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restorative justice vs the criminal justice system
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Retribution “Retribution is the belief that punishment must avenge or retaliate for a harm or wrong done to another” (Mays & Winfree, 2009). In contemporary corrections, retribution is found when the suspect is sentenced in court. There is multiple steps before the suspect is sentenced. After the individual is arrested for a crime, they go to trial first to determine if they are guilty or not. If the individual is guilty they more to the sentencing phase and receive a punishment equivalent to the crime they have committed. There are laws in place to determine the specific minimum and maximum time an individual can serve for each crime. Personally, it might appear slightly harsh but I believe that the Code of Hammurabi should be applied. More …show more content…
The first isolation as punishment: offenders were incarcerated in dungeons or towers to separate them from most human contact. The second is what we call the “rotten apple” response to criminal offenders: offenders were isolated to protect the rest of society from “spoiling.” In this way, prisons and jails became dumping grounds for people society rejected because they were dangerous or simply unpleasant.” (Mays & Winfree, 2009). In Contemporary Corrections, Isolation is used in a form of punishment as well. After an inmate receives a write-up they appear in front of a board. If it is determined that the inmate is guilty they receive segregation days. In segregation, the inmate is isolated from all inmates in a cell and can only exist for one hour a day. The one hour can only be used for shower or recreation time. Isolation is use for the “rotten apples” as well. There is a point system in prisons, the higher the points the worst the crime and behavior in prison. The inmates that have high points are Max inmates that are temporarily in segregation until they reduce their points. This process can take years if the inmate is not willing to learn and improve.The points will disappear if they stay long period of times without receiving write-ups. Additionally, the “rotten eggs” beyond repairs are the inmates that are on Death Row. They are permanently in segregation and can only leave if their sentences are
Believe it or not solitary confinement has been around for generations. Exiles and banishments were the very first forms of solitary, but of course the standards for exile and banishment are a bit more extreme. These sentencing were punishments for those who commit crimes and or brought shame or dishonor to a group or family. Generally if exiled or banished one was not allowed to return until proving themselves worthy of being accept it once more. As decades passed developments to solitary were made. At one point criminals were placed in dark and dirty underground holes, these methods were known as "uncontrolled" solitary. The first "controlled" solitary attempt in America was in 1829 at the Eastern State Penitentiary in Philadelphia. It is on a Quaker believe that prisoners isolated in stone cells with only a Bible would use the time to repent, pray and find introspection (Sullivan). Current solitary confinement rooms are basic, well-lit, sterile boxes. Uncontrolled and controlled solitary
Solitary Confinement is a type of isolation in prison which a prisoner is segregated from the general population of the prison and any human contact besides the prison employees. These prisons are separated from the general population to protect others and themselves from hurting anyone in the prison. These prisoners are deprived of social interaction, treatments, psychologist, family visits, education, job training, work, religious programming and many other services prisoners might need during the sentence of their imprisonment. There are roughly 80,000 prisoners in solitary confinement but 25,000 are in long term and supermax prisons. According to the Constitution, “The Eighth Amendment [...] prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment”(US Const. amend. VIII). Solitary confinement is suppose to be the last straw for inmates to be in. If they don 't follow it, they can be on death row. Taxpayers pay roughly $75,000 to $85,000 to keep prisoners in solitary confinement. That is 3 times higher than the normal prisons that taxpayers pay for them to be in prison. Solitary confinement was established in 1829 in Philadelphia for experimentation because officials believed it was a way for
Since the early 1800s, the United States has relied on a method of punishment barely known to any other country, solitary confinement (Cole). Despite this method once being thought of as the breakthrough in the prison system, history has proved differently. Solitary confinement was once used in a short period of time to fix a prisoners behavior, but is now used as a long term method that shows to prove absolutely nothing. Spending 22-24 hours a day in a small room containing practically nothing has proved to fix nothing in a person except further insanity. One cannot rid himself of insanity in a room that causes them to go insane. Solitary confinement is a flawed and unnecessary method of punishment that should be prohibited in the prison system.
There is no simple right or wrong solution, there is simply choosing the best and most appropriate choice for the specific case. Choosing to use the combination of rehabilitation and deterrence is quite conflicting of one another. But some cases call for help and treatment, and so call for punishment. There are so many factors that contribute to a case, that the decision can be altered so fast by the smallest detail. The criminal justice system is complex, brutal, and sometimes unfair, but deciding on the right goal for the criminal can make all the
Prisons were made of course, to house criminals and keep them away from citizens; however, more than that they were made to rehabilitate. Isn’t the purpose of prisons to help an individual conquer his previous mistakes with the hope that he will eventually be let back out into normal society? But if solitary confinement is a form of torture that may drive inmates out of their minds and certainly impress in them a hatred towards society, then solitary confinement would make them a threat to the public if they were to be let out. Inmates would not be able to go out into society and function correctly. Prisons with solitary confinement would be not only torturing inmates but as well as putting the general public into great danger each time an inmate was released. This goes against the very role of prison
Throughout life we all live through moments that change who we are; mentally, physically and psychologically. These moments can be, huge and defining or something as small as whether we leave our house or just stay home on a certain day. For some, we find ourselves looking back, and not even realizing the power of the decision we made and how it brought us to who we are now. For others, the decisions we made lead to obvious outcomes. A prime example of this is a criminal. Though, he or she might not have known or thought they would get caught, the acts they voluntarily proceeded in, are illegal and the one and only future they ultimately have is jail or prison. Within the prison system, criminals are faced with these same decisions, but the punishment will have much more detrimental effects than any other decision: solitary confinement. This brings me to my main point. Contrary to many may think, it is not just a myth that solitary confinement can and will have extremely detrimental psychological and social effects on any human being, criminal or not.
