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The role of criminal law
Prison vs rehabilitation
Solitary confinement cause and effect paper
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Recommended: The role of criminal law
Cruel and unusual punishment: it's time to end solitary confinement, written by Debra Parks outlines the conflicting problems of solidary confinement and how correctional facilities need to aid in helping prisoners instead of adding to their mental instabilities. Within this discussion, I will produce a framework based on the theories of Emile Durkheim concerning social solidarity and the “Penal Law”, debating how confinement and punishment should be controlled in society.
The overall outlook of the article explores how methods of isolation are common practices within Canadian jurisdiction. Throughout the article, Debra Parks discusses how this treatment of confinement is mostly given to minorities, including those who are indigenous, black and women. These issues are becoming increasingly problematic throughout Canada. Officials’ working in the prison industry state that confinement is the most secure and beneficial way of protecting inmates from risks and danger. Prison officials also state that confinement is an advantageous method of rehabilitating prisoners from psychological issues, including self-harm and other mental illnesses. However, research shows that confinement does to provide any type of benefit to the inmate, the prison, or the community as a whole. From this research, the treatment of these prisoners has caused a major uproar from the politicians to the community itself
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The emphasis on the penal law suggests that these certain laws and rules are made and implemented within society to ensure that harm and other offences are avoided. Furthermore, Durkheim argued that the penal law and the social practices that are evident is what helps regulate society, as he states that without these rules, individuals within this society will follow no collective practices or obedience and from this, will feel no sense of
People expect a penitentiary to hold inmates, especially dangerous ones, for as long as the court determines they should serve. Kingston Penitentiary has been doing that for many years. But it has also dedicated to the reform of inmates. What that means has changed dramatically over time. (Curtis et al, 1985)
When envisioning a prison, one often conceptualizes a grisly scene of hardened rapists and murderers wandering aimlessly down the darkened halls of Alcatraz, as opposed to a pleasant facility catering to the needs of troubled souls. Prisons have long been a source of punishment for inmates in America and the debate continues as to whether or not an overhaul of the US prison system should occur. Such an overhaul would readjust the focuses of prison to rehabilitation and incarceration of inmates instead of the current focuses of punishment and incarceration. Altering the goal of the entire state and federal prison system for the purpose of rehabilitation is an unrealistic objective, however. Rehabilitation should not be the main purpose of prison because there are outlying factors that negatively affect the success of rehabilitation programs and such programs would be too costly for prisons currently struggling to accommodate additional inmate needs.
Many people have tried to stop the use of solitary confinement by calling it “Cruel and Unusual Punishment. (Holt vs. Sarver, 1969).” People also say that it is a direct violation of our eighth amendment rights. The definition of cruel and unusual punishment is as follows: “Such punishment as would amount to torture or barbarity, any cruel and degrading punishment not known to the Common Law, or any fine, penalty, confinement, or treatment that is so disproportionate to the offense as to shock the moral sense of the community. (Farflex Inc., 2011).” Studies show that solitary confinement can alter the mental state of a prisoner so far that it is detrimental to his or her health; I see no reason why this cannot be classified as cruel and unusual punishment. In an experiment conducted by the BBC’s Horizon group, they studied the effects ...
With matted hair and a battered body, the creature looked at the heartless man outside the cage. Through the dark shadows you could only see a pair of eyes, but those eyes said it all. The stream of tears being fought off, the glazed look of sheer suffering and despair screamed from the center of her soul, but no one cared. In this day in age I am ashamed to think that this is someone's reality, that this is an accurate description of a human being inside a Canadian women's prison . Exposing the truth behind these walls reveals a chauvinistic, corrupt process that serves no greater purpose. The most detrimental aspect of all is society's refusal to admit the seriousness of the situation and take responsibility for what has happened.
Locking a prisoner in a cell the size of a person’s bathroom, for 22 to 23 hours a day, without any human contact, violates every one of those values. The use of long-term solitary confinement is said to be form of torture, a form of cruel, inhumane, and degrading treatment prohibited by law. Solitary confinement is not only cruel, it tends to be counterproductive, and cause people to become angry, and raged with the system rather then think positively about their reintegration process. After the becoming publicly known the deaths of several imamates while in long-term solitary confinement, in Ontario prisons the Ontario Human Rights Commission has began to investigate several prisons across the province. According to Marie-France Lalonde, Ontario's corrections minister “We really want to see a clear legal framework that not only defines segregation but requires independent oversight of segregation decisions, includes caps for consecutive and aggregate periods of segregation and explicitly prohibits segregation for people with mental health disabilities, physical disabilities and pregnant women” (Porter, 2017, para. 16).
