Correctional Challenges
Many would argue that the correctional field is an evolving discipline. In some ways, this is true. As constitutional provisions and laws were scrutinized during the civil rights movement, its general principle of no government agency “can or should remain beyond the reach and control" of its directives, led to the intervention of courts into correctional issues (U.S. Department of Justice National Institute of Corrections, 2007, p 5). This marked the rights era of correction. Under several landmark Supreme Court decision during the 1970s, prisoners gained constitutional rights (Foster, 2006, p 353). However, the ideologies of corrections have remained unchanged: a secure dumping ground to hold the socially dysfunctional. In general, this has left warehousing the main discipline of corrections. As illicit drug consumption grew in the 1980s, a war was declared on criminals. A “tough on crime” stance led to longer mandatory prison sentences for gun crimes, sex crimes, drug crimes, and habitual offenders. This has led to sentencing reforms that have not only become a contemporary correctional issue, but also affected prison populations and correctional budgets.
Sentencing Reform
Sentencing laws have radically changed in the United States. Prior to the mid-1970s, sentencing options were substantially at the discretion of judges (Foster, 2006, p 78). The judicial form of sentencing granted trail judges’ the decision-making power over sentencing options (Seiter, 2011, p 57). Judges were viewed as experts in their field. Congress set “a broad range of punishments for each offense, only intervening when the need arose to address public demands for harsher penalties for crimes (Gertner, 2010, p 696...
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...know effective benefits for incarceration, besides warehousing. Many states have recognized this and have taken stronger stances toward using alternative strategies to relieve prison overcrowding and state budgets. Community policing holds the benefit to change vital perception toward law enforcement and the offending population. Threw the building of positive relationships, police can better serve these communities through nurturing them, rather than marginalizing them. Post-conviction bonds are a new and innovative alternative that has emerged that can help address the correctional issues of overcrowding and cost. So far, these bonds have produced highly successful rates at no public cost; it will be interesting to see how the program develops. Bonds might create the innovative approach that corrections need to change the way the system views punishment.
A judge has the ability to choose to alter their decision for sentencing based on their respective state’s truth in sentencing program. Depending on the crime and the offender, a judge may decide to mandate the offender to a longer than average sentence. The judge may change the offender’s base sentence. It may be reduced to match a sentence that is similar to a non-truth in sentencing punishment. He or she knows the offender will only serve about eighty-five percent of the sentence before they are eligible for parole or released. By minimizing the sentence, the eighty-five percent served would resemble a sentence that allowed for early release (Chen, 2001, page ii). However, the judge may form a bias of the individual and use this power to order them to a greater amount of time in order to punish the person. An individual who commits a crime, especially a violent crime, would serve almost double the average sentence served (Ditton and Wilson, 1999, pages 7-8). It would also force individuals, who commit less severe crimes to serve longer sentences since they are serving the majority of their sentence. A bias of the offender, which can be based on any extralegal factor, may lead to an injustice sentence and truth in sentencing would not allow them to be released early. There are also innocent people within the criminal justice system that may be falsely convicted.
Throughout his novel, Texas Tough: The Rise of America’s Prison Empire, author and professor Robert Perkinson outlines the three current dominant purposes of prison. The first, punishment, is the act of disciplining offenders in an effort to prevent them from recommitting a particular crime. Harsh punishment encourages prisoners to behave because many will not want to face the consequences of further incarceration. While the purpose of punishment is often denounced, many do agree that prison should continue to be used as a means of protecting law-abiding citizens from violent offenders. The isolation of inmates, prison’s second purpose, exists to protect the public. Rehabilitation is currently the third purpose of prison. Rehabilitation is considered successful when a prisoner does n...
The criminal justice system has been in place the United States for centuries. The system has endured many changes throughout the ages. The need for a checks and balances system has been a priority for just as long. Federal sentencing guidelines were created to help create equal punishments among offenders. Judges are given the power of sentencing and they are not immune to opinions, bias, and feelings. These guidelines are set in place to allow the judge to keep their power but keep them within a control group of equality. Although there are a lot of pros to sentencing guidelines there are also a lot of cons. Research has shown that sentencing guidelines have allowed the power to shift from judges to prosecutors and led to sentencing disparity based on sex, race, and social class.
