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Prison rehabilitation programs research paper
Reason in favor of using alternatives to incarceration
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INCARCERATION When the goal is, rehabilitation dominated corrections is can be sentenced where offenders are given indeterminate sentences, meaning undefined time, with release dependent on counseling, treatment, education, and response. Incarceration time is generally defined within a specific time frame, anytime during that time frame a prisoner may be subject to parole. Determinate sentences are sentences that the sentences are ridged and for a specific period. After this time is completed and good time served is taken into consideration the prisoner is released. This type of sentencing does not demand that the prisoner take part in any type of treatment program as a requirement for release. Mandatory sentences were adopted for specific crimes such as violent crimes, drugs, and felony firearms violations. The three-strikes law has been controversial and Proposition …show more content…
Sanctions include in home monitoring, reparations to victims, community service, fines, boot camp and forfeiture of illegally gained items. PROBATION Probation is the most common sanction and requires the offender report to a parole officer. The offender is supervised in their activities, including such areas as employment, living conditions, acquaintances, drug testing and curfews to name a few. Probation is most likely associated with a return to incarceration for noncompliance. DEATH Capital punishment is the final method of incapacitation. The sanction is costly and slow to be implemented, inmates sit on death row for years and decades. The goals in criminal sanctions vary, retribution is the main goal of any sanction and added or attached sanctions are dependent upon the type of offences committed. The goal of deterrence is debatable, death is the final incapacitation and rehabilitation and reintegration into society to become as successful member of society is a primary
Rehabilitation is another objective of sentencing. Rehabilitation is different from incapacitation and deterrence in that it does not always involve getting put behind bars. An offender may receive a sentence of rehabilitation where they are released back into society to complete a community based sentence (Goff, 2014 p.296).
Overall, intermediate sanctions have pros and cons as opposed to the method of incarceration. Benefits that are present tend to correlate with the idea of helping both the offender and society, the ability to let an offender still be punished but not to the extent of being too harsh such as imprisonment, and the ability to not overcrowd jails and to focus on more severe cases. Now referring to the negative side of things, intermediate sanctions are very uncertain when it comes to the ethicacy and philosophy behind these
Determinate sentencing is becoming more popular in juvenile courts. It is a special statute that allows for the possibility of a juvenile serving a sentence beyond the age of 21. It specifically covers certain violent offenses and drug cases, like murder, capital murder, sexual assault, and indecency with a child. Aggravated controlled substances cases are also covered (TYC website). The alternative to determinate sentencing is blended sentencing, which allows judges to issue delinquent offenders both juvenile and adult dispositions. Depending on the behavior of the delinquent while serving out their juvenile sentence, a fail-safe postadjudication stage occurs to determine whether or not their adult sentence should be suspended or invoked (Belshaw et al, 2011).
Corrections are a necessary tool to protect society from those who do harm to others or to others property. Depending on the type of crime that was committed, and if the crime is considered a state or federal charge, also depends on where the person sentenced will do his time. There are four main sentencing options available; prison, probation, probation and confinement, and prison and community split. When a person is sentenced to do their time in prison most likely they will go to a state or federal prison. If a person is ordered probation, it prevents them from going to jail but they have stipulations on their probation. This is called intermediate sanctions, which are the various new correctional options used as adjuncts to and part of probation. Some intermediate sanctions include restitution, fines, day fines, community service, intensive supervised probation, house arrest, electronic monitoring, and shock incarceration.
The United States Criminal Justice System has several options available when it comes to sentencing. Probation is one that we hear of most when it comes to first time offenders as well as juvenile offenders. John Augustus first developed probation in Boston in 1841. The first probation law was enacted in Massachusetts in 1878. By the 1990’s the juvenile justice system was far more effective as it began taking greater measures. In 2010, probation was used in approximately 53 percent of juvenile delinquency cases. Typically, probation sentences are circumstantial, and are imposed under very specific terms and conditions. These must be followed by the defendant unless he or she would like to return
Starting in 1993, over half the states and the federal government enacted some form of “three strike and you’re out” legislation, also sometimes called the “habitual offender law” (Marion and Oliver, p.350). 2012). The 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' of the 'Secondary' The state of Washington was the first to implement the three strike law; the state of California soon followed with a broader version of the law. The three strike law made mandatory that those offenders who have been convicted three times for serious crimes be sentenced to life in prison. Even though adopted versions of the law vary among states, some states reduce judicial discretion while some states allow some judicial discretion. For example, the state of California requires twenty-five years to life in prison for any individual who has been convicted of any felony following two prior convictions for serious crimes.
