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The american prison system essay
Us prison system essay
Discuss deterrence
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The American prison system has long touted the principal of deterrence – meaning that crime can be controlled by giving very harsh sentences to those who are caught, hoping that future crimes will be avoided because a would be perpetrator sees and fears what the potential punishment of following through with such an act might be. The idea that a single person’s punishment is going to keep others from committing a crime a key argument for our system of crime and punishment. This paper is going to focus on this currently failing policy of deterrence, examining its true nature, and then discuss its place, if any, that it has in our law enforcement system.
To fully understand the scope and nature of the problems related to deterrence, one must understand a few facts about deterrence itself. Many people often confuse deterrence with retribution or punishment, but that it is not. Instead of serving your “debt to society” for a crime you committed, under the principal of deterrence you are serving your punishment to keep you and your neighbors from doing the same crime. Operating according to the deterrence model necessitates two principal assumptions: that imposing a stiff penalty will dissuade someone from committing crimes in the future and secondly, that the fear of this punishment will prevent future crimes perpetrated by others. (Wright, 2010) One very important idea here is that it is a “stiff” penalty, a penalty that others won’t forget.
There are many faults in this argument, with the largest being the amount of faith put into mankind. First and foremost, the deterrence model relies on the people to be rational. It assumes that all human adults are capable of and do consider the consequences of their actions. It does not take i...
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...as people have been prosecuted. If a convict is able to better himself while incarcerated, they are more likely to succeed upon release and not end up back in prison. (Parenti, 2008)
Deterrence, in its current form, is useless and counter intuitive. Not only is it failing to stop crime but it is encouraging it by sending low level offenders to what essentially is a crime school. Deterrence stands on two mechanisms to work: people seeing others getting arrested and turning away from crime fearing the same, and giving people who are caught long sentences so that it may seem even scarier. It has become a necessity to get rid of the long sentences for the sake of deterrence itself. Through education, both in the community and while incarcerated, amazing things can be accomplished and we can look forward to having a more just, logical, and helpful corrections system.
Houser, K. (2014). Nature of Crime, Deterrence Theory. Lecture conducted from Temple University, Ambler, Pa.
In Western cultures imprisonment is the universal method of punishing criminals (Chapman 571). According to criminologists locking up criminals may not even be an effective form of punishment. First, the prison sentences do not serve as an example to deter future criminals, which is indicated, in the increased rates of criminal behavior over the years. Secondly, prisons may protect the average citizen from crimes but the violence is then diverted to prison workers and other inmates. Finally, inmates are locked together which impedes their rehabilitation and exposes them too more criminal
The three-strikes law is defined as “judges sentence offenders with three felony convictions (in some states two or four convictions) to long prison terms, sometimes to life without parole (Cole 2014). The purpose of the three strikes law includes is incapacitation and deterrence (Cole 2014). The purpose of a sentencing and the goals of punishment ideally are meant to correspond to each other. The goals of punishment include retribution, deterrence, incapacitation, rehabilitation, and restorative punishment (Cole 2014). Deterrence is broken down into either specific or general deterrence. General deterrence is defined as punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses”. Specific deterrence is defined as “punishment inflicted on criminals to discourage them from committing future crimes”. Lastly, incapacitation is defined as “depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison” (Cole 2014). Two empirical articles research the effectiveness of the three strikes law on crime trends, the impact the law has on population prisons, effect on a prisons budget,
This paper will be focusing on the courts as the specific sub-system in the criminal justice system. As said in the book the court system is responsible for charging criminal suspects, carrying out trials, and sentencing a person convicted of a crime. The fear of crime influences criminal justice policies in the court system. One way it does this is with the courts sentencing. Courts are able to give out severe punishments as a method of deterrence. This specific type of deterrence would be general deterrence. The book says that general deterrence theory should work if the punishment is clear, severe, and done swiftly. According to this theory, crime rate should drop because people will fear the punishment. The other way fear of crime influences
She makes two points of difference between the views of deterrence and the moral education theory. First, in the moral view of education, the state is concerned to educate its citizens morally so they will not choose the wrong behavior (Hampton, 276). Secondly, the criminal is not to be used for social engineering (Hampton, 276). The second point is important. Deterrence justification of punishment is often used as a warning or an example to others to not do this action. Eventually, that would be a side effect of any public form of punishment which the moral view of education does not rule out. However, deterrence’s means to the end is a social purpose, using the criminal as the
The major goal of the Australian prison at the beginning of the 20th century was the removal of lawbreakers from their activities in society (King, 2001). The Australian legal system relies on deterrence (Carl et al, 2011, p. 119), that is, a system that has two key assumptions: (i) specific punishments imposed on offenders will ‘deter’ or prevent them from committing further crimes (ii) the fear of punishment will prevent others from committing similar crimes (Carl et al, 2011, p. 119). However it is not always the case that deterrence is successful as people commit crime without concern for punishment, thinking that they will get away with the crime committed (Jacob, 2011). Economists argue that crime is a result of individuals making choices
For years now, incarceration has been known to be the center of the nation’s Criminal Justice Center. It’s no secret that over time, the criminal justice center began experiencing problems with facilities being overcrowded, worldwide, which ended up with them having to make alternative decisions to incarceration that prevent violence and strengthen communities. These new options went in to plan to be help better develop sentencing criminal offenders.
