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The Importance Of Recidivism In Prisons
In recent discussion of prison facilities, a common concern amongst state and federal officials is recidivism as well as prison overcrowding. The United
States currently ranks the highest in incarnation rates compared to neighboring countries such as Russia and Canada. There are currently over two
million individuals incarcerated in the penitentiary in the United States; an astonishing five hundred percent increase in incarceration in the past forty
years (The Sentencing Project, 2017). As a result, violence, rape, suicide, and other health concerns have broken out throughout the prisons that has
created further concern for the wellbeing of facility employees and the inmates inside each facility. When it comes to the topic of recidivism, most of us
will readily agree that crucial reforms are needed in the correctional system. Where this agreement usually ends, however, is on the question of effective
punishment. Whereas some are convinced that the "get tough," three–strike programs are effective in corrections, others maintain that a rehabilitate
approach is necessary for the prevention of recidivism by providing ex–convicts with the means necessary to live life away from crime. However,
despite the popular and unpopular opinion; the primary goals of the correctional system are retribution, deterrence, incapacitation, and rehabilitation.
Each goal proposes a foundation for the prevention of crime and the prevention of recidivism for ex–convicts to return to
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Incarceration: Tough On Crime Policies In The United States
The surge in incarceration rates can be related to punitive get tough on crime policies in the fight against the soaring crime rates and rapid changes
among the people in society. For this reason, there are some modifications in policies across all divisions within the nation's state and federal
governments. Drop in crime may be due to the rise in incarceration. However, the degree of decline is unknown, and outcomes of the majority of
scientific studies indicate it is not significant.
Researchers posit that with the minimal crime deterrence effects of lengthy prison sentences and the excessive cost and individual expenses of
imprisonment, state and federal criminal justice politicians should consider changing existing policies to decrease the rate of ... Show more content on
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Consequently, elaboration on apprehension and incarceration (federal and state) related to crime control policies was the cause of a significant rise in
both prison population and costs on crime prevention for three decades that began in the eighties (Schiraldi & Ziedenberg, 2000). The crime control
model that demonstrates corrections policies includes tough–on–crime policies, mandatory sentences, three–strike laws, and truth in sentencing
(Schiraldi & Ziedenberg, 2000).
The theory of incapacitation is that we have the ability to prevent offenders from committing more crimes. When we incarcerate an offender who
commits a crime, they are no longer able to commit any more crimes in the community. Collective incapacitation is one of two basic approaches that
suggest that we take all offenders who commit crimes and incarcerate them. Selective incapacitation suggests that we identify those individuals who
will commit crimes in the future and place them in prison which is less expensive if low–risk criminals are not incarcerated, and prison space is not
wasted on short–term
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Rational Choice, Deterrence, Incapacitation and Just...
Rational Choice, Deterrence, Incapacitation and Just Desert
In seeking to answer the question, "Why do people engage in deviant and/or criminal acts?", many researchers, as well as the general public, have
begun to focus on the element of personal choice. An understanding of personal choice is commonly based in a conception of rationality or rational
choice. These conceptions are rooted in the analysis of human behavior developed by the early classical theorists, Cesare Beccaria and Jeremy
Bentham. The central points of this theory are: (1) The human being is a rational actor, (2) Rationality involves an end/means calculation, (3) People
(freely) choose all behavior, both conforming and deviant, ... Show more content on Helpwriting.net ...
Rational Choice Theory emerged.
"According to this view, law–violating behavior should be viewed as an event that occurs when an offender decides to risk violating the law after
considering his or her own personal situation (need for money, personal values, learning experiences) and situational factors (how well a target is
protected, how affluent the neighborhood is, how efficient the local police happen to be). Before choosing to commit a crime, the reasoning criminal
evaluates the risk of apprehension, the seriousness of the expected punishment, the value of the criminal enterprise, and his or her immediate need for
criminal gain." (Siegel, p.131, 1992)
This perspective shifts attention to the act of engaging in criminal or deviant activity. The issue becomes, what can be done to make the act of crime
or deviance less attractive to the individual? How can crime or deviant behavior be prevented? "...crime prevention or at least crime reduction, may be
achieved through policies that convince criminals to desist from criminal activities, delay their actions, or avoid a particular target." (Siegel, p.133,
1992). Strategies that are relevant to this perspective include the following: target
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Different Solutions And Goals Of A Criminal 's Actions Essay
In the correctional system today, there are different solutions and goals of a criminal's actions. For example, you have rehabilitation, incapacitation,
restitution, restorative justice, and deterrence. Even though they all have a different meaning, they all have something in common which is
punishment of a criminal. Depending on the criminal and their actions determines which solution of punishment they will receive. What is
rehabilitation? In the book, Corrections Today by Larry Siegel and Clemens Nartollas, rehabilitation is defined as, changing an offender's character,
attitudes, or behavior patterns so as to diminish his or her criminal propensities (20). When you see the word 'rehabilitation' you automatically point out
the word 'rehab' and rehab means the process of helping someone become healthy again mentally, physically, and emotionally (Merriam–Webster).
Therefore, if a criminal is rehabilitated it is because the people of higher authority believes that the criminal deserves to go through a program to make
their mind right again and they also deserve another chance. However, not all criminals are granted that option. Another solution of punishment is
incapacitation. Incapacitation is when offenders are isolated because of the protection of society. This basically is meaning they get placed inprison or
some type of correctional facility to prevent them from committing more crimes in the future or also if the criminal is a threat to society. According to
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Incapacitation Theory: Is It Better To Lock-Up?
Incapacitation Theory is described to be the theory of Locking Up The Wicked. The Incapacitation Theory assumes that if we lock up every person
that commits a crime and throw away the key, then it would be a better world with less criminals on the streets. But would it be better to lock up all the
predators out there? Or would it cost America more to keep them locked up? Within the Incapacitation Theory there are two main points which are
Selective Incapacitation and Collective Incapacitation. Selective Incapacitation is when the court system makes an attempt to determine which
criminals are going to continue to commit crimes and to keep them locked up. Collective Incapacitation is used to describe locking up all criminals
who commit certain
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Deterrence, Incapacitation, And Rehabilitation : Explain...
Ashlyn Nelson
CRST 100 / SOCI 270
Dr. Dennis
December 11, 2014
Short Essay Questions
40. Chapter 14 Deterrence, Incapacitation, Retribution, and Rehabilitation: Explain how the severity of punishment, the certainty of punishment, and
the promptness of punishment can potentially deter criminal behavior. Is one more important than the other? Why or why not? Severe punishments,
such as long stints in prison and the death penalty, are designed to pose as threats or warnings to those who consider committing a crime. It also seems
that, theoretically, more severe punishments, such as longer prison sentences, would help deter crime at least by keeping the offender locked away,
thus "deterring" them from committing more crime. Certainty of punishment would serve to deter potential offenders with the threat of a definite,
undesirable penalty, should they be caught and convicted. Certainty and severity of punishment both play on an offender's sense of self–preservation,
in hopes that potential offenders may not commit crimes to protect themselves from undesirable consequences. Promptness of punishment theoretically
serves to deter crime by playing on not only the potential offender's self–interest, but on the idea that public attitudes against the offender will be more
severe soon after the crime is committed. The certainty of punishment appears to possibly be the most effective deterrent to crime. Offenders may not
be daunted much by the threat of severe punishment, as
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The American Justice System
In what ways is the indigenous justice paradigm in conflict with the principles of the traditional, adversarial American criminal justice system? In what
ways do the principles of Native American justice complement more mainstream correctional initiatives?
Within the Criminal Justice system, comes a structure of both practices as well as organizations that main role is to uphold not only social jurisdiction,
but to discourage and diminish criminal activity. The Criminal Justice system also sanctions those who violate the laws of the land with penalties and
reintegration of the criminals into society. In the United States, our policy has been guided by the 1967 President 's Commission on Law Enforcement
and Administration of Justice, which issued a ground–breaking report 'The Challenge of Crime in a Free Society ' (President's Commission on Law
Enforcement and Administration of Justice [Presidents Commission], 1967).
The text (McNamara & Burns) explains that in 2005 per the Uniform Crime Reports for 2005, Asian American crime represented only one (1%)
percent of all arrest, this was even lower number as compared to the Native American arrest which represented slightly over one (1%) percent, which
stood at 1.3% for the year 2005 (McNamara & Burns, 2009, p. 117).
According to Gee in Beyond Black and White: Asian Americans, Mass Incarceration, and the Criminal Justice System, "Asian Americans have enjoyed
a positive image in main– stream America due to the model minority
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Punishment Philosophies In The Criminal Justice System
Philosophies is a definitions of punishment and there are five punishment philosophies that used in the criminal justice system, retribution, deterrence,
rehabilitation and incapacitation that include isolation. These purpose of these goals are to prevent criminal offenses from committing crimes
according to (Meyer, 2003)
The concept of retribution is generated if someone commit a crime that very bad and people are afraid to speak out because of fear of retribution. The
retributive theory is punishing the offender by taking away their advantage that they might have gained from their criminal or illegal actions. Due to
this theory offenders deserve to be punished for the wrongful acts they have committed. (Meyer, 2003)
Deterrence is the theory individuals make rational choices when they choose to commit ... Show more content on Helpwriting.net ...
It is one of the main goals or philosophies of corrections. It would help develop occupational skills and to resolve psychological problems.
Psychologists provide services special programs screening new inmates for mental illness to providing group therapy and crisis counseling. (Benson,
2003)
Incapacitation is usually placed in two approaches collective incapacitation where all people receive the sentence or selective incapacitation where
individualized sentences based on criminal activity of the offender crime. With this theory removing violent offender from society by imprisonment
with any kind of physically restrain from victimizing others. For the most part the best way to prevent crimes is to isolated offender from committing
further crimes against the population or other prisoner.
Sanctions are also a form of punishment philosophy and impact the criminal justice system. Sanction must be defined by coded and law in order for a
judge or sentencing agent to be able to enforce it .this theory can be used as a serious capital punishment , incarceration, or severe
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The Time Of Early Human Civilization
Punishment can be dated back to the time of early human civilization. It took a while for human civilization to begin imposing certain laws and
regulations that would subsequent an act of crime. During the early time period of 2000 B.C. to 1800 A.D. (2010), ancient Babylonian and Sumerian
codes began the model of creating a practice where criminals would be punished for their wrong doings. One of the earliest philosophies of this
ancient time was the term Lex talionis or an eye for an eye. This practice is based on the criminal punishment idea of retribution, which means that a
criminal deserves to be punished based on the crime committed. As time progressed, new ways of thinking emerged and eventually crime had to be the
responsibility of the government because they believed that a crime committed against one citizen was considered to be committed against the whole
society. During the enlightenment, great philosophers such as Cesare Beccaria, Jeremy Bentham, and John Howard changed the perspective on human
life. Prior the enlightenment, people were not rational and they believed that behavior was not a function of their choice. That's why they highly
supported punishment for retribution. However, during post–enlightenment the main purpose of punishment became to deter or stop crime. In hopes of
getting criminals of the street, new ways of punishing evolved but mainly it gave development to incarceration. The number of individuals living in
correctional facilities across
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Incarceration Essay
Incapacitation
The concept of incapacitation indicates that individuals behind bars cannot commit a crime outside the perimeter of incarceration. The prevention
strategy came due to efficacy issues with the rehabilitation model that resulted in increased crime rate and fear among the neighborhoods. These
reasons justify the reason why people face imprisonment (Cullen & Gilbert, 1982). The majority accepts that lengthy incarceration acts as retribution
for serious offenders and possesses the serious threat to the public if released. Is incapacitation a cost–saving crime prevention strategy? The deterrence
and incapacitation should create space for the repeat and most dangerous offenders. The strategies would then lead to imprisonment of ... Show more
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Several studies indicate that unless there is a fairly high risk of apprehension, the threat of tougher penalties does not the wiliness of individuals to
engage in certain offenses (Turner, Petersilia & Deschenes,1992). In the United States, the crime rates fell during the 1990s in the different
geographical and demographic areas. The portion of the results was attributed to the incapacitation effects. The lengthening of the prison sentence in
many states was a result of habitual felon status and changes in the status of sentencing (Cullen Jonson & Nagin, 2011). However, recidivism
remains a serious challenge and the rate remained at 67% according to the Bureau of Justice statistics 2005 (Travis et al 2005). The numerical
heavily relies on various crime and cases. Since 1990, the recidivism rate increased, and the cost of incarceration continues to rise (Nagin, Cullen &
Jonson, 2009). Some states are considering releasing inmates before their sentence come to an end. The release program tries to balance between
reduction in crime and cost of incarceration. The incarceration program and policies do not work. Similar challenges are experienced in universities. In
North Carolina, the court ordered a reduction in student suspension. The results lead to increase in crime
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The Lack Of A Pilot Is Avoiding Medical Incapacitation
Soaring high above the ground in an aircraft is a freeing experience that comes with many dangers and precautions. These hazards are rarely due to
structural or technological failures. Instead the greatest challenge to a pilot is avoiding medical incapacitation, while effectively and efficiently
employing the aircraft. These situations rear their head without warning, and though we're aware of their presence, they still plague our skies. Spatial
disorientation is one of these dangers and "is defined as the failure to perceive or perceiving incorrectly the position, motion, or attitude of the aircraft"
(Cheung, 2013, p. 1211). The deprivation of visual references such as darkness, fog, haze, clouds or terrain can cause spatial disorientation. In order to
perceive the "position, motion, and attitude of the aircraft" we require the input of our sensory system to facilitate the identification and interpretation of
our orientation (Cheung, 2013, p. 1211). This is due to our primitive requirement and capability to orient in an environment. The existence of this
ability did not develop to fly unfortunately, but merely to survive. Yet, the same sensory reactions we depend on for survival in the aircraft, are those
which trigger our fight or flight response.
