Canada Should Focus More on Rehabilitation and Less on Retribution

The tension between rehabilitation and punishment has been increasing dramatically. This is because there have been sharp rises in the prison population and repeat offender rates. When one area is over emphasized in relation to the other, there is the possibility that imbalances will occur. Over the course of time, these issues can create challenges that will impact the criminal justice system and society at large. (Gadek, 2010) (Clear, 2011) (Gatotch, 2011)

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

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

As a country, we should care about all of our citizens and work toward bettering them, because we are only as strong as our weakest link. When it concerns the issue of corrections it should not be a discussion of punishment or rehabilitation. Instead, it should be a balance of both that puts the spotlight on rehabilitating offenders that are capable and willing to change their lives for the better. Through rehabilitation a number of issues in the corrections field can be solved from mental health to overcrowding. More importantly, it allows offenders the chance to do and be better once released from prison. This paper analyzes what both rehabilitation and punishment are as well as how they play a part in corrections. It also discusses the current reasons that punishment as the dominant model of corrections is not as effective as rehabilitation. After explaining rehabilitation and punishment, then breaking down the issues with punishment, I will recommend a plan for balance. A plan that will lower incarceration rates and give offenders a second chance.

It is believed that punishment works to protect people from their criminals as it used to be seen as a fear in people’s mind to avoid inappropriate behaviour against other people, harming other people in certain ways and breaking the laws set by society or government. Punishment is a common view of human beings and they choose to behave appropriately towards their duty to follow rules set out by government laws to avoid fines or sentences. Sentencing is categorised n various degrees depending on the type and severity of crime committed, and imprisonment is considered as most common way to protect communities from its offenders and deterrent to re-offending all over the world. As Murray (1997) claims that punishment reduces crime

The United States prison population has grown seven-fold over the past forty years, and many Americans today tend to believe that the high levels of incarceration in our country stem from factors such as racism, socioeconomic differences, and drugs. While these factors have contributed to the incarceration rate present in our country today, I argue that the most important reason our country has such a high incarceration rate is the policy changes that have occurred since the 1970s. During this time, the United States has enacted policy changes that have produced an astounding rise in the use of imprisonment for social control. These policy changes were enacted in order to achieve greater consistency, certainty, and severity and include sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three strikes laws (National Research Council 2014). Furthermore, I argue that mandatory sentencing has had the most significant effect on the incarceration rate.

Today we see five prevalent goals of corrections including retribution, incapacitation, deterrence, rehabilitation and restorative justice. Goals employed in corrections change over time depending on several factors including the trends of thought in society and issues within the prison system. Politics as well as prison overcrowding also factor into determining which goal dominates. Retribution has a long-standing history as the most culturally accepted goal because people fended for themselves prior to organized law enforcement (Bartollas, 2002, p. 71). Incapacitation, the dominant goal currently, eliminates the threat by placing the criminal outside society, typically through incarceration, and preventing the criminal from having the ability to commit additional crimes. Deterrence, like retribution, has continued as a goal throughout history. In an effort to reduce the risk of crime, law enforcement attempt to deter criminals from committing crimes. Rehabilitation gained enormous strength with an attempt at moral redemption of the offender. Reformists believed corrections needed a makeover as they worked towards rehabilitation. Rehabilitation places more focus on the individual rather than the act in an attempt to rehabilitate the person. America did not begin to look at the corrections system more substantially until the 1970s as the idea of rehabilitation fell (Bartollas, 2002, p. 75). Restorative justice promises to restore the victim as the offender

In prisons today, rehabilitation, deterrence, incapacitation, and retribution are all elements that provide a justice to society. Prisons effectively do their part in seeing that one if not more of these elements are met and successfully done. If it were not for these elements, than what would a prison be good for? It is highly debated upon whether or not these elements are done properly. It is a fact that these are and a fact that throughout the remainder of time these will be a successful part of prison life.

This essay explains sentencing in the United States Criminal Justice system. The objectives of punishment in the United States corrections is to help deter crime and to ensure reoffenders don’t reoffend. Sentencing impacts the corrections system and society in a positive manor by eliminating offenders out of the community. Sentencing may include one of the following: probation, fines, prison, community service, probation and so forth depending on the state you reside and the type of offense you commit. Each crime committed doesn’t have a set sentence, therefore they are determined on a case to case basis. The main goal of the criminal justice system is to defend the community and serve justice. Sentencing plays a vital role in the Criminal Justice system.

Although, there is no evidence that suggests mandatory sentencing is effective at decreasing crime rate but ample evidence of its long-term felonious results. The US and other jurisdictions are an example of the ineffective results of this regime, choosing to decrease the use mandatory sentencing regimes because they don’t work.

Evidence suggests that we are more punitive when it comes to crimes relating to property and drugs, but not far from the norm when it comes to violent crimes. In the United States there is an unusually high incarceration rate, this is partly because

To formulate the law, it was decided that the most valuable approach to reduce violent crimes was through a mandated policy decision requiring identification through past behavior of those who demonstrated clear conduct to participate in violent criminal and whose conduct was not discouraged by the usual concepts of punishment. Reed (2004) stated, “The overall purpose of punishment within the criminal justice system is to prevent the commission of crimes to deter recidivism. For this objective to be successful, punishment must be effective in addressing the problems and solutions for the entire system, not just in individual cases” (p. 502). In reducing crimes, various methods and theories are taken into account. Some of these methods are additional police, additional courts, mandatory sentencing, and increased prosecutorial resources (Reed, 2004). Because the Three Strikes Law varies from state to state, this leads to the many problems it causes in the criminal justice system.

Until the early 1970s, the sentencing of crime convicts was based on the principle of rehabilitation of juvenile and adult offenders. Legislatures set maximum authorized sentences for various types of crimes and judges decided on the prison term or probation or fines. Correctional officials and parole boards had the powers to reduce the time served for good behavior and release prisoners early. In the 1980s and 1990s, the emphasis shifted to deterrence by imposing mandatory minimum sentences for certain types of crime, heavier sentences for habitual offenders and the “three-strike” rule for felony convictions. Public opinion supported these changes in the belief that prison terms were just retribution for crimes and incarceration kept criminals off the streets (Mackenzie, 2001).

Today punishment is the most dominant correctional goal of both the state and federal government in response to criminality. The purpose of punishment is to protect society, rehabilitate criminal offenders, and reduce recidivism. In both the state and federal correctional institutions, their objectives are to use punishment as form deterrence while

Over many years there has been great debate about whether rehabilitation reduces the rate of recidivism in criminal offenders. There has been great controversy over whether anything works to reduce recidivism and great hope that rehabilitation would offer a reduction in those rates. In this paper I will introduce information and views on the reality of whether rehabilitation does indeed reduce recidivism. Proposed is a quasi-experiment, using a group of offenders that received rehabilitation services and an ex post facto group that did not? I intend to prove that rehabilitation services do