(143) Consequently, Alexander wants us to know from this just how much ex-felons are treated as second class citizens, if even citizens, in our own country. Through this course, by discussing Alexander’s argument on life after prison, I have opened my eyes to the reality of the harsh treatment of ex-convicts in this country. I now feel it is important to be aware of and fight for the rights of those released from our corrupt prison system so that they can be given a real second
Defined as a public policy that imposes an outlined amount of prison time based on the crime committed and the defendant’s criminal history, these sentences dictate that a judge must enact a statutory fixed penalty on individuals convicted of certain crimes, regardless of extenuating circumstances. Such laws have removed discretionary sentencing power from judges, instead focusing on severe punishments in line with national drug and crime concerns. While the original goal of mandatory minimum sentences was to deter potential criminals, reduce drug use, control judicial prudence, the policy has had extreme consequences such as sentencing imbalances and
Theories of punishment and legal procedures determine the fate of those that are sentenced in courts. There are multiple core theories of punishment used to impose a criminal sentence, these theories are as follows; Deterrence, Incapacitation, Rehabilitation and retribution. Deterrence questions weather or not fear can discourage certain crimes. General Deterrence often uses swift and severe sentencing, often using certain accused criminals as examples to discourage would-be criminals. Specific Deterrence focuses on dissuading that specific offender from committing any further crimes.
It’s Just Punishment One of the first arguments supporting solitary confinement is the idea of punishment. When prisoners misbehave while serving their sentence, they may be put into solitary confinement so as to be punished for this misbehavior. This activity may include fighting, gang violence, or even drug affiliation. Many believe that this solitary confinement will aid in the reformation of the prisoner’s character, by allowing them time to reflect on their actions, or moreover, it is the best option available when no other form of punishment is successful. “Another justifiable aim of the criminal justice system is rehabilitation or reformation of character…’It was believed that once left alone with their conscience and the Bible, prisoners would engage in inner reflection, see the error of their ways and be reformed into law abiding citizens’ ”(“13 Most”).
First of all, every individual in society is entrusted by the government to obey the law and contribute to the community in a positive manner. However, incarcerated individuals have abused this trust by harming others and the community itself. Therefore, shouldn’t these individuals be further punished if they have committed crimes that made their victims suffer? Since it is believed that “human rights of prisoners are said to be ‘weak’ human rights,” then these law offenders could be punished by depriving them of their freedom with strict rules and even solitary confinement. In solitary confinement, prisoners may be punished by limiting human contact which have made prisoners “mentally even more ill” (Yamashita, “Human Rights of Prisoners”; Casey, “Solitary Confinement in the UK”).
This excerpt from Samuel Johnson’s “Debtors’ Prisons (2)” puts Johnson’s thoughts and ideas on the necessity of jailing those who fail to pay back their debts forth quite plainly. In the second paragraph, Johnson describes a scene to his audience that restates how the general public would typically react to a person being arrested for that very reason. Johnson continues his anecdote with a situation that parallels the goings-on in Britain at that time - the misfortune that is befalling several people unable to pay back their debts.. It is easy to ignore it when it is only one person, but something must be done when it is happening to so many. Johnson uses another anecdote in paragraph 5 that appeals to the emotions of his audience.
Most of the time this results in prison sentencing. But when the only action is to lock people up, it doesn’t require that the individual act in a certain way, or change. Instead, it excuses the offender from answering for what they have done or punishes them in a way that does not consider the individual criminal and his or her crimes on others and such crimes impact on the overall community. Restorative justice is a victim-led process to hold offenders accountable while concurrently fulfilling the needs of all parties involved (Keenan and Joyce, 2013). This essay will critically evaluate the guiding principles of restorative justice, and more specifically look at the benefits of applying this method to sexual violence and domestic violence cases; this will be done by examining common procedures and guidelines, understanding the strengths and weaknesses, and observing specific case
The law has to be constructed in the way which prevent to commit crime not to increase it and encourage people to be righteous in relation to the law. Thus, punishment cannot be too severe as it used to be before the birth of classical criminology because it can cause an unwanted result: the increase of crimes (Bernard, Snipes and Gerould, 2016, 40). It should be as severe as it is necessary to be in particular case and it should be severe enough to deter society from breaking law and delinquent from reoffending. The certainty means that the punishment will be occurred if the law has been broken. The celerity consists on immediately inflicted a penalty (Newburn, 2017).
The Standford Prison Experiment and the Abu Ghraib Prision are both similular in a situational context in which both presented the scenario of having the authority figures being the guards and the subordinate being the prisioners/detainees. In both prision is was seen that it was the “situation” that lead the guards within each prision to use they authority and dispositions to control criminals. Proving to Zimbardo that powerful situational forces could over-ride individual dispositions and choices and can result in good people doing bad things. “The terrible things my guards [at Stanford] did to their prisoners were comparable to the horrors inflicted on the Iraqi detainees. My guards repeatedly stripped their prisoners naked, hooded them, chained them, denied them food or bedding privileges, put them into solitary confinement, and made them clean toilet bowls with their bare hands.” (“Abuse and Authority - The Abu Ghraib Comparison,” 2015).
This theory views punishment as a measure to deter the offender and others from committing crime. In this case, the recommendation is aimed at discouraging others from using lulu powder against other Hartopians. Omnicron is not remorseful about the incident and the recommended plea bargain shows this. Because punishment is intended to deter the offender from re offending, it is material that the offender acknowledges the crime and regrets it commission. A remorseful offender is not likely to reoffend because of the fear of punishment (Greenawalt, 1983).
So how do you punish the criminals and treat the mentally ill? That was the question that many states were wrestling with. States answered this question by building separate prisons and Asylums. Early prisons were commonly holes in the ground like abandoned mines and populated with both criminals and mental ill people(Brinkley, A. 2013 pg 333).