Security Determinations

Incapacitation, the removal of the offender from society to prevent them from harming society further, has been in use since ancient times. The incapacitation may be in the form of exile, penal colonies, prison, or placement in a mental institution. Regardless of the form, incapacitation places its focus on the future behavior of the offender and on the characteristics of the offender. It assumes that since that majority of crime is committed by a small number of criminals, removing them from society will reduce crime. What this theory does not take in to

In the United States there are four main goals when it comes to punishment which are retribution, deterrence, incapacitation, and rehabilitation (DeJong, 2016, p. 288). The main goals for these punishments are to maintain order over society and to prevent recidivism (DeJong, 2016, p. 288). This ties into the Ecology perspective. By maintaining order over society and preventing recidivism, it ties into all of the issues regarding the Ecology perspective which requires for each issue to address the individual, family, community and society. Maintaining order over society and preventing recidivism strives toward making a safer environment for the individual, family, community and society. There is no universal agreement for making the severity of punishment just or fair (DeJong, 2016, p. 288). When it comes to retribution the person who is getting punished deserves the punishment (DeJong, 2016, p. 289). Retribution refers to when an individual commits a certain crime then that person must receive a punishment proportionate to that crime or suffering that they may have caused towards the victim (DeJong, 2016, p. 289). Regarding deterrence there are two types, general deterrence and specific deterrence (DeJong, 2016, p. 289). General deterrence focuses on the society in general and wants to scare everyone away from committing crimes (DeJong, 2016, p. 289). Specific deterrence focuses on criminals that have already been convicted and wants to prevent them from

Incapacitation involves imprisonment for offenders who commit crimes to prevent the possibilities of future offenses. (Schmalleger & Smykla, 2009, pg# 74) Incapacitation has reduced the crime rate considerably. Some offenders get out on bail or bond, serve the minimum of the sentence and out on parole or probation. Offenders realize that is getting more and more expensive to cover up their crime. Therefore, they are expecting to be caught. Rehabilitation or reformation is another form of sentencing. Rehabilitation is a process of treatment for offenders to get them back on track. It gets to the core of why the offender acted this way. Restoration is a process that makes the victim, offender and society go back to their original conditions. Victims will be

Retribution has been associated with increased punishment, decreased treatment, but not with reduced recidivism (Andrews et al., 1990). Not only has there been no reduction in recidivism, there has also been no increase in deterrence through the use of punitive measures (Cullen & Gendreau, 2000). Deterrence-oriented interventions have actually been shown to increase recidivism by 12%, as demonstrated by Lipsey’s (1992) meta-analysis (as referenced by Cullen & Gendreau, 2000).

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.

It is believed that punishment works to protect people from their criminals as it used to be seen as a fear in people’s mind to avoid inappropriate behaviour against other people, harming other people in certain ways and breaking the laws set by society or government. Punishment is a common view of human beings and they choose to behave appropriately towards their duty to follow rules set out by government laws to avoid fines or sentences. Sentencing is categorised n various degrees depending on the type and severity of crime committed, and imprisonment is considered as most common way to protect communities from its offenders and deterrent to re-offending all over the world. As Murray (1997) claims that punishment reduces crime

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

Rehabilitation assumes criminal behavior can be improved with non-punitive methods. Rehabilitation, although non-punitive, usually occurs along side punishment. For instance an incarcerated person may be given many rehabilitative options. Mental health programming, substance abuse counseling and even education programming exist in modern day correctional facilities. A judge may sentence someone to attend rehabilitative programming as a part of probation or it may be included as a stipulation in a plea agreement. At the core of rehabilitation is the thought that a criminal is flawed, often through no fault of their own. Poverty, mental health issues, or childhood trauma may all contribute to a criminal life and rehabilitation attempts to aid in a sort of recovery. If a person is cured of their issues, perhaps they will not recidivate.

