Determinate Sentencing Models

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)

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

Since many inmates return back into our communities, the Reformatory Era helped decrease the impact of imprisonment on long term inmates as see under the Principle of Normalization. This principle explained how conditions of prisoners should correspond as much as possible to the living conditions in the general society. A solution during this era was parole. This gave the offender the opportunity for early release based on their behavior. Offenders were given a minimum and maximum period of incarceration which is also known as indeterminate sentencing. New York adopted indeterminate sentencing during 1876. Since prisoners had indeterminate sentencing, they could be paroled and able to achieve goals that were set to them by their “handler”. Probation soon spread all around the United States giving different approaches to they way criminal justice policies were

The part that is consistent with my view on deterrence is that one of the goals of rehabilitation is to deter and prevent future crime. “Punitive confinement may rehabilitate some so that after release they commit fewer offenses than they might otherwise have committed. In addition, rehabilitative treatment tries to lead the convict to choose legitimate over criminal activities upon release” (Van Den Haag, 769). This deterrence gives offenders the ability to succeed within the confines of the law. I will accept this part of the rehabilitation theory because it reflects my views on the deterrence theory and acts as a discouragement for future crimes, providing happiness and order in society. There is however, an additional part of the rehabilitation theory I cannot entirely accept. Under rehabilitation, programs are put into place to aid in restoring the offender to a “new” life and way of living. The offender post punishment is better able to form a meaningful life. The offender’s attitude and perception of themselves and others is believed to have altered through these programs. Offenders receive education that provides knowledge and skills necessary to

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.

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

Prisons not only rehabilitate, but they also deter people from going to prison. The fear of going to prison is a great deterrence for a perspective criminal. Hard life styles along with loss of freedom tend to push the criminal away from the chance of being incarcerated. Numbers show that there are fewer rapes, and fewer murders, each year, all an obvious product of prison deterrence. After all, if a person has a friend who just got out of jail, and hears all of the war stories, that person would surely not want to go to prison and end up like his friend. By making life in prison hard, the prison is doing a great job in getting the word out. Prison is no joke! They are doing their job in deterring criminals from wanting to enter the gates of hell.

Due to the increase of correctional populations that continue to exceed its’ capacity, correctional alternatives were created. Correctional alternatives were to alleviate both prison crowding and the threat to public safety posed by serious offenders (Flores, Holsinger, Latessa, Lowenkamp, & Makarios, 2010). Rehabilitation in the 1970s was a variable correctional goal however by the 1980s intermediate sanctions developed . Intermediate sanctions consist of house arrest, electronic monitoring, boot camps, day reporting centers, intensive supervision probation or parole, community service, fines, and curfews (Tonry, 1990). These sanctions offer community based punishments that focus on deterrence, incapacitation, and retribution (Tonry, 1990).

Mass incarceration is a major problem in the United States. Since the tough on crime movement that began to emphasize more punishment and creating new policies such as; three strikes law, truth-in sentencing laws, mandatory sentencing, and determinate sentencing, our prisons and jails have become overcrowded. The three strikes law increases the prison sentence of an offender convicted of three felonies or serious crime. Usually the punishment ranges from a minimum of 25 years to life in prison. The truth-in sentencing laws require the offender to serve a substantial amount of their prison sentence (usually around 85 percent) before they are eligible for release on parole. The mandatory sentencing requires a minimum period of incarceration that the offender must serve regardless of the history of the offender or the nature of the circumstance. These get tough policies have implicated longer prison and jail sentences and has reduced the amount of discretion that the judges, parole/probation officers and prison and jail administrators. These actions have consequently increased the prison and jail population, which causes an increase in money spent on jails and prisons.

In the past four decades, there has been a staggering increase in the United States prison population at the local and state level. Currently there are 2.2 million people in the nation’s prisons and jails that has added up to a 500% increase over 40 years (The sentencing project). The cause of this prison growth is a variety of laws and punitive sentencing policies that were initiated starting in the early 1970’s. Policies such as harsh drug penalties for non-violent crimes, Mandatory Minimum Maximum sentences and the Three Strikes law have all contributed to America’s current problem of mass incarceration.

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).

Determinate sentences are those in which the offender is given a fixed term that might be reduced based on good behavior or earned time. There is usually underlying expectations on the amount of punishment and a set release date with no review by

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

Sentencing models are plans or strategies developed for imposing punishment for crimes committed. During the 19th century these punishments were normally probation, fines and flat sentences. When someone was given a flat sentence, he or she had to serve the entire sentence without parole or early release. However, by the end of the 19th century the new models were developed. These new models include indeterminate, determinate, advisory/voluntary guidelines, presumptive and mandatory minimum sentencing (Schmalleger & Smykla, 2011).

One aspect of rehabilitation is the use of individualised sentences - penalties aimed at the individual needs of the offender. This is in direct contrast to the concept of set sentences seen in the aim of retribution. One of the criticisms of this approach is, therefore, that it leads to inconsistency in sentencing. Incapacitation means that in some way the offender is made incapable of re-offending.