Preview

Punishment vs Rehabilitation

Better Essays
Open Document
Open Document
1652 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
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


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.
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Good Essays

    Chapter 1 Summary

    • 670 Words
    • 2 Pages

    Chapter 1 Summary

    Seventy percent of individuals involved in the correctional system are not institutionalized but rather involved in the community with some form of probation and or parole. (4)…

    • 670 Words
    • 2 Pages
    Good Essays
    Read More
  • Better Essays

    Cja 394 Corrections Trend Evaluation
    • 1193 Words
    • 5 Pages

    Cja 394 Corrections Trend Evaluation

    The corrections system in the United States is an ongoing struggle to house and rehabilitate individuals who violate the law. The resources put towards the United States correctional system is substantial but not sufficient. The United States continues to have a rising number of inmates incarcerated and in turn often times face overcrowding issues and shortage of funds to provide other rehabilitation focused classes and programs. The corrections system in the United States has proven to show trends throughout the years since the corrections system was established. In order for the corrections system to improve, it must be analyzed and changed…

    • 1193 Words
    • 5 Pages
    Better Essays
    Read More
  • Better Essays

    Cja/234 Week 2 Rehabilitation Research Paper
    • 1422 Words
    • 6 Pages

    Cja/234 Week 2 Rehabilitation Research Paper

    One objective in the criminal justice system is to rehabilitate offenders. In this paper, I will describe what rehabilitation is in prison, as well as provide the origin of rehabilitation. Next I will give a definition of parole and how it is different from mandatory release. I will also be giving a definition of probation and how probation compares to other forms of sentencing. This paper will also provide a definition as well as the options of community corrections. Lastly, I will critique the current rehabilitation and give my opinion on a better solution to the current parole process, the current probation system, and the current community corrections options.…

    • 1422 Words
    • 6 Pages
    Better Essays
    Read More
  • Good Essays

    The Pros And Cons Of Punishment
    • 207 Words
    • 1 Page

    The Pros And Cons Of Punishment

    As previously mentioned, if the punishment is not harsh enough the result is repeated offense. If a criminal relishes in committing a crime and the court system does not properly punish them for it, then they actually have no reason not to repeat the crime over again. The National Institute of Justice, part of the U.S department of Justice, studied how likely criminals are to relapse after being released, claiming that “Within five years of release, about three-quarters (76.6 percent) of released prisoners were rearrested” (Durose, Cooper, and Howard). This statistic proves that there is a significant chance that a criminal will indeed carry out the same action as before. The most significant way that an offender is punished is through what…

    • 207 Words
    • 1 Page
    Good Essays
    Read More
  • Good Essays

    Incarceration Between The Rehabilitation And The Punitive Model
    • 958 Words
    • 4 Pages

    Incarceration Between The Rehabilitation And The Punitive Model

    Given current trends in society today, the next era of corrections will be a hybrid model between the rehabilitation and punitive model. Thousands of studies show the positive and negative components of each of these models. The rehabilitation model was not properly measured years prior due to the lack of technology and society was critiquing the process because they were not able to see the benefits of the program first hand. The punitive model on the other had has had plenty of evidence on its success in increasing incarceration rates and creating issues with overcrowding and lack of funding. Nevertheless, each model has something positive they can bring to the table.…

    • 958 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    AJS 582: Criminal Justice Policy Process
    • 782 Words
    • 4 Pages

    AJS 582: Criminal Justice Policy Process

    The criminal justice system has multiple functions and takes on many roles within our society. However, there are many areas within the criminal justice field that use improvement and benefit from an overhaul within the system. The largest change within the system can and should be made within the corrections component of law enforcement. Although there are needed changes throughout the system corrections has proven to be the one component that has been ineffective at curbing recidivism in convicted criminals and is currently unable to provide reasonable outcomes for individuals that are released once they complete their sentences.…

