Sentencing In Germany

This paper discusses three critical issues in the criminal justice system. It touches on the general issues of punishment philosophies, sentence decision making, and prison overcrowding and focused more specifically on the negative effects of each. Highlighted in this informational paper is the interrelated nature of the issues; each issue affects and is affected by the others. Data and information has been gathered from the FBI Uniform Crime Report, the Bureau of Justice Statistics, Amnesty International, the NAACP Legal Defense

Traditionally, there have been four justifications for punishment: deterrence, confinement, rehabilitation and retribution. While these methods can be flawed at some point in history they served as primary reasons for the justification of punishment. Recently, there has been an epistemic shift in thinking about punishment where now it is focused on retribution and incarceration. The emphasis on this method has lead to an increase in incarceration and the rise of a prison system. While we acknowledge that there will always be a need for society to punish criminals in order to protect the rights of individuals, however a prison/prison system is not the correct way to handle such problems. Currently the prison system is being used an economic tool for private companies to exploit cheap labor from inmates. Known as the prison-industrial complex private enterprises are now able to build more prisons to “benefit” society and themselves as the prison population grows. Since the 1980’s the growth in prison

As the imprisoned population in the United States grows and American culture changes, rehabilitation is becoming popular among these alternatives to a standard prison system. Rehabilitation when referring to criminal justice are programs and methods used to assist prisoners in reforming themselves in order to avoid the habits that placed them in prison in the first place. These programs are becoming more popular due to the high cost of imprisonment and a change in American culture. Each prisoner costs forty thousand dollars each year to keep in prison(Weissmueller). This is money that is coming out of the taxes paid by United States citizens who aren’t even in the prison system. Alongside this, American culture is changing to be supporting of rehabilitation efforts as Americans see the effectiveness of criminal justice systems that include it. This was seen on a trip to Europe by U.S. prison officials; once they had seen the effectiveness of German and Dutch prison rehabilitation, they wanted to bring similar programs to their prisons (“People, not prisoners”). A rehabilitation based criminal justice system in the United States is gaining popularity, and as it does so it is earning the attention it needs and deserves.

In, “The Caging of America”, by Adam Gopnik explains the problems in the in the American criminal justice system focusing more on the prison system. Some of the struggles that Gopnik states in his article are mass incarceration, crime rate, and judges giving long inappropriate sentencings to those with minor crimes. He demonstrates that inmates are getting treated poorly than helping them learn from their actions. Using facts and statistics, Gopnik makes his audience realize that there is an urgent need of change in the American prison system. The main idea of Gopnik’s article is that the prison system needs to improve its sentencing laws because prisons are getting over crowed. Gopnik’s argument is valid because there is a problem in the sentencing laws that has caused a malfunction in the prison system as a whole.

In the sharp contrast, the European system of treating the deviants is vastly different in the beliefs and methods. In Netherlands, Denmark and Sweden, (Doleschal, 1977) they believe that the treatment is better than the prison or death. For example, the Netherlands has “ 18 persons per 100,000 population, 1/12 of the U.S. rate of 215 per 100,000”(Doleschal, p.52) which is amazing if it did happen in America. The reason for abolishing prisons’ conditions is that the environment of the isolation and deprivation did harm than good to the prisoners and created the cycles of violence. In Denmark and Sweden, Doleschal illustrated the humane conditions that Europe preferred in the prisons,

When we think about prisons, jails, and courthouses, our minds are meant to draw a connection to cold, hard, justice and fair punishments for guilty and deserving parties. Yet, in our judicial and prison systems around the world, this idea is nowhere close to reality. From inhumane punishments, to mass incarceration, and “trapping” people in the system based on race or financial status, justice is far from being served.

Whenever you imagine prison, you think up ideas and violent images that you have seen in the movies or on TV.   Outdated clichés consisting of men eating stale bread and drinking dirty water are only a small fraction of the number of horrible, yet “just” occurrences which are stereotypical of everyday life in prison.   Perhaps it could be a combination of your upbringing, horrific ideas about the punishment which our nation inflicts on those who violate its’ more serious laws that keeps people frightened just enough to lead a law-abiding life. Despite it’s success in keeping dangerous offenders off the streets, the American prison system fails in fulfilling its original design of restoring criminals to being productive members of society, it is also extremely expensive and wastes our precious tax dollars.