We are all vulnerable to spatial disorientation, especially in a modern–day setting that encompasses "moving visual scenes and vehicular motion",
which challenge the neutral orientation of the sensory system (Gresty,
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Essay on History of Corrections
History of American Corrections
The corrections system in America began mostly with the arrival of William Penn and his "Great Law." This was back in 1682; the "Great Law"
was based on humane principals and also focused on hard labor as a punishment. The corrections system really began to take hold in North America
in the late 1700's with the idea's and philosophy of Beccaria, Bentham, and Howard. These philosophies were based on the thought that prisoners
could be treated and reformed back into society. This hard labor was used as an alternative to other cruel forms of punishments that were used in
earlier times such as physical abuse or even brutal death. In 1790 came the birth of the Penitentiary in Philadelphia. The ... Show more content on
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"... incapacitation focuses on the characteristics of the offenders instead of the characteristics of the offenses"(Clear, Cole, Reisig). Rehabilitation is
more of a therapeutic method to help the criminal ditch crime and become a constructive member in society. "Rehabilitation involves teaching inmates
silks and trades that will, hopefully, give them a chance to become law–abiding citizens once they are released from prison" (Long). This method is
looked at as more of a treatment than a punishment, to guide the criminal to make better choices and live a better life. Restorative or Community
Justice is a fairly new concept. It is aimed more at repairing damages caused by the crime to the victim(s) and the community involved. In this
method the victim lays out conditions for the offender and what is necessary to help repair any losses. The community provides assistance to help
restore the offender to the community. Some say that this method can be dangerous and bypasses certain safeguards. The goals of corrections are
solid efforts to reduce crime. There are many improvements that could be made. As we learn and test these methods, they need to be fine tuned and
have the bugs worked out. If something isn't working in the appropriate way it needs to be addressed and refocused. I think that many of these goals
will become weak and maybe overlooked with the new AB 109 bill and other reforms currently taking place in California
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No Point Of The Three Strikes Legislation
Reaction Paper #2 Since the origin of criminology, there has been a constant swing back and forth between incapacitation and rehabilitation in regards
to violent recidivating offenders. Some argue our streets will be safer with the criminals off our streets, while others want to teach the chronic
offenders how to function and possibly contribute to our society. According to research, our approach needs to be a glass of rehabilitation with a
splash of incapacitation. The goal of incapacitation is removing dangerous criminals from society and eliminating the chance of recidivating. This
policy is aimed at the life–course offender or the chronic six percent. The predominant incapacitation method is the three strikes legislation. The selling
point of the three–strikes legislation is the idea of removing the most dangerous criminals from society through selective incapacitation. In turn,
removing these life–course offenders from society by long prison sentences will drastically reduce the crime rate. "Supporters of three strikes legislation
argue that such statutes will end the criminal careers of such high–rate offenders" (Beres & Griffith, 1998). Put simply, if you repeatedly commit
serious crimes, you will earn a harsh prison sentence. The baseball metaphor "three strikes and you're out" is used towards serious crimes, especially
felonies. Another aspect of the three–strikes legislation is deterring future offenders along with incapacitating those that cannot be deterred
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Between A Rock And A Hard Place Seems To Be A Very...
Between a Rock and a Hard Place seems to be a very appropriate title for this HBO documentary whose executive producer and star is Dwayne "The
Rock" Johnson. Young men with serious criminal charges and significant prison sentences are provided a second chance by participating in the
Miami–Dade Corrections and Rehabilitation Department's Boot Camp Program in place of serving their entire prison sentence. Dwayne Johnson greets
38 cadets starting the program, lectures them on their opportunity and asserts that he wants the world to see the importance of the program. Lastly, he
tells them bluntly, not to "...f**k this up." For most people it would appear that participating in this 16 week program would be easier compared to the
alternative of ... Show more content on Helpwriting.net ...
The program offers each of these benefits at different phases. The documentary presents each participant in a way that it is difficult not to find some
way to relate and even care for them or their sense of purpose.
Notably, the program appears thorough with its design to offer support systems and provides various means of addressing potential obstacles of a
cadets' success, such as lack of education, lack of support from family, anger management and substance abuse. Even so, a viewer cannot help but
question some of the harsh treatments. For example, in the beginning you are introduced to two young men who struggle with understanding the
English commands that a drill instructor is barking at them. Later within the documentary, these same cadets are taken aside and told they are
expected to work harder to overcome the challenge of not understanding English. Towards the end one cadet ends up breaking down sobbing because
he fails one of his critical tests towards graduation, due to the language barrier. Though there are classes to help the participants learn to prepare for a
GED, there are no tools to help them learn English. It appears to be an unfair hardship for these two Spanish–speaking young men.
Another concern regarding fair treatment, is though there are many who respectfully follow every command and satisfy every
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The Incapacitation and the Deterrent Effects Essay
The Incapacitation and the Deterrent Effects
The incapacitation effect saves lives – that is, that by executing murderers you prevent them from murdering again and do, thereby, save innocent life
(B.1–4, 7, 9, 10 & 15). The evidence of this is conclusive and incontrovertible. Furthermore, the individual deterrent effect also proves that executions
save innocent life (B.7–9 & 11–18). This effect represents those potential murderers who did not murder under specific circumstances because of their
fear of execution. There are many, perhaps thousands, of such documented cases, representing many innocent lives saved by the fear of execution.
Circumstances dictate that the majority of these cases will never be documented and that the ... Show more content on Helpwriting.net ...
The individual deterrent effect is proven. Therefore, even though it may be statistically elusive, the general deterrent effect is proven by individual
deterrence. Individually and collectively, these three effects present a strong morale argument for executions. Executions save lives. Period. Our
choice is to spare the lives of the murderers and to, thereby, sacrifice the lives of the innocent or to execute those murderers and to, thereby, spare the
lives of the innocent. What do you choose? The test for deterrence is not whether executions produce lower murder rates, but that executions produce
fewer murders than if the death penalty did not exist. For example, the fact that the state of Delaware executes more people per capita (1/87,500) than
any other state and has a murder rate 16 times lower than Washington, D.C. (5/100,000 vs 78.5/100,000) is not proof, per se, that the death penalty
deters murder in Delaware or that the lack of the death penalty escalates murders and violent crime in Washington, D.C., which has the highest violent
crime and murder rates in the U.S. Be careful how you explain and understand deterrence.
1) The argument that murderers are the least likely of all criminals to repeat their crimes is not only irrelevant, but also increasingly false. 6% of
young adults paroled in 1978 after having been convicted of murder were arrested for murder again within 6 years of release. ("Recidivism of Young
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Essay On Retribution And Incapacitation Philosophies
Before mentioning which philosophy of punishment I believe provides the juvenile justice system with the best response to juvenile delinquency, I
think it is important to mention that determining the most appropriate philosophy is highly dependent on the specific offender and even the specific
crime. I believe all of the philosophies have positives and negatives, but some have positives far outweighing the negatives and vice versa. Although I
typically disagree with retribution and incapacitation philosophies, I believe that they are sometimes necessary. There are certain offenders that
absolutely must be removed from regular society in order to prevent them from victimizing society. The major issue with implementing such
philosophies of punishment is making an accurate determination of which offenders pose a true threat to society and will not respond to rehabilitation or
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Another benefit of retribution and incapacitation is the inarguable deterrent effect they carry. For many, the main thing that keeps them from
committing crimes is the fear of punishment, namely incarceration. However, research has shown that incapacitation and retribution are wholly
ineffective at changing an offenders behavior and actually often actually have an opposite to desired effect. For example, incapacitation will only stop a
juvenile from offending while they are incapacitated. Typically when the incapacitation ends, an offender returns to their old delinquent behavior,
rather than returning to society as a constructive member. As a result, I believe these philosophies should be utilized only as a last result, for only
serious and chronic offenders who have shown that restoration and rehabilitation will have no effect on
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The Pros And Cons Of Diversion And Probation
In Chapter 4, we are given an in depth break down of Diversion and Probation. Also, we learn the meaning of the two and can understand how they
work, and how they differ. What sets them apart? Based on our text (Schmalleger & Smykia, 2015, p. 90), "diversion is defined as the halting or
suspension, before conviction, of formal criminal proceedings against a person (often) conditioned on some form of counterperformance by the
defendant" and "probation is the conditional release of a convicted offender into the community, under the supervision of a probation officer; it is
conditional because it can be revoked if certain conditions are met."
What is the process of diversion? "When pretrial diversion is used, a written agreement between the U.S. attorney and the chief pretrial services or
probation officer defines aspects of its implementation" (Ulrich, 2002). Once implemented, the offender's compliance is needed to move forward and
there are rules, guidelines and expectations to be met on the offender's behalf. Once critical issue noted is that of critics. We have learned that it helps
with keeping jails less crowded but Is diversion helping or hurting recidivism? According to (Rivera, 2013), "McMurran and Theodosi (2007) found
through a metaanalysis of 16 different ... Show more content on Helpwriting.net ...
I want to see crime decrease and taxpayers not suffer in the end. Understanding what factors lead to an increase in recidivism rates could be the
grounds to develop programs to assist in a decrease. "Harnessing a greater understanding of the factors that affect recidivism could also help with the
formulation and implementation of cost–effective intervention programs during incarceration and the period of probation" (Forkner, 2010).
Decreasing jail overcrowding by abolishing harsh laws and creating cost effective programs to assist in the reduction of recidivism could save
taxpayers a lot of
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Criminal Justice Outline
Dawn Drinovsky
Capstone Project One
Nov. 22, 2011
Trial a. Interrogation and Arraignment– Guidelines and Process of Law b. Trial– Judge and Supreme court roles c. Sentencing – 3 types
Sentencing
a. Determinate– pros and cons b. Indeterminate– pros and cons c. Mandatory– pros and cons d. Specific or general deterrence
Determinate sentencing a. Time– Each punishment is set person to person regardless b. Punishment– does not discriminate c. Community– deter people
from committing it again
Indeterminate Sentencing a. Courts and judges role in helping the offender b. Community outlooks c. Fines and minimums
Mandatory sentencing a. Maximum fines and set prison sentences b. No judge discretion, ... Show more content on Helpwriting.net ...
Being an illegal immigrant would put a hold on somebody who was not a US citizen until he had an immigration bond, where they wait for his case to
finish and then proceed with deportation proceedings. (Roberson and Stucky 2007) For those whose sentence is prison, a parole board determines the
amount of time each inmate serves under correctional supervision.
Indeterminate sentencing is the courts way to try and help those that are worth helping. In states with indeterminate sentencing, parole boards can
release inmates once they have served the minimum part of their sentences. The indeterminate sentence laws further reduce the amount of time
served when a person is in prison and looks positively at life and is on good behavior daily. They have a chance of getting out before the bad guy
next to them who is trouble daily. That guy will more than likely spend full time allowed by the judge behind bars. For instance, one case involved a
male offender over 40 with a prior record consisting of six other arrest, three convictions, and two incarcerations, who was found guilty of nine counts
of extortionate credit transactions, and related to income tax violations leaving this man to face anywhere from 3 years in prison with no fine to 20
years in prison with a $65,000.00 fine. (Rubuck, 2001)
The more people they can get on good behavior the less crowding we will
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Sentencing Of Sentencing And Sentencing Guidelines
Sentencing is a complicated, and sometimes extremely harsh set of rules. It has very deterrence, and retribution based set of rules for the most part.
Which is indicative of the society we as americans live in. Through this paper i will explain each type of sentencing guideline. They are Intermediate,
Determinate, Mandatory, Concurrent, and consecutive. Also we will talk about how in some states mandatory guidelines actually can lower the total
prison population. But how in states that are not resource drive, incapacitation is on the rise. Finally i will convey my thoughts on sentencing. How it is
a flawed and ,mostly broken system.
Sentencing types: The text describes the five main types of sentencing. The first of which is intermediate sentencing. This type of sentencing is
considered to be more in tune with rehabilitation than other sentencing. This is because the sentence a person serves is not simply based on how many
years a person serves. The book gives a great example to help clarify, "the person shall not be imprisoned for less than 2 or 3 years to 10
years"(Stohr 73). What this means is that the person does not necessarily have to serve the maximum of ten years. With good behavior, and by
showing that they have changed they may be released in as little as 2 years. Next there determinate sentencing. This essentially serve as the opposite of
indeterminate. Meaning that the prisoner must serve a fixed number of years before release. In the
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What Are The Five Goals Of Capital Punishment
Capital Punishment
When it comes to capital punishment there are many goals then just one that is pertaining to the issue. Many people may argue that capital punishment
is not the route to move forward to when dealing with a criminal. The people that believe this contemplate that the criminal has already been punished
enough and nothing else needs to be done about the matter. Then there are those people who believe thatcapital punishment is exactly what a criminal
deserves for their heinous behavior. They believe that if one does something wrong they should be punished so others that see this will not attempt the
devious behavior. The five goals that associate themselves to capital punishment in the criminal justice system are incapacitation, deterrence, restitution,
retribution, and rehabilitation. These five goals grasp the importance of what capital punishment truly is in the criminal justice field.
Incapacitation
Incapacitation has a strong bond with capital punishment assuming that it is the best punishment for a person who commits a crime. According to
Leipold (2016) "...one simple explanation for the increasing prison population is that incapacitation works" (p.7). ... Show more content on
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Many think the felon should not be given an easy pass of just death for a crime they committed. Dieter says (2003) "...that no sentence can ever equate
to the loss of your child's life and the horrors of murder" (p.1).While committing the crime they killed someone's family member and the criminal's
death cannot bring them back. Instead of death give the felons time to serve out their life sentences to think about what they have done. When they
have so much time on their hands they can work because they have nothing else to do and they can pay the family for their hardship and pain that they
have endured during this grieve process.
