Retribution Deterrence, Incapacitation, And Rehabilitation

"Any court dealing with an offender in respect of his offense must have regard to the following purposes of sentencing" retribution, denunciation, incapacitation, deterrence, rehabilitation and reparation which will all be discussed in this essay.

This belief indicated that if offenders could not be rehabilitated then they should be punished and it was time to get tough on crime. Within a relatively short time parole was attacked and the individual approach of indeterminate sentencing, or release by the authority of a parole board was abolished in 16 states (Rhine, Smith, and Jackson, 1991) and some form of determinate sentencing was adopted in all 50 states (Mackenzie, 2000)].

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.

I believe the War on Drugs continues to be a major issue for this country for a while, but that doesn’t mean we should be seeing the same people in and out of prison. I believe we need to create programs within the criminal justice system to help individuals become successful and get drugs far away from them. Group therapy may be a start for some of these individuals. They can talk about why they became

To formulate the law, it was decided that the most valuable approach to reduce violent crimes was through a mandated policy decision requiring identification through past behavior of those who demonstrated clear conduct to participate in violent criminal and whose conduct was not discouraged by the usual concepts of punishment. Reed (2004) stated, “The overall purpose of punishment within the criminal justice system is to prevent the commission of crimes to deter recidivism. For this objective to be successful, punishment must be effective in addressing the problems and solutions for the entire system, not just in individual cases” (p. 502). In reducing crimes, various methods and theories are taken into account. Some of these methods are additional police, additional courts, mandatory sentencing, and increased prosecutorial resources (Reed, 2004). Because the Three Strikes Law varies from state to state, this leads to the many problems it causes in the criminal justice system.

Other punitive measures, that have developed out of the just deserts mentality, such as three-strikes laws, which required life sentences for those with three convictions, as well as Scared Straight programs and boot camps, have negligible or detrimental effects to recidivism (Andrews & Bonta, 2010). Studies have repeatedly shown that long prison sentences and lack of rehabilitation actually increases the likelihood of reoffending (Canadian Civil Liberties Association [CCLA], 2011). While using punitive measures in the name of retribution may make those in society feel safe, there is no evidence to support this approach.

A very simple, yet popular and long-standing goal of sentencing is retribution. Criminals are punished according to their crime because they deserve punishment. The idea that a certain crime equals a certain punishment is very simple and could

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

Incarceration is not a bad thing in itself, as it is used as a punishment for people who decide to commit crimes, and to deter others from making the same mistakes. Incarceration consists of three main parts: punishment, corrections, and deterrents. Incarceration should emphasize corrections since prisoners are released back into society every year. Sadly that is not the case. Our incarceration method focuses more on the punishment part more than anything else. There are many things that can be attributed to why our incarceration method has come to be what it is

Modern day prisons are being shoved full of a number different crimes, however many of these offenders are serving time for non-violent crimes such as drug offences or white collar crimes. Especially with the war on drugs and the large percentage of drug offenders being put behind bars for years and years for, realistically not a lot, the criminal justice system has been trying to come up with new ways to deal with these offenders. Although it has been improving, there are still an abundance of non violent offenders in US state and federal prisons that would most likely profit from other means of rehabilitiation then just fences and cells. Overcrowding prisons with inmates that could benefit from other types of punishment or treatment is at an all time high. There are many different ways to deal with different offenders, they are not just limited to prison or jail time like in the past. These options include probation, halfway houses, community corrections, and electronic monitoring to name a few. These alternatives to prison can greatly change the way we perceive and treat non violent offenders, most notably drug offenders.

Currently as a nation we use severity as our biggest form of deterrence; our threat of imprisonment has grown dramatically over time. In 1985 the average release time for a conviction of robbery was 32 months and in 2002 it jumped to a minimum of 53 months (Incarceration and Crime). We focus heavily on severity and longer incarceration rates; the idea is that a 10% increase in incarceration would lead to a 1.6%-5.5% decrease in crime (Lieka 2006) but this is not true. Prison rates have increased tenfold since 1970 and yet the crime rates have not dropped near those percents.The leading argument against increase in incarceration uses other states as examples of how ineffective it is; for example Florida heavily focuses on imprisonment to reduce crime with no effect (Incarceration and Crime). This idea would be great and a good mode of deterrence if those who go to prison actually learn their lessons and mend their future ways. Also if the unwanted effects of prison were at least tolerable this might deter crime but sadly even after experiment and evidence it is not a well functioning theory. The cost of funding our mass incarceration does balance out the decrease in overall crime. Besides when we have a nation who is majority hard on crimes compared to other crimes we end up severely punishing people who probably would respond better to rehabilitation than jail.

Is this cited correctly? Criminal cases should receive punishment according to the severity of the crime. In my research I found the question that ask who decides what a faire punishment should be? No matter what the crime, the debt to society or persons affected, someone has to repay. For some minor thefts, jail time is not really cost effective and appropriate in some cases. Giving them community service, garnishing their wages making them publicly apologize may work for crimes such as littering, public indecent exposure or theft. For the big time thieves, yes, jail is the answer for people that shouldn't be on the streets. If it takes a lifetime in jail for those types of criminals to completely reform themselves, so be it. As theft is one of the 10 commandments, God probably has a more severe punishment in store, but as He is more forgiving than our justice system, I am sure He will give the individual a chance to redeem himself.

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

Discuss: The tension between rehabilitation and punishment in an incarceration setting. What happens when one is emphasized over the other? Is it possible to strike a balance?

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