Essay about Traditional and Non-Traditional Methods of Sentencing

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

The concept of mandatory sentencing is a relatively new idea in the legal field. It was first introduced in 1951 with the Boggs Act, and it made simple marijuana possession a minimum of two to ten years with a $20,000 fine. This was eventually repealed by Congress in 1970, but mandatory sentences came back with the passage of the Anti-Drug Abuse Act of 1986. Since then, the scope and presence of mandatory sentencing has only grown, especially mandatory sentences for drug related offenses. Recently, there has been a growing concern over the use and implementation of mandatory minimum sentencing, with many believing it reduces a judge’s ability to give out a sentence that they feel accordingly fits the crime. Many advocates for mandatory

“In 2007, one percent of American adults were in prison, which is by far the highest incarceration rate in the world.”( Trachtenberg, B., 2009). Why? Trachtenberg believes it’s because prisons do not rehabilitate people. A violent criminal is sent to prison because he is a threat to society. He is supposed to serve a lengthy term so that he will learn his lesson and become a productive member of society. During his time there he is supposed to learn to appreciate work by cooking, doing laundry, or some other prison job. While he is there he can receive his GED so that he can get a job when he gets out. This plan has good intentions but it has been proven to be ineffective.

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

Prisons not only rehabilitate, but they also deter people from going to prison. The fear of going to prison is a great deterrence for a perspective criminal. Hard life styles along with loss of freedom tend to push the criminal away from the chance of being incarcerated. Numbers show that there are fewer rapes, and fewer murders, each year, all an obvious product of prison deterrence. After all, if a person has a friend who just got out of jail, and hears all of the war stories, that person would surely not want to go to prison and end up like his friend. By making life in prison hard, the prison is doing a great job in getting the word out. Prison is no joke! They are doing their job in deterring criminals from wanting to enter the gates of hell.

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.

The United States have moved away from rehabilitating offenders. Incarcerating offenders without trying to rehabilitate them only increases the chances of them returning back to jail or prison. The correctional system should focus their attention on rehabilitating offenders and looking at alternatives to

The growing number of individuals exiting prison each year has prompted renewed interest among academics and policymakers in the challenges of reintegrating former prisoners into society (Visher & Travis, 2003). The challenges of reentry appears to be daunting, as the prospects for successful reentry are often dim. More than 40 percent of those released return to prison within three years, a phenomenon known as the “revolving door” (Pew Center on the States, 2011). This “revolving door” is a

Rehabilitation, what is rehabilitation? Rehabilitation is the action of restoring someone to a normal life through training and therapy after incarcerated, addiction or illness. Rehabilitation can be used for an offender who has committed a crime and is incarcerated, someone who is struggling with addiction or illness. Rehabilitation was originated in 1779 by the British Government as part of the Penitentiary Act, rehabilitation would consist of punishment along with treatment for the offenders. (Benjamin Disraeli 2004). The purpose of rehabilitation is to treat the offender in order for the offender to return to society and be able to contribute, rehabilitation is also a punishment for breaking a law.

As of the end of 2015, there were 1,526,800 prisoners in the United States being held in state or federal correctional facilities. Every year, thousands of people are released from jail or prison. Most people who are incarcerated today will eventually be released. Most of these individuals return to a life of freedom without the skills they need to survive. Recidivism rates suggest that many of these individuals will re-offend within six months of release, and most will reoffend within three years. This is not because they’re bad people; it’s because they are trying to thrive in a system that sets them up to fail.

Ex-offenders face many challenges after being released into society after prison. This prolonged issue has gone on for quite some time in the United States, and it has been since recent decade that the United States has discovered reentry for prisoners (Johnson & Cullen, 2015). In 2007, the Second Chance Act of 2007 was introduced to break the cycle of recidivism; to rebuild ties between offenders and their families before and after incarcerated to encourage and support offenders; to protect the public; to provide and promote law-abiding conduct; to assist offenders in establishing a self-sustaining and law-abiding life providing sufficient transition

When facing discrimination in housing, jobs and overall welfare, there are little opportunities given to people recently released from prison. This causes them to go back to the life of crime, and ultimately back in prison. This features as an effect of mass incarceration and works to fuel it. According to the Bureau of Justice statistics, “ 2 out of every 3 prisoners released will be rearrested within 3 years and nearly half of those released from prison will be incarcerated again within 3 years”(Dennis Madden 14). This effect of mass incarceration limits ex-cons from reaching any pursuits and keeps them trapped in a system that continues to disadvantage them. Craig Nissan elaborates on the severity of this issue, saying, “[Ex-convicts] are labelled for life as felons, who will face forever discrimination in seeking essentials like employment and housing, basic to building a good life. Moreover, many face a life of monitoring as ex-cons and the loss of many civil rights, including the right to vote”(205). These people turn into victims of our society and lack any chances to reach

The Different Aims of Sentencing There are a number of reasons why a society punishes offenders. These include, among others, to discourage the offender from committing further crimes (individual deterrence), to help the offender, so that he or she won’t offend again (rehabilitation), to prevent the offender from committing further crimes through imprisonment (incapacitation) and to show society’s disapproval of the crime (denunciation). Retribution is to punish on the premise that it is a payback for the offence (Retribution carries with it the notion of “Do the crime, do the time”) Reparation is aimed at compensating the victim of the crime usually by ordering the offender to pay order to

Rehabilitation is defined as a return to a previous form. In criminal justice, rehabilitation is referred as a designed attempt to change attitudes and behaviors of inmates, concentrating on the prevention of an inmate's future criminal behaviors (Seiter, 2011). Since the creation of prisons, the focus on prisons in the United States was based

Rehabilitation is more of a therapeutic method to help the criminal ditch crime and become a constructive member in society. “Rehabilitation involves teaching inmates silks and trades that will, hopefully, give them a chance to become law-abiding citizens once they are released from prison” (Long). This method is looked at as more of a treatment than a punishment, to guide the criminal to make better choices and live a better life.