    • 782 Words
    • 4 Pages
    Good Essays
    Read More
  • Better Essays

    Social Deviance: Societal Norms
    • 1239 Words
    • 5 Pages

    Social Deviance: Societal Norms

    The criminal justice system has many objectives which it intends to achieve through various punishments. One such objective is to deter social deviants by threatening them with the possibility of facing harsh punishment to pay for their crimes (Ferris & Stein, 2016). The criminal justice system also achieves retribution by responding to crime by retaliating or revenging the crime. The criminal justice system also incapacitates social deviants so as to protect members of the society through imprisonment or execution in some cases. Additionally, the system also intends to rehabilitate criminals so as to encourage them to refrain from socially deviant…

    • 1239 Words
    • 5 Pages
    Better Essays
    Read More
  • Good Essays

    Philosophy Of Sentencing
    • 851 Words
    • 4 Pages

    Philosophy Of Sentencing

    The complexities of human nature, emotions, thought, morals and ethics have been debated for centuries, and the dilemma of sentencing another human to a form of corporal punishment, incarceration or death, requires a firm foundation in the laws of the land, tempered by years of study and dedication to the law one has sworn to uphold. The several reasons for sentencing of a crime is: Revenge, for an actual or perceived need for vengeance on a violation, usually one that is very personal and emotional in nature. Incapacitation, which is to prevent the criminal from repeating crimes against society by placing them into a correctional facility on a long term or permanent basis. Restoration, is a form of sentencing when the convening authority is attempting to protect the victims by helping them to feel safe and secure. Deterrence is a sentence where the courts attempt to prevent the subject of a crime from offending again. Retribution, which is probably the oldest reason for sentencing was utilized for equal punishment to the crime, drawing from the old adage “eye for an eye”. Lastly is the sentence of rehabilitation, which in societies modern view, the ideal and preferred sentence,…

    • 851 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    The Effects of Punishment and Sentencing
    • 360 Words
    • 2 Pages

    The Effects of Punishment and Sentencing

    The four fundamental philosophies surrounding the purpose of sentencing are retribution, deterrence, Incapacitation, and Rehabilitation. Retribution is the belief that those who commit criminal acts should be punished according to the seriousness of the crime and that no other circumstances are considered. It relies on the principle of just deserts, which holds that the severity of the punishment must be in proportion of the severity of the crime. Deterrence is the thought that if the punishment given is severe enough that it will stop the potential criminal from committing the crime or to be a repeat offender, so rather than seeking only to punish the offender this strategy is to try to sentence to prevent future crimes along with incapacitation and rehabilitation. Incapacitation is the third philosophy that is a belief that if the criminal is detained for a crime, thereby being separated from the community reduces the criminal activity and once released will not be as likely to be a repeat offender. Rehabilitation is the fourth and final philosophy that surrounds the purpose of sentencing, some believe that society is best served when those who break the law are not simply punished but are provided with resources needed to eliminate the need or want to engage in criminal behavior activity. There are three steps to help determining sentencing. When public opinions move toward more severe strategies of retribution, deterrence, and incapacitation, legislatures have responded by asserting their power of over determining sentencing guidelines. The Legislature passes sentencing Laws; this specifies the terms of indeterminate sentencing. An Indeterminate term of incarceration is in which a judge determines the minimum and maximum terms of imprisonment. Only a jury can hand down the decision of the death penalty. When the minimum term is reached the prisoner becomes eligible to be paroled. Then there is determinate sentencing, this is a period of incarceration that is…

    • 360 Words
    • 2 Pages
    Good Essays
    Read More
  • Good Essays

    sentencing paper
    • 1042 Words
    • 4 Pages

    sentencing paper

    There are five major types of punishment. There are two types of deterrence: individual and general. Individual deterrence involves deterring someone that has already offended from reoffending. General deterrence is stopping those who would offend from offending because of the punishment that others are receiving. Retribution is the theory that the punishment is right because it is deserved. Retribution has been around for some time, it is better known to some as “an eye for an eye” or “a life for a life” in more cases. Rehabilitation is to bring back to life, through therapy and education. A goal of rehabilitation is to prevent habitual offending. Incapacitation is seen as a good consequence of punishment because while behind bars the offender is out of society and unable to reoffend. Reparation means that the offender must make restitution to the victim as part of the punishment as a part of their condition for reentry to society. Reparation may be added with incarceration or rehabilitation.…

