No one exceeds the law so much that they are exempt from punishment for committing a crime. The law and justice systems are here to keep us safe and someone could use their “mental illness” to escape incarceration and put others in danger. It would be unwise to let a gang leader go free from a life sentence in prison, because he was ruled insane, and he could still endanger someone. The Insanity Defense is rarely used in the United States and it would be wise to get rid of it altogether so, it can’t be misused by criminals looking for a way to escape imprisonment. The Insanity Defense should not be able to excuse someone for fair punishment for their
Now, the people who commit the crimes know very well they are deserving of their jail time, however, many of them, unfortunately, are subject to experience some anomalies they did not bargain for-poor or even harsh treatment and ultimately, a change in their person, mentally. In Etheridge Knight’s “Hard Rock Returns to Prison” it is exemplified that some people can go through a metamorphosis from one echelon of being an outsider to another, but nonetheless never losing the title. After being in the slammer for a while Hard Rock was taken away for treatment of his
INTRODUCTION Prisons are established and funded by governments for incarceration of people against their will. The main purpose of the prisons is to punish criminals by taking their freedom away deliberately and eventually to return the society as rehabilitated citizens after the incarceration duration. However, the dynamics of the prison system rarely helps inmates to have a healthy rehabilitation process. All over the world, there are some activities for prisoners to spend their times efficiently. However they are significantly lower than existing needs.
Just like how Thoreau was imprisoned for not paying a fine, King also served time in jail for his nonviolent protests. In a way, King mimicked Thoreau and thus was punished in a similar way. However, the imprisonment was not a setback for both of these individuals. During King’s sentence, he was able reflect on his actions and apply nonviolent approaches as his main weapon against racial inequality. Similarly, Gandhi implemented nonviolent resistances which gained independence for this country.
The prisoners have the right to protect their privacy within the prison cells. Guards are not allowed to enter the prisons cells without following proper protocols to do so. The eighth amendment right is the right of the prisoners living conditions such as Solitary confinement is where a violate prisoner is separated from the general prison population. Physical Abuse is when a guard or other staff uses corporal punishment for a disciplinary act among the prisoners. Deadly force in the prison is not an uncommon punishment among the inmates ( Siegel & Bartollas, 2014).
The act of possessing and using illicit substances does not damage anyone other than the person making the decision to do so. By punishing individuals for performing activities that do not infringe upon the basic rights of others, one would in turn be infringing upon that user’s rights. When an individual is put in prison for performing an action of this nature, it is termed a victimless crime. There are a plethora of victimless crimes in the United States judicial system, ranging from being punished for not wearing a seat belt, all the way to the “extreme” of using illicit substances. The legislative system of the United States was founded with the intent to punish those who perform actions that directly violate the rights of others.
To sit in jail for the rest of your life seems like a harsher punishment. In The Giver release is uncompassionate. The crimes committed should not be punished by
One of the few points she gives to this idea that I can understand is her comparison that someone outside the law "may have more freedom of movement than a lawfully imprisoned criminal", but "their freedom of movement, if they have it all at all, gives them no right to residence which even the jailed criminal enjoys" (37). The person may be able to physically go wherever they would like while the criminal cannot move, the criminal still has protection from the government, unlike the
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
Although some believe that criminals do not deserve the same rights as civilians, the transition from the real world to life behind bars is taking enough rights away on its own. Prisoners should be protected from cruel and unusual punishment, sexual harassment and sex crimes, and poor living conditions. These crimes behind the walls of prisons make it difficult for inmates to adapt and feel safe. Their safety is being neglected, not only by other prisoners, but by the workers themselves (Hunter). Staff members get away with these crimes so easily; in return, they provide resources to the prisoners that are challenging to get such as cigarettes, extra telephone cards, and helping them pass drug tests.
Almost every person with the guilty but mentally ill verdict is sent to prison. People with this verdict are given mental health services while in prison but are not treated or have no greater right to the mental health services in prison than those who were just found guilty. All people who are in prison have constitutional rights to receive mental health services so people with a mental illness are being treated no differently and the MHA things that they should be. The guilty but mentally ill verdict has no purpose other than to confuse the jury. It can lead the jury to believe that this verdict is a compromise between the not guilty by reason of insanity and guilty, when in reality it is the same as guilty.