Societies have since time immemorial had to deal with wayward individuals who committed various offenses that harms the well-being of other members of the society. Within each community, there are good people and there are bad people. To promote positive overall wellbeing of the community, it is important that individuals of that particular community have systems and mechanisms in place to help deal with those who offend others and deter them from committing further offenses. Traditionally, the most common way to deal with such offenders and deter any more crime was punishment. Depending with the type of crime that an individual has committed, appropriate punishment would be meted out to them so as to make them regret their actions, deter them from committing such crimes again, and set an example to other members of the community who may think of involving themselves
Deterrence – is connected to punishment where it is a way to let a person who has committed a crime know and to let the rest of society or those looking to commit a crime know it will not be tolerated or accepted and there is the possibility of some form of punishment. (Stojkovic and Lovell 2013) If a person or society sees what can happen if they commit a crime by seeing what happens to others then they are more likely to obey the laws and live an honest lifestyle.
During the 1970s, the top argument in favor of the death penalty was general deterrence. This argument suggests that we must punish offenders to discourage others from committing similar offenses; we punish past offenders to send a message to potential offenders. In a broad sense, the deterrent effect of punishment is thought to b...
The “aim is utilitarian, that is, to prevent future crime by rehabilitating offenders or protecting the community, and thus, it takes a forward orientation to punishment.” (Daly, 2011, p.7). Deterrence is a theory developed by proponents who believe that this method dissuades criminal offenders from committing offences through fear of penalty or retribution. Punishment is a Theory of punishment which can be divided into two general viewpoints: utilitarian and retributive. The utilitarian theory punishes offenders to discourage them from committing offences while the retributive theory punishes offenders because they deserve to be punished. Punishments can range in severity from penalties (fines) to Imprisonment and in some places death. Rehabilitation is another utilitarian justification for punishment, the aim of rehabilitation is to avoid future crime by giving offenders the ability to rebuild there lives within the boundaries of the law. Rehabilitation methods for criminal offenders include treatment for conditions such as mental illness, addictions and violent behaviour. Protection is the theory that punishment should protect society from offenders and criminal activity for example community service protects the community from vandals and low risk offenders by taking away their time while capital
Deterrence suggests that people are “deterred” from a crime by the threat of punishment. In other words, people won’t commit a crime if the ramifications that were to follow are so severe. Deterrence comes in two flavors, specific and general. Specific deterrence refers to the “threat of punishment” being directly aimed towards a particular individual who has already committed the crime through actually experiencing the punishment first hand. An example of this may be, being convicted of a crime and as a result being sentenced to so many years in jail or prison. However, in order for it to be successful, the “previously ...
By definition, deterrence refers to the belief that society has the ability of halting any criminal activity, by ensuring that it makes the punishment more severe than the gains of the crime (Lambert & Clarke,2015). Deterrence takes place in two forms; the specific deterrence and general deterrence. the difference between the two is that in specific deterrence aims at individual criminals. In this regard, by ensuing that the punishment is harsher, the chances of the offender repeating the same crime in the future is reduced(SAGHAFI,2012). On the other hand general deterrence is used in the public where the society aims at making an example of the offender(Lambert & Clarke,2015). Essentially, the point is to make the other people learn the lesson, to avoid committing the same crime. A good example of deterrence is punishing a person that stole something from someone else by making the criminals stay without food for an entire week. This form of punishment aims to show the offender that stealing did not have any benefits that outweighed staying hungry for a whole week. They would therefore reconsider before stealing again. Showing this to the public will also warn the others from stealing, lest they suffered the same
This research seeks to establish whether making the penalty stiff will work in repeating repeat and future offenders. This research is tied to a larger theory that harsh punishments act as a deterrent to crime. They work by making people not commit a crime for fear of the punishment that is going to follow. This research is applicable across many facets of crimes that are rampant. It is going to help identify whether enacting stricter laws and enforcing them helps in reducing the relate...
Deterrence means to punish somebody as an example and to create fear in other people for the punishment. Death penalty is one of those extreme punishments that would create fear in the mind of any sane person. Ernest van den Haag, in his article "On Deterrence and the Death Penalty" mentions, "One abstains from dangerous acts because of vague, inchoate, habitual and, above all, preconscious fears" (193). Everybody fears death, even animals. Most criminals would think twice if they knew their own lives were at stake. Although there is no statistical evidence that death penalty deters crime, but we have to agree that most of us fear death. Suppose there is no death penalty in a state and life imprisonment without parole is the maximum punishment. What is stopping a prisoner who is facing a life imprisonment without parole to commit another murder in the prison? According to Paul Van Slambrouck, " Assaults in prisons all over US, both against fellow inmates and against staff, have more than doubled in the past decade, according to statistics gathered by the Criminal Justice Institute in Middletown, Connecticut" (Christian Science Monitor, Internet).