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Lex Talionis And Privatization In Criminal Justice
1. Lex Talionis– The Criminal Justice Today textbook defines the term Lex Talionis as "The law of retaliation, often expressed as 'an eye for an eye'
or 'like for like'" (Schmalleger 414). Under Lex Talionis, the convicted offender was sentenced to suffer a punishment that closely approximated the
original injury. This rule of "an eye for an eye, a tooth of a tooth," generally duplicated the offense. Hence, if a person blinded another, he was blinded
in return. Murderers were executed, sometimes in a way tailored to approximate the method they had used in committing the crime. It is ultimately the
principle of retributive justice expressed in the phrase "an eye for an eye," and the basis of this form of law is the principle of proportionate ... Show
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Warehousing – As stated by the textbook, warehousing is "an imprisonment strategy that is based on the desire to prevent recurrent crime and that
has abandoned all hope of rehabilitation" (Schmalleger 426). This policy was implemented in the past for the purpose of protecting society from
serious offenders and also led to a rapid decline of the decarceration initiative. Recidivism rates were widely quoted in support of the drive to
warehouse offenders. One study, for example, showed that nearly 70% of young adults paroled from prison in 22 states during 1978 were arrested for
serious crimes one or more times within six years of release. Warehousing prisoners has been a persistent problem in the United States for over 30
years, with nonviolent offenders, particularly drug offenders who account for a large proportion of both federal and state prison populations, mostly
due to sentencing changes associated with the war on drugs. Warehousing, along with other sentencing changes based on three–strikes legislation and
mandatory minimums have influenced prison overcrowding and minorities, such as black males, are disproportionately represented in prison
populations due to these enactments and strategies. According to the Community Empowerment Collective website, the term warehousing "simply
means storing inmates until their sentence is complete, neither punishing them nor trying to habilitate them. By definition it is incompatible with the
punishment and rehabilitation. It is
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Incapacitation Offenders: A Case Study
Several penological principles guide how Australia responds to crime, with the criminal justice system implying that incapacitation is preferred.
Incapacitation is relied on to prevent offenders from committing further crimes against society. Australia's reliance on incapacitation can be
confirmed in three following ways. Imprisonment has been the preferred method in Australia to incapacitate offenders. According to the Australian
Bureau of Statistics in 2007 on average there were 25, 968 daily prisoners, this daily average increased to 40, 577 in the year of 2017 (Australian
Bureau of Statistics [ABS], 2007, 2017). This increase may be due to the number of offenders held in remand, with 32% of prisoners being on remand
in the year of 2017 (ABS, 2017). These individuals have been charged but not yet convicted of the crime and the courts have refused bail. Sentenced
prisoners ... Show more content on Helpwriting.net ...
With prison being overcrowded the criminal justice system began to incapacitation offenders in the community. Despite this Australia shows signs of
changing tactics with offenders with a shift towards rehabilitation. This move towards rehabilitating offenders is seen with the emerges of support
services for witness, victims and offender. Finding the cause of crime is becoming more important with the integration of problem solving courts for
example, drug courts and domestic or family violence courts (Jefferies, 2002). Rehabilitating of offenders will help to decease the rate of re–offending
for a longer compared to incapacitation that prevents further crime from the same offenders only for a set period. This creates a safer community while
providing offenders with improved basic living conditions than individuals receive while incarcerated. Despite this shift towards rehabilitating
offenders, the punishment of prison should still be used for offenders but only for the most serious of
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Punishment Is The Punishment An Individual
Retribution can be described with these two words: Deserved Punishment. Retribution is the punishment an individual receives contingent upon the
severity of their wrong doings. They must "pay their debts". The authors of the text "Criminal Justice in America" mentions that if the government fails
to sentence the individual to an appropriate amount of punishment, society will take the situation into their own hands (Cole, Smith and DeJong 277).
If a murderer receives 5 years in prison, the family of the victim(s) would feel like justice wasn't served and would probably resort to their own type of
retribution (Cole, Smith and DeJong 277). Punishment is the ethical response to harm inflicted on the society. What this means is, if society... Show
more content on Helpwriting.net ...
As rational individuals, we weigh the consequences of our actions versus the benefits of our actions. The more severe the punishment of the potential
crime, the higher chance that individuals will be deterred. If a petty thief receives an 8 year minimum sentence along with a high fine, the severity of
this punishment will deter others from committing the same crime. Also, the severity of the punishment of the first time offense must be severe
enough to deter the same individual from committing another crime. The downside of the deterrence theory is that it assumes that everyone thinks
before they act (Cole, Smith and DeJong 278). Individuals who are mentally unstable or have psychological problems aren't accounted for.
Another major goal of punishment is incapacitation. Incapacitation deprives an offender from the ability to commit crimes by detaining them in prison.
Both deterrence and incapacitation focuses on the potential of a crime occurring in the future. But with incapacitation, the offender is kept in prison
and won't be given another chance in society until they have proven that they will no longer commit crimes (Cole, Smith and DeJong 278). Being
punished by incapacitation is dependent upon the nature of the crimes committed in the past and how extensive the offender's criminal record is (Cole,
Smith and DeJong 278). There are some difficulties with this form of punishment because there is
... Get more on HelpWriting.net ...
Retribution Deterrence, Incapacitation, And Rehabilitation
Retribution, deterrence, incapacitation, and rehabilitation are all tactics used by the criminal justice system and its officials, to prevent individuals
from committing crimes and combat the behavior of individuals who have committed crimes. Retribution involves an effort to ensure that an offender's
punishment is equivalent not only with the crime but also with his or her moral blameworthiness and previous criminal record (Masters). From a
Christian point of view, I believe that this is a moral form of punishment. This form of sentencing is fair, because it takes in consideration the
person's previous criminal record. If a person makes a wrong choice and he or she is apprehended by a police officer, I don't believe they should be
punished ... Show more content on Helpwriting.net ...
People who have committed violent crime or who plan on committing them, need to know that the ramifications for their actions will be raucous. I
would use a rehabilitation approach for drug crimes, depending on if an individual was using or selling the drugs. If the person was using them, I
would ensure that programs were in place to help move them away from using drugs. Drug manufactures should receive determinate sentences. When a
person sale drugs, he or she ruins the lives of others and tear families apart. Determinate sentences should be a applied to property crimes. An
individuals that enters someone's home, has bad intentions and could harm the lives of others. Therefore, defendants should know that they will
receive harsh sentenced for their actions. Countries have different criminal justice policies and practices for reasons of political culture and history, not
because of crime levels, crime trends, or global social and economic forces (Tonry). Criminal justice administrators should consider what the sole goal
of the criminal justice system is today, if any form of sentencing is going to be
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The Four Goals Of Punishment
The four goals of punishment in the American criminal justice system are retribution, deterrence, incapacitation, and rehabilitation. The purpose of the
four goals of punishment is to ensure that the sentence the criminal is receiving is reasonable and just. It is difficult to satisfy all of the components
to the highest degree for all criminals. All of the goals serve a different purpose and are significant in their own way, but when combined together they
create a very complex sentencing policy for criminals. The first goal of punishment is retribution. Retribution, also known as deserved punishment, it is
when one is punished for committing a crime that harmed other people in some manner (277; ch.9). The purpose of this goal is for the criminal to
understand that if you commit a crime, consequences will come with that. Depending on the crime that is committed will decide how serious the
punishment is. A lot of factors are considered with retribution during the sentencing process. Factors such as the age of the defendant, their previous
offense history, not only that but the victims of the crime. The judge might give the defendant asentence that will not only punish him for the crime but
also make the family feel that the proper sentence was given to the criminal. The next goal of punishment is deterrence. The purpose of deterrence is to
convince criminals and society to not commit future crimes (277; ch.9). Deterrence has two separate subcategories which are
... Get more on HelpWriting.net ...
Definition Of Disability, Perception, Service, Delivery,...
Abstract This paper will be reflecting a particular philosophy in relation to the following definition of disability, perception of disability, terminology,
service delivery and purpose of service delivery. It will also discuss Social Minority Model. What exactly is Social Minority Model? It can be described
as the social model of disability optically discerns the issue of "disability" as a convivially engendered quandary and a matter of the full integration of
individuals into society. In this model, incapacitation is not an attribute of an individual, but rather an intricate accumulation of conditions, many of
which are engendered by the gregarious environment. Hence, the management of the quandary requires gregarious action and is the collective
responsibility of society at immensely colossal to make the environmental modifications compulsory for the full participation of people with disabilities
in all areas of gregarious life. The issue is both cultural and ideological, requiring individual, community, and sizably voluminous–scale gregarious
change. From this perspective, equal access for someone with an impairment/incapacitation is a human rights issue of major concern. The Social Model
of Disability
A physical or mental condition that limits a person 's movements, senses, or activities; a disadvantage or handicap, especially one imposed or
recognized by the law, is the definition of disability. The definition of incapacitation is highly contentious for several
... Get more on HelpWriting.net ...
Disparity Between Imprisonment Rate And Crime Rate
The Disparity Between Imprisonment Rate and Crime Rate in Australia
By Christopher Batho During the period of 2002 to 2014, the imprisonment rate in Australia increased while at the same time the crime rate decreased.
This essay will aim to give reasons and theories as to why this apparent disparity between the rising imprisonment rate and decreasing crime rate exists.
To do this, the purposes for punishment will be examined, how and why this purpose of punishment has changed over time, the sociological and
criminological theories that best explain this disparity, and finally the implications on society through these criminal justice trends. However firstly we
will examine the statistics that prove this disparity. Between 2002 and ... Show more content on Helpwriting.net ...
Property crime includes unlawful entry with intent (UEWI), motor vehicle theft (MVT) and other theft. The total number of offences for property
crime has decreased from 1,188,582 in 2002 to 773348 in 2012. From both sets of data, it can be calculated that in the period of 2002 to 2012, the
imprisonment rate increased 13.5 percent yet the violent crime and property crime rates decreased 26 percent and 35 percent respectively. The
question is, how is this possible? This will be answered later but now the purposes for punishment will now be studied. When a person is guilty of a
crime, it is society's job to punish this person for their act. Once the person has been found guilty, they are then sentenced by a judge with a certain
purpose or purposes for the punishment. The main four purposes used are retribution, deterrence, rehabilitation and incapacitation. Retribution is
defined by Mani as the offender 'must be punished simply because the wrongful act merits condemnation and punishment.' (Reference). Deterrence is
'based on the idea that criminal behaviour can be deterred if punishment is swift, certain, and severe enough to counter the benefits or pleasure gained
from committing crime.' (Reference). Rehabilitation of an offender may be achieved through education or therapy. However, it must be understood that
in order for rehabilitation to be
... Get more on HelpWriting.net ...
Retribution, Incapacitation, Deterrence And Rehabilitation
The four goals of punishment are retribution, incapacitation, deterrence and rehabilitation. Retribution is a punishment that when a person gets a
punishment for something that they have done and to get back at them. An example for a retribution would when someone gets a death penalty for
commenting a murder. Incapacitation is when a person is trying to prevent a person who already had a sentenced felony from committing any other
future offenses. For example, say a person has robbed a bank multiple times and he is trying to commit it again but the authorities are preventing him
doing that because they don't want him to be sentenced a longer than what he is already sentenced for. Deterrence is a punishment for any criminal
activity that is involved
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Goals Of Criminal Retribution And Deterrence
One of the goals of criminal sanctions is retribution. Retribution is basically punishing violators who have committed a crime and the severity of the
punishment should be that which matches the severity of the crime. Retribution is a goal because government need to give out this punishment so that
society does not feel the need to punish the violators of crimes by taking the law into their own hands.
The second goal of criminal sanctions is deterrence. Retribution and deterrence go hand in hand somewhat because the public sees an offender get
punished through retribution which is a deterrence for the public to commit a crime. A person would think that "I do not want to be punished like that
criminal did" so he/she would not commit the ... Show more content on Helpwriting.net ...
Incapacitation is a form of retribution and deterrence because society feels that a person can go to prison and be executed for his/her crimes, and this
keeps the offender from committing any further crimes in the future. Along with incapacitation is selective incapacitation for repeat offenders that
continue to commit crimes after serving their original sentence in prison. This are called "career criminals" and are given longer sentences.
The fourth goal of criminal sanctions is rehabilitation. Rehabilitation can be classified in several areas, whether a person gets help for drug/alcohol
addiction, or gets training while incapacitated for a new skill set to help that person get a job when they eventually gets out. Rehabilitation can also go
along with incapacitation and deterrence. The main goal of rehabilitation is to put the offender on a new path and away from the criminal path.
The fourth goal of criminal sanctions is restorative justice. Restorative justice not only punishes the offender but finds ways to restore trust in the
community and repair any harm that was done to the victims of the crime. Many people in society think only about punishing the offender but
forgetting that the victim of the crimes need help also, whether through restitution from property crimes and help through personal harm done to the
victim. Restorative justice takes all of this into
... Get more on HelpWriting.net ...
The Debate Over Rehabilitation And Retribution
The criminal justice system comprises of many distinct stages, including arrest, prosecution, trial, sentencing, and punishment. There are four
punishments: Deterrence, Incapacitation, Rehabilitation, and Retribution. It is in the last two of these many stages that the debate over rehabilitation
and retribution is of some significance. The purpose of the Criminal Justice System is to produce justice for all, by sentencing and punishing the
accountable and helping them to stop whatever crime they have committed, all while protecting the innocent.
Deterrence is an idea that criminal laws are passed with clear sentences to persuade individual criminal suspects from turning out to be repeat
offenders and to oppose others in society from doing similar criminal activity. It is one of the primary objects of the Criminal Law. Deterrence primary
goal is to discourage members of society from committing criminal acts out of fear of punishment.
