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Criminal procedure and punishment
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WHAT IS CORRECTIONAL SUPERVISION? 1.Correctional Supervision Correctional Supervision is an alternative sentencing option utilized by the Court which may be imposed in terms of the provisions of Criminal Procedure Act No, 51 of 1977, and is regarded as a community based sentence. Basically there are four types of Correctional Supervision. The first is a sentence imposed in terms of section 276(1) (h) of the Criminal Procedure Act where a court sentences a person directly to correctional supervision without the person having to enter a correctional centre. The second is where a person is sentenced to imprisonment in terms of section 276(1) (i) of the Criminal Procedure Act and where the Parole Board may place the offender under correctional supervision after one sixth of the sentence has been served. The third variant is where a person has been sentenced in terms of section 287 (4) (a) of the Criminal Procedure Act to 5 years imprisonment or less with the option of a fine. Such an offender may be placed under correctional …show more content…
The above factors must be taken into account and therefore serve to guide the presiding officer when he or she considers imposing a sentence to a child and youth care center. Although not specifically stated in the Act, these factors would also guide the probation officer when compiling sentencing recommendations for the presentence report. In terms of section 76, there are 2 types of sentences to a child and youth care center. The first involves the sentencing of a child to compulsory residence in a child and youth care center which provides a program referred to in section 191(2)(j) of the Children’s Act. A sentence like this may be imposed for a period not exceeding 5 years or for a period which may not exceed the date on which the child in question turns 21 years of age, whichever date is the earliest. This is essentially the same as the old sentence to a reform
Corrections are a necessary tool to protect society from those who do harm to others or to others property. Depending on the type of crime that was committed, and if the crime is considered a state or federal charge, also depends on where the person sentenced will do his time. There are four main sentencing options available; prison, probation, probation and confinement, and prison and community split. When a person is sentenced to do their time in prison most likely they will go to a state or federal prison. If a person is ordered probation, it prevents them from going to jail but they have stipulations on their probation. This is called intermediate sanctions, which are the various new correctional options used as adjuncts to and part of probation. Some intermediate sanctions include restitution, fines, day fines, community service, intensive supervised probation, house arrest, electronic monitoring, and shock incarceration.
Community correction is a term that refers to everything ranging from diversion before the trial to the punishment that follows after the trial. This refers to any way ranging to non-inmates yet supervised ways used to deal with criminal offenders who are facing conviction or who have been convicted. Beck et al., 2001. Probation as well as parole are the two most common ways of dealing with the offenders, though there are many ways such as being confined at home, electronic surveillance, day fines, community service shock probation and residential community supervision to mention but a few. The following are some of the intermediate sanction actions in the criminal corrections.
Even though there have been many ex-cons that have left the prison system many times when they are released they are merely better-educated and skilled criminals, it does not matter how much money you have, your race, color, background, religion, sex everyone is affected because we are all a part of this problem. If you vote, if you pay taxes, if you are afraid to walk alone at night, you are already involved. More than half of all US prisoners that are serving time for non-violent offenses, and most nonviolent offenders do in fact learn a lesson while in prison: how to be violent.
Intensive Supervised Probation: Is for those offenders that are monitored constantly and closely but are not as much of a threat to the community as they are to a prison.
When people think of reform movements, they often look for one key sign, and ask one key question of whether that the reform was a success. Did the reform create a lasting change in the way people view the institution that was reformed? All the great reformation movements, from Horace Mann and his education reforms, to Martin Luther, and the Protestant Reformation, to the civil rights movement, all created lasting change in the minds of the average person. One other reform, often overlooked historically is the Prison Reform movement. As the world shifted from 18th to 19th century ways of life, many key aspects of life underwent tremendous change.