Solitary confinement does not help challenging prisoners in the long run. Solitary confinement actually has the potential to cause inmates to lose their ability to control and manage their anger. If an inmate continues to be violent, the result is a longer time in solitary confinement. Solitary confinement is inhumane and should be called torture. Putting and keeping an individual in solitary confinement puts them at a very serious risk of developing a mental illness, which may not be recoverable. Solitary confinement causes many effects that range in severity; it is not something that inmates should be subjected to
Solitary Confinement is the isolation of a prisoner in a separate cell as a punishment. Aside from the death penalty, confinement is the most extreme punishment that a prisoner can be sentenced to. Prisoners deserve to maintain their human rights while incarcerated just as much as any ordinary citizen in the United States. Solitary confinement is unconstitutional because it violates the fundamental rights of inmates by physically and socially isolating them, which potentially inflicts severe long-term damage on adolescents.
To incorporate the sentencing goals of retribution, incapacitations and deterrence all sort of tie in with each other. Giving the individual five years sentence with minimum 3 years served. Retribution would be dealt with by giving the criminal jail time well deserved. By serving time in jail, incapacitation would be incorporated. It would definitely remove the convicted person from the community. Jail time would prove to be short term deterrence for the person to commit further crime for three to five years while serving time. Depending on the person’s experience in prison, it might deter him or her from committing any future crimes.
The judicial system is based off the norms and values that individuals are held to within society. When a person is found guilty of committing a criminal act, there must be a model that serves as the basis of what appropriate punishment should be applied. These models of punishment are often based off of ethical theories and include retribution, incapacitation, deterrence, rehabilitation, and restoration. The retribution model of punishment views the offender as responsible for their actions and as such, the punishment should fit the crime (Mackie, 1982). Incapacitation is a form of punishment that removes an offender from society. This model protects
What is solitary Confinement? Solitary Confinement is the practice of isolating people in closed cells for 22-24 hours a day, virtually free of human contact, for periods of time ranging from days to decades. Solitary confinement results primarily from an individual’s behavior while incarcerated, not from their sentence. Although you are isolated and free of human contact Solitary Confinement can promote and worsen mental health issues. When being locked up in a cell for 23 hours everyday you do not get the exercise and activity that regular prisoners will get. Many of the prisoners subjected to isolation have serious mental illness and the conditions of solitary confinement can exacerbate their symptoms or provoke recurrence. Therefore Solitary
Retribution – is a correctional aim which is to hold a person who has committed a crime accountable for committing a crime against another or society in the form of punishment. (Stojkovic and Lovell 2013) What we look at in retribution is when someone is punished there is legitimacy in the punishment of a particular crime that was committed. Some of the pros of retribution are retribution can make a person or society feel safer or a feeling of justice being served when a person is punished for the crime they committed. The con of retribution is during court proceedings the prosecution and the offender’s lawyer may come to a plea agreement which could give the offender a lesser sentence than what he or she would have gotten originally. (Stojkovic and Lovell 2013)
Retribution is what most commonly referred to as the “just deserts” model that says the punishment should match the “degree of harm a criminal has inflicted on their victims” (Stohr, Walsh, & Hemmens, 2013, p.6). In other words, what they “justly deserve”. Where minor crimes should expect a minor punishment, those who commit more severe crimes should expect to be met with just as severe of a punishment in return. An example, some believe that when someone kills someone else, that person should then, in turn, receive the death penalty (depending on the state this would also be allowed or expected by law).
When talking about solitary confinement, you think of a prison within a prison. Many correctional officers believe this because for 23 hours a day an inmate is locked in a small cell with little to no light, other than the window used to communicate with officers. When an inmate is in solitary confinement this means that they do not have contact with any other inmate in the prison. Majority of all solitary confinement cells are only furnished with a bed, sink, and toilet, rarely much else. These inmates are subject to staying alone in the dark and quiet for days and sometimes even longer than days, weeks even. “Today it is unusual for inmates to spend years at a time in solitary (pbs.org).” People say that this practice helps keep prisons
Retribution should be taken for the violent crimes that are committed. Justice means that criminals get what they deserve. The punishment must fit the crime.