Incapacitation is the effect of jail time to prevent the criminal person from committing future crimes. Incapacitation is different from deterrence where
someone is punished to make him or her understand the specific consequences of his or her crime. Incapacitation intends to avoid future crimes by
taking away the person's capability to commit crimes by locking them up. Criminals are put in jail to not only protect others in the community from the
person, but also to protect the criminal from the community.
Rehabilitation is the
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Advantages Of Incaparceration
Backer (1968) believed that submission to law is not taken for granted but public and private resources should spend to thwart crimes and to capture
delinquents. Also the punishment to those who convicted is necessary to curb the crimes. How many resources and how much punishment should be
used to enforce different kinds of legislation? Becker was of the view that the state should aggressively take part to curb the violations against person
and property, to restrict discrimination against certain minorities, collusive business arrangements and thousands of other activities. The method
purposed by him, formulates a measure of the social loss from offenses and finds those expenditures of resources and punishments that minimize this
loss. He used economic analysis to develop optimal public and private policies to combat illegal behavior.
The Basic Model
Theory of criminal behavior based on the assumption of rational choice was proposed by Benthan ... Show more content on Helpwriting.net ...
The reduction is crime due to incarceration is known as the incapacitation effect. Its mean that by increasing the number of inmate population, the
crime rate would drop. But in the reality, the crime rate remained high. This indicates that something is missing from the standard incapacitation
analysis.
Some researchers like Greenwood and Abrahamse (1982) are of the view that selective incapacitation strategy is more efficient way to cap the crime
rate. They used self reported data from prison and jail inmates to demonstrate that there is wide variation in individual offense rates and that the factors
associated with higher rates of recidivism are also associated with higher rates of offending. The study found that selective incapacitation strategies may
lead to significant reduction in crime without increasing the total number of offenders
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Criminal Justice Policies To Reduce Crime
There have many different criminal justice policies and practices that have been implemented in the attempt to reduce crime, but unfortunately not all
of them have been proven to do so. Three of these policies and practices include putting more cops on the street, incapacitation, and mandatory
minimums (Walker). All of these examples have been proven not to effectively reducecrime, but for some reason all of these practices may continue to
occur. Two studies were conducted, one in Kansas City and the other in Newark, on whether or not morepolice presence was able to reduce crime
(Walker). The Kansas City study found that even when more police officers are placed in different beats, there was not effect on the amount of crime
that occurred there (Walker). The Newark study found that no matter the level of foot patrol there was no reduction of crime (Walker). Although the
Newark study found that more foot patrol did not reduce crime, it did however show why this practice may continue to happen in other cities. It found
that more police presence reduced citizen fear of (Walker). The theory of deterrence assumes that visible police patrol ... Show more content on
Helpwriting.net ...
Mandatory sentencing is when there is a minimum sentence on certain crimes that an individual has to serve if convicted of that crime (Walker). This
policy is a commonly used tough on crime tactic that many believe will reduce crime but does not. The idea is that mandatory sentencing will help to
deter individuals from committing certain crimes, knowing that they will have to serve at least a certain amount of time in jail or prison. Mandatory
sentencing turns out to be very costly, gives out very harsh sentences, and does not reduce crime (Walker) but it makes it seem like the system is
doing its job by getting tough on crime. This is what the public and policy makers see, which is why mandatory sentencing will likely continue to
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The Purposes of Punishment
The purposes of punishment.
What are the purposes of punishment? Which do you consider to be the most important and why?
Student: ***********
Student number: *******
Tutor name: *************
Hand–in date: 21st of November 2011
To begin with, it is necessary to say that punishment is an integral part of modern countries' legal systems, because countries have a duty to protect
society from wrongdoers and authorities could reach success in it by punishing offenders. Oxford English Dictionary defines punishment as the
infliction or imposition of a penalty as retribution for an offence. There are four main purposes of punishment – incapacitation, deterrence, retribution
and rehabilitation – and the aim of this paper is to ... Show more content on Helpwriting.net ...
Deterrence is a further purpose that needs to be highlighted. The aim of punishment is also to warn people from crime committing under the fear of
being punished and it might be reached through the well–developed criminal justice system, one of the main aim of which is to ensure that every
wrongdoer will be punished for the criminal acts. There are two kinds of deterrence. They are general and specific deterrence. Ferris defines specific
deterrence as deterrence which attempts to persuade the individual before the court not to commit further offences, while general deterrence is
defined as the process of persuading others who might be inclined to offend not to do so. Deterrence has its own pros and cons as well. One of the
main deterrence benefits is that it may reduce crime rate significantly and sharply. For instance, there is a three strikes policy in most states of USA,
which means that if an individual has already been in jail two times and if this person commits a third crime, she would be automatically sentenced for
25 years regardless of crime seriousness. On the other hand, the main drawback is that criminals usually think that they will not be caught, so they
continue committing crimes.
Retribution, as the next aim of punishment, is associated with the idea that the wrongdoers have to be penalized and punished for violation against the
civilians. Retribution could be viewed from two aspects: revenge and restoration. According to Oxford English
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• Explain The Federal Court Structure
a.Explain the federal court structure using your book and the web site listed above. There are three different tiers within the federal court system.
There are only one Supreme Court. It is the highest court in the United States. The lower courts below the Supreme Court can actually have cases roll
over to the Supreme Court. Then you have U.S. Courts of Appeals. There are thirteen Appellate courts. The appellate courts deal with making sure the
law was applied correctly in trial court. Appellate court doesn't have a jury all they have is three judges. Then there is District Courts, which there are
ninety–four around the country. They try to resolve disputes between people and try to figure out which one if right and wrong. Trail courts have
... Get more on HelpWriting.net ...
The Integral Role Sentencing Plays in the Criminal Justice...
The Integral Role Sentencing Plays In the Criminal Justice Process
There are four philosophies that are considered when it comes to the sentencing of a criminal. These philosophies are:
Retribution–
Retribution is a philosophy that a wrong doer who has freely chosen to violate society's rules must be punished. Retribution relies on the principal of
"just deserts", this holds that the severity of the punishment hold to the severity of the crime. This philosophy is not the same as revenge because
retribution is more concerned with the rules of society as a whole, rather than the individualism revenge has had on the victim or victims the offender.
Most dictionaries give the meaning of retribution as "repayment". Public speakers ... Show more content on Helpwriting.net ...
The results of this study were not encouraging. Instead of a decrease in crime after doubling the incarceration population, like expected, there was no
sign of decrease at all in the crime rate. In fact, some cities showed instant spikes of incarceration and some increase in criminal activity.
Numbers and studies like these show that this philosophy of incapacitation leaves room for improvement. It could be more pro–active to approach a
convicted felon's sentencing with a pattern, such as, deterrence or rehabilitation.
Rehabilitation–
Rehabilitation is in the dictionary as the processing, usually in a quiet area, during which units recondition and become rested. Also, under correctional
rehabilitation it says that this provides penal custody or probation or parole for convicted offenders.
The Classical School of Criminology (Larrabee, A.K. [2006] Punishment vs. Rehabilitation) has proposed that punishment is used to create deterrence
and the Positive School of Criminology uses rehabilitation to reduce recidivism. In my opinion, more studies show that rehabilitation has a more
lasting impact on an individual with the help from the community. To stay fair and acknowledge that the Classical School of Criminology has a point
toward the deterrence factor, rehabilitation can be used as a deterrent as well by showing the offender how to adapt to society by gaining academic or
trade skills. Rehabilitation is based on a "change in direction" theory. Rehabilitation
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The Five Philosophies Of Punishment In Orange Is The New...
In popular television shows like Orange is the New Black, we can find many different philosophies of punishment played out within the show.
Deterrence, incapacitation, rehabilitation, retribution and restorative justice are considered the philosophies of punishment. This paper will describe
the five philosophies of punishment in detail and provide real world examples, discuss the methodology behind choosing Orange is the New Black,
applying what has been learned about the philosophies of punishment to an episode of this show, give my opinion on the choices of philosophies
displayed in the show, and explain what the future for crime control, punishment, and justice might be. There are five distinct philosophies to the
punishment of criminal offenders. The deterrence model is based on the belief that punishment or threat of punishment will prevent citizens, offenders
or non–offenders, from committing or recommitting crimes (Fagin, 2016), 2016). A real–life example of the deterrence model would be corporal
punishment. Because the children who witnessed the punishment would not want to commit the act, and the child receiving the punishment would not
want to recommit their crime, it was believed to be an effective strategy in forming school children's behavior (Fagin, 2016). The belief that criminals
cannot be rehabilitated, and it would never be safe to release them back into the community falls under the incapacitation philosophy of punishment
(Fagin, 2016). The most common type of incapacitation is imprisonment. When offenders are imprisoned, they are unable to commit new crimes, and
will no longer pose a threat to their communities. Rehabilitation on the other hand, is the belief that criminals can be cured of their criminality, and can
be released back into the community (Fagin, 2016). Counseling, educational programs, and work skill programs are all different real–world examples
of the rehabilitation model (Fagin, 2016). The aim of these programs is to help offenders get better and become a productive member of society. The
idea of punishing criminals because they deserve to be punished fits into the retribution philosophy of punishment (Fagin, 2016), 194). An example of
this philosophy today would be
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Penological Principles Essay
. Penological Principles
There are many different penological principles which Australia uses in its response to crime, the most widely used punishment is incapacitation.
Rehabilitation and deterrence also aim to protect society from further offending, incapacitation protects society by reducing or removing the physical
capacity of an offender to offend (Bull, 2015), however, other forms of incapacitation, include curfews, monitoring and reporting requirements. This
essay examines the effectiveness of incapacitating methods, as punishment is often culturally motivated by crimes reported that the public finds
despicable; governments are forced to show they are tough on crime by passing new laws. As ideas develop Australia is slowly moving... Show more
content on Helpwriting.net ...
Politicians respond by creating new laws, this is evidenced in Queensland's Dangerous prisoner's sexual offenders act that came about from the Dennis
Ferguson case. Research by Giskes (2004) found that immense public concern occurred from the release of dangerous sexual offenders, leading
parliament to change the laws in 2003 for these prisoners, particularly those deemed susceptible to re–offending. This get–tough approach has failed to
make communities safer instead they have produced an expanding prison system. Public policy responses should aim to deter and punish offenders,
however, by applying intense indeterminate sentences the effectiveness is lessened as punishment is meant to be swift, certain and severe, yet by
applying this intense and uncertain level of punishment goes against our political and cultural sense of justice and fails in the goal of making safer
communities (Giskes, 2004). Collectively, there is ample evidence that contemporary sentencing and punishment practices aim to protect society,
however rehabilitating offending behaviour would be less politically popular but may reduce crime rates more than prison or
... Get more on HelpWriting.net ...
Capital Punishment And The Death Penalty
Capital punishment, or the death penalty, is a legal sentence for the convicted to be put to death for their criminal behavior. How the convicted criminal
is executed varies from state to state. I do not believe that the death penalty is justifiable in almost any instance, if any. Throughout this class, I have
read and experienced confusion on my opinion of whether capital punishment can be justifiable. If there was an absolute 100% belief and proof of
guilt for the most serious of crimes (murder. rape, etc.), I would agree with the punishment of death. However, this is not the case most of the time.
Research indicates that roughly 4% of the people on death row were wrongfully convicted, and at least one in twenty–five people on death row in the
United States would be exonerated if given enough time. Many factors arise that deserve attention with regards to capital punishment that I see prove
that it is an invalid, and unnecessary punishment.. Deterrence always come to mind with thinking about the death penalty, and has much controversy.
Research indicates that the effect of capital punishment for a crime is not informative about whether capital punishment decreases, increases, or has no
effect on the crime rate. I personally believe that capital punishment is a deterrent for others from committing similar crimes. According to a study
published in the Journal of Criminal Law and Criminology, 88% of the country's top criminologists do not believe the death penalty acts a
... Get more on HelpWriting.net ...
Incarceration Policy And Crime Reduction
As already covered in the literature review, studies on the relationship between incarceration policy and crime reduction is yet to be clear for
utilization by policymakers. In most cases, researchers agree that increased incarceration may perhaps have a positive effect on the reduction of crime
rates. However, it is the scale of this action that has a limiting scope attached to it when empirical studies are carried. For instance, Stemen (2007)
observes that a 10 percent increase in incarceration may lead to about 2 to 4 percent reduction in crime.
Moreover, further increases in the number of individuals being sentenced in prisons have further economic ramifications without necessarily helping in
direct reduction of criminal activities or ... Show more content on Helpwriting.net ...
As defined by Liedka, Piehl & Useem (2006), deterrence refers to the action against crime through the introduction of legal sanctions.
In this way, there is an incentive to encourage non–criminal behavior among the population. On the other hand, incapacitation refers to the physical
restraints directed towards criminals in order to eliminate further crime. In effect, both incapacitation and deterrence are meant to have direct positive
effects on crime rates. By reducing the number of criminals roaming on the streets and introducing penalties for anyone found to be involved in such
activities, the primary expectation is that crime rates should drastically drop. However, questions have been raised on whether this factor still holds
when the scale of incarceration increases over time.
The Issue of Scale The findings of this paper have raised several issues based on the linkage between scale of incarceration and crime rates in a given
jurisdiction. First, results indicate that the effectiveness of incarceration in instances of increased crime may rely on a given jurisdiction. This means
that this policy of crime reduction may not be universally effective. Generally, jurisdictions whose incarceration policy implementation are at advanced
stages may face lesser challenges in crime reduction that their less developed peers. This is an obvious finding because it is expected that
... Get more on HelpWriting.net ...

