Resource: J O'meara, Gregory. (2010) article in this week’s Electronic Reserve Readings
Write and 1,050- to 1,400-word paper that summarizes the arguments for and against confining sick and older adult prisoners in jail.
Which of these arguments do they think have merit?
What values underlie each position?
How does medical parole or release fit into this discussion?
Provide alternative solutions to the problem and discuss their overall impacts.
Parole for the elderly
CJHS/430
Parole for the elderly
The idea of sympathetic release of ill and elderly prisoners is not new. In 1994, Professor Russell published consideration of medical parole and compassionate release programs of district and fifty states of Columbia. Only three
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Since so much of jail life happens far from the public’s view, changes in implications and policy of long assumed truisms are infrequently observed by those that are not openly affected by penal system.
One good point of Wisconsin’s reconsideration is recent changes in sympathetic release standards for prisoners in state correctional facilities. This legislation streamlines the procedure and expands the category of those eligible for sentence modification and. Although the law has much to recommend it, issues unaddressed may prove costly—notably the unintended consequences of placing financial burdens on the families or communities to which these prisoners are released in a bleak economic climate.
By way of background, Wisconsin’s current sentencing structure is relatively new; it was overhauled between 1998 and 2003 under the provisions of the state’s Truth
In Sentencing legislation. Under that law, parole was abolished; felons sentenced to prison are now given a bifurcated (two-part) sentence in which the sentencing judge specifies an amount of time a convicted felon will serve in prison and an amount of time the person will serve in the community on extended supervision. Under
The original provisions of Truth in Sentencing, most inmates, with approval of the program review committee at their respective institutions, could petition the sentencing court for release to extended supervision in certain extenuating
Ever since the first prison opened in the United States in 1790, incarceration has been the center of the nations criminal justice system. Over this 200 year period many creative alternatives to incarceration have been tried, and many at a much lower cost than imprisonment. It wasn’t until the late 1980’s when our criminal justice systems across the country began experiencing a problem with overcrowding of facilities. This problem forced lawmakers to develop new options for sentencing criminal offenders.
The only similarity between parole and unconditional mandatory release is that felons will be released from correctional institutions back to the community. Under parole, a convicted felon must obtain permission from The Board of Pardons and Paroles, which has eighteen constitutionally
Laws needed to be revised and sentencing policies put in place to produce these services. This showcases the budgetary instruments of policy and the services provided by the government to fund and create these programs. For some states, this is a change primarily to create free beds and loosen the budget. However, the changes in Maryland are not budget driven (Swope, 2004). Without an emphasis on providing treatment to convicts, there is a great risk of creating a cycle that ends in reconviction.
In delving further into the debate between the effectiveness and ineffectiveness of mandatory sentencing, it is relevant to scrutinize the constitutionality of the Federal Sentencing Guidelines. There is concern “that the Guidelines did not allow sufficient judicial discretion.” Congress in turn argued that the Guidelines were created to alleviate the disproportionate sentences created by judicial discretion.
Parole is the release of a prisoner by the decision of a paroling authority (Mackenzie, 2002). The offender is then required to remain under the observation of a parole officer who monitors the offender 's obedience with rules of conduct that are imposed by the parole board (Mackenzie, 2002). Parole is actually regarded as a back-end program that works in conjunction with the community (Mackenzie, 2002). Parole is actually similar to probation in that it follows a term of incarceration (Mackenzie, 2002). There are specific conditions which parole can be applied. Violations of these rules may result in re-imprisonment forced to return to prison to serve out the length of their original sentence from the date of release (Mackenzie, 2002). There are currently over five million people who are being supervised by the criminal justice system in the United States (Bureau of
Several states across the Country have enacted or attempted to enact legislation which can enable detention of a prisoner past his/her release date. This type of legislation’s general purpose is to provide a mechanism whereby prisoners who, if released pose an unacceptable risk of
Mandatory sentencing has been a big driver in the large population of incarcerated individuals in the United States. District attorneys are more aggressive in how they file charges against the arrestee. While the country has seen a decline in crime, new
[The idea of compassionate release has been in practice in about thirty states in the union for many years. In all but three of the other states there were programs for the early release of terminally ill offenders (O’Meara, 2010). However, the limited budgets felt by many states has encouraged renewed discussion about compassionate and medical release of elderly inmates. In an article by Gregory J. O’Meara the change in policy in Wisconsin was examined. The changes in legislation expands the category of those eligible for sentencing modification and streamlines the procedure.
The decision to release an inmate early has been a much debated topic for quite some time. Lately, Washington, State’s criminal-justice system, or lack of it has received much criticism from the public because of the tragic death of four Lakewood police officers who lost their lives when an inmate was let out of jail early. Today the question remains whether inmates should be released early or not. Some people believe courts are demonstrating a lack of judicial restraint when rendering a decision to free a violent criminal early from custody. On the other hand, others believe the overcrowding in prisons has put a tremendous financial strain on state budgets. Everyone is at liberty to an opinion, but the truth is there are detrimental
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
First off, parole is “the conditional release of a prisoner, prior to completition of the
Within our prison system, an estimated 44% (forty-four percent) of state inmates and 39% (thirty-nine percent) of federal inmates have a medical issue that is beyond the common cough or cold (Maruschak, 2004). These issues
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 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 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.