Cruel And Unusual Punishment

The only goal the correctional system has is to punish those who are incarcerated, so they never commit another crime and have to come back. It is the most common way of punishment besides capital punishment, parole or probation. Its supose to teach them a lesson and be the most affective way, but is it? The correctional system is also supposed to rehabilitate inmates. Rehabilitation, if done well,

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

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.

David Figueroa Eng. 101A Professor Stern 4/20/15 Final draft In conclusion, in discussions of torture, one controversial issue has been on the use of it. On one hand, the people against torture argue that it is cruel and unusual punishment. On the other hand, those for torture argue that it should be used for the greater good. Others even maintain that under extreme circumstances, it may be admissible if it can save American lives. My own view is that no one should be subjected to cruel punishment because it is not only illegal, unreliable, ineffective, time consuming, it also has too many flaws that could potentially ruin innocent lives. The definition of torture is any act, whether physical or emotional, or maybe both, is intentionally subjected to a specific individual or a group for many reasons. Most of these reasons that torture is administered is for extracting information from an individual or just for punishing him/her for a crime that he/she has committed or is suspected of committing. The use of torture can be used to intimidate a person to give information that may be beneficial for a nation. The use of torture has been used for many centuries. The purposes of using torture have changed over the years as well as the methods in which a person is tortured. One crucial piece that has been established that separates us human beings from barbarians is the prohibition of using torture. There are many reasons why torture has been deemed a crime now in society. There are

The death penalty was established as a form of punishment as far back as the 1600's. There are many controversial issue's in our world today whether it goes against our civil rights or not. As of today there are thirty-two states who still allow the death penalty and seven states who have completely abolished it ( Norton,W.W.& Company, Inc 115.) Even though the use of the execution has gradually decreased, there have still been many cases in the past years that states have still used it. At one point there was a time the Supreme Court ruled the death penalty unconstitutional, but after a couple years the court allowed states to bring back the death penalty. The courts have struck down many laws where states have tried making it mandatory in

Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means

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.

The mandatory sentence of two years’ imprisonment is unconstitutional because it is “cruel and unusual punishment” which infringes upon the accused’s right not to be subjected to such treatment. Firstly, it is determined that the mandatory minimum sentence in this case is grossly disproportionate to the accused’s circumstances and would be reasonably foreseeable that the provision would have the same overreaching effect on other offenders. Secondly, the provision in question in the Controlled Drugs and Substances Act is not saved by section 1 of the Charter as it has failed the prescribed Oakes test. The test gives weight to the law’s objective in comparison to the means of achieving it, which in this case, impaired too heavily on the right of the accused.

Those criminals need to be corrected and helped, and then brought back into their societies and Imprisonment is thus not meant to be an avenue for inhumane treatment for members of the community who err in their behavior.

The death penalty till this day remains to be a very controversial topic. Some people may argue that it should be considered a form of cruel and unusual punishment; others may rebuttal in saying that the death penalty is capital punishment. When visiting the idea of placing someone to death one must bear in mind the possibility of condemning an innocent person through such torture, the brutalizing effect on society it may leave, and the serious psychological trauma that a defendants family and friends may face. Is this really what the justice system is willing to place on the line in order to gain a form of so called justice. I mean reasonably speaking what will anyone gain from such an action. It definitely will not bring the harm to be undone. As stated in the encyclopedia under the theory of judicial torture “ the use of torture was confined to capital crimes, for which the death penalty or mutilation could apply” (PIHLAJAM, 2004). Looking at how the death penalty is conducted people should not be treated like animals, given a due time to be put down. No human being deserves such treatment whether or not his or her offense was so horrific and traumatic. Is that not the lesson being taught to society when the criminal is captured? Yet, the law as a jury of peers, men just like the accused, may cast the same sin upon him. Why should this action be considered in any way to be fair or believed to be capital punishment?

Mass incarceration is the greatest moral and racial injustice of our time. There are 2.2 million people that are imprisoned. 39% of prisoners should not be in prison. People who commit crimes should not go to prison, unless such crime is severe and harsher punishment is needed to be placed. "As a society, we have chosen to prioritize the public safety of our citizens over programs designed to enhance the personal growth of inmates."- Quarts - Allison Schrager The only rational purpose for a prison is to restrain those who are violent, while we help them to change their behavior and return to the community. Prison is meant to give offenders punishment for their actions but to also help them understand why their actions isn’t righteous. Rehabilitation programs in prison are the alternative to a lengthy sentence. It helps build the character and skills so that prisoners can be able to function as citizens in society. Unfortunately, that is not what’s happening in prison as of today. The system is very broken and certain crimes that have been committed should not result to incarceration because there are other alternatives that best suit the consequences of the crime.

The suffering, pain, or humiliation, of a person is considered cruel and unusual punishments and is not acceptable by the Eighth Amendment which states the prohibiting the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishments. With this amendment you have the rights of; protection from physical brutality, rape, sexual assault, and sexual harassment, your rights to decent conditions in prison, also your rights to medical care.

From 1973 to 2000 the imprisonment rate in the U.S has increased by a multiple of four, while the actual crime rate saw no such increase over that period. (Visher and Travis, 2003, p. 89-90) Historically, the prison system in America had always been marred with inadequacies and failures, specifically in rehabilitating prisoners. The significant increase in incarceration rates have put an even greater burden on the already inefficient prison system. In reality, the prison system does not actually function as a means of rehabilitating prisoners, and real purpose of the institute is to basically keep the “deplorables” of society away from the public eye. It serves as a tool to degrade members of society to the bottom of the social ladder and strip them of their most basic rights. For many prisoners, rehabilitation comes in the form of “corrections” which is largely characterized by the humiliation, abuse, and subjugation of inmates by correction officers. This form of rehabilitation is largely malicious and ineffective in its procedures and outcomes. Often times inmates, leave prison more emotionally and physically damaged that they were upon entrance as a consequence of the dismal conditions they were subjugated to. The current high rates of recidivism have testified to the fact that our prisons have failed as a deterrent. As a result, it must be

     The idea of sentencing a criminal for a period of time in a prison isn't working, so prisons should focus more on changing their rehabilitation programs. Life in prison should be like the outside world as much as possible, given the fact of imprisonment. Prisoners would be less prepared if the prison environment is artificial and abnormal compared to the outside world they will have to encounter later on. A prisoner also needs to keep family ties. Research in

The realities of correctional enterprise concur with justifications of punishments with some cases. All criminals are not the same. There are criminals that need help but do not get help there for result in criminal activity. Then there are the criminals that are flat out insane. The correctional stage can be effective; it just depends on the sanity of the criminal.