The current goal of punishment in the United States is to uphold social control by holding individuals in society accountable for breaking the law.
To further elaborate on this assertion, the intentions of The United States' Criminal Justice System is to keep society in order. This process is done by holding individuals for breaking the law, through formal punishment. There are primarily five recognized purposes of punishment, which are; deterrence, incapacitation, rehabilitation, retribution, and restitution.
The purpose of deterrence the action of discouraging an action/event through instilling fear of consequences: raise the cost of crime to outweigh the reward. Deterrence is a forward-thinking approach, which intends to reduce future
…show more content…
Retribution- prevents future crime by removing the desire for personal avengement against the defendant. When victims discover that the defendant has been adequately punished for a crime, they achieve a certain satisfaction that the criminal procedure is working efficiently, which enhances faith in law enforcement and our government. i.e., revenge- Formal sentencing towards offender from a prior assault, battery, and criminal homicide which victim was part of.
Restitution- Restitution prevents future crime by punishing the defendant financially. i.e., fines, tickets, civil litigation damages
With having the goal of punishment in the United States in mind: uphold social control by holding individuals in society accountable for breaking the law. My assertion of this goal can be validated by looking to Professor Stephen C. McGuinn's analytical writing piece, Prison Management, Prison Workers, and Prison Theory: Alienation and Power. He states that Prisons are necessary- necessary in that they uphold this social contract and promote justice. Also, Michael Foucault claims that disciplinary regulation is the fundamental principle of social control in modern society and is most fully realized in the form of the prison [1977.] These well-respected individuals in their fields could adequately validate my assertion in a degree that holding social control and order through
…show more content…
Pew Center in the States recently estimated that about 1 in 100 adults is currently incarcerated (2008) and 1 in 31 is currently under some correctional control." According to Prison Policy Initiative by Peter Wagner and Bernadette Rabuy, they assessed that "The American criminal justice system holds more than 2.3 million people." Personally examining this data of the population of U.S. prisons, it shows how the purpose of punishment of incapacitation through incarceration regarding imprisonment is alarming. Imprisonment of offenders should be viewed as being abused by the United States Criminal Justice system, as it tries to attain their goal of holding social control through holding individuals accounting for breaking the law. The need of abusing the process of institutionalization can be drawn back historically as far back as 1816, with the first adopted jail/prison system. Over the next centuries,d demographics, a composition of prisoners and the polices, and perceptions of society have all contributed over time to ultimately created a troubled prison system. According to multiple sources, Stephen C. McGuinn and James J. Drylie Ph.D., who are highly respected in their field. They correlate on the abuse of institutionalization of offenders in the United States. McGuinn discusses in his paper the inequalities and
Revenge is a fairly strong emotion; it’s wanting to retaliate towards those who wronged you. Revenge is such an uncontrollable way of retaliation that it can result in a destructive outcome or carried out successfully. Although the results may vary, revenge sums up to one thing which is pain of some sort, affecting both parties or just one. Throughout history we see many tales of revenge and redemption. Often revenge does leave the one carrying it out feeling victorious but this can suddenly change as the process of karma generally begins in some tales.
The Punishment Imperative, a book based on the transition from a time when punishment was thought to be necessarily harsh to a time where reform in the prion system is needed, explains the reasons why the grand social experiment of severe punishment did not work. The authors of the book, Todd R. Clear and Natasha A. Frost, strongly argue that the previous mindset of harsh punishment has been replaced due to political shifts, firsthand evidence, and spending issues within the government. Clear and Frost successfully assert their argument throughout the book using quantitative and qualitative information spanning from government policies to the reintegration of previous convicts into society.
Where justice is putting a stop to the perpetrator for what they have done wrong. “Justice-as logically, legally and ethically defined-isn’t really about getting even or experiencing a spiteful joy in retaliation. Instead, it's about righting a wrong,” from Leon F.Seltzer’s “Don’t Confuse Revenge With Justice: Five Key Differences.” In other words, justice is not about getting back at anyone with retaliation but correcting a wrong to restore balance.
The aims of sentencing include punishment, deterrence, rehabilitation, denunciation and protection. Punishment is used to punish the offender for their wrong conduct to an extent and in a way that is just in all circumstances and is intended to show public abhorrence from the offence. An example of a sentencing option that may be used to punish an offender includes imprisonment. A recent sentence imposed in the Tasmanian Supreme Court aimed at punishing an offender is the case of Michael Robert Keeling v State of Tasmania in which the judge needed to balance the need to punish the offender and the need to deter him and others from such conduct while keeping the best interests of the community in mind. Deterrent sentences are aimed at deterring not only the offender from further offences but also potential offenders. Specific deterrence is concerned with punishing an offender in the expectation they will not offend again whereas general deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment. An example of ...