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The Importance Of Recidivism In Prisons

  • 1. The Importance Of Recidivism In Prisons In recent discussion of prison facilities, a common concern amongst state and federal officials is recidivism as well as prison overcrowding. The United States currently ranks the highest in incarnation rates compared to neighboring countries such as Russia and Canada. There are currently over two million individuals incarcerated in the penitentiary in the United States; an astonishing five hundred percent increase in incarceration in the past forty years (The Sentencing Project, 2017). As a result, violence, rape, suicide, and other health concerns have broken out throughout the prisons that has created further concern for the wellbeing of facility employees and the inmates inside each facility. When it comes to the topic of recidivism, most of us will readily agree that crucial reforms are needed in the correctional system. Where this agreement usually ends, however, is on the question of effective punishment. Whereas some are convinced that the "get tough," three–strike programs are effective in corrections, others maintain that a rehabilitate approach is necessary for the prevention of recidivism by providing ex–convicts with the means necessary to live life away from crime. However, despite the popular and unpopular opinion; the primary goals of the correctional system are retribution, deterrence, incapacitation, and rehabilitation. Each goal proposes a foundation for the prevention of crime and the prevention of recidivism for ex–convicts to return to ... Get more on HelpWriting.net ...
  • 2. Incarceration: Tough On Crime Policies In The United States The surge in incarceration rates can be related to punitive get tough on crime policies in the fight against the soaring crime rates and rapid changes among the people in society. For this reason, there are some modifications in policies across all divisions within the nation's state and federal governments. Drop in crime may be due to the rise in incarceration. However, the degree of decline is unknown, and outcomes of the majority of scientific studies indicate it is not significant. Researchers posit that with the minimal crime deterrence effects of lengthy prison sentences and the excessive cost and individual expenses of imprisonment, state and federal criminal justice politicians should consider changing existing policies to decrease the rate of ... Show more content on Helpwriting.net ... Consequently, elaboration on apprehension and incarceration (federal and state) related to crime control policies was the cause of a significant rise in both prison population and costs on crime prevention for three decades that began in the eighties (Schiraldi & Ziedenberg, 2000). The crime control model that demonstrates corrections policies includes tough–on–crime policies, mandatory sentences, three–strike laws, and truth in sentencing (Schiraldi & Ziedenberg, 2000). The theory of incapacitation is that we have the ability to prevent offenders from committing more crimes. When we incarcerate an offender who commits a crime, they are no longer able to commit any more crimes in the community. Collective incapacitation is one of two basic approaches that suggest that we take all offenders who commit crimes and incarcerate them. Selective incapacitation suggests that we identify those individuals who will commit crimes in the future and place them in prison which is less expensive if low–risk criminals are not incarcerated, and prison space is not wasted on short–term ... Get more on HelpWriting.net ...
  • 3. Rational Choice, Deterrence, Incapacitation and Just... Rational Choice, Deterrence, Incapacitation and Just Desert In seeking to answer the question, "Why do people engage in deviant and/or criminal acts?", many researchers, as well as the general public, have begun to focus on the element of personal choice. An understanding of personal choice is commonly based in a conception of rationality or rational choice. These conceptions are rooted in the analysis of human behavior developed by the early classical theorists, Cesare Beccaria and Jeremy Bentham. The central points of this theory are: (1) The human being is a rational actor, (2) Rationality involves an end/means calculation, (3) People (freely) choose all behavior, both conforming and deviant, ... Show more content on Helpwriting.net ... Rational Choice Theory emerged. "According to this view, law–violating behavior should be viewed as an event that occurs when an offender decides to risk violating the law after considering his or her own personal situation (need for money, personal values, learning experiences) and situational factors (how well a target is protected, how affluent the neighborhood is, how efficient the local police happen to be). Before choosing to commit a crime, the reasoning criminal evaluates the risk of apprehension, the seriousness of the expected punishment, the value of the criminal enterprise, and his or her immediate need for criminal gain." (Siegel, p.131, 1992) This perspective shifts attention to the act of engaging in criminal or deviant activity. The issue becomes, what can be done to make the act of crime or deviance less attractive to the individual? How can crime or deviant behavior be prevented? "...crime prevention or at least crime reduction, may be achieved through policies that convince criminals to desist from criminal activities, delay their actions, or avoid a particular target." (Siegel, p.133, 1992). Strategies that are relevant to this perspective include the following: target ... Get more on HelpWriting.net ...
  • 4. Different Solutions And Goals Of A Criminal 's Actions Essay In the correctional system today, there are different solutions and goals of a criminal's actions. For example, you have rehabilitation, incapacitation, restitution, restorative justice, and deterrence. Even though they all have a different meaning, they all have something in common which is punishment of a criminal. Depending on the criminal and their actions determines which solution of punishment they will receive. What is rehabilitation? In the book, Corrections Today by Larry Siegel and Clemens Nartollas, rehabilitation is defined as, changing an offender's character, attitudes, or behavior patterns so as to diminish his or her criminal propensities (20). When you see the word 'rehabilitation' you automatically point out the word 'rehab' and rehab means the process of helping someone become healthy again mentally, physically, and emotionally (Merriam–Webster). Therefore, if a criminal is rehabilitated it is because the people of higher authority believes that the criminal deserves to go through a program to make their mind right again and they also deserve another chance. However, not all criminals are granted that option. Another solution of punishment is incapacitation. Incapacitation is when offenders are isolated because of the protection of society. This basically is meaning they get placed inprison or some type of correctional facility to prevent them from committing more crimes in the future or also if the criminal is a threat to society. According to ... Get more on HelpWriting.net ...
  • 5. Incapacitation Theory: Is It Better To Lock-Up? Incapacitation Theory is described to be the theory of Locking Up The Wicked. The Incapacitation Theory assumes that if we lock up every person that commits a crime and throw away the key, then it would be a better world with less criminals on the streets. But would it be better to lock up all the predators out there? Or would it cost America more to keep them locked up? Within the Incapacitation Theory there are two main points which are Selective Incapacitation and Collective Incapacitation. Selective Incapacitation is when the court system makes an attempt to determine which criminals are going to continue to commit crimes and to keep them locked up. Collective Incapacitation is used to describe locking up all criminals who commit certain ... Get more on HelpWriting.net ...
  • 6. Deterrence, Incapacitation, And Rehabilitation : Explain... Ashlyn Nelson CRST 100 / SOCI 270 Dr. Dennis December 11, 2014 Short Essay Questions 40. Chapter 14 Deterrence, Incapacitation, Retribution, and Rehabilitation: Explain how the severity of punishment, the certainty of punishment, and the promptness of punishment can potentially deter criminal behavior. Is one more important than the other? Why or why not? Severe punishments, such as long stints in prison and the death penalty, are designed to pose as threats or warnings to those who consider committing a crime. It also seems that, theoretically, more severe punishments, such as longer prison sentences, would help deter crime at least by keeping the offender locked away, thus "deterring" them from committing more crime. Certainty of punishment would serve to deter potential offenders with the threat of a definite, undesirable penalty, should they be caught and convicted. Certainty and severity of punishment both play on an offender's sense of self–preservation, in hopes that potential offenders may not commit crimes to protect themselves from undesirable consequences. Promptness of punishment theoretically serves to deter crime by playing on not only the potential offender's self–interest, but on the idea that public attitudes against the offender will be more severe soon after the crime is committed. The certainty of punishment appears to possibly be the most effective deterrent to crime. Offenders may not be daunted much by the threat of severe punishment, as ... Get more on HelpWriting.net ...
  • 7. The American Justice System In what ways is the indigenous justice paradigm in conflict with the principles of the traditional, adversarial American criminal justice system? In what ways do the principles of Native American justice complement more mainstream correctional initiatives? Within the Criminal Justice system, comes a structure of both practices as well as organizations that main role is to uphold not only social jurisdiction, but to discourage and diminish criminal activity. The Criminal Justice system also sanctions those who violate the laws of the land with penalties and reintegration of the criminals into society. In the United States, our policy has been guided by the 1967 President 's Commission on Law Enforcement and Administration of Justice, which issued a ground–breaking report 'The Challenge of Crime in a Free Society ' (President's Commission on Law Enforcement and Administration of Justice [Presidents Commission], 1967). The text (McNamara & Burns) explains that in 2005 per the Uniform Crime Reports for 2005, Asian American crime represented only one (1%) percent of all arrest, this was even lower number as compared to the Native American arrest which represented slightly over one (1%) percent, which stood at 1.3% for the year 2005 (McNamara & Burns, 2009, p. 117). According to Gee in Beyond Black and White: Asian Americans, Mass Incarceration, and the Criminal Justice System, "Asian Americans have enjoyed a positive image in main– stream America due to the model minority ... Get more on HelpWriting.net ...
  • 8. Punishment Philosophies In The Criminal Justice System Philosophies is a definitions of punishment and there are five punishment philosophies that used in the criminal justice system, retribution, deterrence, rehabilitation and incapacitation that include isolation. These purpose of these goals are to prevent criminal offenses from committing crimes according to (Meyer, 2003) The concept of retribution is generated if someone commit a crime that very bad and people are afraid to speak out because of fear of retribution. The retributive theory is punishing the offender by taking away their advantage that they might have gained from their criminal or illegal actions. Due to this theory offenders deserve to be punished for the wrongful acts they have committed. (Meyer, 2003) Deterrence is the theory individuals make rational choices when they choose to commit ... Show more content on Helpwriting.net ... It is one of the main goals or philosophies of corrections. It would help develop occupational skills and to resolve psychological problems. Psychologists provide services special programs screening new inmates for mental illness to providing group therapy and crisis counseling. (Benson, 2003) Incapacitation is usually placed in two approaches collective incapacitation where all people receive the sentence or selective incapacitation where individualized sentences based on criminal activity of the offender crime. With this theory removing violent offender from society by imprisonment with any kind of physically restrain from victimizing others. For the most part the best way to prevent crimes is to isolated offender from committing further crimes against the population or other prisoner. Sanctions are also a form of punishment philosophy and impact the criminal justice system. Sanction must be defined by coded and law in order for a judge or sentencing agent to be able to enforce it .this theory can be used as a serious capital punishment , incarceration, or severe ... Get more on HelpWriting.net ...
  • 9. The Time Of Early Human Civilization Punishment can be dated back to the time of early human civilization. It took a while for human civilization to begin imposing certain laws and regulations that would subsequent an act of crime. During the early time period of 2000 B.C. to 1800 A.D. (2010), ancient Babylonian and Sumerian codes began the model of creating a practice where criminals would be punished for their wrong doings. One of the earliest philosophies of this ancient time was the term Lex talionis or an eye for an eye. This practice is based on the criminal punishment idea of retribution, which means that a criminal deserves to be punished based on the crime committed. As time progressed, new ways of thinking emerged and eventually crime had to be the responsibility of the government because they believed that a crime committed against one citizen was considered to be committed against the whole society. During the enlightenment, great philosophers such as Cesare Beccaria, Jeremy Bentham, and John Howard changed the perspective on human life. Prior the enlightenment, people were not rational and they believed that behavior was not a function of their choice. That's why they highly supported punishment for retribution. However, during post–enlightenment the main purpose of punishment became to deter or stop crime. In hopes of getting criminals of the street, new ways of punishing evolved but mainly it gave development to incarceration. The number of individuals living in correctional facilities across ... Get more on HelpWriting.net ...
  • 10. Incarceration Essay Incapacitation The concept of incapacitation indicates that individuals behind bars cannot commit a crime outside the perimeter of incarceration. The prevention strategy came due to efficacy issues with the rehabilitation model that resulted in increased crime rate and fear among the neighborhoods. These reasons justify the reason why people face imprisonment (Cullen & Gilbert, 1982). The majority accepts that lengthy incarceration acts as retribution for serious offenders and possesses the serious threat to the public if released. Is incapacitation a cost–saving crime prevention strategy? The deterrence and incapacitation should create space for the repeat and most dangerous offenders. The strategies would then lead to imprisonment of ... Show more content on Helpwriting.net ... Several studies indicate that unless there is a fairly high risk of apprehension, the threat of tougher penalties does not the wiliness of individuals to engage in certain offenses (Turner, Petersilia & Deschenes,1992). In the United States, the crime rates fell during the 1990s in the different geographical and demographic areas. The portion of the results was attributed to the incapacitation effects. The lengthening of the prison sentence in many states was a result of habitual felon status and changes in the status of sentencing (Cullen Jonson & Nagin, 2011). However, recidivism remains a serious challenge and the rate remained at 67% according to the Bureau of Justice statistics 2005 (Travis et al 2005). The numerical heavily relies on various crime and cases. Since 1990, the recidivism rate increased, and the cost of incarceration continues to rise (Nagin, Cullen & Jonson, 2009). Some states are considering releasing inmates before their sentence come to an end. The release program tries to balance between reduction in crime and cost of incarceration. The incarceration program and policies do not work. Similar challenges are experienced in universities. In North Carolina, the court ordered a reduction in student suspension. The results lead to increase in crime ... Get more on HelpWriting.net ...
  • 11. The Lack Of A Pilot Is Avoiding Medical Incapacitation Soaring high above the ground in an aircraft is a freeing experience that comes with many dangers and precautions. These hazards are rarely due to structural or technological failures. Instead the greatest challenge to a pilot is avoiding medical incapacitation, while effectively and efficiently employing the aircraft. These situations rear their head without warning, and though we're aware of their presence, they still plague our skies. Spatial disorientation is one of these dangers and "is defined as the failure to perceive or perceiving incorrectly the position, motion, or attitude of the aircraft" (Cheung, 2013, p. 1211). The deprivation of visual references such as darkness, fog, haze, clouds or terrain can cause spatial disorientation. In order to perceive the "position, motion, and attitude of the aircraft" we require the input of our sensory system to facilitate the identification and interpretation of our orientation (Cheung, 2013, p. 1211). This is due to our primitive requirement and capability to orient in an environment. The existence of this ability did not develop to fly unfortunately, but merely to survive. Yet, the same sensory reactions we depend on for survival in the aircraft, are those which trigger our fight or flight response. We are all vulnerable to spatial disorientation, especially in a modern–day setting that encompasses "moving visual scenes and vehicular motion", which challenge the neutral orientation of the sensory system (Gresty, ... Get more on HelpWriting.net ...
