The main purpose of this research is to promote the use of the theory of rehabilitation. It is to make sure that the order imposed on child offender is in line with the Child Act 2001. This type of principle seeks to bring changes to the offenders . The ultimate goal of this theory is to restore a convicted offender to a place in the society through some combination of treatment, education and training. This theory will help and support the offenders by utilizes the punishment with other way than imprisonment. It reduces the possibility of future criminality. This theory is essential in helping the child offenders because without this theory, practitioners and clients will be unaware of an intervention and their relationship to the causes of offending . As an analogy, theory of rehabilitation is like topological maps, they provide a comprehensive guide for navigating one’s way through the reintegration process . Example of rehabilitation that has been practiced in Malaysia is the program by Department of Social Welfare Malaysia which rehabilitation program for children in conflict with the law .
2.2.4.2 Legal view of the theory of rehabilitation
Most of the countries including Malaysia have been using the theory of rehabilitation but it has been used back and forth with the theory of deterrence depending on the matters at hand . According to Norval Morris and Frank Zimring in "Deterrence and Corrections", The Annals of the American Academy of Political and Social Science, the society has developed a motive in justifying punishment which is as a means of expressing society's retributive feelings as a method of inculcating respect for law and order and as a method of isolating high crime risks as a deterrent and as a mechanism for...
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...nd programme based on this theory as treatment to cure the disease. The truth is that this kind of programme is open-ended and does not deal specifically with the type of offence committed by the offender . As this kind of punishment is not harsh, the offenders are capable of manipulating that they are in a fast progress of recovering to serve for their interests . Other than that, this theory is not really effective for some criminals and they will tend to repeat their past conducts. They will never learn from their mistake as the punishment based on this theory is not harsh at all. However, this theory is more suitable in dealing with child offenders as it is still not too late to shape back their immature thinking. Different from child offenders, the adult offenders should be punished in harsher way which the theory of deterrence and incapacitation apply.
The RNR model was established in 1990 in an article written and published by Andrews, Bonta and Hoge, this article outlined three principles that made up an effective form of offender rehabilitation (Andrews, Bonta, & Wormith, 2011). These theoretical principles stated in the article include: The Risk principle of which states the matching of an offender and their risk to the level of the program (high risk = high intensity); The need principle- this refers to targeting criminogenic needs to reduce the risk of recidivism; The responsivity principle- this states to matching the style of program techniques to the offender and their learning style/ability of which include general responsivity (cognitive social learning) and specific responsivity (Andrews, Bonta, & Wormith, 2011). By following these rules, it shows that programs that follow the RNR model match the intensity of the program with the risk level of the offenders whilst also delivering services
"Too many Americans go to too many prisons for far too long, and for no good law-enforcement reason … Although incarceration has a role to play in our justice system, widespread incarceration at the federal, state and local levels is both ineffective and unsustainable. . . We need to ensure that incarceration is used to punish, deter and rehabilitate – not merely to convict, warehouse and forget"(Holder). Former Attorney General Eric Holder does not dispute that prisons play an important role in the justice system. He believes that along with punishing the inmate’s prisons should provide them with rehabilitation. With the already overpopulated prison system across the US there should be alternative for lesser nonviolent offences.
Incapacitation is a form of punishment that removes an offender from society. This model protects the public by getting the criminals off the street. Deterrence is implemented by punishing a person and using them as an example to deter others from criminal activity or through punishment that deters the individual from committing further acts. Rehabilitation is a prevention model that avoids future criminal activity of an offender by providing treatment and teaching them how to correct their path. Utilitarianism is consistent with preventative models of punishment and suggests that offenders act rationally and punishment that lowers crime will benefit society and outweighs individual harm.
