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I. Why did you choose this topic?
If you were bullied in school as a child, then the "best years" of your life may have felt more like an endless, living nightmare. There is no shortage of social predators trying to boost their self-esteem or status at other people's expense. Now imagine a school of hard knocks where the concentration of bullies is much higher than their victims. That's what life may be like for many a convict serving time in prison.
How impossible is it to not become hardened and detached under the constant threat of victimization? It's hard to imagine that reform is part of that equation when one's very life is at stake. Yet that is one of the impressions that we on the outside have of why criminals are in prisons: so that they will get better. But do they? In effort to make society appear to function properly, we have to close our eyes to many contradictions.
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Ironically, many are found within the justice systems. We have all witnessed lawyers so hungry for money and advancement that they will protect criminals from incarceration at the cost of the next innocent victim. Another area of justice to which our eyes are closed are the prisons where convicted criminals do their reparation.
Some main reasons why criminals are sent to prison are:
The primary objective is to safeguard potential victims by isolating a bully, be it a robber, rapist, or drug dealer, from their next target. This serves as both retribution for their previous offenses and an opportunity for rehabilitation and societal reintegration.
While separating criminals from potential victims is essential for public safety, the use of imprisonment as a means of punishment and vengeance is misguided. Seeking revenge only perpetuates the cycle of violence, potentially transforming the avenger into a bully or even a murderer. It is evident that in our free society, many individuals are resorting to violent actions fueled by the same emotions that contribute to overcrowded prisons. Therefore, the justice system displays hypocrisy.
My greatest concern is whether incarcerating a criminal can truly rehabilitate them. How can being locked in a cage with other criminals possibly lead someone to become a better person? Just imagine being trapped twenty-four hours a day for two to twenty years in a prep school filled only with individuals who have committed acts of violence, theft, murder, or rape due to anger, hatred, or some other psychological imbalance. To make matters worse, the outside world fears and despises you – they might even want to harm you. In order to eventually be released and face a society that fears and hates you solely because you were once an inmate, you must endure the system and serve your time. Are prisons genuinely designed to rehabilitate criminals? How can an environment centered around tension, selfishness, and survival foster empathy and emotional stability? It is nearly impossible with the constant negative reinforcement. In fact, prisons often educate novice criminals to become even more skilled at their illegal activities. This is a detrimental investment for the future of our community. If the Department of Corrections truly aims to correct those in need, a significant transformation is necessary. We must implement methods and programs that not only heal their wounds and troubled minds but also help them comprehend that crime originates from the attitudes we hold towards others.
II. An examination has been conducted on literature's perspective on this matter.
While prisons are commonly perceived as institutions for confinement and punishment, their objective also includes the rehabilitation of inmates. The primary aim of imprisonment is to discourage individuals from committing further offenses by offering transformative experiences while incarcerated. The aspiration is that these encounters will profoundly influence former prisoners and inspire them to refrain from repeating criminal behaviors. Regrettably, extensive research consistently indicates that a significant portion of inmates do not undergo effective rehabilitation during their time in prison, as many end up returning to a life of crime shortly after being released. Critics contend that prisoners frequently acquire new criminal skills from their fellow convicts, establishing connections and becoming even more deeply involved in the realm of criminal activity.
The process of rehabilitation aims to restore something or someone that has been negative or damaged to a positive and useful state. Many prisons now provide psychiatrists to assist inmates with mental disorders and serious issues, in an effort to enhance their rehabilitative services. In addition, inmates are given classroom settings where they can acquire education and legal skills, which have proven helpful in addressing educational deficiencies and facilitating positive changes in their lives. By participating in these programs, prisoners increase their chances of success and becoming law-abiding citizens upon release. However, rehabilitating prisoners is challenging due to their isolation from society and the prevalence of crime in their environment. While some individuals may be pushed further into criminal behavior during incarceration, others learn from the hardships of prison life and are motivated to avoid future imprisonment at all costs.
III. The reason why rehabilitation through punishment is ineffective!
The media attempts to present the "new" prison as a means of rehabilitating prisoners, whether through education or drug rehabilitation. However, for most individuals, this depiction is far from accurate. A significant flaw arises in the prison system's failure to reintegrate prisoners into their communities. While it may be appropriate to isolate violent offenders, those in need of drug rehabilitation require support from their family and community. Furthermore, within prison walls, a person can readily obtain drugs, albeit at a higher price, surpassing what they can find on the streets. Another shortcoming of rehabilitation programs lies in the fact that the prisoner must personally desire to alter their life, a point many have not reached yet. Additionally, several states offer reduced sentences for participating in these programs, leading many prisoners to enroll solely for the purpose of time cuts.
