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Punishment Vs Rehabilitation Essay

1475 Words6 Pages

Punishment refers to a sanction that is enforced when a person commits a crime. In North Carolina, around 1990 punishment and/or rehabilitation under the courts system was entitled structured sentencing. This sentencing included community service, active sentences, or suspended sentences. Rehabilitation on the other hand can be defined as preparing an offender for reintegration back into society after a length of time in prison. Rehabilitation can be programs such as drug courts, education, and/or vocational skills, etc. These programs are thought to help the offender transition back into society and potentially reduce the recidivism rate. The purpose of this paper is to discuss the concept of punishment versus rehabilitation of offenders …show more content…

This type of sentencing was for both misdemeanors and felonies. Each crime was classified as a level and the sentence was equal to that level. The problem with this type of structure was that people who committed DWIs were unable to be punished as harshly than other charges. So that led to DWIs being classified as misdemeanors. The main idea of this sentencing was to be truthful with the sentencing of a defendant and they hoped to end Parole. In 2011, the Justice Reinvestment Act was implemented in the state. The goal of this program was to reduce the money that the state is using on corrections and to reinvest the funding into more community programs that will deter and decrease crime while strengthening individual …show more content…

The victim may not feel secure if and when an offender is released. The effect of society regarding the use of punishment rehabilitation differ but depend on the costs of correctional facilities that is increasing to the lose of the traditional family structure. It also depends on how much society fears the release of criminals released back into the community. Society’s believes in the “just desserts” theory that is often seen in the courts. Mandatory sentencing has also been an issue with society because they want to be tough on

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This process will ensure that each offender receives the proper punishment and that the community is satisfied with the decision. The offender-based models, retributive and utilitarian, does not help the victim recover. Restorative justice is designed

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However, the penalty stands to be only temporary. Studies have shown that only seventy-one percent of those released from prison are convicted of a serious crime within only three years after their releasement ( ). Is prison housing the criminals or teaching them? A correctional facility is built to correct and rehabilitate, however prison systems in America appear to be only a short stop before the production of the criminals grand plan. The majority of those who are sentenced to prison have a high rate of returning due to their difficulty in gaining a position with a self-sustaining wage and a lack knowledge on a life without crime.

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Deterrence is done to show and minimize delinquent behavior; showing them the consequences is more powerful then the benefits of committing a crime. Lastly. Rehabilitation seeks to help and change the factors that may allow an offender to join in crimes (Hess, K., Orthmann, C., & Wright, J. 2013). The chapter then talked about probation.

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There are many problems, concerns, and issues that revolve around offender reentry within the United States, but there are also a lot a positive thing that can come from an offender being reentered into the community. In recent years, criminal justice professionals have begun looking to the community to act as the vehicle for handling the weaknesses of the criminal justice system. One of the biggest weaknesses with the criminal justice system is offender rehabilitation. Professionals believe that reentry programs should primarily be based on community intervention.

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As we know, there are many ways criminals can be punished. When sentencing happens, the defendant is usually sentenced to the following punishments, listed from minor to extreme: Fines Community service Diversion programs Probation GPS monitoring Jail Prison Death penalty (Rio Salado, 2022). Most of these punishments can be listed under either the utilitarian or retributive theory of punishment. The utilitarian theory seeks to punish offenders to 'deter' future wrongdoings.

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Evaluate the effectiveness of sentencing and punishment as a means of achieving justice. The Australian criminal justice system is moderately effective in relation to sentencing and punishment as a means of achieving justice for offenders, victims and society. Sentencing and punishment is a key process utilised to enforce legislation, resolving and deterring criminal actions. Its effectiveness in upholding the interests of society is determined by the ability of enforcement to consider specific and general deterrence, retribution, rehabilitation and incapacitation.

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In 1994, Congress passed the Truth-in-Sentencing Incentive Grants law. Truth-in-Sentencing laws were put into place to help reduce the possibility of an inmate being able to have early release from incarceration. Each state has their own policies, rules and regulations for inmate release. The truth-in-sentencing law requires that offenders serve the majority of their prison sentence imposed by the court in order to be eligible for release. Previous policies included reducing the amount of time the offender served on a sentence, such as good behavior, earn time, and the parole board made a decision to release an inmate.

