Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Punishment over rehabilitation
Punishment over rehabilitation
Punishment over rehabilitation
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Punishment over rehabilitation
The complex issues of dealing with offenders in the criminal justice system has been a point of ongoing controversy, particularly in the arena of sentencing. In one camp there are those who believe offenders should be punished to the full extent of the law, while others advocate a more rehabilitative approach. The balancing act of max punishment for crimes committed, and rehabilitating the offender for reintegration into society has produced varying philosophies. With the emanation of drug-induced crimes over the past few decades, the concept of drug treatment courts has emerged. The premise of these courts is to offer a “treatment based alternative to prison,” which consist of intensive treatment services, random drug testing, incentives …show more content…
Adele Harrell (2003) reaction essay, Judging drug courts: Balancing the evidence, acknowledges the growing popularity of drug courts, but cautions that the research on the impact on public safety is underwhelming. Harrell states that the effectiveness of drug courts in Gottfredson et al. (2003) research is tempered by the fact that two-thirds of the drug court participants were rearrested within two years (albeit lower than the rearrests rates of the control group), but noted that figure is troublesome. Harrell’s essay also introduces other facets of drug courts to be researched in an effort to understand inconsistences in drug court practices from jurisdictions across the country. In particular, Harrell notes that eligibility, treatment availability, and court practices vary significantly from one drug court to the next. He brings light to the possible correlation between drug court practices and recidivism, and the importance of understanding which court practices contribute positively toward successful program
After viewing the documentary: America's War on Drugs - The Prison Industrial Complex, it is clear that the Criminal Justice System is in desperate need of reconstruction and repair with policies such as the mandatory minimum sentencing act which has proven to be unsuccessful and unjust in its efforts to deter 'criminals from committing illegal acts' as seen with the increase of incarcerations of the American people and the devastating effect it has had on those in prison and the family members of those incarcerated.
Do you remember the first time we met? I do as I cannot shake the memory. It was love at first sight. I’ll never forget the feeling I had. A warmth overcame my body as you stoked a fire in my heart. It was like I had spent my life drowning in the sea around me and you were that breath of fresh air as I pulled myself out. My cares and concerns melted away. I was complete. You were exactly what I had been missing in my life. My better half you completed me you made me whole. Your touch, your scent, your glistening radiance I took it all in. I felt its force enter my body working its way to the very center of my soul. It felt like a real living breathing thing coalescing within my life force touching parts of me I never knew existed. You awakened some innate primal desire and I needed you at all times.
As mentioned in previous assignments, the HOPE program is a rigorous probation sentence which entails submitting to random drug testing, mandatory appointments with law enforcement personnel, and the completion of counseling or drug treatment sessions while not repeating previous violations. Violations of the probation program will result in a swift and certain punishment of a short-term jail sentence. The swiftness and certainty to punishment are the keys in Beccaria’s theory to effective deterrence. The idea is for this program to prevent recidivism with its differing stance on probation. The offenders not enrolled in the HOPE program will be sentenced to a traditional probation program, which do not hold swiftness or certainty as the core facets of their structure.
To begin, drug courts were established in Miami in 1989 during the “war on crime” era. According to Cooper (2003), “the immediate goals of the drug court were to reduce the recidivism rate of these defendants while they were awaiting disposition of their cases, reduce the failure to appear at trial rate, and provide at least some level of treatment services” (p. 1672). During the “war on crime” era, criminal rates were escalating and courts were overflowing with case loads and the drug court was implemented in order to find another way to help solve the drug problems with select offenders. Additionally, “the primary purpose of the Miami drug court was, therefore, not therapeutic, although it clearly had therapeutic elements, but, rather to promote public safety and more effective judicial supervision of defendants while awaiting trial” (Cooper, 2003, p. 1672). Providing a safe sanction for offenders as well as the community was an efficient solution to control the caseloads of drug offenders and ensure the safety of the community.
