When a crime is committed against another person, then justice must be served to those who committed the crime. In some cases the crimes involve sexual attacks on grown adults while some offenses are against minors. In these examples the underling connection is the committed crimes of sexual abuse or sexual assault on adults and minors. When these crimes are brought before the justice system they are processed and the convicted are given a sentence to carry out but sometimes those sentences may not provide efficient time to produce the required outcome of correcting the individual or may be determined that there is no fixing the convicted disorder. The United States Supreme Court decision to hold a mentally ill, sexually dangerous prison past their assigned release date is right because it protects the public from further dangers, allows for sufficient time for psychiatric processes to work, and imposes stricter punishment for those who are convicted of sexual crimes with a high possibility of recidivism.
Steps are taken by the justice system to protect the public from those who have committed and been convicted of sexually based crimes with incarceration and probation. When these criminals reach the end of their assigned sentence, the prison system had no choice but to allow the inmate to be release but after the 17 May 2010 ruling by the U.S. Supreme Court in the case of UNITED STATES v. COMSTOCK, it was determined that, “Federal law allows a district to order the civil commitment of a mentally ill, sexually dangerous federal prisoner beyond the date he would other wise be released.” This action allows for the federal system to hold a mentally ill, sexually dangerous prisoner for an indefinite amount of time after the se...
... middle of paper ...
...tric processes to work, and imposes stricter punishment for those who are convicted of sexual crimes with a high possibility of recidivism. The public that did not commit any crimes and only wants to lead the everyday lives desires the right to have a society safe from these criminal.
Works Cited
Center for Sex Offender Management. Recidivism of Sex Offenders. Center for Sex
Offender Management, 1 May 2010. Web. 19 May 2010.
Norman-Eady, Sandra. “Sexual Abuse, Harassment, and Assault.” OLR Research Report.
Connecticut General Assembly. Web. 6 Dec. 2005.
.
United States v. Comstock. 18 U.S.C. 4248. Supreme Court of the US. 2010. Legal
Information Inst., Cornell U Law School, n.d. Web. 19 May 2010.
.
When envisioning a prison, one often conceptualizes a grisly scene of hardened rapists and murderers wandering aimlessly down the darkened halls of Alcatraz, as opposed to a pleasant facility catering to the needs of troubled souls. Prisons have long been a source of punishment for inmates in America and the debate continues as to whether or not an overhaul of the US prison system should occur. Such an overhaul would readjust the focuses of prison to rehabilitation and incarceration of inmates instead of the current focuses of punishment and incarceration. Altering the goal of the entire state and federal prison system for the purpose of rehabilitation is an unrealistic objective, however. Rehabilitation should not be the main purpose of prison because there are outlying factors that negatively affect the success of rehabilitation programs and such programs would be too costly for prisons currently struggling to accommodate additional inmate needs.
2. Did you easily find the National Criminal Justice Reference Service when you searched for NCJRS on the search tools?
If a person convicted of a crime shows no signs of being mentally ill when entering a prison which enforces the long-term use solitary confinement, by the time they completed their sentence and are released, their mental health will have been severely compromised. Studies have shown that the long-term use of segregation in prisons can cause a wide variety of phycological effects such as anxiety, psychosis, depression, perceptual distortions, and paranoia, often leading to a desire to self-harm or in more severe cases suicide. Not only is it wrong to hold a criminal in solitary confinement for any longer then fifteen days, it is unconstitutional. Although many believe the use of solitary
There is much debate as to whether a sex offender should be released into the public, this debate stems from the idea that a sex offender cannot be treated and that they are a danger to the public as they are ‘purely evil’ (Burke, 2005), however there is much evidence that sex offenders can be treated and re-introduced into society as a productive member. Sex offender is a general term used to refer to any person who has been convicted of crimes involving sex, from rape and molestation to exhibitionism and pornography distribution. There are many theories which try to explain why people are sexual offenders, these theories along with treatments for sex offenders will be looked at to help explain why people sexually offend and to help evaluate whether sex offenders should be released.
Sex offender legislation has been encouraged and written to protect the community and the people at large against recidivism and or to help with the reintegration of those released from prison. Nevertheless, a big question has occurred as to if the tough laws created help the community especially to prevent recidivism or make the situation even worse than it already is. Sex offenders are categorized into three levels for example in the case of the state of Massachusetts; in level one the person is not considered dangerous, and chances of him repeating a sexual offense are low thus his details are not made available to the public (Robbers, 2009). In level two chances of reoccurrence are average thus public have access to this level offenders through local police departments in level three risk of reoffense is high, and a substantial public safety interest is served to protect the public from such individuals.
