Pros And Cons Of 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)

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.

If we thought that prisoners could not be rehabilitated, then they should not be released. If felons are released, we make a judgment that they are fit to live in society; therefore, they are capable of making trustworthy decisions.

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

Prison is obviously not working on rehabilitating prisoners because there are prisoners who are released, but they don't return to prison. Yet, the majority of prisoners released do go back to jail. Criminals think they're not going to get caught or they're so emotionally desperate or psychologically distressed that they don't care about the consequences. To lower the recidivism prisons should offer real rehabilitation to prisoners. Criminals are not all waste people; most of them could just have haven a crisis that make them commit the crimes.

You can lead a horse to water, but you can’t make it drink. Everyone knows that you can’t help someone unless they want to help themselves. When the prison system was first established, the possibilities in rehabilitation were nothing like they are

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.

Criminal justice is defined as the system of law enforcement that is directly involved in apprehending, prosecuting, defending, sentencing, and punishing those who are suspected or convicted of Committing a crime. Jews and Christians consider to be a product of divine inspiration and a record of the relationship between GOD and humans. Criminal justice is a process, involving a series of steps beginning with a person committing an alleged crime, a criminal investigation and ending with the release of a convicted offender from correctional supervision. Rules and decision making are at the center of the process.

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

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 is home to five percent of the world population, but 25 percent of the world’s prisoner. There must be a change to the current prison system which is doing more harm than good in American society and must be reformed. Reasons for this claim are that American prisons are too overcrowded with inmates, which creates a dangerous and unhuman environment. The cost to run a prison has gotten too expensive for tax payer pockets, and lastly the prison system is more as a punishment instead of rehabilitation with about sixteen percent of inmates most serious offence being drug charges. Prisons fall short of reforming criminals and the government is obligated to completely reform the prison systems in the United States.

Most findings indicate that punishment, deterrence, incapacitation and restitution are ineffective ways to reduce crime. It is noted that if the same resource monies could be redirected rehabilitation, the cost to the tax- payer would be reduced over time (Gertz et al, 2005). Rehabilitative programs are the most effective in reaching our ultimate goal of reducing crime and reducing future criminal behavior which is the purpose of incarceration. The problem with rehabilitation is that it is the most difficult to proof effective and even more difficult to persuade policy makers and community members to fund (Pinard, 2010). There are at

One major concern is the quality of rehabilitation the inmates receive while they are incarcerated. The question to ask is “Are our prisoners being properly rehabilitated?”

Cullen and Gendreau (2000). give us some history on the restorative incarceration. The original theory of restorative justice was based on simple human behavior regulated by incentive instead of punishment, which instituted the concept of parole as a means of reward for a prisoner for rehabilitation. Further studies in criminology proved that this idea was too simplistic and married it to the positivist theory of criminology and instituted individual assessment and treatment for each prisoner based on their specific needs for reformation.

Convicting, sentencing, and imprisoning are just the first few steps of reducing crime. All the effort, time, and money that go into keeping criminals locked up and off the streets are really for nothing in the end if he or she commits the same crime again after release. James Haley, who is the book editor of “Prisons” points out, “Every year, close to six hundred thousand inmates are released from state and federal prisons around the country. According to the Bureau of Justice Statistics, two-thirds of former convicts commit new crimes and one-half are re-incarcerated within three years of being released from prison” (138). Are US prisons truly effective when so many prisoners are committing new crimes upon release? It is for the better interests of American safety that some prisoners are locked up for life, but this should not include the constant return of re-offenders. The life of most convicts involves committing a crime and being sentenced to jail only to repeat the same process again. Many re-offenders see incarceration as a ticket to a place to sleep and food to eat.