Punishment vs Rehabilitation
Punishment vs. Rehabilitation
Helen Olko
October 1, 2012
Abstract
The expectations that our society has for the criminal justice system is to punish and rehabilitate individuals who commit crime. Punishment and rehabilitation are also two of the four acknowledged objectives of the criminal justice system, with deterrence and incapacitation being the others. In the United States, punishment has always been the primary goal to achieve when dealing with individuals who commit acts of crime. Many theorists throughout history have argued which is more effective, punishment or rehabilitation.
Deterrence is one of the primary goals in the criminal justice system and it is described as special or specific deterrence and general deterrence. The purpose of special/specific deterrence is to instill fear in the offender so that they will not commit future crime. General deterrence is based on punishing offenders to instill fear in society, otherwise known as teaching society a lesson and showing the consequences of committing a crime. Punishment has always been imposed based on the idea that it will deter individuals from committing crime or repeating criminal acts. Incapacitation has been the most common form of punishment; however research demonstrates that recidivism amongst convicted felons following release from prison is as high and that most prison inmates had arrest records and convictions prior to their current offense. Punishment through incarceration is a temporary fix to crime while the offender is confined. The maximum sentence of life in prison and the death penalty has even been debated on whether they are actually deterrence to crime. There are so many underlying factors within the criminal justice system that may contribute to why punishment has not been as effective as anticipated such as the appeal process in death penalty cases and the length of time that an
Helen Olko
October 1, 2012
Abstract
The expectations that our society has for the criminal justice system is to punish and rehabilitate individuals who commit crime. Punishment and rehabilitation are also two of the four acknowledged objectives of the criminal justice system, with deterrence and incapacitation being the others. In the United States, punishment has always been the primary goal to achieve when dealing with individuals who commit acts of crime. Many theorists throughout history have argued which is more effective, punishment or rehabilitation.
Deterrence is one of the primary goals in the criminal justice system and it is described as special or specific deterrence and general deterrence. The purpose of special/specific deterrence is to instill fear in the offender so that they will not commit future crime. General deterrence is based on punishing offenders to instill fear in society, otherwise known as teaching society a lesson and showing the consequences of committing a crime. Punishment has always been imposed based on the idea that it will deter individuals from committing crime or repeating criminal acts. Incapacitation has been the most common form of punishment; however research demonstrates that recidivism amongst convicted felons following release from prison is as high and that most prison inmates had arrest records and convictions prior to their current offense. Punishment through incarceration is a temporary fix to crime while the offender is confined. The maximum sentence of life in prison and the death penalty has even been debated on whether they are actually deterrence to crime. There are so many underlying factors within the criminal justice system that may contribute to why punishment has not been as effective as anticipated such as the appeal process in death penalty cases and the length of time that an
References: Cullen, Francis and Gendreau, Paul Assessing Correctional Rehabilitation: Policy, Practice, and Prospects, Criminal Justice 2000 Vol.3 De Luca, Miller Thomas and Wiedemann Carl Punishment vs. Rehabilitation: A Proposal for Revising Sentencing Practices Federal Probation A Journal of Correctional Philosophy and Practices Vol LV, Issue 3 September 1991 http://idebate.org/debatabase/debates/law-crime/house-believes-criminal-justice-should-focus-more-rehabilitation Accessed on September 29, 2012. http://www.ehow.com/about_6672983_prison-vs_-rehabilitation-centers.html Accessed on September 30, 2012. http://www.cliffsnotes.com/study_guide/Theories-of-Punishment.topicArticleId-10065,articleId-10039.html Accessed on September 30, 2012. http://www.adamgoldfein.com/2012/08/punishment-or-rehabilitation/ Accessed on September 30, 2012.