Is The Criminal Justice Reform?

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)

Unlike jail or prisons, which create an expensive cycle of violence and crime, these alternatives actually prevent violence and strengthen communities. Community corrections programs provide

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 American Flag is perhaps the most symbolic piece of art representing the United States; the 50 stars represent the 50 states; the colors symbolize valor, purity and justice; and the 13 stripes represent the 13 original colonies. But for some, these stripes also represent the 2.2 million people held in the American criminal justice system, moreover they represent the disproportionate rate that minorities in the U.S. are incarcerated. What some consider the greatest democracy in the world, is really a camera-obsucra, inverting the reality of what freedom and justice mean in the United States. Nixon’s war on drugs during the 1970’s, that declared drugs as the most important public enemy, leading to the spike in racial and ethnic

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.

An option for Community Based treatment can be unpaid community service, which offers them an opportunity to pay back the communities they have victimized and offended. In addition to the community work, “Community work can help offenders make a fresh start in life. Offenders given work opportunities and skills are less likely to reoffend and many projects incorporate accredited training. Community work can increase offenders’ self-esteem and well-being and give their lives new purpose and direction” (Corrections, Prisons & Parole). As they work on themselves and pay their debt to society, they improve the environment in the communities and they free money in the budgets that are in place to pay for these services. When less money is spent on cleanup efforts, it leaves room for improvement in other social

The overcrowding prison reflects that the inmate population has grown much faster than the funding for prisons, which is controlled at the state level. In most cases, state funding has not come close to keeping up with the rise in the prison population, leading to decrepit prison infrastructure that is wholly inadequate for housing such large numbers of inmates. Without capacity to house inmates properly, some prisons have resorted to having prisoners sleep in gymnasiums, and many have overcrowded cells to accommodate the extra bodies. This overcrowding has led to deteriorating cleanliness of prisons and declining safety. Today, non-violent prisoners are forced to live in close quarters with violent ones, and the results are predictable.

The Criminal Justice System has undergone numerous, yet significant, changes within the last century. In fact, current research reflects the progressive movement from one of rehabilitation to that of punishment and retribution. Such transition reflects issues pertaining to the management and supervision and treatment of offenders. This study will, therefore, consider and evaluate dilemmas within the Criminal Justice System, as well as, issues that have transpired while trying to reduce crime through punishment. Furthermore, the Criminal Justice System will be discussed through a law perspective regarding supervision and management in order to understand the current challenges and issues involving crime.

Based on the information gathered from different materials, proceeding with jails, prisons, probation, parole, juvenile, and community corrections may range from many perspectives. Jails and prisons are different from a few perspectives, but it may also vary on the length of time to serve for punishment. Parole and probation are reservation options to help educate criminals about ethical knowledge. Community corrections are also provided to help keep the environment safe from harm. After evaluating the past, present, and future trends of community-based corrections, the program has helped develop other alternatives for offenders. This will help the criminals

It has long been acknowledged that an offender who as a result to mental disorder, is incapable of understanding the nature and quality of a criminal act, or of recognizing that it was wrong, should not be convicted. Bill C-54 the Not Criminally Responsible Reform Act deals with the accused who has been found Criminally Responsible because of mental disorder. Not Criminally Responsible (NCR) is defined in Section 16 of the Canadian Criminal Code, stating that if someone is deemed NCR he or she cannot be held accountable for the offence they’ve committed, merely if at that time they were suffering through a mental disorder. The Bill will enact three main factors which will affect the mental disorder regime

Prison’s were established a long time ago to try to put an end to the rapidly increasing crime rate, however over time we are seeing the effectiveness of the most prisons decreasing. As a result of this epidemic, prisons have a higher recidivism rate and over 40 percents are currently operating over maximum capacity (Holder.) Through different types of research, we are finding out that our prison systems are no longer effective and there is a serious need for improvement. The United States has only 5 percent of the world’s population, yet we incarcerate almost ¼ of the worlds prisoners (Holder.)

From the Oval Office to the campaign trail to the streets of Chicago, Baltimore, and cities across the country, criminal justice reform was a prominent topic of discussion in 2015. But will all of that talk result in any action in 2016?

There have been a number of changes within the legal and criminal justice system in the last 3-4 decades. History remembers, for example, the Kent State and Chicago Democratic Convention riots in 1968, and since then, a number of criminologists and political scientists have been asked about the use of force, rights-based policing, community involvement, and crime prevention (Russell 2005). The Red Cross and Amnesty International, for instance, have endorsed a rights-based policing model. This idea tempers all police activity with the basic tenet of human rights and rights under the Constitution. Central to this argument is the nature of the relationship between the community and the Criminal Justice System. Local law enforcement bond with community members to implement the day-to-day needs of that community. The idea centers around a basic philosophical tenet: use less force, communicate more, pay attention to human rights, and work to dialog and prevent, not to punish and incarcerate (Williamson 2008).

Reducing the recidivism rate is necessary for citizens, inmates, families. The residents will feel safe knowing that the prisoner that was released won’t try to harm them. The inmates so that they can travel down a different path in life and learn how to support themselves without the aid of criminal activities. The families so that their lives can be less stressful fearing that something may happen to their husband, father, mate, brother or sister. There are challenges for the inmate when they re-enter society, fear of returning to prison, of not being able to find work, and being in the control by the criminal justice system if they’re on parole or probation. The programs that are available may have limited space or the inmates don’t know about them. The former inmate will need guidance for them to navigate the challenges of being released from prison and without it there is the reality of returning to jail.

One of the most interesting things I learned from doing my research on community corrections in my jurisdiction is how the criminal justice system is committed to being fair and balanced. I have observed in a court arraignment how a judge briefed everyone in the court about proper protocols during the hearings .The judge said he could not start court hearings unless a prosecutor was present, and that he cautions the inmate the right to remain silent, and also discussed to the inmate his rights. Community-based corrections developed as a result of dissatisfaction with institutional confinement and in recognition of the problems encountered by inmates reentering society after prolonged incarceration. Belinda R. McCarthy, Bernard J. McCarthy, Jr,& Matthew C. Leone (4th edu.). (2001) Community-Based Corrections. Belmont, CA: Wadsworth Group. In writing this paper I will inform and discuss the various programs and rules applied to handle offenders who have violated state laws according to the criminal justice system in NC. I will write about the following subjects in the following order: 1) Parole and probation, 2) Community and drug courts, 3) Pretrial release, 4) Victim aid, and 5) Community service (as a function of service of sentence).