From personal experience, I am aware of family members who have expressed their intention to engage in illegal activities again for financial gain. They claim it is their only means of making a living. This statement puzzled me because nowadays many prisons offer vocational schools or college courses. However, some individuals struggle to find well-paying jobs after being released from prison, regardless of their level of education. This difficulty arises due to the nature of their convictions. One possible solution to this issue could involve redirecting first-time drug offenders or individuals with mental illnesses to rehabilitation centers instead of jails or prisons. Prisons often exacerbate anger and teach people how to become more skilled criminals. I have witnessed individuals entering prison for white collar crimes only to emerge as drug addicts and even more proficient criminals. Clearly, the current state of the prison system is failing and requires urgent restructuring and adjustment.
IV. The social implications of this phenomenon
The criminal justice system has two main expectations from our society: to punish and rehabilitate individuals who commit crime. These objectives are part of the four acknowledged goals of the system, with deterrence and incapacitation also playing a role. In the United States, punishment has always been the primary focus when dealing with offenders. Throughout history, many theorists have debated the effectiveness of punishment versus rehabilitation. Analyzing the impact on victims, offenders, and society as a whole, researchers have studied the effectiveness of both punishment and rehabilitation. The Classical School of Criminology advocates for using punishment to deter future crime, while the Positive School of Criminology promotes rehabilitation as a means of reducing recidivism.
Deterrence
The primary objective of the criminal justice system is deterrence, which can be achieved through special or specific deterrence and general deterrence. Special/specific deterrence aims to discourage offenders from committing crimes again, while general deterrence aims to punish offenders and create fear in society as a whole. The punishment is intended to prevent individuals from participating in criminal activities or repeating their offenses. Traditionally, incapacitation has been the most common form of punishment; however, research shows that 63% of convicted felons continue to commit crimes after being released from prison. Furthermore, most prison inmates have previous arrests and convictions prior to their current offense (Bureau of Justice Statistics, 1989). Consequently, incarceration as a punitive measure provides only temporary relief during the offender's time in prison.
The debate on the effectiveness of life imprisonment and the death penalty in deterring crime has considered various factors within the criminal justice system. These factors include the appeal process in death penalty cases and the time spent on death row, which may contribute to their lack of effectiveness. However, others argue that community supervision and rehabilitation provide more enduring solutions for preventing crime. Through acquiring academic or trade skills, individuals can integrate into society and find employment, thereby reducing the probability of future offenses. Rehabilitation can also involve therapy, such as drug therapy for addicted offenders or psychological counseling for those from abusive backgrounds.
Rehabilitation aims to change the mindset or abilities of offenders, eliminating their desire or necessity to participate in unlawful behavior. Probation offers individuals a chance to integrate into society and become self-sufficient without depending on taxpayer funds or state resources for correctional housing.
Victim Impact
The rights of victims often receive less attention compared to those of the accused. The courts have a responsibility to uphold the defendant's Constitutional rights, which include the right to a speedy trial, legal representation, cross-examination of witnesses, and due process. In the past, victims and their families were often treated as inconveniences during trials and were frequently ignored or excluded from court proceedings. This mistreatment has left many victims feeling neglected and re-victimized by the justice system.
However, on October 30th, 2004, President Bush signed The Crime Victims' Rights Act into law. This act ensures specific rights for victims of federal crimes. These rights include protection from the accused perpetrator and timely notice of any public proceedings related to the crime.
A majority of society values swift punishment over rehabilitation through community supervision. Statistics from the BJS Sourcebook of Criminal Justice support this preference for punishment: more than three-quarters of the public see punishment as the primary purpose of sentencing. According to their findings, over 70% believe that incapacitation is the only effective measure in preventing future crimes. Additionally, more than three-quarters of individuals feel that courts show leniency towards criminals.
Increasing the use of prisons is supported by the public as a means to punish criminals and ensure they receive appropriate punishment. When sentences are not properly enforced, it causes emotional distress to victims and their families and results in financial burdens when restitution is neglected. Community supervision offers benefits for victims in various ways. Intensive probationary supervision allows offenders to work and make restitution payments. In my county, rehabilitation programs like the Victim Impact Panel assist victims and their families within community supervision. This program involves victims engaging in discussions with convicted drunk drivers, enabling them to confront the consequences of their actions directly. These programs aim to deter individuals from committing similar offenses.
