Corrections: From Rehabilitation to a More Punitive Model Essay

Discuss: The tension between rehabilitation and punishment in an incarceration setting. What happens when one is emphasized over the other? Is it possible to strike a balance?

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

The prevention and rehabilitation model is one that has largely been defunded, ultimately it costs less in tax dollars because it addresses the causes of crime and the rehabilitation of prisoners. The answer lies in the ideological

Community corrections is continually changing and has been for the past one hundred years. From the early to mid-twentieth century onward it has used three major models, the medical model, community model, and the crime control model. The major turning point for the American community corrections system that led to corrections as we know it today was in 1974 when What Works? - Questions and Answers About Prison Reform by Martinson was published. The system changed practically overnight across the nation. The notion of rehabilitating offenders was dismissed and a more punitive “lock them up and throw away the key” mentality took over. Presently the corrections system is still working in the crime control model, but professionals are trying to restructure how we deal with criminal offenders during and after incarceration. The difficulty in the restructuring is finding the balance between punishing criminal offenders proportionate to their crime, but also rehabilitating them to be productive members of society once they are released so that they do not recidivate.

The way the criminal justice system should handle crimes has always been a debated subject. For over the last forty years, ever since the war on drugs, there are more policies made to be “tough on crime”. From then, correctional systems have grown and as people are doing more crimes, there are plenty of punishments for them. In the mid 1970’s, rehabilitation was the main concern for the criminal justice system. It was common that when someone was convicted of a crime, they would be sentenced to prison but there would also be diagnosed treatments to help them as well. Most likely, they would have committed a crime due to psychological problems. When they receive treatment in prison, they can be healed and would not go back to their wrong lifestyle they had lived before. As years have gone by, people thought that it was better to take a more punitive stance in the criminal justice system. As a result of the turnaround of this more punitive criminal justice system, the United States now has more than 2 million people in prisons or jails--the equivalent of one in every 142 U.S. residents--and another four to five million people on probation or parole. The U.S. has a higher percentage of the

Incapacitation involves imprisonment for offenders who commit crimes to prevent the possibilities of future offenses. (Schmalleger & Smykla, 2009, pg# 74) Incapacitation has reduced the crime rate considerably. Some offenders get out on bail or bond, serve the minimum of the sentence and out on parole or probation. Offenders realize that is getting more and more expensive to cover up their crime. Therefore, they are expecting to be caught. Rehabilitation or reformation is another form of sentencing. Rehabilitation is a process of treatment for offenders to get them back on track. It gets to the core of why the offender acted this way. Restoration is a process that makes the victim, offender and society go back to their original conditions. Victims will be

Retribution has been associated with increased punishment, decreased treatment, but not with reduced recidivism (Andrews et al., 1990). Not only has there been no reduction in recidivism, there has also been no increase in deterrence through the use of punitive measures (Cullen & Gendreau, 2000). Deterrence-oriented interventions have actually been shown to increase recidivism by 12%, as demonstrated by Lipsey’s (1992) meta-analysis (as referenced by Cullen & Gendreau, 2000).

The “get tough approach” to crime control has been prevalent since the 1960s. This approach takes the stance to a more firm and no tolerance policy against crime, hence the term “tough” in the actual title. “"Tough" crime control normally denotes more emphasis on police resources, faster apprehension of criminals, quick trials, and more severe sentences for guilty offenders” (Skoler 1971:29). The “get tough approach” emphasizes the need to arrest and punish criminals over rehabilitation and addressing the social factors that underlie criminal behavior (Barkan and Bryjak 2011). Deterrence of other criminals through severe punishments is the primary focus. The “get tough approach” of criminal justice institutions has been under scrutiny due to the outcomes that we will discuss further on. The purpose of this paper is to simply present the pros and cons that have resulted from the “get tough approach” on crime. The paper will try and remain completely unbiased to the “get tough approach” and solely focus on results that have come from said approach. We will begin by discussing the background and history of the “get tough approach” and what led to its development. We will then discuss things such as incarceration rates (US Department of Justice), crime rates (Dilulio 1995) juveniles in prison (Hinton 2015), policies that have been implemented (Shephard 2002), correctional costs, and destabilized urban neighborhoods (Barkan & Bryjak 2011; Black 2007; Mauer 2006) that result

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

Today, more than 2 million Americans are incarcerated in either a state facility, federal correctional facility or a local installation (Batey,2002). Due to longer sentences, incorporating harsh sentencing guidelines, and mandatory minimum punishments (NeSmith,2015). With each inmate costing taxpayers an average of $30,000 annually. The Violent Crime Control and Law Enforcement Act of 1994 were increased sentences for a broad range of offenses, as well as establishing federal penalties for most murders and a large number of other crimes already subject to state law (Batey,2002). In addition to reducing the discretion of state judicial systems; as well as 85 percent of sentence satisfaction and establishing a mandatory life sentence for those convicted of three serious violent crimes or drug offenses (NeSmith,2015). .

Within the past decades, there has been a noticeable increase in the number of heinous crimes committed, causing some of the laws to significantly change. During the 1970s, some dramatic changes occurred when laws shifted from one extreme to another: rehabilitation to retribution. Such circumstances created an additional emphasis on the offense rather than on the offender. During the 1980s, the “get-tough-on-crime” era began; thus, radical changes in laws continued up until the late 1990s. Throughout the period of the Industrial Society, the United States had two bipolar types of punishment: harsh and lenient. Today, the main focus of the Criminal Justice System is about retribution and punishment.

The United States Supreme Court ruled that prison overcrowding in California was equivalent to cruel and unusual punishment. This decision recharged a long-standing disagreement among scholars and politicians as to whether or not courts should intervene to protect make changes. Some believe this is a matter or the well-being of those unable to make decisions for themselves. Others believe this is not a top priority and by forcing states to improve state institutions, the already costly industry will have cost increase. The journal also discusses the economic effects reform has had. Concluding that they have made positive changes at a slightly higher expense. The changes made by the state made the facilities closer to “humane” by court standards. (7)

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).

While incarcerated the individual may have the opportunity to receive rehabilitation. Does it mean that the individual will be rehabilitated? One can only imagine. This is a debatable issue. Is punishment or rehabilitation more effective in combating crime?