  • 12. Essay on History of Corrections History of American Corrections The corrections system in America began mostly with the arrival of William Penn and his "Great Law." This was back in 1682; the "Great Law" was based on humane principals and also focused on hard labor as a punishment. The corrections system really began to take hold in North America in the late 1700's with the idea's and philosophy of Beccaria, Bentham, and Howard. These philosophies were based on the thought that prisoners could be treated and reformed back into society. This hard labor was used as an alternative to other cruel forms of punishments that were used in earlier times such as physical abuse or even brutal death. In 1790 came the birth of the Penitentiary in Philadelphia. The ... Show more content on Helpwriting.net ... "... incapacitation focuses on the characteristics of the offenders instead of the characteristics of the offenses"(Clear, Cole, Reisig). Rehabilitation is more of a therapeutic method to help the criminal ditch crime and become a constructive member in society. "Rehabilitation involves teaching inmates silks and trades that will, hopefully, give them a chance to become law–abiding citizens once they are released from prison" (Long). This method is looked at as more of a treatment than a punishment, to guide the criminal to make better choices and live a better life. Restorative or Community Justice is a fairly new concept. It is aimed more at repairing damages caused by the crime to the victim(s) and the community involved. In this method the victim lays out conditions for the offender and what is necessary to help repair any losses. The community provides assistance to help restore the offender to the community. Some say that this method can be dangerous and bypasses certain safeguards. The goals of corrections are solid efforts to reduce crime. There are many improvements that could be made. As we learn and test these methods, they need to be fine tuned and have the bugs worked out. If something isn't working in the appropriate way it needs to be addressed and refocused. I think that many of these goals will become weak and maybe overlooked with the new AB 109 bill and other reforms currently taking place in California ... Get more on HelpWriting.net ...
  • 13. No Point Of The Three Strikes Legislation Reaction Paper #2 Since the origin of criminology, there has been a constant swing back and forth between incapacitation and rehabilitation in regards to violent recidivating offenders. Some argue our streets will be safer with the criminals off our streets, while others want to teach the chronic offenders how to function and possibly contribute to our society. According to research, our approach needs to be a glass of rehabilitation with a splash of incapacitation. The goal of incapacitation is removing dangerous criminals from society and eliminating the chance of recidivating. This policy is aimed at the life–course offender or the chronic six percent. The predominant incapacitation method is the three strikes legislation. The selling point of the three–strikes legislation is the idea of removing the most dangerous criminals from society through selective incapacitation. In turn, removing these life–course offenders from society by long prison sentences will drastically reduce the crime rate. "Supporters of three strikes legislation argue that such statutes will end the criminal careers of such high–rate offenders" (Beres & Griffith, 1998). Put simply, if you repeatedly commit serious crimes, you will earn a harsh prison sentence. The baseball metaphor "three strikes and you're out" is used towards serious crimes, especially felonies. Another aspect of the three–strikes legislation is deterring future offenders along with incapacitating those that cannot be deterred ... Get more on HelpWriting.net ...
  • 14. Between A Rock And A Hard Place Seems To Be A Very... Between a Rock and a Hard Place seems to be a very appropriate title for this HBO documentary whose executive producer and star is Dwayne "The Rock" Johnson. Young men with serious criminal charges and significant prison sentences are provided a second chance by participating in the Miami–Dade Corrections and Rehabilitation Department's Boot Camp Program in place of serving their entire prison sentence. Dwayne Johnson greets 38 cadets starting the program, lectures them on their opportunity and asserts that he wants the world to see the importance of the program. Lastly, he tells them bluntly, not to "...f**k this up." For most people it would appear that participating in this 16 week program would be easier compared to the alternative of ... Show more content on Helpwriting.net ... The program offers each of these benefits at different phases. The documentary presents each participant in a way that it is difficult not to find some way to relate and even care for them or their sense of purpose. Notably, the program appears thorough with its design to offer support systems and provides various means of addressing potential obstacles of a cadets' success, such as lack of education, lack of support from family, anger management and substance abuse. Even so, a viewer cannot help but question some of the harsh treatments. For example, in the beginning you are introduced to two young men who struggle with understanding the English commands that a drill instructor is barking at them. Later within the documentary, these same cadets are taken aside and told they are expected to work harder to overcome the challenge of not understanding English. Towards the end one cadet ends up breaking down sobbing because he fails one of his critical tests towards graduation, due to the language barrier. Though there are classes to help the participants learn to prepare for a GED, there are no tools to help them learn English. It appears to be an unfair hardship for these two Spanish–speaking young men. Another concern regarding fair treatment, is though there are many who respectfully follow every command and satisfy every ... Get more on HelpWriting.net ...
  • 15. The Incapacitation and the Deterrent Effects Essay The Incapacitation and the Deterrent Effects The incapacitation effect saves lives – that is, that by executing murderers you prevent them from murdering again and do, thereby, save innocent life (B.1–4, 7, 9, 10 & 15). The evidence of this is conclusive and incontrovertible. Furthermore, the individual deterrent effect also proves that executions save innocent life (B.7–9 & 11–18). This effect represents those potential murderers who did not murder under specific circumstances because of their fear of execution. There are many, perhaps thousands, of such documented cases, representing many innocent lives saved by the fear of execution. Circumstances dictate that the majority of these cases will never be documented and that the ... Show more content on Helpwriting.net ... The individual deterrent effect is proven. Therefore, even though it may be statistically elusive, the general deterrent effect is proven by individual deterrence. Individually and collectively, these three effects present a strong morale argument for executions. Executions save lives. Period. Our choice is to spare the lives of the murderers and to, thereby, sacrifice the lives of the innocent or to execute those murderers and to, thereby, spare the lives of the innocent. What do you choose? The test for deterrence is not whether executions produce lower murder rates, but that executions produce fewer murders than if the death penalty did not exist. For example, the fact that the state of Delaware executes more people per capita (1/87,500) than any other state and has a murder rate 16 times lower than Washington, D.C. (5/100,000 vs 78.5/100,000) is not proof, per se, that the death penalty deters murder in Delaware or that the lack of the death penalty escalates murders and violent crime in Washington, D.C., which has the highest violent crime and murder rates in the U.S. Be careful how you explain and understand deterrence. 1) The argument that murderers are the least likely of all criminals to repeat their crimes is not only irrelevant, but also increasingly false. 6% of young adults paroled in 1978 after having been convicted of murder were arrested for murder again within 6 years of release. ("Recidivism of Young ... Get more on HelpWriting.net ...
  • 16. Essay On Retribution And Incapacitation Philosophies Before mentioning which philosophy of punishment I believe provides the juvenile justice system with the best response to juvenile delinquency, I think it is important to mention that determining the most appropriate philosophy is highly dependent on the specific offender and even the specific crime. I believe all of the philosophies have positives and negatives, but some have positives far outweighing the negatives and vice versa. Although I typically disagree with retribution and incapacitation philosophies, I believe that they are sometimes necessary. There are certain offenders that absolutely must be removed from regular society in order to prevent them from victimizing society. The major issue with implementing such philosophies of punishment is making an accurate determination of which offenders pose a true threat to society and will not respond to rehabilitation or ... Show more content on Helpwriting.net ... Another benefit of retribution and incapacitation is the inarguable deterrent effect they carry. For many, the main thing that keeps them from committing crimes is the fear of punishment, namely incarceration. However, research has shown that incapacitation and retribution are wholly ineffective at changing an offenders behavior and actually often actually have an opposite to desired effect. For example, incapacitation will only stop a juvenile from offending while they are incapacitated. Typically when the incapacitation ends, an offender returns to their old delinquent behavior, rather than returning to society as a constructive member. As a result, I believe these philosophies should be utilized only as a last result, for only serious and chronic offenders who have shown that restoration and rehabilitation will have no effect on ... Get more on HelpWriting.net ...
  • 17. The Pros And Cons Of Diversion And Probation In Chapter 4, we are given an in depth break down of Diversion and Probation. Also, we learn the meaning of the two and can understand how they work, and how they differ. What sets them apart? Based on our text (Schmalleger & Smykia, 2015, p. 90), "diversion is defined as the halting or suspension, before conviction, of formal criminal proceedings against a person (often) conditioned on some form of counterperformance by the defendant" and "probation is the conditional release of a convicted offender into the community, under the supervision of a probation officer; it is conditional because it can be revoked if certain conditions are met." What is the process of diversion? "When pretrial diversion is used, a written agreement between the U.S. attorney and the chief pretrial services or probation officer defines aspects of its implementation" (Ulrich, 2002). Once implemented, the offender's compliance is needed to move forward and there are rules, guidelines and expectations to be met on the offender's behalf. Once critical issue noted is that of critics. We have learned that it helps with keeping jails less crowded but Is diversion helping or hurting recidivism? According to (Rivera, 2013), "McMurran and Theodosi (2007) found through a metaanalysis of 16 different ... Show more content on Helpwriting.net ... I want to see crime decrease and taxpayers not suffer in the end. Understanding what factors lead to an increase in recidivism rates could be the grounds to develop programs to assist in a decrease. "Harnessing a greater understanding of the factors that affect recidivism could also help with the formulation and implementation of cost–effective intervention programs during incarceration and the period of probation" (Forkner, 2010). Decreasing jail overcrowding by abolishing harsh laws and creating cost effective programs to assist in the reduction of recidivism could save taxpayers a lot of ... Get more on HelpWriting.net ...
  • 18. Criminal Justice Outline Dawn Drinovsky Capstone Project One Nov. 22, 2011 Trial a. Interrogation and Arraignment– Guidelines and Process of Law b. Trial– Judge and Supreme court roles c. Sentencing – 3 types Sentencing a. Determinate– pros and cons b. Indeterminate– pros and cons c. Mandatory– pros and cons d. Specific or general deterrence Determinate sentencing a. Time– Each punishment is set person to person regardless b. Punishment– does not discriminate c. Community– deter people from committing it again Indeterminate Sentencing a. Courts and judges role in helping the offender b. Community outlooks c. Fines and minimums Mandatory sentencing a. Maximum fines and set prison sentences b. No judge discretion, ... Show more content on Helpwriting.net ... Being an illegal immigrant would put a hold on somebody who was not a US citizen until he had an immigration bond, where they wait for his case to finish and then proceed with deportation proceedings. (Roberson and Stucky 2007) For those whose sentence is prison, a parole board determines the amount of time each inmate serves under correctional supervision. Indeterminate sentencing is the courts way to try and help those that are worth helping. In states with indeterminate sentencing, parole boards can release inmates once they have served the minimum part of their sentences. The indeterminate sentence laws further reduce the amount of time served when a person is in prison and looks positively at life and is on good behavior daily. They have a chance of getting out before the bad guy next to them who is trouble daily. That guy will more than likely spend full time allowed by the judge behind bars. For instance, one case involved a male offender over 40 with a prior record consisting of six other arrest, three convictions, and two incarcerations, who was found guilty of nine counts of extortionate credit transactions, and related to income tax violations leaving this man to face anywhere from 3 years in prison with no fine to 20 years in prison with a $65,000.00 fine. (Rubuck, 2001) The more people they can get on good behavior the less crowding we will
  • 19. ... Get more on HelpWriting.net ...
  • 20. Sentencing Of Sentencing And Sentencing Guidelines Sentencing is a complicated, and sometimes extremely harsh set of rules. It has very deterrence, and retribution based set of rules for the most part. Which is indicative of the society we as americans live in. Through this paper i will explain each type of sentencing guideline. They are Intermediate, Determinate, Mandatory, Concurrent, and consecutive. Also we will talk about how in some states mandatory guidelines actually can lower the total prison population. But how in states that are not resource drive, incapacitation is on the rise. Finally i will convey my thoughts on sentencing. How it is a flawed and ,mostly broken system. Sentencing types: The text describes the five main types of sentencing. The first of which is intermediate sentencing. This type of sentencing is considered to be more in tune with rehabilitation than other sentencing. This is because the sentence a person serves is not simply based on how many years a person serves. The book gives a great example to help clarify, "the person shall not be imprisoned for less than 2 or 3 years to 10 years"(Stohr 73). What this means is that the person does not necessarily have to serve the maximum of ten years. With good behavior, and by showing that they have changed they may be released in as little as 2 years. Next there determinate sentencing. This essentially serve as the opposite of indeterminate. Meaning that the prisoner must serve a fixed number of years before release. In the ... Get more on HelpWriting.net ...
  • 21. What Are The Five Goals Of Capital Punishment Capital Punishment When it comes to capital punishment there are many goals then just one that is pertaining to the issue. Many people may argue that capital punishment is not the route to move forward to when dealing with a criminal. The people that believe this contemplate that the criminal has already been punished enough and nothing else needs to be done about the matter. Then there are those people who believe thatcapital punishment is exactly what a criminal deserves for their heinous behavior. They believe that if one does something wrong they should be punished so others that see this will not attempt the devious behavior. The five goals that associate themselves to capital punishment in the criminal justice system are incapacitation, deterrence, restitution, retribution, and rehabilitation. These five goals grasp the importance of what capital punishment truly is in the criminal justice field. Incapacitation Incapacitation has a strong bond with capital punishment assuming that it is the best punishment for a person who commits a crime. According to Leipold (2016) "...one simple explanation for the increasing prison population is that incapacitation works" (p.7). ... Show more content on Helpwriting.net ... Many think the felon should not be given an easy pass of just death for a crime they committed. Dieter says (2003) "...that no sentence can ever equate to the loss of your child's life and the horrors of murder" (p.1).While committing the crime they killed someone's family member and the criminal's death cannot bring them back. Instead of death give the felons time to serve out their life sentences to think about what they have done. When they have so much time on their hands they can work because they have nothing else to do and they can pay the family for their hardship and pain that they have endured during this grieve process. ... Get more on HelpWriting.net ...