A growing number of probation officers, judges, prosecutors as well as other juvenile professionals are advocating for a juvenile justice system which is greatly based on restorative justice. These groups of people have been frustrated by the policy uncertainty between retribution and treatment as well as unrealistic and unclear public expectations. As a primary mission, the balanced approach or policy allows juvenile justice systems together with its agencies to improve in their capacity of protecting the community and ensuring accountability of the system and the offenders . It enables the youths to become productive and competent citizens. This guiding philosophical framework for this policy is restorative justice as it promotes the maximum involvement of the community, victim, and the offender in the justice process. Restorative justice also presents a viable alternative to sanctions as well as interventions that are based on traditional or retributive treatment assumptions. In the policy proposal for restorative justice, the balanced approach mission assists juvenile justice system in becoming more responsive to the needs of the community, victims, and the offenders . Therefore, this paper considers how restorative justice reduces referrals of juveniles to criminal and juvenile justice systems and gives a proposal on the implementation of restorative justice in the community together with a number of recommendations. For instance, preliminary research reveals that application of restorative justice in schools significantly reduces school expulsions, suspensions, and referrals to the criminal justice systems. Restorative justice programs are an alternative for zero-tolerance policies for juveniles or youths .
The purpose of the criminal law is to balance of rights for individuals in society to achieve justice. The criminal law is continually reforming in an attempt to achieve justice for young offenders, as it is an issue of the criminal law. This essay will examine the effectiveness of the criminal justice system in relation to young offenders therefore looking at various aspects of the juvenile justice system. The criminal justice system does provide some effective and relevant concessions for young offenders. However, due to its focus on incarceration and punishment rather than on preventative measures, the criminal justice system is effective to an extent
The problem of dealing with juvenile justice has plagued are country for years, since the establishment of the first juvenile court in 1899. Prior to that development, delinquent juveniles had to be processed through the adult justic3e system which gave much harsher penalties. By 1945, separate juvenile courts existed in every single state. Similar to the adult system, all through most of the 20th century, the juvenile justice system was based upon a medical/rehabilitative representation. The new challenges of the juvenile court were to examine, analyze, and recommend treatment for offenders, not to deliver judgment fault or fix responsibility. The court ran under the policy of “parens patriae” that intended that the state would step in and act as a parent on behalf of a disobedient juvenile. Actions were informal and a juvenile court judge had a vast sum of discretion in the nature of juvenile cases, much like the discretion afforded judges in adult unlawful settings until the 1970s. In line with the early juvenile court’s attitude of shielding youth, juvenile offenders’ position was often in reformatories or instruction schools that were intended, in speculation, to keep them away from the terrible influences of society and to encourage self-control through accurate structure and very unsympathetic discipline. Opposing to the fundamental theory, all through the first part of the century, the places that housed juveniles were frequently unsafe and unhealthy places where the state warehoused delinquent, deserted, and deserted children for unclear periods. Ordinary tribulations included lack of medical care, therapy programs, and even sometimes food. Some very poor circumstances continue even today.
In a modern Western society where there is significant amount of research done of rehabilitation and criminal justice reform, the practice of sentencing JLWOP (Juvenile Life Without Parole) seems outdated and primitive. There are a number of prominent human rights groups that advocate for the banning of the LWOP sentence for juvenile offenders. In his 2010 article for the Journal of Offender Rehabilitation titled ‘Extinguishing All Hope: Life-Without-Parole for Juveniles,’ Frank Butler breaks down the ethical arguments against the sentence from a social policy perspective. He uses a number of pertinent facts and dates to support and enhance his argument, but retains a clear and concise presentation style, making the document easy to read and comprehend on an analytical level. It is clear from his title that it is not an objective piece, but his opinion is supporte...
