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Punishment and sentencing in the criminal justice system
Punishment within the criminal justice system
Punishment within the criminal justice system
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1. The techniques of discipline, which are exhibited most by the prison of Mettray who used the division of the inmate population into hierarchical groups and constant supervision to transform criminals into docile bodies, are still in place today because of the implications they have in medicinal and judicial models. The carceral network and its influence on society has transformed society from a punitive model into a penitentiary model that produced delinquents, transformed the focus from order and offenses to the norms of society, and legalized the power to punish (the great economy of power). The carceral network also allowed the focus of the penal system to mainly focus on punishing and judging normality, allowed for inmates to be captured
and observed, and made it hard to abolish the prison because the prison was deeply rooted in the mechanisms of discipline. 2. The concept that I am having the most difficult time understanding is the first effect caused by the transition of society from a punitive mechanism to a penitentiary technique that Foucault listed. He states that this transition caused society to shift focus from order to offense and then back to the deviations of the norms of society, but I am confused about the transition from order to offense. By order, is Foucault referring to the use of punishment by the sovereign to control the citizens? 3. Because the carceral network is so deeply rooted in the use of prisons and in the use of disciplinary techniques, what changes should be made to the current prison system so that prisons do not produce as many major delinquents?
This paper is about the book 'Behind a Convict's Eyes' by K.C. Cerceral. This book was written by a young man who enters prison on a life sentence and describes the world around him. Life in prison is a subculture of its own, this subculture has its own society, language and cast system. The book describes incidents that have happen in prison to inmates. With this paper I will attempt to explain the way of life in a prison from an inmate's view.
It represented a new world of confinement that removed the convict from his community and regimented his life. It introduced society to a new notion of punishment and reform. (Curtis et al, 1985)
...sent in the justice system. Through comparison, Miakaelsen proves that healing must be a sector of concentration in justice, if society aims to retrograde the complications created by a crime. As a result of punishment being a fixation in justice, legislation is directly contributing to detriment of our society. By remaining focused on punishment, our governance is failing to erase the taint crime inflicts upon our nescient society. As citizens, we must manifest together to demonstrate our support for justice which focuses on restoration, rather than retribution. Otherwise, with solely punitive measures in place, this cycle of lawlessness will remain incessant. Is this reality of harsh discipline still acceptable if there is no obvious benefit from these methods?
...lacks, and men. Furthermore, the competing paradigms influence public policy. Those that maintain acts as voluntary are more inclined to punish the individual or group, however those that are seen to act under determined forces, judge treatment to be more suitable. Even though these theories contrast, they still contain similarities which are shared in the new penology. Aspects are taken from all to create a new perspective on crime that centres on the management of offenders.
his paper will seek to analyze the privatization of prisons in the American Criminal Justice Penal System. “Privatization” refers to both the takeover of existing public facilities by private operators and the building and operation of new and additional prisons by for-profit companies (Cheung, 2004). The developments of private prison were a huge result of mass incarceration in America. Therefore, this paper will first evaluate how private prisons are considered to be a solution to the problem of overcrowded prisons in the United States. Next, it will examine private prisons to investigate rather it was an enormous solution to the mass incarceration problem in the criminal justice system. Furthermore, it will seek to understand the idea that private prisons are less expensive to operate than public facilities operated by the state. Honestly, it will terminate the claim that private prisons cause an enormous economic growth, as development projects, in rural areas throughout the United States. Also, I will explain how the private prison industry has tremendously affected the black male and female rate of incarceration. Therefore, private prisons are not a feasible to the issue of mass incarceration; however, it does obstruct the reformation of mass incarceration by reinforcing the very same principles of the already faulty criminal justice system’s ideologies.
The norms of the prison are held up by sanctions, both by the prisoners and by the violence of the guards. Some examples of these sanctions are the degradation ceremonies established new inmates as inferior, violence by the guards enforcing their power over the prisoners, prisoners act in such a way that these techniques fail, and being sent to solitary confinement. All of these enforce their isolation and works to break them as a human being, reminding them their role as a prisoner and their lack of power. By doing this, one would want to abide by the rules to veer away from any severe
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 of punishment.