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
In the article “The Mentally Ill Are Mishandled by the Justice System”, Shannon explains how there are approximately 3000 mentally ill inmates in a prison who are unjustfuly sent there. Many mental illnesses are cause by post traumatic experiences such as being abused as a child or being sexually abused as a child. She also explains how many times judges and officers do not fully understand why mentally ill people do what they do, therefore they misunderstand the person’s actions and send them.
Sexual Abuse has gained an outrageous amount of attention as it quickly inclines to the top concerns of the prison system. Officials have been severely struggling as surveys display the number of sexual assaults with no regard of the person’s age, gender, or race. Officers and other staffs have been engaging in sexual activities with inmates undermining the rules and regulation of the system, and ignoring the oath taken prior to becoming an officer. Inmates have been raped, had affairs, become pregnant and deeply involved with the staff of the prison. As a result of the struggles, officials generated the PREA Act, a policy that was put in place to help prosecute and punish officers who engaged in such behavior.
Prior to taking this course, I generally believed that people were rightly in prison due to their actions. Now, I have become aware of the discrepancies and flaws within the Criminal Justice system. One of the biggest discrepancies aside from the imprisonment rate between black and white men, is mental illness. Something I wished we covered more in class. The conversation about mental illness is one that we are just recently beginning to have. For quite a while, mental illness was not something people talked about publicly. This conversation has a shorter history in American prisons. Throughout the semester I have read articles regarding the Criminal Justice system and mental illness in the United States. Below I will attempt to describe how the Criminal Justice system fails when they are encountered by people with mental illnesses.
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
The United States has the highest incarceration rate in the world and of that over sixty percent of jail inmates reported having a mental health issue and 316,000 of them are severely mentally ill (Raphael & Stoll, 2013). Correctional facilities in the United States have become the primary mental health institutions today (Adams & Ferrandino, 2008). This imprisonment of the mentally ill in the United States has increased the incarceration rate and has left those individuals medically untreated and emotionally unstable while in jail and after being released. Better housing facilities, medical treatment and psychiatric counseling can be helpful in alleviating their illness as well as upon their release. This paper will explore the increasing incarceration rate of the mentally ill in the jails and prisons of the United States, the lack of medical services available to the mentally ill, the roles of the police, the correctional officers and the community and the revolving door phenomenon (Soderstrom, 2007). It will also review some of the existing and present policies that have been ineffective and present new policies that can be effective with the proper resources and training. The main objective of this paper is to illustrate that the criminalization of the mentally ill has become a public health problem and that our policy should focus more on rehabilitation rather than punishment.
Within the Federal Government there are three main branches; “the Legislative, the Judicial, and Executive” (Phaedra Trethan, 2013). They have the same basic shape and the same basic roles were written in the Constitution in 1787.
In the 1970s and 1980s, a massive amount of inmates began fillin up the United States prison systems. This huge rate of growth in this short amount of time, has greatly contributed to the prison overcrowding that the United States faces today. In fact, the prisons are still filled to the seams. This enormous flood of inmates has made it practically impossible for prison officials to keep up with their facilities and supervise their inmates. One of the main reasons why many prisons have become overcrowded is because of states’ harsh criminal laws and parole practices (Cohen). “One in every 100 American adults is behind bars, the highest incarceration rate in the world” (Cohen). The amount of inmates in corrections systems, throughout the nation, sky-rocketed to 708 percent between 1972 and 2008. Today, there are about 145,000 inmates occupying areas only designed for 80,000 (Posner). Peter Mosko, “an assistant professor of Law, Police Science and Criminal Justice at New York’s John Jay College of Criminal Justice” (Frazier) stated, “America, with 2.3 million people behind bars, has more prisoners than soldiers” (Frazier). There have been studies that have shown “there are more men and women in prison than ever before. The number of inmates grew by an average of 1,600 a week. The U. S. has the highest rate of crime in the world” (Clark). Because of this influx in inmates, many prisoners’ rights groups have filed lawsuits charging that “overcrowded prisons violate the Constitution’s 8th Amendment ban on cruel and unusual punishment” (Clark). It is clear that the United States corrections system needs to be reformed in order to eliminate this problem. Prison overcrowding is a serious issue in society due to the fact it affects prison ...
have not come about without criticism on constitutional grounds. Any criticism should take into account the extraordinary recidivism rates found only in the criminal class of the s...
The criminal justice system is composed of three parts – Police, Courts and Corrections – and all three work together to protect an individual’s rights and the rights of society to live without fear of being a victim of crime. According to merriam-webster.com, crime is defined as “an act that is forbidden or omission of a duty that is commanded by public law and that makes the offender liable to punishment by that law.” When all the three parts work together, it makes the criminal justice system function like a well tuned machine.