Enforcing death penalty in itself deters people from getting suitable opportunity to ensure that rehabilitation is enhanced. It is necessary to note that many individuals who have been charged with capital punishment have been emotionally and psychologically unstable. Enforcing the death penalty therefore denies them room for rehabilitation. There is a need to advance towards rehabilitation as opposed to advocating for execution. If individuals know that upon committing a capital offence they will be sentenced to death, they will hardly consider reform programs. It is also crucial to note that there is no concrete evidence on advantages derived from the death penalty. The truth is that it only aids in perpetuating death and chains of violence. Prisons should serve as centers to rehabilitate violent fellows, and then return them to the community as fully reformed and responsible individuals. It is therefore not justifiable that a death penalty should be enforced to them at all
There are so many types of mental illnesses that affect people every day. When some people think of mental illnesses they think of the ones that would cause people to have physical symptoms as well, but that’s untrue, there are many more that you would never know anyone has if you were to see them on the street. As defined by the 2008 encyclopedia “a mental illness is any disease of the mind or brain that seriously affects a person’s ability or behavior. Symptoms of a mental illness may include extreme moods, such as excessive sadness or anxiety, or a decreased ability to think clearly or remember well.” A mentally ill person has severe symptoms that damage the person’s ability to function in everyday activities and situations. Every nation and every economic level can be affected by a mental illness. In the United States alone about 3% of the population has severe mental illness and to add to that number about 40% of people will experience a type of mental illness at least once in their lives. Some cases of mental illnesses can go away on their own, but some cases are so severe that they require professional treatment. There is so much more available to help people recover from their symptoms than in the past.
As discussed in depth, there are all types of crimes that are committed by young offenders these days and the offenders possess a number of different characteristics. There have been many theoretical crime explanations that have been formed over the years that attempt to explain the reasoning behind the question of why certain individuals, both young and old, are more prone to commit crimes. The discussion of punishment practices are also important because it displays the many approaches that have been taken to ensure that juvenile delinquents are being treated fairly, but punished and rehabilitated all simultaneously. Many methods fall under this kind of approach referred to as the restorative justice approach such as neighborhood conference committees, victim impact panels, sentencing circles, and community impact panels which all attempt to rehabilitate the offender, but also to involve members of society including the victims/survivors of crimes (Siegel, 2009). It is believed and hoped with the continuation of processes, practices, and programs in place such as these that juvenile crime will eventually decrease bringing more order to our society as a whole. Overall, this paper strives to bring awareness to juvenile delinquency by
In conclusion, the development of the juvenile justice system resulted from social development and human needs. By modifying and integrating, the legal authorities have made the legal system more efficient and just for the young people, providing that necessary punishments are executed for the criminal acts while protections are given to the ordinary youth. It is believed that the stability of a society depends on a sound justice system.
This model of corrections had an excellent goal in helping criminals to recover from whatever caused them to commit crimes. The positive side of this program is twofold. First the program would help the ill to recover and secondly it was supposed to stop the criminal from re-offending. Although this program seems to be a great idea there are also downfalls to the idea. The main problem with this program is how you would evaluate the persons illness. For example, if someone was caught stealing or selling drugs, how do you determine that they have some sort of fixable problem or illness? Maybe they were just hungry or wanted money and there is nothing wrong with them that can be treated psychologically. Another example of a problem with this system is how woul...
A common focus of rehabilitation states that “criminality is a disease that can be cured”. The theory states that many offenders who are let into rehabilitation are usually treated with medical or drug treatments. The rehabilitation sentencing theory is mainly only given to children and or first-time offenders and not repeat offenders because they obviously have not learned from their past mistakes and have no hope left. The mentality is to find people who are capable of being cured and are able to get another chance in life. Finally, restorative justice is the theory of rehabilitating the victims and not the offenders. While rehabilitation mainly focuses on the offender, restorative justice focuses on getting the offender and victim together to be able to change and address the damage that was done. The goal is to remove the harm done to the victim by having them work together in the hope of
I thought it was better to define what behavior therapy is, in order to better understand it. Many publications have their own interpretation but the common theme is, behavior therapy is observing a patients behavior from a therapeutic approach. Behavior therapy has a variety of techniques that include reinforces, conditioning techniques, behavioral modification and systematic desensitization. These techniques are used to change the undesirable behavior.
Mental health refers to the state of individuals psychologically, emotionally and socially. Mental health affects a person’s emotions, feelings, thoughts, and sections when exposed to different situations. Furthermore, mental health is responsible for a person’s reaction to stress and other social conditions. Generally, mental health affects how a person relates to others and their ability to understand and interact with them. Therefore, problems that affect a person’s mental health affect the abilities to socialize, their feelings, moods, reaction to situations. The person experiencing mental health problem may portray different behaviors when confronted with different issues. Mental health issues have several