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Purpose of punishment in society
Prison Overcrowding
What is the importance of punishment in human society
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Recommended: Purpose of punishment in society
For centuries governments have acted on behalf of society removing and punishing criminals with the goal of protecting its citizens. Criminals were arrested and locked-up in jails awaiting their sentencing. Once sentenced, they were publically humiliated, tortured, or killed. Early forms punishments were cruel and mostly focused on retribution.
State and Federal objectives of punishment
Today punishment is the most dominant correctional goal of both the state and federal government in response to criminality. The purpose of punishment is to protect society, rehabilitate criminal offenders, and reduce recidivism. In both the state and federal correctional institutions, their objectives are to use punishment as form deterrence while incapacitating and, rehabilitating offenders. For punishment to be successful it must be so unpleasant that it will hopefully deter inmates from reverting to such life and also deter others from taking part in such activities. In response to the growing public concern over criminality, politicians have adopted a Tough on Crime approach when dealing with law breakers, and have pushed for new legislation to keep criminal offenders from further harming or terrorizing society. Citizens believe that it is only fair that criminal pay for their actions and get what they deserve. These new legislations have set sentencing requirements for different offences, which can be found in the state’s penal code.
Sentencing’s affects
In the past judges had more discretion when handing down sentences, but most recently they have been encouraged to follow the sentencing guidelines found in their state’s penal codes. Prior to sentencing offenders judges are required to choose from a range of mandatory sentencing ...
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...hese offenders consisted of individuals who had committed petty crimes, and have never had any prior convictions. During their pretrial hearing the judge would sentence them to a community-based program like probation. Although this might not seem enough to reduce the current inmate population, it is without a doubt a step in the right direction in the fight against prison overcrowding. (Seiter, 2011)
Works Cited
Seiter, R. (2011). Corrections: An introduction (3rd ed.). Upper Saddle River, NJ: Pearson/Prentice Hall.
Seabrook, N. (2005, September). Prison Violence on the Rise. USA Today. Retrieved from http://findarticles.com/p/articles/mi_m1272/is_2724_134/ai_n15380394/pg_2/
Bureau of Justice Statistics. (October 2008). Census of State and Federal Correctional facilities, 2005, (p1-2),. Retrieved from http://bjs.ojp.usdoj.gov/content/pub/pdf/csfcf05.pdf
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.
Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means of punishment.
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...
Stephan, J. J. (2005). Census of State and Federal Correctional Facilities, 2005. Washington: The Bureau of Justice Statistics.
...lacks, and men. Furthermore, the competing paradigms influence public policy. Those that maintain acts as voluntary are more inclined to punish the individual or group, however those that are seen to act under determined forces, judge treatment to be more suitable. Even though these theories contrast, they still contain similarities which are shared in the new penology. Aspects are taken from all to create a new perspective on crime that centres on the management of offenders.
Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against mandatory sentencing. I will show the reasons for this topic, as well as give you my personal brief on which I support.
For centuries, prisons have been attempting to reinforce good behavior through various methods of punishment, some more severe than others. There are several types of punishments which include “corporal punishment, public humiliation, penal bondage, and banishment for more severe offenses, as well as capital punishment”(Linklater, V). Punishments in which are more severe pose the question “Has it gone too far?” and is stripping away the rights and humanity of a criminal justified with the response it is for the protection of the people? Is justice really served? Although prison systems are intense and the experience is one of a kind for sure, it does little to help them as statistics show “two-in-five inmates nationwide return to jail within three years of release”(Ascharya, K).
In Western cultures imprisonment is the universal method of punishing criminals (Chapman 571). According to criminologists locking up criminals may not even be an effective form of punishment. First, the prison sentences do not serve as an example to deter future criminals, which is indicated, in the increased rates of criminal behavior over the years. Secondly, prisons may protect the average citizen from crimes but the violence is then diverted to prison workers and other inmates. Finally, inmates are locked together which impedes their rehabilitation and exposes them too more criminal
All the laws, which concern with the administration of justice in cases where an individual has been accused of a crime, always begin with the initial investigation of the crime and end either with imposition of punishment or with the unconditional release of the person. Most of the time it is the duty of the members of constituted authorities to inflict the punishment. Thus it can be said that almost all of the punishments are an act of self-defense and an act of defending the community against different types of offences. According to Professor Hart “the ultimate justification of any punishment is not that it is deterrent but that it is the emphatic denunciation by the community of a crime” (Hart P.65). Whenever the punishments are inflicted having rationale and humane factor in mind and not motivated by our punitive passions and pleasures then it can be justified otherwise it is nothing but a brutal act of terrorism. Prison System: It has often been argued that the criminals and convicted prisoners are being set free while the law-abiding citizens are starving. Some people are strongly opposed the present prison and parole system and said that prisoners are not given any chance for parole. Prisons must provide the following results: Keep dangerous criminals off the street Create a deterrent for creating a crime The deterrent for creating a crime can be justified in the following four types Retribution: according to this type, the goal of prison is to give people, who commit a crime, what they deserved Deterrence: in this type of justification, the goal of punishment is to prevent certain type of conduct Reform: reform type describes that crime is a disease and so the goal of punishment is to heal people Incapacitation: the...
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.
The United States criminal justice system is an ever-changing system that is based on the opinions and ideas of the public. Many of the policies today were established in direct response to polarizing events and generational shifts in ideology. In order to maintain public safety and punish those who break these laws, law enforcement officers arrest offenders and a judge or a group of the law offender’s peers judge their innocence. If found guilty, these individuals are sentenced for a predetermined amount of time in prison and are eventually, evaluated for early release through probation. While on probation, the individual is reintegrated into their community, with restrict limitations that are established for safety. In theory, this system
This essay has identified sanctions imposed on offenders including imprisonment and community corrections. Described how punishment is justified with the just desert and deterrence theory. Discussing the rate of individuals being imprison comparted to community, provided rates for assault which shows crime being maintained and community member feel safe enough to allow for this to
...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.
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.
Offenders are protected today by both the rule of law, ensuring that all offenders are treated equally, regardless of their age, sex or position in the community, and due process, which ensures that all offenders are given a fair trial with the opportunity to defend themselves and be heard (Williams, 2012). Beccaria’s emphasis on punishment being humane and non-violent has also carried through to modern day corrections. It is still the case today that offenders must only receive punishment that is proportionate to the crime they have committed and the punishment is determined by the law. The power of the judges and the magistrates to make decisions on punishment is guided by the legislation and they do not have the power to change the law (Ferrajoli,