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effective rehabilitation programs in prison
restorative justice final paper
restorative justice final paper
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1. Retribution is the first reason for sentencing; this is useful and needed because people need to pay for the crimes they have committed. When they do wrong unto others they need to give something back that is going to try to make up for those crimes. They use retribution to try to give back for what they have done. The second one is deterrence. Deterrence is used to show other criminals that if they commit a crime they are going to be punished as well. They whole point of this is to make it so people don’t want to commit crimes because they see what will happen to them if they do commit them. The third is incapacitation, if the person is in jail they cannot do anymore harm so that they cannot commit any more crimes against anyone else. The last is rehabilitation, this is useful and needed because some people just …show more content…
Indeterminate sentencing is when a person is given an amount of time that they might spend in jail such as for assault it is said to be three to nine years. This was used so that the judge could decide when to let them out based off parole in jail, the main focus of this sentencing was rehabilitation. Determinate sentencing is a fixed sentence, they are given a time and they must complete that time before they are able to get out of jail. An example is if a person robs a bank and the decided time to serve is ten years, the person must serve ten years. This is to make people see what they have done and try to make it so others won’t do the same. The last one is good time sentencing, is when the time of the sentence can change based off of behavior that the subject has while in prison. If the criminal is good they are able to lessen their sentence but if they are bad they are going to add more time to the charge. But this leads into the truth in sentencing which forces those who have committed murder or serious crime to a mandatory service of at least 85% of their charged time. They must complete this time even if they are on great behavior in
Mandatory sentencing refers to the practice of parliament setting a fixed penalty for the commission of a criminal offence. Mandatory sentencing was mainly introduced in Australia to: prevent crime, to incapacitate the offenders, to deter offenders so they don’t offend again, to create a stronger retribution and to eliminate inconsistency. There is a firm belief that the imposition of Mandatory sentencing for an offence will have a deterrent effect on the individual and will send a forcible message to the offenders. Those in favour argue that it will bring consistency in sentencing and conciliate public concern about crime and punishment.
The three-strikes law is defined as “judges sentence offenders with three felony convictions (in some states two or four convictions) to long prison terms, sometimes to life without parole (Cole 2014). The purpose of the three strikes law includes is incapacitation and deterrence (Cole 2014). The purpose of a sentencing and the goals of punishment ideally are meant to correspond to each other. The goals of punishment include retribution, deterrence, incapacitation, rehabilitation, and restorative punishment (Cole 2014). Deterrence is broken down into either specific or general deterrence. General deterrence is defined as punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses”. Specific deterrence is defined as “punishment inflicted on criminals to discourage them from committing future crimes”. Lastly, incapacitation is defined as “depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison” (Cole 2014). Two empirical articles research the effectiveness of the three strikes law on crime trends, the impact the law has on population prisons, effect on a prisons budget,
Corrections are a necessary tool to protect society from those who do harm to others or to others property. Depending on the type of crime that was committed, and if the crime is considered a state or federal charge, also depends on where the person sentenced will do his time. There are four main sentencing options available; prison, probation, probation and confinement, and prison and community split. When a person is sentenced to do their time in prison most likely they will go to a state or federal prison. If a person is ordered probation, it prevents them from going to jail but they have stipulations on their probation. This is called intermediate sanctions, which are the various new correctional options used as adjuncts to and part of probation. Some intermediate sanctions include restitution, fines, day fines, community service, intensive supervised probation, house arrest, electronic monitoring, and shock incarceration.
There are three type of sentencing models used by judges for the sentencing phase of trials; indeterminate, determinate, and mandatory. These sentencing models are used to bring justice to those who are convicted of crimes and must now live with the consequences of their actions. Justice is a word that has a different meaning to each individual person. This paper will discuss, in detail, the meaning of justice, the three types of sentencing models, the pros and cons of each model, and the impact each one has had and continues to have on corrections.
Mandatory minimum sentencing is the practice of requiring a predetermined prison sentence for certain crimes. The most notable mandatory minimums are the ones implemented in the 70’s and 80’s, hoping to combat the rising drug problem. Mandatory minimum sentencing has existed in the United States nearly since its very birth, with the first mandatory minimums being put into place around 1790. Recently, as the marijuana laws of many states have scaled back in severity, the issue of mandatory minimums has caused controversy in the US. There are two distinct sides to the argument surrounding mandatory minimum sentencing. One group believes we have a moral obligation to our country requiring us to do no less than lock up anyone with illegal drugs
In the past two decades, major developments in guideline sentencing have taken place due to Judicial Discretion and Sentencing Disparities which led to dramatic changes by the U.S. Supreme Court in Federal guideline sentencing.
These laws limit the discretion of the judge in regards to the length of sentencing. Other changes that greatly affect the prison population are due to the shift to determinate sentencing versus indeterminate sentencing. Determinate sentencing and truth-in-sentencing laws drop the release rate in prisons were indeterminate sentencing allowed inmates to serve minimum sentences, minus jail time and “good time”, with the chance of parole. Many inmates, with the use of indeterminate sentencing, were even released at their first appearance before the parole board (American Corrections,
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.
Indeterminate sentencing involves the judge handing down the sentence, specifying what the maximum and the minimum sentence is. However, the actual length of time served is determined by the parole board. Determinate sentencing involves prisoners being released early for good behavior. In other words, these inmates are given credits for good behavior or for participation in projects, experiments or educational programs (Schmalleger & Smykla, 2011). The credits, in turn, reduce the sentencing.
Mandatory minimum sentence is a law that is one of the most popular. A crime that is committed and the recourse is mandatory minimum sentence the judge is not permitted to give a shorter sentence, even if the facts in the case would in some cases cause for a lesser sentence. “Judges are required to sentence any person convicted of one of these crimes to at least the mandatory term, regardless of the particular circumstances of the crime or the defendant’s criminal history” (Davis, A.J., 2016). But on the flip side, the judge is allowed ot give a longer or harsher sentence if the situation calls for one. An example of mandatory minimum sentencing regarding federal drug laws depends on how much of the substance the person is caught with. Another
There are several types of punishment that can be inflicted upon an offender including, fines, community sanctions and imprisonment (The Judicial Conference of Australia, 2007). Punishment is described as a sanction which inflicts a certain amount of pain and loss on the offender, used for payback and deter (The Judicial Conference of Australia, 2007; Carlsmith, Darley, & Robinson, 2002). There are three ways society justifies punishing offenders, through the
Provide the justifications for punishment in modern society. Punishment functions as a form of social control and is geared towards “imposing some unwanted burden such as fines, probations, imprisonment, or even death” on a convicted person in return for the crimes they committed (Stohr, Walsh, & Hemmens, 2013, p.6). There are four main justifications for punishment and they are: retribution, deterrence, rehabilitation, and incapacitation. There is also said to be a fifth justification of reintegration as well.
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.
According to David Garland, punishment is a legal process where violators of the criminal law are condemned and sanctioned with specified legal categories and procedures (Garland, 1990). There are different forms and types of punishment administered for various reasons and can either be a temporary or lifelong type of punishment. Punishment can be originated as a cause from parents or teachers with misbehaving children, in the workplace or from the judicial system in which crimes are committed against the law. The main aim of punishment is to demonstrate to the public, the victim and the offender that justice is to be done, to reduce criminal activities and to deter people from wanting to commit any form of crime against the law. In other words it is a tool used to eliminate the bad in society or to deter people from committing criminal activities.