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 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.

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

From 1973 to 2000 the imprisonment rate in the U.S has increased by a multiple of four, while the actual crime rate saw no such increase over that period. (Visher and Travis, 2003, p. 89-90) Historically, the prison system in America had always been marred with inadequacies and failures, specifically in rehabilitating prisoners. The significant increase in incarceration rates have put an even greater burden on the already inefficient prison system. In reality, the prison system does not actually function as a means of rehabilitating prisoners, and real purpose of the institute is to basically keep the “deplorables” of society away from the public eye. It serves as a tool to degrade members of society to the bottom of the social ladder and strip them of their most basic rights. For many prisoners, rehabilitation comes in the form of “corrections” which is largely characterized by the humiliation, abuse, and subjugation of inmates by correction officers. This form of rehabilitation is largely malicious and ineffective in its procedures and outcomes. Often times inmates, leave prison more emotionally and physically damaged that they were upon entrance as a consequence of the dismal conditions they were subjugated to. The current high rates of recidivism have testified to the fact that our prisons have failed as a deterrent. As a result, it must be

There are more people incarcerated in the United States of America than any other country in the world willing to count their inmates (Bureau of Justice Statistics, 2016). How can this be? Foremost, the criminal justice system in the United States of America (which is made up of the police, the courts, and the corrections) is not working toward reducing mass incarceration the way it should be. The criminal justice system is set up strategically to accomplish two goals: to bring in money and to gain power. The byproducts of achieving these two goals are mass incarceration, ethnic and racial profiling, and minimal justice. The system needs to change its goals to: reducing crime and doing justice. The police, the courts, and the correctional system all feed off of one another and affect each other. Therefore, if real change is going to be made, it needs to happen in all three branches of the criminal justice system. A system that seems to be working well is in Norway. Norway’s criminal justice system does not look like America’s system. The criminal justice system in Norway has different philosophies concerning crime, justice, and the corrections. "We don 't look at our inmates as criminals, but rather as regular people who have committed a crime." (Skulberg, 2010, p. 73) This is a quote from a Norwegian prison guard giving an example of the ideology in Norway. In order for the United States to reduce crime and to have true justice, first, the policing model needs to change

With the population of the United States prisons growing every day we need to evaluate if they are doing any good. Personally, I believe that we need to keep our prison system, but we need to take steps in reforming them rather than abolish them altogether. The United States has the highest number of incarcerated people than any other country in the world. We must sit down and look at other countries and see what they are doing different than the United States. In this paper, we will first look at what the prison system in America is like and what we can do to improve upon our prison system. Then, we will also look at the Finland prison systems and see if we can learn anything from them, since they have one of the lowest incarceration and crime rate in the world. We will then look at reforming our prison system or abolishing it. Finally, we will investigate other punishment alternatives other than the prison system that we could use.

This paper explores the advantages of the German correctional system and the changes that could be made to the current American system to improve its efficiency. Several different comparison studies as well as statistics obtained from credible online sources aid in highlighting the advantages of three key components of the German penal system which make it more successful in crime inhibition and recidivism prevention than the current American counterpart. Reintegration and rehabilitation as the primary aspect in a judge’s choice of verdict are discussed first, following the availability and condition of programs existing in prison for offenders that have been sentenced to incarceration, as well as the ongoing care and help available for

With the highest incarcerated rate in the world, does the United States prison systems offer quality rehabilitation or just punishment? According to data from the Bureau of Justice Statistics, there was approximately 706 prisoners per 100,000 residents, or about 2.2 million prisoners in 2012 and within 3 years, almost 6 out of 10 released inmates will be rearrested and half will be back in prison. According to data from www.gpo.gov , the vast majority of prisoners are not rehabilitated. Two-thirds of released prisoners are re-arrested and one-half are re-incarcerated within three years of release from prison. Rates of recidivism rise to approximately 75%-85% of released prisoners are likely to be re-arrested within a decade of release. Successful rehabilitation is vital when releasing an inmate into the community as it produces a significant reduction in criminal recidivism. The purpose of incarceration is to protect the public and punish as well as rehabilitate the criminal. It is designed to change an inmate's view of life and alter their future behavior when re-entering society. Prisons offer education, labor, and other rehabilitation sources to inmates, so why is the recidivism rate so high with these programs in place?