This paper will discuss the elements debate between the effectiveness of punishment and rehabilitation. The Punishment model basically moves for offenders to stay imprisoned for lengthy periods of time to reduce recidivism. There are questions to whether or not this model is effective and studies show that most offenders who stay in jail and prisons for a long period of time tend to recidivate and commit other crimes. The Rehabilitation model seeks for reformation of the offender by going into their personal lives to seek the reasons for criminal behavior. This theory is viewed as effective because offenders who go through this model tend to go on and not commit other crimes. This theory is also ineffective because some of the offenders who go through the model can learn of ways to commit even more heinous crimes. This paper will also seek to discuss the effects of the victims and their families, the social effect that it has on society, and the fiscal effect on society.
Keywords: rehabilitation, punishment, effectiveness, recidivism, sentencing
Clarence E. Gideon and Criminal Proceedings
The criminal court system has many elements and components that effect how each of the different courts operates. These elements and components have changed, some for the better and some and for the worst. According to the article “Criminal Cases”, the key players in criminal cases are the U.S. attorney, or the prosecutor, and the grand jury (“United States Courts”, n.d.). The role of the U.S. attorney is to represent the state in all criminal prosecutions and most court proceedings. The role of the grand jury is to review evidence presented by the U.S. attorney and make a decision if the evidence is substantial enough to require the defendant to stand trial. There are many steps taken from the time of an arrest to the time an offender is sentenced and missing one of the steps could cause a flaw in the offender’s due process of the law. After an arrest is made, pretrial services conduct an interview and investigation into the defendant’s background (Criminal Cases). From the information obtained, the judge makes a decision on whether to release the offender to the community or whether to impose conditions upon release (Criminal Cases). Once an offender stands in initial appearance, the judge provides the defendant with the knowledge of the charges being filed, considers if the defendant should be held in jail until trial, and makes the determination that there is probable cause that an offense was committed and the defendant is actually the one who committed it. Defendants unable to afford counsel are advised of their right to a court-appointed attorney (Criminal Cases). After all of this takes place, the State has to find the burden of proof. According to the article, the standard of proof in a criminal trial is “beyond a reasonable doubt,” which the evidence must be so strong that there is no reasonable doubt that the defendant committed the crime (Criminal Cases). Defendants are not responsible for proving their innocence, but it is the responsibility of the State to prove the defendant’s guilt. When a not guilty verdict is handed down, the offender is released into the community and can never be tried for the same case again because of the Constitution prohibiting double jeopardy. When the verdict is guilty, it is the judge who determines the sentence in accordance to the sentencing guidelines issued by the United States Sentencing Commission (Criminal Cases). Even though the U.S. attorney and grand jury are the principal players, the counsel of the defendant also plays an important role. Their main role is to give their client adequate counsel so that they may maintain their innocence. It is only when no counsel is appointed that a problem may ensue for the defendant. Gideon v. Wainwright of 1963, helped to change the right for counsel in many of the states and especially Florida. In the case, Clarence Gideon was accused of stealing from a local bar in the Bay County area of Panama City, Florida. He was accused of stealing $65, 12 beers, 12 Cokes, and four fifths of the bar’s cheap wine which all amounted to $100 (Krajicek 1). Gideon was identified by an eyewitness, Henry Ford, and was said to have been leaving the bar in a taxi with all of the stolen items. Hours later, Gideon was arrested and maintained his innocence with the police officers. According to the Krajicek article, Clarence Gideon was no stranger to the courtroom and he knew that he was entitled to have a lawyer represent him and clear his name; however, the judge, Robert McCrary, told him that he could not have a lawyer because under the State of Florida laws, counsel could only be appointed to defendants that had been charged with capital offenses.
The fiscal aspect of punishment and rehabilitation play a major role in the effectiveness of the both types of sentencing models. With there being inadequate funding for different rehabilitation programs
Smith, P., Goggin, C., & Gendreau, P. (2002). The effects of prison sentences and intermediate sanctions on recidivism: General effects and individual differences. Ottawa, Canada: Solicitor General Canada. Inayatullah, S. (2011). Crime and Prisons: Beyond the rehabilitation and punishment debate. Retrieved from http://www.proutglobe.org/2011/05/crime-and-prisons-beyond-the-rehabilitation-and-punishment-debate/