Incarceration : Balancing Punishment And Treatment

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

We can date the United States criminal justice policies all the way back to the 17th Century. Although it is nothing compared to what we have today, there have been improvements along the way. One of the major reform needed in our corrections system are the war on drugs and overcrowded prison. The history of corrections in the U.S. has been seen through four major eras known as the Penitentiary, Reformatory, Reintegration, and Retributive Era. Each era has tried to explore the best way to deal with people who have broken the law. Based on the ideas of each era, we’ll explore which reform needs to be implemented.

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.

In his chapter on “Assessing the Prison Experiment,” he explained that the increase of crime rate is not the sole reason that mass incarceration occurs, and it was also because the courts and the legislature did indeed became “tougher” on offenders (Currie 14). Currie discussed the circumstances of the war on drugs, which was launched by President Richard Nixon. He indicates that the incarceration rate and sentence longevity were increased dramatically since the beginning of the war on drugs. Some of these offenders were given a sentence for more than ten years without the possibility of parole, which is taking away any chance of the prisoner being released before the completion of his or her sentence. Locking people up is a failed attempt to descend the crime rate, and the adoption of mandatory minimum sentencing law is the root of mass incarceration. The government should reconsider the current sentencing laws and reform the correctional system in order to solve the current mass incarceration problem. Furthermore, establishing more community-based programs for youth offenders and initiating early release programs are excellent alternatives to resolve the issue of mass incarceration from both long-term and short-term perspectives, respectively.

During the past decade, there has been a newly found interest in prisoner reentry. This is due to a change in many of the factors surrounding the release of convicted felons and their reentry into to the community (Visher, C. A., & Travis, J. 2003). The number of people incarcerated in the United States prisons has quintupled and correctional facilities are working on getting them back into the community. Over half of the convicted felons that are released from prison return to correctional systems within one year of their release date. One of the most common reasons for their return into the prison systems is because many

With regard to solutions, considerable attention has been paid to the federal prison system. Between 1980 and 2013, the federal prison population increased by 790% from 24,640 to 219,298. Since peaking, the number of federal prisoners has lowered to 190,452 today. The decline is the result of criminal justice reform efforts in the past few years, such as former U.S. Attorney General Eric Holder’s modification of the Department of Justice’s charging policies in 2010 and the U.S. Sentencing Commission’s passage of Amendment 782 (“drugs minus two”) in 2014. In spite of their moderate success, such responses have failed to

The incarceration rate in America is high. In fact, the highest in the world (Zuckerman, 2014). But should it be? According to Bibas (2015), “Though America is home to only about one-twentieth of the world’s population, we house almost a quarter of the world’s prisoners.” (para. 1). America, it seems, in its ‘War on Drugs’, has been incarcerating criminals, even non-violent drug offenders, at a high rate. As more offenders are being incarcerated, more stories are being written, including horror stories about what goes on behind prison walls. Considering the nature of some of the crimes committed by inmates, and being mixed in with the violent criminals, non-violent offenders have no place in this hell. Because of overcrowding, abuse of the inmates, and the lack

The United States’ prison population is currently number one in the world. As a nation that proclaims freedom for citizens, the United States houses more than one million more persons than Russian and almost one million more persons than China. Currently, the United States makes up five percent of the world’s population and imprisons twenty-five percent of the world’s inmate population. Drug offenders who committed no act of violence make up a large portion of the inmates in the United States. County, State, and Federal prisons are so over populated that the private sector has opened up corporate facilities to house convicted persons. The cost each year to hold a person rises, placing larger financial demands on the judicial system. The Judicial System of the United States should reevaluate the sentencing guidelines for non-violent drug offenders to alleviate the high number of people in the prison system.

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.

This paper explores several different sources that cover some aspect of how the United States Penal System went from the Rehabilitative Model to a punitive system. Bryan Stevenson and Betsy Matthews have written about how drug enforcement and the “War on Drugs” are responsible. Yeoman Lowbrow’s analysis of the crime rate and statistics will be considered alongside Matthews’ analysis of the different political parties’ changing views. The change in United States sentencing practices as a result will also be considered. In the conclusion a brief summary of a predicted future will be

Longer sentences has been a major cause of mass incarceration. Thus, changing how governments respond to all crime, not just drug crime, is critical to reducing the size of prison

The criminal justice system focuses more on criminalization and incarceration than it does on rehabilitation. The United States of America wins the award for the highest incarceration rate in the world with over 2.3 million people in correctional facilities. America itself contains only about five percent of the world population, but accounts for twenty-five percent of the world’s prisoners (American Civil Liberties Union). With a longstanding history of mass incarceration and

The United States prison system struggles eminently with keeping offenders out of prison after being released. According to the Bureau of Justice Statistics, more than third of all prisoners who were arrested within five years of released were arrested within six months after release, with more than half arrested by the end of the year (Hughes, Wilson, & Beck, 2001). Among prisoners released in 2005 in 23 states with available data on inmates returned to prison, about half (55 percent) had either a parole or probation violation or an arrest for a new offense within three years that led to imprisonment (Durose, Cooper, & Snyder, 2014). Why are there many ex-offenders going back to prison within the first five years of release? Are there not enough resources to help offenders before or/and after being released from prison.