  • 22. Lex Talionis And Privatization In Criminal Justice 1. Lex Talionis– The Criminal Justice Today textbook defines the term Lex Talionis as "The law of retaliation, often expressed as 'an eye for an eye' or 'like for like'" (Schmalleger 414). Under Lex Talionis, the convicted offender was sentenced to suffer a punishment that closely approximated the original injury. This rule of "an eye for an eye, a tooth of a tooth," generally duplicated the offense. Hence, if a person blinded another, he was blinded in return. Murderers were executed, sometimes in a way tailored to approximate the method they had used in committing the crime. It is ultimately the principle of retributive justice expressed in the phrase "an eye for an eye," and the basis of this form of law is the principle of proportionate ... Show more content on Helpwriting.net ... Warehousing – As stated by the textbook, warehousing is "an imprisonment strategy that is based on the desire to prevent recurrent crime and that has abandoned all hope of rehabilitation" (Schmalleger 426). This policy was implemented in the past for the purpose of protecting society from serious offenders and also led to a rapid decline of the decarceration initiative. Recidivism rates were widely quoted in support of the drive to warehouse offenders. One study, for example, showed that nearly 70% of young adults paroled from prison in 22 states during 1978 were arrested for serious crimes one or more times within six years of release. Warehousing prisoners has been a persistent problem in the United States for over 30 years, with nonviolent offenders, particularly drug offenders who account for a large proportion of both federal and state prison populations, mostly due to sentencing changes associated with the war on drugs. Warehousing, along with other sentencing changes based on three–strikes legislation and mandatory minimums have influenced prison overcrowding and minorities, such as black males, are disproportionately represented in prison populations due to these enactments and strategies. According to the Community Empowerment Collective website, the term warehousing "simply means storing inmates until their sentence is complete, neither punishing them nor trying to habilitate them. By definition it is incompatible with the punishment and rehabilitation. It is ... Get more on HelpWriting.net ...
  • 23. Incapacitation Offenders: A Case Study Several penological principles guide how Australia responds to crime, with the criminal justice system implying that incapacitation is preferred. Incapacitation is relied on to prevent offenders from committing further crimes against society. Australia's reliance on incapacitation can be confirmed in three following ways. Imprisonment has been the preferred method in Australia to incapacitate offenders. According to the Australian Bureau of Statistics in 2007 on average there were 25, 968 daily prisoners, this daily average increased to 40, 577 in the year of 2017 (Australian Bureau of Statistics [ABS], 2007, 2017). This increase may be due to the number of offenders held in remand, with 32% of prisoners being on remand in the year of 2017 (ABS, 2017). These individuals have been charged but not yet convicted of the crime and the courts have refused bail. Sentenced prisoners ... Show more content on Helpwriting.net ... With prison being overcrowded the criminal justice system began to incapacitation offenders in the community. Despite this Australia shows signs of changing tactics with offenders with a shift towards rehabilitation. This move towards rehabilitating offenders is seen with the emerges of support services for witness, victims and offender. Finding the cause of crime is becoming more important with the integration of problem solving courts for example, drug courts and domestic or family violence courts (Jefferies, 2002). Rehabilitating of offenders will help to decease the rate of re–offending for a longer compared to incapacitation that prevents further crime from the same offenders only for a set period. This creates a safer community while providing offenders with improved basic living conditions than individuals receive while incarcerated. Despite this shift towards rehabilitating offenders, the punishment of prison should still be used for offenders but only for the most serious of ... Get more on HelpWriting.net ...
  • 24. Punishment Is The Punishment An Individual Retribution can be described with these two words: Deserved Punishment. Retribution is the punishment an individual receives contingent upon the severity of their wrong doings. They must "pay their debts". The authors of the text "Criminal Justice in America" mentions that if the government fails to sentence the individual to an appropriate amount of punishment, society will take the situation into their own hands (Cole, Smith and DeJong 277). If a murderer receives 5 years in prison, the family of the victim(s) would feel like justice wasn't served and would probably resort to their own type of retribution (Cole, Smith and DeJong 277). Punishment is the ethical response to harm inflicted on the society. What this means is, if society... Show more content on Helpwriting.net ... As rational individuals, we weigh the consequences of our actions versus the benefits of our actions. The more severe the punishment of the potential crime, the higher chance that individuals will be deterred. If a petty thief receives an 8 year minimum sentence along with a high fine, the severity of this punishment will deter others from committing the same crime. Also, the severity of the punishment of the first time offense must be severe enough to deter the same individual from committing another crime. The downside of the deterrence theory is that it assumes that everyone thinks before they act (Cole, Smith and DeJong 278). Individuals who are mentally unstable or have psychological problems aren't accounted for. Another major goal of punishment is incapacitation. Incapacitation deprives an offender from the ability to commit crimes by detaining them in prison. Both deterrence and incapacitation focuses on the potential of a crime occurring in the future. But with incapacitation, the offender is kept in prison and won't be given another chance in society until they have proven that they will no longer commit crimes (Cole, Smith and DeJong 278). Being punished by incapacitation is dependent upon the nature of the crimes committed in the past and how extensive the offender's criminal record is (Cole, Smith and DeJong 278). There are some difficulties with this form of punishment because there is ... Get more on HelpWriting.net ...
  • 25. Retribution Deterrence, Incapacitation, And Rehabilitation Retribution, deterrence, incapacitation, and rehabilitation are all tactics used by the criminal justice system and its officials, to prevent individuals from committing crimes and combat the behavior of individuals who have committed crimes. Retribution involves an effort to ensure that an offender's punishment is equivalent not only with the crime but also with his or her moral blameworthiness and previous criminal record (Masters). From a Christian point of view, I believe that this is a moral form of punishment. This form of sentencing is fair, because it takes in consideration the person's previous criminal record. If a person makes a wrong choice and he or she is apprehended by a police officer, I don't believe they should be punished ... Show more content on Helpwriting.net ... People who have committed violent crime or who plan on committing them, need to know that the ramifications for their actions will be raucous. I would use a rehabilitation approach for drug crimes, depending on if an individual was using or selling the drugs. If the person was using them, I would ensure that programs were in place to help move them away from using drugs. Drug manufactures should receive determinate sentences. When a person sale drugs, he or she ruins the lives of others and tear families apart. Determinate sentences should be a applied to property crimes. An individuals that enters someone's home, has bad intentions and could harm the lives of others. Therefore, defendants should know that they will receive harsh sentenced for their actions. Countries have different criminal justice policies and practices for reasons of political culture and history, not because of crime levels, crime trends, or global social and economic forces (Tonry). Criminal justice administrators should consider what the sole goal of the criminal justice system is today, if any form of sentencing is going to be ... Get more on HelpWriting.net ...
  • 26. The Four Goals Of Punishment The four goals of punishment in the American criminal justice system are retribution, deterrence, incapacitation, and rehabilitation. The purpose of the four goals of punishment is to ensure that the sentence the criminal is receiving is reasonable and just. It is difficult to satisfy all of the components to the highest degree for all criminals. All of the goals serve a different purpose and are significant in their own way, but when combined together they create a very complex sentencing policy for criminals. The first goal of punishment is retribution. Retribution, also known as deserved punishment, it is when one is punished for committing a crime that harmed other people in some manner (277; ch.9). The purpose of this goal is for the criminal to understand that if you commit a crime, consequences will come with that. Depending on the crime that is committed will decide how serious the punishment is. A lot of factors are considered with retribution during the sentencing process. Factors such as the age of the defendant, their previous offense history, not only that but the victims of the crime. The judge might give the defendant asentence that will not only punish him for the crime but also make the family feel that the proper sentence was given to the criminal. The next goal of punishment is deterrence. The purpose of deterrence is to convince criminals and society to not commit future crimes (277; ch.9). Deterrence has two separate subcategories which are ... Get more on HelpWriting.net ...
  • 27. Definition Of Disability, Perception, Service, Delivery,... Abstract This paper will be reflecting a particular philosophy in relation to the following definition of disability, perception of disability, terminology, service delivery and purpose of service delivery. It will also discuss Social Minority Model. What exactly is Social Minority Model? It can be described as the social model of disability optically discerns the issue of "disability" as a convivially engendered quandary and a matter of the full integration of individuals into society. In this model, incapacitation is not an attribute of an individual, but rather an intricate accumulation of conditions, many of which are engendered by the gregarious environment. Hence, the management of the quandary requires gregarious action and is the collective responsibility of society at immensely colossal to make the environmental modifications compulsory for the full participation of people with disabilities in all areas of gregarious life. The issue is both cultural and ideological, requiring individual, community, and sizably voluminous–scale gregarious change. From this perspective, equal access for someone with an impairment/incapacitation is a human rights issue of major concern. The Social Model of Disability A physical or mental condition that limits a person 's movements, senses, or activities; a disadvantage or handicap, especially one imposed or recognized by the law, is the definition of disability. The definition of incapacitation is highly contentious for several ... Get more on HelpWriting.net ...
  • 28. Disparity Between Imprisonment Rate And Crime Rate The Disparity Between Imprisonment Rate and Crime Rate in Australia By Christopher Batho During the period of 2002 to 2014, the imprisonment rate in Australia increased while at the same time the crime rate decreased. This essay will aim to give reasons and theories as to why this apparent disparity between the rising imprisonment rate and decreasing crime rate exists. To do this, the purposes for punishment will be examined, how and why this purpose of punishment has changed over time, the sociological and criminological theories that best explain this disparity, and finally the implications on society through these criminal justice trends. However firstly we will examine the statistics that prove this disparity. Between 2002 and ... Show more content on Helpwriting.net ... Property crime includes unlawful entry with intent (UEWI), motor vehicle theft (MVT) and other theft. The total number of offences for property crime has decreased from 1,188,582 in 2002 to 773348 in 2012. From both sets of data, it can be calculated that in the period of 2002 to 2012, the imprisonment rate increased 13.5 percent yet the violent crime and property crime rates decreased 26 percent and 35 percent respectively. The question is, how is this possible? This will be answered later but now the purposes for punishment will now be studied. When a person is guilty of a crime, it is society's job to punish this person for their act. Once the person has been found guilty, they are then sentenced by a judge with a certain purpose or purposes for the punishment. The main four purposes used are retribution, deterrence, rehabilitation and incapacitation. Retribution is defined by Mani as the offender 'must be punished simply because the wrongful act merits condemnation and punishment.' (Reference). Deterrence is 'based on the idea that criminal behaviour can be deterred if punishment is swift, certain, and severe enough to counter the benefits or pleasure gained from committing crime.' (Reference). Rehabilitation of an offender may be achieved through education or therapy. However, it must be understood that in order for rehabilitation to be ... Get more on HelpWriting.net ...
  • 29. Retribution, Incapacitation, Deterrence And Rehabilitation The four goals of punishment are retribution, incapacitation, deterrence and rehabilitation. Retribution is a punishment that when a person gets a punishment for something that they have done and to get back at them. An example for a retribution would when someone gets a death penalty for commenting a murder. Incapacitation is when a person is trying to prevent a person who already had a sentenced felony from committing any other future offenses. For example, say a person has robbed a bank multiple times and he is trying to commit it again but the authorities are preventing him doing that because they don't want him to be sentenced a longer than what he is already sentenced for. Deterrence is a punishment for any criminal activity that is involved ... Get more on HelpWriting.net ...
  • 30. Goals Of Criminal Retribution And Deterrence One of the goals of criminal sanctions is retribution. Retribution is basically punishing violators who have committed a crime and the severity of the punishment should be that which matches the severity of the crime. Retribution is a goal because government need to give out this punishment so that society does not feel the need to punish the violators of crimes by taking the law into their own hands. The second goal of criminal sanctions is deterrence. Retribution and deterrence go hand in hand somewhat because the public sees an offender get punished through retribution which is a deterrence for the public to commit a crime. A person would think that "I do not want to be punished like that criminal did" so he/she would not commit the ... Show more content on Helpwriting.net ... Incapacitation is a form of retribution and deterrence because society feels that a person can go to prison and be executed for his/her crimes, and this keeps the offender from committing any further crimes in the future. Along with incapacitation is selective incapacitation for repeat offenders that continue to commit crimes after serving their original sentence in prison. This are called "career criminals" and are given longer sentences. The fourth goal of criminal sanctions is rehabilitation. Rehabilitation can be classified in several areas, whether a person gets help for drug/alcohol addiction, or gets training while incapacitated for a new skill set to help that person get a job when they eventually gets out. Rehabilitation can also go along with incapacitation and deterrence. The main goal of rehabilitation is to put the offender on a new path and away from the criminal path. The fourth goal of criminal sanctions is restorative justice. Restorative justice not only punishes the offender but finds ways to restore trust in the community and repair any harm that was done to the victims of the crime. Many people in society think only about punishing the offender but forgetting that the victim of the crimes need help also, whether through restitution from property crimes and help through personal harm done to the victim. Restorative justice takes all of this into ... Get more on HelpWriting.net ...
