The criminal justice system is made up of three branches that carry out their own specified function for efficiency and intentionality. The corrections branch is tasked with the duty of imposing sentences on individuals convicted of crimes. Criminal sentences serve multiple purposes including punishment, deterrence, rehabilitation, and protection of society. Numerous philosophies make up the reasoning behind these types of punishments. The ideology of punishment ranges depending on the desired outcome, so the criminal justice system implements different philosophies in order to achieve a few of the outcomes they strive for. Ultimately, the corrections branch of the system enables society to rehabilitate and/or punish criminals for the safety …show more content…
These philosophies include retribution, deterrence, rehabilitation, and incapacitation. First, retribution is the belief that criminals should be punished in a way that is proportional to the harm they have caused to society (Miethe, 2). This philosophy is closely aligned with imprisonment and capital punishment, as both involve the deprivation of liberty and life. Supporters of retribution argue that it is necessary to ensure that criminals are held accountable for their actions and that justice is served (Miethe, 5). The second theory is deterrence. Deterrence is the belief that criminal sentences should be designed to discourage others from committing crimes. This perspective is closely aligned with fines and imprisonment, because both are seen as effective ways of discouraging criminal behavior. The idea is that if potential criminals believe that they will be caught and punished, they will be less likely to engage in criminal activity. Third, rehabilitation is the belief that criminal sentences should be designed to help offenders reform and reintegrate into society (Hoskins, 12). This philosophy is closely aligned with probation and community service, as both involve providing offenders with support and resources to help them change their behavior. The idea is that if offenders are given the opportunity to address the causes of their criminal behavior, they will be less …show more content…
This is the belief that criminal sentences should be designed to protect society by removing dangerous offenders from the community. It is closely aligned with imprisonment and, in some cases, capital punishment (Legal Information Institute, 4). The idea is that if dangerous offenders are removed from society, they will be unable to harm others. Supporters of incapacitation argue that it is necessary to protect society from dangerous criminals and that imprisonment is the most effective way to do
The primary goal of the probation system is crime reduction and protection of community, with treatment oriented activities better left to agencies in the community better able to meet the social needs of the offender (Martinson and Wilks, 1977). The American Probation and Parole Association (2001) acknowledged that probation sustains the offenders’ ability to continue working and to protect his family’s ability to continue working and to protect his family’s welfare while avoiding the stigma and possible damaging effects of imprisonment. Similarly, United Nation Institute for Crime Prevention delineated the goal of probation system to enhance rehabilitation and reintegration of offenders into the community in order to strengthen their ability to live peacefully with others in the community setting (UNAFEI,
More specifically, the criminal justice system uses four philosophies during sentencing. The four basic sentencing philosophies within the criminal justice system are rehabilitation, retribution, deterrence, and incarceration. Each punishment listed above will fit roughly into one of these philosophies commonly used. Rehabilitation is the belief that by addressing the causes of crime, society can reduce repeat arrests.
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,
The criminal justice system consists of law enforcement, courts, and corrections. Law enforcement officers are the first responders. Their job consists of many duties, such as patrolling the streets, conducting traffic stops, helping people when they need help, and arresting criminals. The courts are responsible for understanding criminal cases and deciding on how individuals should be dealt with, whether it is participating in community service, probation, or jail time. Corrections are where criminals go to serve time for the crime they committed.
While addressing any underlying issues that may have led to their offending behaviour. It emphasizes prevention and rehabilitation rather than punishment, which may lead to reduced recidivism rates among young offenders (Bauer, 2019). Although, there are still limitations to this system, including concerns about the cost and availability of resources needed to support the rehabilitation centres (James,
If the criminal justice system is effective, it should be able to reduce the rate of recidivism by providing appropriate punishment, rehabilitation, and support to offenders. High rates of recidivism suggest that the criminal justice system is not effectively addressing the underlying causes of criminal behavior or providing adequate support to help offenders reintegrate into society. This can result in a cycle of crime and punishment that is not only costly to society, but can also perpetuate social inequality and lead to further criminal behavior. Reducing recidivism requires a multifaceted approach that includes not only punishment, but also education, job training, mental health and substance abuse treatment, and other forms of support that can help offenders address the underlying causes of their criminal behavior and reintegrate into society. By reducing recidivism, the criminal justice system can help to create safer communities, reduce the burden on the criminal justice system, and promote greater social justice.
The criminal justice system does many things for our society. It provides us with a place to put criminals. It acts as a rehabilitation center for those criminals so that when they come out of jail or prison they can reintegrate into society. The criminal justice system provides us with a forum in which we can solve disputes legally which is the court system. It also acts as a deterrence for potential future offenders by putting someone in jail or prison.
This goal aims to deter potential offenders, punish those who commit crimes, and maintain a sense of order and stability in communities. However, the
The deterrence theory suggests that “the severity of criminal sanctions dissuades other potential offenders from committing crimes out of fear of punishment. ”4 That is applicable to the individuals that are punished and to people in the community. Nevertheless, prison’s effectiveness is often questioned as an effective deterrent to crime. Studies have shown that longer sentences have a small effect on whether offenders commit crimes or not, and the National Academy of Sciences determined that “insufficient evidence exists to justify predicating policy choices on the general assumption that harsher punishments yield measurable deterrent effects.
These types of punishment can evidently lead to vengeance being surrounded by prison systems. At the end of the day, will prison systems be known for solving an issue or just creating time to pass while an issue is not being dealt with. Without rehabilitation programs, becoming incarcerated truly means empty days on repeat. Programs attack the root of the issue within prison systems rather than the end results. This means that criminals will not just keep their issues hidden but they will be alert to them.
Punishment as rehabilitation as a way to decrease crime has no concrete evidence of working because most criminals don’t think of the consequences of their actions until the crime has already been committed. If they’re going to commit a crime, they’re unconcerned with what happens after. Along with incarceration being a punishment, many federal prisons in the United States also use the death penalty. Despite the risk of facing death themselves, many criminals still commit the murders that lead to their death sentence, but for reasons unknown despite all the research done, they murder even more in the states that have the death penalty (Nolen). Researchers are able to make the conclusion that punishment in any way as a course of action to rehabilitate inmates is ineffective and needs to be changed by the
In the criminal justice system, there are three major components. They are the police, the courts, and the corrections. Each one of the components has a role to play in the system. The police are in charge of arresting and investigating crimes. The courts are charged with the responsibility of punishing offenders while the corrections implement the court rulings.
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).
It is important to remember that justice must be applied equitably and fairly, and that no matter how many preventative measures are taken, crime will always exist and justice must be served. By using all available resources to investigate and prosecute criminal activity, providing adequate resources for victims of crime, and recognizing the role that rehabilitation and restorative justice can have in addressing the root causes of crime, the criminal justice system can help to ensure that justice is served and that perpetrators of crime are held accountable for their
In the criminal justice system, the corrections component is also responsible for the rehabilitation of the convicted individual. It is their duty to attempt to make the defendant a productive member of society once again. Based on the individual’s behavior while incarcerated, the court and corrections officials may decide to place them on parole, which ensures that the individual will comply with the rules of society once they are fully released from the system. The criminal justice system is an essential role in the organizational structure of not only the United States but also in countries around the world. If there were no criminal justice system to administer punishment, the world would be unstructured, disorganized, unjustified, cruel, and not to mention a chaotic place for it citizens.