The effects of prolonged isolation for inmates in confinement cells are obsessive-compulsive tendencies, paranoia, anger-management issues, and severe anxiety (Sifferlin, Alexandra). Along with the basic concepts such as food, water, and shelter, there are two other basics that Dr. Terry Kupers states are required for human wellbeing: “social interaction and meaningful activity. By doing things we learn who we are and we learn our worth as a person. The two things solitary confinement does are make people solitary and idle” (Sifferlin, Alexandra). Isolation and confinement remove prisoners’ ability to perform significant tasks and act as a part of society. This dehumanizes the inmates because they are no longer able to understand their role as a human being. One inmate, Jeanne DiMola, spent a year in solitary confinement and expressed her thoughts while in the cell: “I felt sorry I was born … Most of all I felt sorry that there wasn 't a road to kill myself because every day was worse than the last" (Rodhan, Maya). In DiMola’s opinion, a death penalty more than likely would have felt more humane than the isolation she experienced. Another prisoner, Damon Thibodeaux, stated, “Life in solitary is made all the worse because it 's a hopeless existence … It is torture
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
The past two decades have engendered a very serious and historic shift in the utilization of confinement within the United States. In 1980, there were less than five hundred thousand people confined in the nation’s prisons and jails. Today we have approximately two million and the numbers are still elevating. We are spending over thirty five billion annually on corrections while many other regime accommodations for education, health
Thousands of people statewide are in prisons, all for different reasons. However, the amount of mental illness within prisons seems to go unaddressed and ignored throughout the country. This is a serious problem, and the therapy/rehabilitation that prison systems have do not always help those who are mentally ill. Prison involvement itself can contribute to increased suicide (Hills, Holly). One ‘therapy’ that has increased throughout the years has been the use of solitary confinement, which has many negative effects on the inmates.
Canada reached its utmost population rate in 2013, with 15,000 inmates; this is a drastic increase of 75% in the past decade. Incarceration rates are rapidly increasing as crime rates decrease. Upon release, former prisoners have difficulty adapting into society and its social norms. Criminologist, Roger Graef states that, "the vast majority of inmates, the loss of local connections with family, job, and home sentences them again to return to crime." Prisoners often result in lethargy, depression, chronic apathy, and despair, making them ultimately rigid and unable to assimilate back into the public. Depression, claustrophobia, hallucinations, problems with impulse control, and/or an impaired ability to think, concentrate, or remember are experienced by prisoners who are isolated for a protracted amount of time; research has indicated that prisons can cause amenorrhea, aggressive behaviour, impaired vision and hearing, weakening of the immune system, and premature menopause. With the lack of system programs, the constant violence, and the social isolation, the prison system fails to prepare prisoners for reintegration to society. Prisons do not provide the proper structural functionalism to rehabilitate former long-term prisoners into society.
It is said that prison should be used for more serious crimes such as rape, assault, homicide and robbery (David, 2006). Because the U.S. Prison is used heavily for punishment and prevention of crime, correctional systems in the U.S. tend to be overcrowded (David, 2006). Even though prisons in the U.S. Are used for privies on of crime it doesn 't work. In a 2002 federal study, 67% of inmates that
Many people idealized the relevancy of living in a civilized world, where those who break the law are reprimanded in a less traditional sense of punishment in today’s standard. Instead of just doing hard time, programs and services could and should be provided to reform and rehabilitate prisoner. Despite standard beliefs, many individuals in prison are not harden criminals and violent offenders, many of these people suffer mental illness and substance abuse Hoke
Prison was designed to house and isolate criminals away from the society in order for our society and the people within it to function without the fears of the outlaws. The purpose of prison is to deter and prevent people from committing a crime using the ideas of incarceration by taking away freedom and liberty from those individuals committed of crimes. Prisons in America are run either by the federal, states or even private contractors. There are many challenges and issues that our correctional system is facing today due to the nature of prisons being the place to house various types of criminals. In this paper, I will address and identify three major issues that I believe our correctional system is facing today using my own ideas along with the researches from three reputable outside academic sources.
2nd ed. of the book. USA: Penguin Books, Ltd. [Accessed 01 January 2014]. The Prison Reform Trust.
Sociological analysis of the role of punishment in modern society started with the question of what the role and limits of the power of government should be. Through development, sociology became a 'separate discipline'. (Ibid., p8) Here, Emile Durkheim saw that the only source of moral authority in modern society was the law. In terms of punishment, Durkheim saw the criminal law and the punishment system as a way for society to express its rules and values. This meant that moral boundaries were outlined and sustained through the assertion of penalties for crimes.