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The are several types of sentencing that follows what is intended to be an impartial judicial proceeding during which criminal responsibility is ascertaining. Majority of the sentencing decisions are made by judges, although in cases such as death sentence cases, a jury may be involved in a special sentencing of the sentencing process. Unfortunately, sentencing decision is one of the most difficult made by any judge or a jury especially when it impacts someone’s life. Additionally, there are numerous sentencing models in the United States such as determinate, indeterminate, and mandatory minimum sentencing. First, determinate sentencing is a set term of incarceration and sentencing could potentially be reduced by good time.

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The retribution part is to punish the person for the crime that they permitted against society, and the incapacitation part is to remove that person out of society so they do no further harm. Deterrence means the prevention of future crime, and the rehabilitation teaches life skills and in the betterment. However, author Sandiford says that instead of solving crime, mass incarceration has infected our communities and striking them with devastating symptoms, and prison costs have skyrocketed, inmates ' families have been torn apart, and the system is overwhelmingly stratified by race and class (Sandiford,

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Sentencing Sentencing occurs after a defendant has been convicted of a crime. During the sentencing process, the court issues a punishment that involves a fine, imprisonment, capital punishment, or some other penalty. In some states, juries may be entitled to determine a sentence. However, sentencing in most states and federal courts are issued by a judge. To fully understand the sentencing phase of criminal court proceedings, it is important to examine how sentencing affects the state and federal prison systems, learn the meanings of determinate and indeterminate sentencing, and understand the impact Proposition 57 has had on sentencing in California.

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In contrast, stricter policy reforms were implemented into the courts due to the reflective increase in use of illegal substance among offenders. Moreover, the increase in violence and drugs among offenders enhanced stricter policy reforms, for more than 78.7% percent of offenders have used illegal drugs, which is three-fourth’s of the incarcerated population. Also, 62.2% percent of convicted drug offenders meet the diagnostic criteria of drug abuse or dependence that accumulates to be two-thirds of the populations, while 64.3% percent of offenders used an illegal substance regularly. In addition, convicted offenders have a high rate of 56.7% percent in committing recidivism, for Mark Harmon author of "Fixed ' Sentencing: The Effect On Imprisonment

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The punishment is that they are with us” (Paragraph 2). Instead, prisons focus on rehabilitation. Most citizens understand that in order to have long term effects, it take long processes that take a while to get used to. “The country’s well-education population [appreciate] that almost all prisoners will return to society. They understand [...] that the more the penal system can do within the small window of opportunity during a prisoner’s incarceration, the better it will be in the long run” (Paragraph 15).

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Traditionally, crime has been viewed as a violation against the state. Still too little attention is given to the fact that criminal acts are also violations of the victims and the communities. Punishing and correcting offenders’ criminal behaviors should not only be conducted using the concepts of retribution, incapacitation, and deterrence, it should also be designed to repair the damages done to the victims and the communities. Many benefits are associated with shifting to the restorative justice model, for the victim, the offender, and the community. Restorative justice benefits the victims by giving them a voice regarding the accountability of the offender.

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1678 Words | 7 Pages

However, crimes are committed whilst in prison, such as drugs and assaults. Some critics say the ‘three strikes and you are out’ law where repeat offenders get a longer sentence are wrong, as the third strike could be a lesser crime such as public disorder. Nevertheless, if just incapacitation and no rehabilitation some critics say will be costlier to society as they will go out and reoffend and, they are not employed and pay taxes. Rehabilitation is also a punishment which should improve the offender's behaviour and stop them committing crimes. Advocates of rehabilitation state prison does not work; however, critics of rehabilitation state prison does work as the criminal cannot commit a crime against the public while incarcerated (Cavadino, 2007 p 36/56).

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721 Words | 3 Pages

In the criminal justice system, the corrections component is also responsible for the rehabilitation of the convicted individual. It is their duty to attempt to make the defendant a productive member of society once again. Based on the individual’s behavior while incarcerated, the court and corrections officials may decide to place them on parole, which ensures that the individual will comply with the rules of society once they are fully released from the system. The criminal justice system is an essential role in the organizational structure of not only the United States but also in countries around the world. If there were no criminal justice system to administer punishment, the world would be unstructured, disorganized, unjustified, cruel, and not to mention a chaotic place for it citizens.

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