In the New York Times article, “Safety and Justice Complement Each Other,” by Glenn E. Martin, the author informs, “The Vera Institute for Justice found a 36 percent recidivism rate for individuals who had completed alternative drug programs in New York City, compared with 54 sentenced to prison, jail, probation or time served.” Alternative programs are more likely to inhibit future criminal acts, while incarceration seems to lack long-lasting effects on individuals. In continuance, the author adds that 3 percent of treatment participants were rearrested for violent crimes, while 6 percent of untreated criminals were rearrested for violent crimes. Diversion programs are able to treat one’s motivation for their criminal acts, rather than assuming that illegal habits will go away with time. Instead of sending nonviolent offenders to jail, legislators should consider introducing practical
Someda, K. (2009). An international comparative overview on the rehabilitation of offenders and effective measures for the prevention of recidivism. Legal Medicine, 11, S82–S85. doi:10.1016/j.legalmed.2009.01.064
These two articles clearly display to the reader the pitfalls mandatory minimums sentences can have in the context of certain drug offenses. Illustrating the restrictions mandatory minimums place on a judge’s ability to use their experience and knowledge to assert the right type of punishment over those convicted of crimes. , “Canadians lose confidence in the criminal justice system when the sentence doesn’t fit the crime,” – Michael Cooper (Harris, 2016). This reformation of the courts showed the public that fairness is the focus of the justice system and not just deterrence and or
The Judiciary Branch of the United States government is responsible for interpreting the law. Those involved with this branch determine the meaning of the laws and decide what to do with those who break them. Because of a drug movement that took place through the 1980s, the courts have severely punished those who break laws associated to drugs; Congress is now trying to step in to change the way the Judiciary Branch is forced to punish such criminals. Congress has been busy the past couple of years evaluating the proper sentencing of those convicted of drug crimes. Many men and women of Congress are joining forces in an attempt to come up with a solution to propose as an amendment. Our elected leaders believe the need for the reform of drug crimes is due because of the number of cases and number of years those convicted are spending in prisons. Because of the drug wars that took place in the United States, the minimum sentence has been set so high today. Drug reform is needed in the United States, and those convicted of drug crimes with improper sentences need to have their sentence reduced. 1
In todays time we have different forms of corrections. We have the rehabilitation for of corrections. There is also the form of punishing offenders. To me there should be and equal balance between the two forms of corrections. Too much punishment and you get sued now an days. Too little punishment you get repeat offenders. Too little rehabilitation your drug crimes relapse.
Drug violators are a major cause of extreme overcrowding in US prisons. In 1992, 59,000 inmates were added to make a record setting 833,600 inmates nationwide (Rosenthal 1996). A high percentage of these prisoners were serving time because of drug related incid...
There are individuals who oppose the use of drug courts. These people argue that by letting drug offenders avoid incarceration the justice system is doing nothing more than giving offenders an easier punishment for their crimes. Some people feel that over the long term treatment will cost more than sending the offender to prison to pay their debt to society. There are those that feel that treatment not wa...
The proliferation of harsh mandatory sentencing policies has inhibited the ability of courts to sentence offenders in a way that permits a more "problem solving" approach to crime, as we can see in the most recent community policing and drug court movements today. By eliminating any consideration of the factors contributing to crime and a range of responses, such sentencing policies fail to provide justice for all. Given the cutbacks in prison programming and rates of recidivism, in some cases over 60% or more, the increased use of incarceration in many respects represents a commitment to policies that are both ineffective and unfair. I believe in equal, fair and measured punishment for all. I don't advocate a soft, or a hard approach to punishment. But we must take a more pragmatic look at what the consequences of our actions are when we close our e...
F. Roper there are seven principles on which drug courts are based: “1. retaining the participant in treatment through the pain of withdrawal, 2. helping the participant overcome fear, craving, and shame 3. Providing modulated and immediate sanctions, 4. Discriminating between behavior and addiction symptoms 5. Providing a system of rewards 6. Understanding that weather an act constitutes a punishment or a reward depends on the perception of the recipient 7. Dismissing charges as a reward” (7). The treatment for addicts is efficient, the discomfort of substance misuse in the initial step is very severe addicts often turn back to using drugs, unless they are forced to complete treatment. A team of skilled professionals work together making sure that the treatment program is sufficient to supply all the needs
Alternative courts emerged to address a variety of criminal behaviors to both reduce the number of low-priority offenders entering the criminal justice system and produce recidivism rates among habitual offenders. These courts include drug courts, DUI courts, mental health courts and others to address specific crimes types. These courts were initially implemented in Miami, Florida, in 1989 to address the sheer volume of non-violent drug offenders entering the criminal justice system (see McColl, 1996). Drug treatment courts address alternative sanctioning needs and offer preventive efforts in a given community with alternative solutions to traditional incarceration. By the mid-1990s there had been little evaluative research or theoretical basis
Therefore, to explain, drug courts came into existence in the 1990’s when there was an excessive amount of juveniles and adults being arrested for drug-related offenses. The system was recycling these drug offenders through the criminal justice system since there was not a type of system or policy in place to assist these offenders from re-offending. So, juvenile drug courts were based on the adult drug court system. Juveniles were also being affected by the epidemic of drugs throughout the county, and in response over four hundred and fifty juvenile drug courts were established to aid the youth. These juvenile drug courts intervened at the correct time, and while these programs are often times a voluntary program, youth are more susceptible to this alternative rather than a criminal sanction. Juvenile drug court policy generally involves a system that is divided into phases for the participants to follow. These phases are normally around three months long, and there are either three or four phases to complete. The final purpose of this policy is to be able to dismiss the juvenile’s charges, to reduce the sentence, or possibly suspend the sentence if they successfully complete their program. However, to successfully complete juvenile drug court is not as easy as it sounds (Stein, Homan, & DeBerard,