Starting in 1970s, there has been an upward adjustment to sentencing making punishment more punitive and sentencing guidelines more strict. Martinson's (1974) meta-analyzies reviewed over 200 studies and concluded that nothing works in terms of rehabilitating prisoners. Rehabilitating efforts were discontinued. The War on Drugs campaign in 1970s incarcerated thousands of non-violent drug offenders into the system. In 1865, 34.3% of prison population were imprisoned for drug violation. By 1995, the percentage grew to 59.9% (figure 4.1, 104). Legislation policies like the Third Strikes laws of 1994 have further the severity of sentencing. The shift from rehabilitation to human warehouse marks the end of an era of trying to reform individuals and the beginnings of locking inmates without preparation of their release. Along with the reform in the 1970s, prosecutors are given more discretion at the expense of judges. Prosecutors are often pressure to be tough on crime by the socie...
Mandatory minimum sentencing laws have gained popularity in the United States over the last couple of decades. By the early 1990’s, these laws existed in all 50 states (Bjerk, 2005). The purpose of these laws seems to be aimed at creating lengthier sentences for repeat offenders; however, these laws have also been known to cause unintended consequences within the criminal justice system (Bjerk, 2005). Persons involved in the judicial process (such as judges and prosecutors) have come to realize these discrepancies within the mandatory minimum laws and have learned to circumvent them (sometimes causing further discrepancies). When working within the court system, a person encounters mandatory minimum sentencing laws, and on occasion, the need for mitigation/departure from the guidelines. Depending on how judicial personnel decide to “mitigate” the circumstances, one must consider ethical principles (such as formalism) in order to determine how to deal with these types of situations.
Today, half of state prisoners are serving time for nonviolent crimes. Over half of federal prisoners are serving time for drug crimes. Mass incarceration seems to be extremely expensive and a waste of money. It is believed to be a massive failure. Increased punishments and jailing have been declining in effectiveness for more than thirty years. Violent crime rates fell by more than fifty percent between 1991 and 2013, while property crime declined by forty-six percent, according to FBI statistics. Yet between 1990 and 2009, the prison population in the U.S. more than doubled, jumping from 771,243 to over 1.6 million (Nadia Prupis, 2015). While jailing may have at first had a positive result on the crime rate, it has reached a point of being less and less worth all the effort. Income growth and an aging population each had a greater effect on the decline in national crime rates than jailing. Mass incarceration and tough-on-crime policies have had huge social and money-related consequences--from its eighty billion dollars per-year price tag to its many societal costs, including an increased risk of recidivism due to barbarous conditions in prison and a lack of after-release reintegration opportunities. The government needs to rethink their strategy and their policies that are bad
According to the Bureau of Justice Statistics, in the year 1980 we had approximately 501,900 persons incarcerated across the United States. By the year 2000, that figure has jumped to over 2,014,000 prisoners. The current level of incarceration represents the continuation of a 25-year escalation of the nation's prison and jail population beginning in 1973. Currently the U.S. rate of 672 per 100,000 is second only to Russia, and represents a level of incarceration that is 6-10 times that of most industrialized nations. The rise in prison population in recent years is particularly remarkable given that crime rates have been falling nationally since 1992. With less crime, one might assume that fewer people would be sentenced to prison. This trend has been overridden by the increasing impact of lengthy mandatory sentencing policies.
Many changes are made inside the justice system, but very few have damaged the integrity of the system and the futures of citizens and prisoners. Although the story seems to focus more on lockdown, Hopkins clearly identifies the damaging change from rehabilitation in prisons to a strategy of locking up and containing the prisoners. To the writer, and furthermore the reader, the adjustment represented a failure to value lives. “More than 600,000- about 3 times what it was when I entered prison, sixteen years ago. In the resulting expansion of the nation’s prison systems, authorities have tended to dispense with much of the rehabilitative programming once prevalent in America’s penal institutions” (Hopkins 157). The new blueprint to lock every offender in prison for extended sentencing leads to an influx in incarcerated people. With each new person
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 ...
