Punishment vs. Rehabilitation
Helen Olko
October 1, 2012
Abstract
The expectations that our society has for the criminal justice system is to punish and rehabilitate individuals who commit crime. Punishment and rehabilitation are also two of the four acknowledged objectives of the criminal justice system, with deterrence and incapacitation being the others. In the United States, punishment has always been the primary goal to achieve when dealing with individuals who commit acts of crime. Many theorists throughout history have argued which is more effective, punishment or rehabilitation.
Deterrence is one of the primary goals in the criminal
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By separating punishment from rehabilitation, the effectiveness of rehabilitation is enhanced since punishment is contradictory to rehabilitative activities. In addition, a two-stage sentence system would include a more uniform sentencing structure and would reduce the issue of chance which is inherent in the present parole-granting process. With the expected functions of a prison limited to punishment and incapacitation, sentences for incarcerating felons can then be addressed within terms of deterrence values. Both punishment and rehabilitation are needed if the problem of crime is to be effectively addressed. However, it is not necessary that the prison provide both of these functions simultaneously. A more logical approach involves a two-stage sentence. The prison would provide the incarceration stage and punishment of criminals. After the punitive portion of the sentence, the offender would serve a post-prison sentence of intense supervision which would provide the offender with therapeutic and remedial programs. This separation of the punitive and rehabilitative obligations would allow each segment of a sentence to be more effective, would make shorter punitive sentences more palatable to the public, and, simultaneously, would maximize the use of available cell space and resources.
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Victim Impact
In many cases, victim rights tend to be overshadowed by the rights of the accused. The courts are
I agree that rehabilitation should be the primary goal in sentencing. Rehabilitation teaches a criminal how to interact with the community after being away for a set amount of time. Days in prison and jail can hinder the positive thoughts in one’s mind. Anger and depression can build up, and make the criminals want to act out again. The rehabilitation process can even mend burnt bridges with family and friends.
Until the early 1970s, the sentencing of crime convicts was based on the principle of rehabilitation of juvenile and adult offenders. Legislatures set maximum authorized sentences for various types of crimes and judges decided on the prison term or probation or fines. Correctional officials and parole boards had the powers to reduce the time served for good behavior and release prisoners early. In the 1980s and 1990s, the emphasis shifted to deterrence by imposing mandatory minimum sentences for certain types of crime, heavier sentences for habitual offenders and the “three-strike” rule for felony convictions. Public opinion supported these changes in the belief that prison terms were just retribution for crimes and incarceration kept criminals off the streets (Mackenzie, 2001).
There are five distinct philosophies to the punishment of criminal offenders. The deterrence model is based on the belief that punishment or threat of punishment will prevent citizens, offenders or non-offenders, from committing or recommitting crimes (Fagin, 2016), 2016). A real-life example of the deterrence model would be corporal punishment. Because the children who witnessed the punishment would not want to commit the act, and the child receiving the punishment would not want to recommit their crime, it was believed to be an effective strategy in forming school children’s behavior (Fagin, 2016). The belief that criminals cannot be rehabilitated, and it would never be safe to release them back into the community falls under the incapacitation philosophy of punishment (Fagin, 2016). The most common type of incapacitation is imprisonment. When offenders are imprisoned, they are unable to commit new crimes, and will no longer pose a threat to their communities. Rehabilitation on the other hand, is the belief that criminals can be cured of their criminality, and can be released back into the community (Fagin, 2016). Counseling, educational programs, and work skill programs are all different real-world examples of the rehabilitation model (Fagin, 2016). The aim of these programs is to help offenders get better and become a productive member of society. The idea of punishing criminals because they deserve to be punished fits into the retribution philosophy of punishment (Fagin, 2016), 194). An example of this philosophy today would be
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)
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.
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 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
This essay explains sentencing in the United States Criminal Justice system. The objectives of punishment in the United States corrections is to help deter crime and to ensure reoffenders don’t reoffend. Sentencing impacts the corrections system and society in a positive manor by eliminating offenders out of the community. Sentencing may include one of the following: probation, fines, prison, community service, probation and so forth depending on the state you reside and the type of offense you commit. Each crime committed doesn’t have a set sentence, therefore they are determined on a case to case basis. The main goal of the criminal justice system is to defend the community and serve justice. Sentencing plays a vital role in the Criminal Justice system.
Lee Tergeson, actor from the television show OZ said, “I know what it is like to be ignored, and I think that is the big problem about the prison system: These people are being thrown away. There is no sense of rehabilitation. In some places, they are trying to do things. But, in most cases, it is a holding cell.” (Tergeson, 2002) He speaks the truth.
Today punishment is the most dominant correctional goal of both the state and federal government in response to criminality. The purpose of punishment is to protect society, rehabilitate criminal offenders, and reduce recidivism. In both the state and federal correctional institutions, their objectives are to use punishment as form deterrence while
Incarceration should be the last resort of an advanced society, not the go-to sanction for most offenders. However, if prison is the outcome, then society and the individual committed should have the expectation that they will be improved upon release. Reducing recidivism is a complex problem that begins with sentencing strategies that ensure the least probability of return to the criminal justice system. Many countries have less crime and less recidivism, America could use the successful approaches from countries with more success in reducing crime and offender outcomes. Perhaps the solution
While incarcerated the individual may have the opportunity to receive rehabilitation. Does it mean that the individual will be rehabilitated? One can only imagine. This is a debatable issue. Is punishment or rehabilitation more effective in combating crime?
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
Over many years there has been great debate about whether rehabilitation reduces the rate of recidivism in criminal offenders. There has been great controversy over whether anything works to reduce recidivism and great hope that rehabilitation would offer a reduction in those rates. In this paper I will introduce information and views on the reality of whether rehabilitation does indeed reduce recidivism. Proposed is a quasi-experiment, using a group of offenders that received rehabilitation services and an ex post facto group that did not? I intend to prove that rehabilitation services do
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.