...ns constitute a structural network of supervision, in which individuals may not only be subjected to power, but also play a role in employing and exercising power. Moreover, individuals internalize such and act accordingly. As such, there has been a greater possibility for intervention in individuals’ lives, not only in terms of illegal actions but also crimes against abnormalities. The aim of contemporary discipline is the transformation of individuals into productive forces of society. The basic functioning of society rests on such. Ultimately, the nineteenth century penal regime- not limited to the judicial system- has been largely successful in exerting disciplinary power. Not only has disciplinary power dispersed outside the walls of prison, but moreover, members of society have remained unaware of its presence, as they conform to and participate in it.
Two prison systems were developed in the United States during the 1800’s. The Auburn system was developed in New York and was characterized by silent labor, and the Pennsylvania system, which was characterized by extreme isolation of prisoners from each other and from society. The main object of the system was based on the philosophy that extreme isolation would give prisoners the opportunity to reflect and repent of their crimes. However, in 1890 the Pennsylvania system was discontinued because the Supreme Court ruled on the adverse effects of solitary confinement in prisons. Despite the previous experience of the 1800’s, the development of the Supermax model emerged out of the prison violence of the 1970’s and the 1980’s, when prisoners murdered dozens of guards nationwide, including two at the maximum-security federal prison at Marion, Illinois.
It is just as difficult to prevent those who commit misdeeds in prison as it is to prevent that person from committing the crime, this is why tougher punishment is of high importance. Focusing on reform will not deter an inmate from misbehaving within or outside of prison. A unpleasant punishment however, will turn away a criminal from his misbehaviors while incarcerated and with the enduring impression of prison life outside of the cell walls. Although this article fails to address those circumstances that an inmate will need solitary confinement, it does prevail in bringing light to those few who are mistreated in prison facilities. The article those who are mistreated on the other hand are sparse and should be treated differently from those who are stable and
Technology is unavoidable in our modern lifestyle. You wake up, you use technology; you use technology while cooking, while eating, while driving. While you’re lying in bed before you fall asleep, you use technology, technology wakes you up in the morning. Is all the technology around you good for you, or is it harmful to your health? Was our society healthier or safer before all the advancements? So many questions and concerns about all of the technology we crave, but there are very few people who know the answers. Technology affects all parts of human life. It can create jobs, motivate people to get active, and assist people in learning, but this does not balance out that there are dangers that follow the use of technology.
The origin of the word prison comes from the Latin word to seize. It is fair to say that the traditionally use of prison correspond well with the origin of the word; as traditionally prison was a place for holding people whilst they were awaiting trail. Now, centuries on and prisons today is used as a very popular, and severe form of punishment offered to those that have been convicted. With the exception however, of the death penalty and corporal punishment that still takes place in some countries. Being that Prison is a very popular form of punishment used in today's society to tackle crime and punish offenders, this essay will then be examining whether prison works, by drawing on relevant sociological factors. Furthermore, it will be looking at whether punishment could be re-imagined, and if so, what would it entail?
Every country has a form of criminal justice system. This system consists in a different series of organizations that work together to defend, sentence and punish those that did not follow the law or have been involved in any type of crime. In most of the countries, the system is similar be-cause is based on law enforcement agencies, attorney generals, judges, courts of law and prisons. All of these organizations work together to contribute towards the better enhancement of the working cooperation within the criminal justice system. However, these procedures won’t al-ways be fully applicable in certain countries.
Some people support the idea that the prison system should be removed. They believe prisons are not a solution for crimes; therefore, they claim that instead of imprisonment, rehabilitation centers which are used to teach how to live a more satisfying life should be used. Also, they say that inmates can be deprived of some rights like working on governmental security and some rights of liberty. However, their opinion on this issue is insufficient, as this solution is not very effective. The reason is that rehabilitation can not work for some people who are a threat to society. Pollock (2006), in his book ‘Prisons Today and Tomorrow’ points out that panaceas do not exist, and no treatment modality or approach will be successful with all offenders because treatment programs are only one part of the prisoner’s life (p.183). As Pollock stated, rehabilitation can not effective on everybody. It may be dependent on the felon’s psychology because some inmates like to victimize other people. For instance, zodiac killer, a serial killer, who operated in California, took responsibility for murdering as many as thirty seven people. He sai...
During the middle of the eighteenth century up to the mid-twentieth centuries, we began to see the emergence of formal criminal justice system as the one we know today. At the beginning of these periods, there was no formal policing, probation systems or court systems. It wasn’t way until the 1950’s where these were established