The corrections system has varied in many way throughout the years, and most people have mixed feelings about how it is being ran in today’s world. The system has changed over time all over the world, but it has also changed in different regions in the world. For example, some laws and regulations have been changed over the years that apply to the whole nation, while some laws and regulations only change in certain states. Not only do laws around the nation change, but the way prisons are ran in certain areas of the United States have changed over the years. Although laws and regulations of the correction systems change over time, the United States finds a way to enforce the law in the most efficient way possible all over the nation.
Correctional Work today is said to be one of the hardest, most exhausting, and mentally draining fields of work. A correctional officer is said to be the voice of authority in the institution, as well as the one who is ensuring the safety and welfare of prisoners. Corrections is a critical component of the justice system, the rewards of working in this system can be highly favorable in the end. Working in corrections can be a lifelong profession as well as life changing. You have opportunities to grow in this field of work, you are required to keep up training and leadership skills as well as strive to your highest potential. Sometimes you are even allowed to make a difference in one person’s life. Without this some would have a reoccurring pattern in life and never see the outside of a jail cell.
Prison was designed to house and isolate criminals away from the society in order for our society and the people within it to function without the fears of the outlaws. The purpose of prison is to deter and prevent people from committing a crime using the ideas of incarceration by taking away freedom and liberty from those individuals committed of crimes. Prisons in America are run either by the federal, states or even private contractors. There are many challenges and issues that our correctional system is facing today due to the nature of prisons being the place to house various types of criminals. In this paper, I will address and identify three major issues that I believe our correctional system is facing today using my own ideas along with the researches from three reputable outside academic sources.
All over America, crime is on the rise. Every day, every minute, and even every second someone will commit a crime. Now, I invite you to consider that a crime is taking place as you read this paper. "The fraction of the population in the State and Federal prison has increased in every single year for the last 34 years and the rate for imprisonment today is now five times higher than in 1972"(Russell, 2009). Considering that rate along crime is a serious act. These crimes range from robbery, rape, kidnapping, identity theft, abuse, trafficking, assault, and murder. Crime is a major social problem in the United States. While the correctional system was designed to protect society from offenders it also serves two specific functions. First it can serve as a tool for punishing the offender. This involves making the offender pay for his/her crime while serving time in a correctional facility. On the other hand it can serve as a place to rehabilitate the offender as preparation to be successful as they renter society. The U.S correctional system is a quite controversial subject that leads to questions such as how does our correctional system punish offenders? How does our correctional system rehabilitate offenders? Which method is more effective in reducing crime punishment or rehabilitation? Our correctional system has several ways to punish and rehabilitate offenders.
“The history of correctional thought and practice has been marked by enthusiasm for new approaches, disillusionment with these approaches, and then substitution of yet other tactics”(Clear 59). During the mid 1900s, many changes came about for the system of corrections in America. Once a new idea goes sour, a new one replaces it. Prisons shifted their focus from the punishment of offenders to the rehabilitation of offenders, then to the reentry into society, and back to incarceration. As times and the needs of the criminal justice system changed, new prison models were organized in hopes of lowering the crime rates in America. The three major models of prisons that were developed were the medical, model, the community model, and the crime control model.
...rounding individual offender needs and courtroom management and organizational concerns. Although courtroom actor reliance on different focal concerns is theorized to be uniform across jurisdictions, the relative emphasis and subjective interpretation of these considerations is likely to vary across court communities (Ulmer and Johnson, 2004). This is because "the meaning, relative emphasis and priority, and situational interpretations of them is embedded in local court community culture, organizational contexts, and politics" that vary across courts (Kramer and Ulmer, 2002: 903). From this perspective, judicial departures can be understood as the result of the complex interplay between formally rational guideline recommendations and substantively rational sentencing concerns, based on varying interpretations of different focal concerns across courtroom communities.