In today’s pop culture, media of all forms portrayals of correctional officers are almost always negative. Correctional officers are portrayed as bad, “meat head” type men. They are depicted as authoritarian, insensitive and without any redeeming qualities. This image of correctional officers is one in which many people believe and think of when they view prison life. These images can be found in films like “Shawshank Redemption”, where guards brutally beat, sometimes to death, the inmates they are responsible for. It is portrayed that the guards do not care about the inmates but instead hate them to the point that most believe they are always harsh and use excessive force. One harsh officer claimed he “wouldn’t piss on them [inmates]
The number of Americans that are in prison has elevated to levels that have never been seen before. Prisons in the US have always been crowded ever since the first prison was invented (Jacobs and Angelos 101). The first prison in the US was the Walnut Street Jail that was built in Philadelphia in 1773, and later closed in the 1830’s due to overcrowding and dirty conditions (Jacobs and Angelos 101). The prison system in modern US history has faced many downfalls due to prison overcrowding. Many private prison owners argue that the more inmates in a prison the more money they could make. In my opinion the argument of making more money from inmates in prisons is completely unconstitutional. If the private prisons are only interested in making
"Too many Americans go to too many prisons for far too long, and for no good law-enforcement reason … Although incarceration has a role to play in our justice system, widespread incarceration at the federal, state and local levels is both ineffective and unsustainable. . . We need to ensure that incarceration is used to punish, deter and rehabilitate – not merely to convict, warehouse and forget"(Holder). Former Attorney General Eric Holder does not dispute that prisons play an important role in the justice system. He believes that along with punishing the inmate’s prisons should provide them with rehabilitation. With the already overpopulated prison system across the US there should be alternative for lesser nonviolent offences.
An issue that is gaining in political and social importance is the issue of homosexuality. Reports of homosexuality and societal responses to homosexuality are brought up again and again in media coverage. These past few decades have seen a large increase in awareness of issues concerning homosexuality. Gender is intricately linked to homosexuality and numerous theorists have explored gender and sexuality under the umbrella term of Gay and Lesbian studies or Queer theory. In the music video of their song Inner Smile, the pop group Texas have seemingly adopted a radical image change when the groups front-person, Sharleen Spiteri, appears in drag as Elvis. The director of this video, Vaughan Arnell, utilizes Brechtian techniques of alienation to bring issues of gender to the forefront of a viewer's consciousness. The portrayal of a female singer in the persona of the legendary male sexual icon of Elvis, invokes an awareness of gender and sexuality issues through the subsequent alienation effect on the viewers, as the video, through editing and cinematography, makes it clear that Spiteri is actually a female in drag.
“Today we have the highest rate of incarceration in the world,” (Stevenson). The prison population in the U.S. has grown extremely fast over the past three decades. With almost “six million people on probation or parole,” it is clear that there is a problem with our prison system (Stevenson). I believe the prison system in the United States is outdated and unjust because of unfair sentencing, racial discrimination, and the privation of the prison system.
The prison system in the United States was not always like it is today. It took mistakes and changes in order to get it to the point it is at. Some people think that prisons should still be being changed while others feel that they are fine the way they are. It is hard to make an argument for one side or the other if one does not know about the history of prisons as well as the differences between prisons structures and differences in prison management. Knowledge of private prisons is also needed to make this difficult decision.
There are many things that will affect you in prison. I’m going to give you several facts about how it will. My first topic is physical health. At the time of prison release, one half of men and two thirds of women reported having been diagnosed with a chronic physical health condition. Physical health status was assessed by asking respondents to note those conditions that a doctor or nurse had diagnosed them with. Table 3 shows full range of conditions that respondents were asked about their self-reported rates of illness for comparison purpose, these are displayed alongside national prevalence estimates for correctional populations developed by the National Commission on Correctional Health care. Asthma hepatitis infection
for youngsters who have a long history of convictions for less serious felonies for which the juvenile court disposition has not been effective” (qtd. in Katel).
Throughout this paper, one will obtain a better understanding of the correctional system and how it is an important aspect of the criminal justice system. Therefore, the history of corrections, their mission statement, and sentencing goals will be briefly discussed. In the correctional system, there are different alternatives to imprisonment, such as probation, parole, and intermediate sanctions. I believe that parole makes a significant impact on the criminal justice system because it gives inmates who have already served time and shown good behavior the opportunity to be released early from prison. For example, there are two primary models of parole. First, the parole board grants a prisoner their parole based on their judgement
The United States of America contains the third largest population in the world, as well as the world’s largest prison population (Aliprandini and Finley). In order for the large criminal justice system to be successful, it must have a strong parole system. But the U.S. parole system is known to have a multitude of problems within it. Many of these problems can be solved by focusing on the relationships between the parole officers and the parolees (a person on parole). By participating in systems to better the work ethic of parole officers. Following through to fixing these affairs may seem unrealistic, however the outcome would be beneficial to society.