  • 31. The Debate Over Rehabilitation And Retribution The criminal justice system comprises of many distinct stages, including arrest, prosecution, trial, sentencing, and punishment. There are four punishments: Deterrence, Incapacitation, Rehabilitation, and Retribution. It is in the last two of these many stages that the debate over rehabilitation and retribution is of some significance. The purpose of the Criminal Justice System is to produce justice for all, by sentencing and punishing the accountable and helping them to stop whatever crime they have committed, all while protecting the innocent. Deterrence is an idea that criminal laws are passed with clear sentences to persuade individual criminal suspects from turning out to be repeat offenders and to oppose others in society from doing similar criminal activity. It is one of the primary objects of the Criminal Law. Deterrence primary goal is to discourage members of society from committing criminal acts out of fear of punishment. Incapacitation is the effect of jail time to prevent the criminal person from committing future crimes. Incapacitation is different from deterrence where someone is punished to make him or her understand the specific consequences of his or her crime. Incapacitation intends to avoid future crimes by taking away the person's capability to commit crimes by locking them up. Criminals are put in jail to not only protect others in the community from the person, but also to protect the criminal from the community. Rehabilitation is the ... Get more on HelpWriting.net ...
  • 32. Advantages Of Incaparceration Backer (1968) believed that submission to law is not taken for granted but public and private resources should spend to thwart crimes and to capture delinquents. Also the punishment to those who convicted is necessary to curb the crimes. How many resources and how much punishment should be used to enforce different kinds of legislation? Becker was of the view that the state should aggressively take part to curb the violations against person and property, to restrict discrimination against certain minorities, collusive business arrangements and thousands of other activities. The method purposed by him, formulates a measure of the social loss from offenses and finds those expenditures of resources and punishments that minimize this loss. He used economic analysis to develop optimal public and private policies to combat illegal behavior. The Basic Model Theory of criminal behavior based on the assumption of rational choice was proposed by Benthan ... Show more content on Helpwriting.net ... The reduction is crime due to incarceration is known as the incapacitation effect. Its mean that by increasing the number of inmate population, the crime rate would drop. But in the reality, the crime rate remained high. This indicates that something is missing from the standard incapacitation analysis. Some researchers like Greenwood and Abrahamse (1982) are of the view that selective incapacitation strategy is more efficient way to cap the crime rate. They used self reported data from prison and jail inmates to demonstrate that there is wide variation in individual offense rates and that the factors associated with higher rates of recidivism are also associated with higher rates of offending. The study found that selective incapacitation strategies may lead to significant reduction in crime without increasing the total number of offenders ... Get more on HelpWriting.net ...
  • 33. Criminal Justice Policies To Reduce Crime There have many different criminal justice policies and practices that have been implemented in the attempt to reduce crime, but unfortunately not all of them have been proven to do so. Three of these policies and practices include putting more cops on the street, incapacitation, and mandatory minimums (Walker). All of these examples have been proven not to effectively reducecrime, but for some reason all of these practices may continue to occur. Two studies were conducted, one in Kansas City and the other in Newark, on whether or not morepolice presence was able to reduce crime (Walker). The Kansas City study found that even when more police officers are placed in different beats, there was not effect on the amount of crime that occurred there (Walker). The Newark study found that no matter the level of foot patrol there was no reduction of crime (Walker). Although the Newark study found that more foot patrol did not reduce crime, it did however show why this practice may continue to happen in other cities. It found that more police presence reduced citizen fear of (Walker). The theory of deterrence assumes that visible police patrol ... Show more content on Helpwriting.net ... Mandatory sentencing is when there is a minimum sentence on certain crimes that an individual has to serve if convicted of that crime (Walker). This policy is a commonly used tough on crime tactic that many believe will reduce crime but does not. The idea is that mandatory sentencing will help to deter individuals from committing certain crimes, knowing that they will have to serve at least a certain amount of time in jail or prison. Mandatory sentencing turns out to be very costly, gives out very harsh sentences, and does not reduce crime (Walker) but it makes it seem like the system is doing its job by getting tough on crime. This is what the public and policy makers see, which is why mandatory sentencing will likely continue to ... Get more on HelpWriting.net ...
  • 34. The Purposes of Punishment The purposes of punishment. What are the purposes of punishment? Which do you consider to be the most important and why? Student: *********** Student number: ******* Tutor name: ************* Hand–in date: 21st of November 2011 To begin with, it is necessary to say that punishment is an integral part of modern countries' legal systems, because countries have a duty to protect society from wrongdoers and authorities could reach success in it by punishing offenders. Oxford English Dictionary defines punishment as the infliction or imposition of a penalty as retribution for an offence. There are four main purposes of punishment – incapacitation, deterrence, retribution and rehabilitation – and the aim of this paper is to ... Show more content on Helpwriting.net ... Deterrence is a further purpose that needs to be highlighted. The aim of punishment is also to warn people from crime committing under the fear of being punished and it might be reached through the well–developed criminal justice system, one of the main aim of which is to ensure that every wrongdoer will be punished for the criminal acts. There are two kinds of deterrence. They are general and specific deterrence. Ferris defines specific deterrence as deterrence which attempts to persuade the individual before the court not to commit further offences, while general deterrence is defined as the process of persuading others who might be inclined to offend not to do so. Deterrence has its own pros and cons as well. One of the main deterrence benefits is that it may reduce crime rate significantly and sharply. For instance, there is a three strikes policy in most states of USA, which means that if an individual has already been in jail two times and if this person commits a third crime, she would be automatically sentenced for 25 years regardless of crime seriousness. On the other hand, the main drawback is that criminals usually think that they will not be caught, so they continue committing crimes. Retribution, as the next aim of punishment, is associated with the idea that the wrongdoers have to be penalized and punished for violation against the civilians. Retribution could be viewed from two aspects: revenge and restoration. According to Oxford English
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  • 36. • Explain The Federal Court Structure a.Explain the federal court structure using your book and the web site listed above. There are three different tiers within the federal court system. There are only one Supreme Court. It is the highest court in the United States. The lower courts below the Supreme Court can actually have cases roll over to the Supreme Court. Then you have U.S. Courts of Appeals. There are thirteen Appellate courts. The appellate courts deal with making sure the law was applied correctly in trial court. Appellate court doesn't have a jury all they have is three judges. Then there is District Courts, which there are ninety–four around the country. They try to resolve disputes between people and try to figure out which one if right and wrong. Trail courts have ... Get more on HelpWriting.net ...
  • 37. The Integral Role Sentencing Plays in the Criminal Justice... The Integral Role Sentencing Plays In the Criminal Justice Process There are four philosophies that are considered when it comes to the sentencing of a criminal. These philosophies are: Retribution– Retribution is a philosophy that a wrong doer who has freely chosen to violate society's rules must be punished. Retribution relies on the principal of "just deserts", this holds that the severity of the punishment hold to the severity of the crime. This philosophy is not the same as revenge because retribution is more concerned with the rules of society as a whole, rather than the individualism revenge has had on the victim or victims the offender. Most dictionaries give the meaning of retribution as "repayment". Public speakers ... Show more content on Helpwriting.net ... The results of this study were not encouraging. Instead of a decrease in crime after doubling the incarceration population, like expected, there was no sign of decrease at all in the crime rate. In fact, some cities showed instant spikes of incarceration and some increase in criminal activity. Numbers and studies like these show that this philosophy of incapacitation leaves room for improvement. It could be more pro–active to approach a convicted felon's sentencing with a pattern, such as, deterrence or rehabilitation. Rehabilitation– Rehabilitation is in the dictionary as the processing, usually in a quiet area, during which units recondition and become rested. Also, under correctional rehabilitation it says that this provides penal custody or probation or parole for convicted offenders. The Classical School of Criminology (Larrabee, A.K. [2006] Punishment vs. Rehabilitation) has proposed that punishment is used to create deterrence and the Positive School of Criminology uses rehabilitation to reduce recidivism. In my opinion, more studies show that rehabilitation has a more lasting impact on an individual with the help from the community. To stay fair and acknowledge that the Classical School of Criminology has a point toward the deterrence factor, rehabilitation can be used as a deterrent as well by showing the offender how to adapt to society by gaining academic or trade skills. Rehabilitation is based on a "change in direction" theory. Rehabilitation
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  • 39. The Five Philosophies Of Punishment In Orange Is The New... In popular television shows like Orange is the New Black, we can find many different philosophies of punishment played out within the show. Deterrence, incapacitation, rehabilitation, retribution and restorative justice are considered the philosophies of punishment. This paper will describe the five philosophies of punishment in detail and provide real world examples, discuss the methodology behind choosing Orange is the New Black, applying what has been learned about the philosophies of punishment to an episode of this show, give my opinion on the choices of philosophies displayed in the show, and explain what the future for crime control, punishment, and justice might be. There are five distinct philosophies to the punishment of criminal offenders. The deterrence model is based on the belief that punishment or threat of punishment will prevent citizens, offenders or non–offenders, from committing or recommitting crimes (Fagin, 2016), 2016). A real–life example of the deterrence model would be corporal punishment. Because the children who witnessed the punishment would not want to commit the act, and the child receiving the punishment would not want to recommit their crime, it was believed to be an effective strategy in forming school children's behavior (Fagin, 2016). The belief that criminals cannot be rehabilitated, and it would never be safe to release them back into the community falls under the incapacitation philosophy of punishment (Fagin, 2016). The most common type of incapacitation is imprisonment. When offenders are imprisoned, they are unable to commit new crimes, and will no longer pose a threat to their communities. Rehabilitation on the other hand, is the belief that criminals can be cured of their criminality, and can be released back into the community (Fagin, 2016). Counseling, educational programs, and work skill programs are all different real–world examples of the rehabilitation model (Fagin, 2016). The aim of these programs is to help offenders get better and become a productive member of society. The idea of punishing criminals because they deserve to be punished fits into the retribution philosophy of punishment (Fagin, 2016), 194). An example of this philosophy today would be ... Get more on HelpWriting.net ...
  • 40. Penological Principles Essay . Penological Principles There are many different penological principles which Australia uses in its response to crime, the most widely used punishment is incapacitation. Rehabilitation and deterrence also aim to protect society from further offending, incapacitation protects society by reducing or removing the physical capacity of an offender to offend (Bull, 2015), however, other forms of incapacitation, include curfews, monitoring and reporting requirements. This essay examines the effectiveness of incapacitating methods, as punishment is often culturally motivated by crimes reported that the public finds despicable; governments are forced to show they are tough on crime by passing new laws. As ideas develop Australia is slowly moving... Show more content on Helpwriting.net ... Politicians respond by creating new laws, this is evidenced in Queensland's Dangerous prisoner's sexual offenders act that came about from the Dennis Ferguson case. Research by Giskes (2004) found that immense public concern occurred from the release of dangerous sexual offenders, leading parliament to change the laws in 2003 for these prisoners, particularly those deemed susceptible to re–offending. This get–tough approach has failed to make communities safer instead they have produced an expanding prison system. Public policy responses should aim to deter and punish offenders, however, by applying intense indeterminate sentences the effectiveness is lessened as punishment is meant to be swift, certain and severe, yet by applying this intense and uncertain level of punishment goes against our political and cultural sense of justice and fails in the goal of making safer communities (Giskes, 2004). Collectively, there is ample evidence that contemporary sentencing and punishment practices aim to protect society, however rehabilitating offending behaviour would be less politically popular but may reduce crime rates more than prison or ... Get more on HelpWriting.net ...
  • 41. Capital Punishment And The Death Penalty Capital punishment, or the death penalty, is a legal sentence for the convicted to be put to death for their criminal behavior. How the convicted criminal is executed varies from state to state. I do not believe that the death penalty is justifiable in almost any instance, if any. Throughout this class, I have read and experienced confusion on my opinion of whether capital punishment can be justifiable. If there was an absolute 100% belief and proof of guilt for the most serious of crimes (murder. rape, etc.), I would agree with the punishment of death. However, this is not the case most of the time. Research indicates that roughly 4% of the people on death row were wrongfully convicted, and at least one in twenty–five people on death row in the United States would be exonerated if given enough time. Many factors arise that deserve attention with regards to capital punishment that I see prove that it is an invalid, and unnecessary punishment.. Deterrence always come to mind with thinking about the death penalty, and has much controversy. Research indicates that the effect of capital punishment for a crime is not informative about whether capital punishment decreases, increases, or has no effect on the crime rate. I personally believe that capital punishment is a deterrent for others from committing similar crimes. According to a study published in the Journal of Criminal Law and Criminology, 88% of the country's top criminologists do not believe the death penalty acts a ... Get more on HelpWriting.net ...
  • 42. Incarceration Policy And Crime Reduction As already covered in the literature review, studies on the relationship between incarceration policy and crime reduction is yet to be clear for utilization by policymakers. In most cases, researchers agree that increased incarceration may perhaps have a positive effect on the reduction of crime rates. However, it is the scale of this action that has a limiting scope attached to it when empirical studies are carried. For instance, Stemen (2007) observes that a 10 percent increase in incarceration may lead to about 2 to 4 percent reduction in crime. Moreover, further increases in the number of individuals being sentenced in prisons have further economic ramifications without necessarily helping in direct reduction of criminal activities or ... Show more content on Helpwriting.net ... As defined by Liedka, Piehl & Useem (2006), deterrence refers to the action against crime through the introduction of legal sanctions. In this way, there is an incentive to encourage non–criminal behavior among the population. On the other hand, incapacitation refers to the physical restraints directed towards criminals in order to eliminate further crime. In effect, both incapacitation and deterrence are meant to have direct positive effects on crime rates. By reducing the number of criminals roaming on the streets and introducing penalties for anyone found to be involved in such activities, the primary expectation is that crime rates should drastically drop. However, questions have been raised on whether this factor still holds when the scale of incarceration increases over time. The Issue of Scale The findings of this paper have raised several issues based on the linkage between scale of incarceration and crime rates in a given jurisdiction. First, results indicate that the effectiveness of incarceration in instances of increased crime may rely on a given jurisdiction. This means that this policy of crime reduction may not be universally effective. Generally, jurisdictions whose incarceration policy implementation are at advanced stages may face lesser challenges in crime reduction that their less developed peers. This is an obvious finding because it is expected that ... Get more on HelpWriting.net ...