There is a worldwide trend in the use of penal imprisonment for serious offenses as capital punishment has been renounced by an increasing number of countries. Harsh punishments include capital punishment, life imprisonment and long-term incarceration. These forms of punishments are usually used against serious crimes that are seen as unethical, such as murder, assault and robbery. Many people believe that harsher punishments are more effective as they deter would-be criminals and ensure justice is served. Opposition towards harsh punishments have argued that harsher punishments does not necessarily increase effectiveness because they do not have a deterrent effect, do not decrease recidivism rates and do not provide rehabilitation. In addition,
The central idea behind Jean Hampton's Moral Education Theory of Punishment (MET) is that it is best to educate criminals on their wrongdoings without handing down any physical punishments or ramifications. Hampton believes that excessive harm is not a moral response to a crime committed by a person. Rather, she argues that the point of basic punishment is to teach the wrongdoer that the action they did or wanted to do is forbidden, on the basis that it is morally wrong according to society. Therefore, according to Hampton, it is much healthier to educate criminals rather than handing down difficult physical punishments, which simply hurts the criminal and can be unproductive. To elaborate, Hampton proposes that any form of punishment is justified
The retribution part is to punish the person for the crime that they permitted against society, and the incapacitation part is to remove that person out of society so they do no further harm. Deterrence means the prevention of future crime, and the rehabilitation teaches life skills and in the betterment. However, author Sandiford says that instead of solving crime, mass incarceration has infected our communities and striking them with devastating symptoms, and prison costs have skyrocketed, inmates ' families have been torn apart, and the system is overwhelmingly stratified by race and class (Sandiford,
Traditionally, crime has been viewed as a violation against the state. Still too little attention is given to the fact that criminal acts are also violations of the victims and the communities. Punishing and correcting offenders’ criminal behaviors should not only be conducted using the concepts of retribution, incapacitation, and deterrence, it should also be designed to repair the damages done to the victims and the communities. Many benefits are associated with shifting to the restorative justice model, for the victim, the offender, and the community. Restorative justice benefits the victims by giving them a voice regarding the accountability of the offender.
What is different about that? So instead, the punishment that is commonly and usually given to the criminals such as murders, rapists,
When the American prison system began, it was believed that rehabilitation, the act of restoring one’s character, could be beneficial for criminals to start over. According to Tom Wicker, “The system…began as a reform impulse, the idea that if offenders were isolated, shielded from the public mockery that had accompanied hangings and the stocks, given time to repent, and worked hard, they could be turned away from crime and transformed into useful citizens” (xii). Criminals could become better citizens and have a positive outlook for a future if they worked hard and were secluded from the outside world. Although this idea seems more humane, it did not last long in the prison system because many people believed that any crime committed deserved
The crime control model emphasizes punishment as the remedy for misbehavior. This model is believed beneficial because offenders are taught not to commit further crimes. The balanced and restorative
Mandatory sentencing began in October 27 1986 Reagan signed a law Anti-Drug Abuse Act of 1986. Frontline writes that the law allocated funds to new prisons, drug education, and treatment. But its main result was to create mandatory minimum sentences. The harsh sentences on crack cocaine use disproportionately affect African-Americans April 22, 2014.
Within the judicial and criminal justice systems, restorative justice is seen as a forward moving process in regards to the way in which the sentencing of offenders is handled (Britto & Reimund, 2013). Restorative justice works to focus on the needs of both the victim and the offender but incorporates the community as well as those who support both the victim and offender (Britto & Reimund, 2013). The approach of restorative justice in not simply a means by which society responds to and reduces crime but instead, provides an equivalently valuable social response to crime (Dancig-Rosenberg and Galt, 2013). Furthermore, the restorative approach places emphasis on the personal and relational harms which were caused by the crime while creating space for dialogue concerning the actual damage, whether directly or
Correctional programs are used to make this adjustment do that once a criminal is released back into society, they will not choose the same means to reduce the outside strain caused by certain factors outside their control. I would argue that restorative justice is a facet of rehabilitation. Restorative Justice focuses on alleviating the harm that crime caused to society, the criminal, and the victim. The analogy given in class to explain restorative justice was also recapped in the book. Imagine Lady Justice, scales tilted on one side.
Today our justice system has a multitude of options when dealing with those who are convicted of offenses. However, many argue that retributive justice is the only real justice there is. This is mainly because its advantage is that it gives criminals the appropriate punishment that they deserve. The goals of this approach are clear and direct. In his book The Little Book of Restorative Justice, Zehr Howard (2002), illustrates that the central focus of retributive justice is offenders getting what they deserve (p. 30).
Offender rehabilitation has mainly revolved around the Risk-Needs-Responsivity (RNR) model which serves as a framework in guiding interventions towards offenders in the past. However, with the emergence of Good Lives Model (GLM) as an alternative model, competing views as to which works better start to arise. In order to discuss which model is better, there is first a need to compare between both approaches towards offender rehabilitation. The principles revolving around RNR model include the risk, needs and responsivity principles.
The theory views the offender as either a patient or a victim or both. According to this theory a person who has committed an offense is not morally responsible for the offense he or she has committed because the offense might be the product of an illness in which treatment is required; this type of person is regarded as a patient. When the offense is the product of a dysfunctional social environment the person is regarded as the victim. The advantage of this approach is that it focuses on the offenders, instead of punishing the offenders this approach focuses on repairing and treating the dysfunctional areas that the offenders are experiencing by means of behavioral therapy and other therapeutic programmes.
Introduction There are several different programs focused on offenders. These programs range from religious, educational, medical and job training related. The main goal in each program is to reduce the chances of them returning back to their old habit that originally placed them in jail or in other words reduce recidivism. Recidivism is a very important element in the criminal justice system, because reducing or increasing the number of re-offenses in the community could be beneficial or make the community flood with criminals and their behavior. Without a focus on recidivism, officers will be arresting the same offenders repeatedly and the individual will not be getting the help they need, which could be the difference of them being a productive member of society or not.
However, crimes are committed whilst in prison, such as drugs and assaults. Some critics say the ‘three strikes and you are out’ law where repeat offenders get a longer sentence are wrong, as the third strike could be a lesser crime such as public disorder. Nevertheless, if just incapacitation and no rehabilitation some critics say will be costlier to society as they will go out and reoffend and, they are not employed and pay taxes. Rehabilitation is also a punishment which should improve the offender's behaviour and stop them committing crimes. Advocates of rehabilitation state prison does not work; however, critics of rehabilitation state prison does work as the criminal cannot commit a crime against the public while incarcerated (Cavadino, 2007 p 36/56).