Offender Impact
Imprisonment has diverse effects on convicted criminals, including negative impacts on their mental well-being. The separation from loved ones during incarceration often results in significant levels of depression. Advocates for rehabilitation argue that sentencing offenders to jail disrupts the family structure, leading to single parenthood and causing social disorientation, alienation, and an increased likelihood of repeat offenses. After being released from prison, offenders face social isolation, stigma, and various economic and employment challenges. However, community supervision as a form of rehabilitation addresses many of these concerns, including the economic and employment aspect. Probation enables offenders to remain with their families while either continuing their current work or finding employment under close supervision.
Drug Courts
For certain crimes, particularly non-violent drug-related offenses, rehabilitation is more beneficial than punishment. Offenders who commit crimes to support their drug addiction require treatment instead of punishment. In states like New York, Drug courts have been established. These courts involve the collaboration of multiple entities including the judiciary, prosecution, defense bar, probation, law enforcement, mental health services, social services, and treatment communities. The objective is to actively intervene and break the cycle of substance abuse, addiction, and criminal activity. Drug courts quickly identify offenders with substance abuse issues and subject them to strict court monitoring and community supervision along with effective long-term treatment services.
The National Drug Court Institute has outlined a process for participants in drug courts which includes intensive substance abuse and mental health treatment as well as case management,d rug testing,and probation supervision while attending regular status hearings before a judge.Additionally,d rug courts may offer job skill training,family/group counseling,and other life-skill enhancement services.Consistent data shows that completing treatment is both effective and more cost-effective.
Social Impact on Society
The social consequences of punishment and rehabilitation differ, encompassing the rising expenses of correctional facilities, the disruption of families, and the apprehension surrounding the release of offenders into society. Society's perspective significantly influences the criminal justice system, as evidenced by the prevalence of the "just desserts" theory in courts. The public's demand for stricter sentencing has even influenced political campaigns. Various mandatory sentencing measures were implemented with the goal of "getting tough on crime." Furthermore, the augmentation of correctional facilities is intertwined with society's influence on the choice between punishment and rehabilitation. This also has fiscal implications.
The fiscal impact of punishment on our country is significant. It has been reported that it costs an average of $30,000 per year to house, feed, clothe, and supervise a prisoner. This cost does not include construction and other factors. Rehabilitation programs have been introduced to deter crime and reduce the rising cost of punishment. Privatization of corrections has also been considered to lower expenses. Some states have implemented alternatives to incarceration like "boot camps" or "shock camps," which are proven to be less expensive than imprisonment. In New York State, shock incarceration is estimated to be $10,000 less per year per prisoner compared to traditional incarceration costs (Punishment vs. rehabilitation: A Proposal for revising Sentencing Practices, September 1991). Intensive parole programs have been estimated to save taxpayers around ten to thirteen thousand dollars per year in comparison to the expense of incarceration.
Explanation of Punishment and Rehabilitation
Both punishment and rehabilitation play a significant role in the criminal justice system and can effectively control crime if they are integrated together. By combining punishment with rehabilitation through community supervision, it can act as a deterrent against crime. It is important for the punishment and community supervision to be tailored based on the specific crime committed. When the appropriate sentence is given to an offender, it can discourage them from engaging in future criminal behavior. The debate between punishment and rehabilitation in the criminal justice system.
Works Cited
Cadigan, Brian. "Correcting Our Flawed Criminal Justice System, One Private Prison at a Time." The Bottom Line UCSB. N.p., 11 May 2011. Web. 09 May 2013.
This text discusses two articles, one written by Sunil Dutta titled "How to Fix America's Broken Criminal Justice System" and another written by Shankar Vedantam titled "When Crime Pays: Prison Can Teach Some To Be Better Criminals". Both articles were published on different dates but consulted on the same day. The first article was published in The Christian Science Monitor on December 30, 2010, and the second article was published on NPR's website on February 1, 2013.
The Hypocrisy of Prisons: Can Incarceration Truly Rehabilitate Criminals?. (2016, Mar 02). Retrieved from https://studymoose.com/punishment-vs-rehabilitation-within-the-criminal-justice-system-essay
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