    • 1042 Words
    • 4 Pages
    Good Essays
    Read More
  • Good Essays

    Goals Of Sentencing
    • 626 Words
    • 3 Pages

    Goals Of Sentencing

    For instance, retribution is focused on retaliation; and is not particularly concerned with mitigating future crime. In contrast, deterrence is focused on preventing future crime, but its effectiveness as a general deterrence remains unproven. Likewise, rehabilitation is aimed at preventing future crime, but historically, it has failed to mitigate crime rates. On the other hand, incapacitation seeks to deprive the offender of his ability to commit future crimes, but, suggests, that offenders are incorrigible. The aforementioned sentencing goals are related to distinct sentencing models. These include determinate sentencing, where “state statues determine the length of incarceration” (Zhang, et al, 2014, 694); and indeterminate sentencing, which sets a range of time of confinement, which is dependent of the offenders conduct while incarcerated. Sentencing models are usually accompanied concurrent and or consecutive sentences. Under concurrent sentences, and offender serves a prescribed amount of time of confinement for multiple crimes committed together. In contrast, consecutive sentences require offenders to serve jail sentences for each crime separately, one after the…

    • 626 Words
    • 3 Pages
    Good Essays
    Read More
  • Good Essays

    Punishment Vs Rehabilitation
    • 750 Words
    • 3 Pages

    Punishment Vs Rehabilitation

    In the 1700’s before there were correctional systems to incarcerate offenders, people were brutally beaten as a punishment until they became a little more humane and started putting them in jail to serve time as a punishment. In the early 1800’s the first real prison in the United States was available to put offenders away, this prison was called Philadelphia’s walnut street jail and this prison was viewed as the perfect opportunity for offenders to think about the crimes that they have committed and admit to what they have done. In the Mid 1800’s the Cherry Hill penitentiary was opened and this prison was said to be humane and gave the inmates the opportunity for rehabilitation.…

    • 750 Words
    • 3 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Prison Incarceration Vs Rehabilitation
    • 634 Words
    • 3 Pages

    Prison Incarceration Vs Rehabilitation

    The article in question discusses the concern rather or not the public should be financially responsible for prisoners as far as funding their sex change operations. The article first acknowledges that legally there are certain accommodations that need to be met for human beings. Therefore, a person's religious, ethnic or social status in society does not serve as an excuse for cruel treatment instead of giving respect to their natural born rights. On the other hand, the material expresses that after the Transgender Law Center brought two cases against the state of California and considering recommendations from psychiatrists, these procedures are necessary for the sanity of inmates. Along these lines, the context of the eighth amendment becomes…

    • 634 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Better Essays

    Rehabilitation Vs Incarceration
    • 1318 Words
    • 6 Pages

    Rehabilitation Vs Incarceration

    At 2.2 million inmates, the United States currently has the highest incarceration rate in the world. Approximately 1 per every 130 people are imprisoned and over 4 million people are on probation or parole. Despite the amount of people locked up, the U.S. has wildly fluctuating crime rates and the number of offenses per year has steadily been going up since the year 2000 (Henry). While the current prison system is highly debated amongst different groups, it is generally agreed that crime rates are still out of control. The current U.S. criminal justice system need drastic change because they currently fail to control crime, rehabilitation efforts are not working, and they unrightfully target people of color.…

    • 1318 Words
    • 6 Pages
    Better Essays
    Read More
  • Satisfactory Essays

    Corrections Notes
    • 349 Words
    • 2 Pages

    Corrections Notes

    Focuses on characteristics of the offenders instead of characteristics of the offense (how likely they are to reoffend?)…

    • 349 Words
    • 2 Pages
    Satisfactory Essays
    Read More

Related Topics