Prison Incarceration And The Criminal Justice System

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)

By the lack of rehabilitation programs in the state and federal prison systems, the chances of convicts releasing and returning back to prison increases rapidly. The lack of rehabilitation is one of the most leading causes to an offenders relapse or to a new crime that will be committed within 3 years from the offender’s release. A rehabilitation program

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.

Over the past few decades, the United States has witnessed a huge surge in the number of individuals in jail and in prison. Evidence suggests the mass imprisonment policy from the last 40 years was a horrible catastrophe. Putting more people in prison not only ruined lives, it disrupted families, prevented ex-prisoners to find housing, to get an education, or even a good job. Regrettably, the United States has a higher percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is increasing exponentially. The expense produced by these overcrowded prisons cost the country a substantial amount of money every year. Although people are incarcerated for a number of reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. By researching mass incarceration, I hope to get society to understand that incarcerating an individual not only effects the family, but we will look at the long term consequences on society and how the United States can remain safe and, at the same time, undo much of the damage that results from large-scale imprisonment.

Adversity is condition all humanity must preserve through, so people can find their true selves. Fighting adversity is concurrent to American society; but, the criminal justice’s usage of mass incarceration affronts this American idealism. Due to big business standing to gain from African American labor, the usage of mass incarceration is reminiscent to American slavery which encourages an inequality which society does not acknowledge.

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.

In the 1970s and 1980s, a massive amount of inmates began fillin up the United States prison systems. This huge rate of growth in this short amount of time, has greatly contributed to the prison overcrowding that the United States faces today. In fact, the prisons are still filled to the seams. This enormous flood of inmates has made it practically impossible for prison officials to keep up with their facilities and supervise their inmates. One of the main reasons why many prisons have become overcrowded is because of states’ harsh criminal laws and parole practices (Cohen). “One in every 100 American adults is behind bars, the highest incarceration rate in the world” (Cohen). The amount of inmates in corrections systems, throughout the

In the last few decades, there has been an increase in the number of individuals who have been incarcerated in both federal and state prisons. Indeed, research has shown that harsher sentencing policies and more punitive laws have resulted in the incarceration of more than 2.3 million people in the varied jails and prisons; thereby making the United States the leader as far as incarceration is concerned. Incarceration and sentencing systems have conventionally been aimed at having varying goals including rehabilitation, incapacitation, punishment and deterrence. Recent decades have seen the enactment of sentencing policy initiatives with the aim of enhancing the criminal justice systems deterrent effect.

Incarceration should not be the only form of punishment in the United States just like it is not in most developed nations. I agree with Dr. Bryant’s week three statements about the word discretion being used as camouflage for discrimination. The stakeholders in the criminal justice system used huge amount of discretion when performing their duties. In this case, the law enforcement officers, prosecutors, defenders, judges etc. The police officer can decide when making an arrest to handcuff the accused, send the accused to the community based service program or gave the accused a ride to his or her parent and warn the accused not to do it again. It all depends on how the officer chooses to use the discretion at his disposal. Indiscriminate

Gregg Barak (2007) pointed how American’s failing mental health care system has attributed the overrepresentation of the mentally ill in U.S jails “Because of the large-scale denationalization of mental health facilities in the 1970s and 1980s, the number of people struggling with mental illness on their own has risen over the past three decades, and social institutions have been less than responsive to their needs.” (Barak, 2007: 587) Steven Raphael and Michael Stoll (2013) drew attention to the overrepresentation of mentally ill offenders in U.S jails and prisons. “Approximately half of state and federal prison inmates and over 60 percent of jail inmates report having mental health problems or symptoms indicative of mental illness. The

Inmates are released with few if any resources and usually end up returning to the institution after failing to reestablish productive lives in the community. This alarming reality is both a fiscal and social problem: state budget deficits bring enormous prison expenditures to light as social injustices in the system persist. Reforming the system to end the cycle of incarceration will have positive effects on the bottom line while reducing crime and thereby increasing public safety. Clearly, the deterrence effects of harsh prison sentences have not been effective. It may be time to once again embrace and expand the rehabilitative capacity of the criminal justice system.

America; the land of the free and the home of the brave. Free, that is, until you break one of America’s many laws and are convicted and sentenced to incarceration in the prison system. Depending on the severity of the crime, one might be sentenced to either a minimum, medium, or maximum security prison.

There are many options a judge might choose as punishment or rehabilitation for an offender other than having the offender complete his or her whole sentence in jail or be sent to jail or prison all together. Some options the judge might decide to use are parole, probation, community correction, and many other forms of sentencing him or her might hand down to an offender. There is always a better solution to the current methods of parole process, probation system, and the community corrections options. Like everything else the only way to improve a system is to continue to come with better solutions or more effective and affiant ways to run each sentencing options.

Community corrections can be traced back to Europe with judicial reprieve, benefit of clergy, sanctuary, and recognizance. Alternative methods of incarceration have been common in many states. Split sentencing is a common method. This is when an offender serves part of their sentence incarcerated and the rest in the community. This can benefit the offender by helping them be involved in the community, maintaining employment and being with family.

Criminologist and politicians have debated the effectiveness of correctional rehabilitation programs since the 1970’s when criminal justice scholars and policy makers throughout the United States embraced Robert Martinson’s credo of “nothing works” (Shrum, 2004). Recidivism, the rate at which released offenders return to jail or prison, has become the most accepted outcome measure in corrections. The public's desire to reduce the economic and social costs associated with crime and incarceration has resulted in an emphasis on recidivism as an outcome measure of program effectiveness. While correctional facilities continue to grow, corrections make up an increasing amount of state and federal budgets. The recidivism rate in