... always justice, and there is usually more emotion involved in the revenge and thus the revenge hurts more than the original crime hurt.
Today the US now imprisons more people than any other country in the entire world. The US has approximately “1.8 million people behind bars: about 100,000 in federal custody, 1.1 million in state custody, and 600,000 in local jails.” ¹ The inmate population in America has grown so big that it is hard to even comprehend it. Think about the combined populations of some of the largest cities in the nation – Atlanta, Miami, ECT. – the inmate population exceeds that. Marc Mauer in his book The Race to Incarcerate says, "No other society in human history has ever imprisoned so many of its own citizens for the purpose of crime control… We have embarked on a great social experiment"
Although prisons have a few positive aspects such as keeping felons off the streets and being less final than the death penalty, they have many negative aspects as well such as tearing families apart, causing severe psychological harm to the children of inmates, costing 47,102 dollars a year in California alone (California Judicial website), and causing many problems for the inmates in the long run. Fundamentally the use of incarceration is intended to reform and rehabilitate offenders of society’s laws; however, America’s prison system usually makes matters much worse for the offender, his or her family, and society as a whole. The illustrations below show that there is a severe need for reform in the penal system.
Society has long since operated on a system of reward and punishment. That is, when good deeds are done or a person behaves in a desired way they SP are rewarded, or conversely punished when behaviour does not meet the societal norms. Those who defy these norms and commit crime are often punished by organized governmental justice systems through the use of penitentiaries, where prisoners carry out their sentences. The main goals of sentencing include deterrence, safety of the public, retribution, rehabilitation, punishment and respect for the law (Government of Canada, 2013). However, the type of justice system in place within a state or country greatly influences the aims and mandates of prisons and in turn targets different aspects of sentencing goals. Justice systems commonly focus on either rehabilitative or retributive measures.
Justice is part of revenge; as also for revenge is part of justice. “Justice” comes from a Latin word that means “straight, fair, equal”, it’s the quality of being righteous and loyal towards one’s state, although serves the interests of the stronger (Hourani, 1962), while revenge is the act of taking retaliation for injuries or wrongs. What ever the circumstances are being the individual who experiences a unjust act, results in the hunt for one of these two things: Justice or revenge. What are the key differences between the two? Justice can be defined as the concept of moral rightness, which is based on the rules of law, fairness, ethics, and equality among the governed citizens.
The sentencing process is created by some of the legislative party, who use their control to decide on the type of criminal punishment. The sentencing guidelines for the judges to go by can be different depending on the jurisdiction and can include different sentencing such as “diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty” (Siegel & Bartollas, 2011, p. 40). In some jurisdictions the death penalty is not included as one of the punishments. Being sentenced is step one of the correction process and is in place to discourage repeat offenders (Siegel & Bartollas, 2011, p. 40). Depending on the crime committed the offender can be sentenced to a consecutive sentence or a concurrent sentence. If an offender is charged for committing more than one crime the judge can give the offender a concurrent sentence where both charges are served at the same time. If an offender is charged for committing more than one crime the offender can be giving a sentenced where he has to serve time for each crime one after the other (Siegel & Worrall, 2013, p. 210). Once the offender has been sentenced from there you will be able to determine if the sentence is indeterminate or determinate.
Deterrence – is connected to punishment where it is a way to let a person who has committed a crime know and to let the rest of society or those looking to commit a crime know it will not be tolerated or accepted and there is the possibility of some form of punishment. (Stojkovic and Lovell 2013) If a person or society sees what can happen if they commit a crime by seeing what happens to others then they are more likely to obey the laws and live an honest lifestyle.
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
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.
Laws serve several purposes in the criminal justice system. The main purpose of criminal law is to protect, serve, and limit human actions and to help guide human conduct. Also, laws provide penalties and punishment against those who are guilty of committing crimes against property or persons. In the modern world, there are three choices in dealing with criminals’ namely criminal punishment, private action and executive control. Although both private action and executive control are advantageous in terms of costs and speed, they present big dangers that discourage their use unless in exceptional situations. The second purpose of criminal law is to punish the offender. Punishing the offender is the most important purpose of criminal law since by doing so; it discourages him from committing crime again while making him or her pay for their crimes. Retribution does not mean inflicting physical punishment by incarceration only, but it also may include things like rehabilitation and financial retribution among other things. The last purpose of criminal law is to protect the community from criminals. Criminal law acts as the means through which the society protects itself from those who are harmful or dangerous to it. This is achieved through sentences meant to act as a way of deterring the offender from repeating the same crime in the future.
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.