First deterrence, society has learned that when a criminal act is committed, there is a price to be paid. They understand that the criminal justice system is serious in its commitment to punish anyone who perpetuates a crime against another person or society is going to be held accountable for that crime. Second we come to retribution. Once a crime has been committed there must be a cost incurred. Criminals understanding that they will be held accountable for their actions, and they will have to pay a price for their actions and that price will be enforce. Third is incapacitation, which is the most common type of punishment used within the criminal justice system. People understand that their freedom will be taken away and they will be forced to live in a very closed and restrictive environment. The last word is rehabilitation which can take many forms; some of the most common are aiding prisoners in acquiring their GED, attending drug programs, training in job programs and anger managements groups. The hopes

With the belief that the former policy of rehabilitation no longer sufficed to meet the needs of the countries growing criminal population, new policies enforced harsher punishments, longer sentencing ranges with the removal of early release privileges, and reinstated the practice of capital punishment (Miethe & Lu, 2005). For professionals in the field, who intend to make strides, which have a positive impact on the future of crime, it is critical for them to understand this history. It is simply not enough to know it. Within the patterns, there is a message and an answer of how to effectively deal with the crisis faced today as a result of the policy changes. The crisis of not only how to handle offenders, but how to appropriately deter

The three key goals victims can pursue through the criminal justice system is to punish the offender, compel law breakers to undergo rehabilitate treatment and restitution. Punishment is usually justified on utilitarian grounds as evil. Although it is argued that making transgressors suffer curbs future criminality in a number of ways. It is said if an offender gets punished by unpleasant and unwanted consequences it will most likely discouraged him/her from breaking the law again. Also it satisfies victims thirst for revenge and prevents future vigilantism and incapacitates dangerous predators so they can be off the streets; a safer community. Rehabilitation, some victims want professionals to help offenders become decent,

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

In addition it is usually the fear of being caught that is more of a deterrent and that while crime detection rates are low, the threat of an unpleasant penalty, if caught, seems to be remote. The value of general deterrence is even more doubtful as potential offenders are rarely deterred by severe penalties passed on others. The main aim of rehabilitation is to reform the offender and rehabilitate him into society. It is a forward-looking aim, with the hopes that the offender’s behaviour will be altered by the penalty imposed, so that he or she will not re-offend in the future (it aims to reduce crime this way)

It is through this that philosophers, government and prison officials have arrived at the five traditional goals of punishment which replicates elements of criminal punishment. They are retribution, rehabilitation, deterrence, restoration and incapacitation. Retribution, rehabilitation and deterrence are however the three most frequently used in today’s modern society, as they are the main justifications for punishment.

As stated above, as a criminal justice major, academically, I have gained the ultimate development and background of the Criminal Justice System and its practices from my Intro to Criminal Justice and Criminal Law class; how they implement the laws and apply them to crimes, offenses, and offenders. The whole concept of the criminal justice system is to uphold social control, deterring and mitigating crime, or execute sanctions for people who violate the law. Throughout my Criminal Justice courses, I found certain concepts interesting; the concepts that I found most important surrounding the Criminal Justice System were Deterrence, Rehabilitation, and Punishment. These three major factors are substantially the main functions and focus in regards to offenders. Deterrence, rehabilitation, and punishment are elements that help offenders readapt back into society so they can reestablish all of the mechanisms they need to be successful. They prevent future crime, implement reconstruction, and issue consequences. They are significant and crucial factors that the criminal justice system used to promote safety, change, and justice. Deterrence focuses on future behavior by both individuals and society. As a result of offenders receiving punishment, people will deter or discourage from committing crimes in the future. The hedonistic calculus argued that harsher punishment for committing a crime will cause pain rather than pleasure and crime would be prevented (Seiter, 2017). It is basically the concept of making the punishment outweigh the reward or pleasure. I learned that they are two kinds of deterrence which are specific and general deterrence. Specific deterrence is preventing an individual offender from repeating the same crime over in the future while general deterrence focuses on society as a whole and prevent them from committing a crime in the future (Seiter, 2017). The criminal justice system also believes that it is important to focus on the offender's attitude and behavior and tries to improve them for the can reenter into society as law-abiding citizens (Seiter, 2016). Because of my Corrections class, I learned that correctional facilities have all sort of programs the deal with drug/alcohol abuse, mental