Offenders are, at times, ordered to do all of these. Intermediate sanctions can be implemented in several ways. It can be implemented during arraignment or the initial sentencing, after the offender agrees to treatment and has shown improvement in compliance, or it can be implemented as a means to reduce the population in the correctional system (textbook, 131). This brings up the question of whether intermediate sanctions should be used and at what cost to the government. There are many reasons why intermediate sanctions are used and should be used.... ...
Indeterminate sentencing involves the judge handing down the sentence, specifying what the maximum and the minimum sentence is. However, the actual length of time served is determined by the parole board. Determinate sentencing involves prisoners being released early for good behavior. In other words, these inmates are given credits for good behavior or for participation in projects, experiments or educational programs (Schmalleger & Smykla, 2011). The credits, in turn, reduce the sentencing.
Determinate sentences are intended to make justice fair and to make possible offenders aware of what sentences they could receive. This does not answer whether determinate sentencing reduces the sentencing inequality between people who are sentenced for similar crimes. Unless criminals think rationally before committing offences, there is little point to the deterrence argument. Another related issue is that unless the meaning of the gain to the criminal is known, there is no way to create punishments that will counter the gain (Henry, S & Lanier, M,
One sentence that is handed down is the indeterminate sentence. This sentence permits early release from a correctional institution after the offender has served a required minimum portion of his or her sentence ("Indeterminate vs Determinate Prison Sentences Explained | Criminal Law", n.d.). This may be a good type of sentence for someone that may be a first time offender or maybe one that the judge may feel has a good chance at being rehabilitated. One problem with...
There are several types of punishment that can be inflicted upon an offender including, fines, community sanctions and imprisonment (The Judicial Conference of Australia, 2007). Punishment is described as a sanction which inflicts a certain amount of pain and loss on the offender, used for payback and deter (The Judicial Conference of Australia, 2007; Carlsmith, Darley, & Robinson, 2002). There are three ways society justifies punishing offenders, through the
Provide the justifications for punishment in modern society. Punishment functions as a form of social control and is geared towards “imposing some unwanted burden such as fines, probations, imprisonment, or even death” on a convicted person in return for the crimes they committed (Stohr, Walsh, & Hemmens, 2013, p.6). There are four main justifications for punishment and they are: retribution, deterrence, rehabilitation, and incapacitation. There is also said to be a fifth justification of reintegration as well.
Capital punishment is the death penalty, or execution which is the sentence of death upon a person by judicial process as a punishment for a crime like murdering another human and being found guilty by a group of jurors who have listen to a court hearing were the District Attorney and the defendant argue their sides of the case. Historical penalties include boiling to death, flaying, disembowelment, crucifixion, crushing (including crushing by elephant), stoning, execution by burning, dismemberment.(2008) The U.S., begin using the electric chair and the gas chamber as more humane execution then hanging, then moved to lethal injection, which in has been criticized for being too painful. Some countries still choose to use hanging, and beheading by sword or even stoning.
Correction has now moved from that of retributive to rehabilitative and doing so has also implemented certain institutions to assist in the rehabilitation process. Such institutions involve offer two basic service called ‘probation and parole’. Probation and Parole are very similar in that they are both dealing with someone who has broken the law and is a substitute to incarceration; both systems are used by judges in dealing with offenders. Probation deals with offenders before they enter the prison system and it is called a suspension of sentence. This sentence is handed down to you by a judge (Abadinsky, 2012). Once a judge sanction your probation you are assigned a probation officer and you are now known as the probationer until you have successfully completed your requirements as ordered by the judge; then you will be released from your service.
According to David Garland, punishment is a legal process where violators of the criminal law are condemned and sanctioned with specified legal categories and procedures (Garland, 1990). There are different forms and types of punishment administered for various reasons and can either be a temporary or lifelong type of punishment. Punishment can be originated as a cause from parents or teachers with misbehaving children, in the workplace or from the judicial system in which crimes are committed against the law. The main aim of punishment is to demonstrate to the public, the victim and the offender that justice is to be done, to reduce criminal activities and to deter people from wanting to commit any form of crime against the law. In other words it is a tool used to eliminate the bad in society or to deter people from committing criminal activities.