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Punishment over rehabilitation
Punishment over rehabilitation
Punishment over rehabilitation
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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.
“The nation 's first drug court was established in Florida in 1989, and there are now more than 2,500 operating nationwide” (Rankinf and Teegardin). From that moment in 1989, America’s judicial system decided to re-evaluate how the courts had been approaching drug addiction and crime. Instead
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.
Drug courts were first established in Miami in 1989 and have continued to grow today. Over the past twenty-four years, drug courts have provided a treatment-orientated approach to help defendants with drug-related crimes. The constant interaction of the drug court provides the needed structure for participants to maintain their involvement in the program. Understanding the overall goals of the drug court and the outcomes of participants in the drug court program are the key factors in measuring the success of the drug courts.
Starting in 1970s, there has been an upward adjustment to sentencing making punishment more punitive and sentencing guidelines more strict. Martinson's (1974) meta-analyzies reviewed over 200 studies and concluded that nothing works in terms of rehabilitating prisoners. Rehabilitating efforts were discontinued. The War on Drugs campaign in 1970s incarcerated thousands of non-violent drug offenders into the system. In 1865, 34.3% of prison population were imprisoned for drug violation. By 1995, the percentage grew to 59.9% (figure 4.1, 104). Legislation policies like the Third Strikes laws of 1994 have further the severity of sentencing. The shift from rehabilitation to human warehouse marks the end of an era of trying to reform individuals and the beginnings of locking inmates without preparation of their release. Along with the reform in the 1970s, prosecutors are given more discretion at the expense of judges. Prosecutors are often pressure to be tough on crime by the socie...
What is Drug Court? According to Siegel (2013), drug courts are courts designed for non-violent offenders with substance abuse problems who require integrated sanctions and services such as mandatory drug testing, substance abuse treatment, supervised release, and parole. These courts are designed to help reduce housing nonviolent offenders with violent inmates. Drug courts work on a non-adversarial, coact approach.
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
Right now in the United States there are over 2 million people incarcerated in the country’s prisons and jails. Out of this population about one-quarter of these inmates have been convicted of a drug offense. With drug offense arrests increasing nationwide and the prison population increasing there is an alternative to incarceration has been used over the past two decades in many cities across the country. This alternative is in the form of local drug courts that are now found in most major cities in the United States. A drug court is a specialized court in which the judge, prosecutor, public defender or private attorney, probation officers, and treatment counselors work together to help chemically dependent offenders obtain needed treatment and rehabilitation in an attempt to break the cycle of addiction and further criminal offenses. Some argue that treatment rather than incarceration is a waste of time and valuable resources that could be used elsewhere. Research however has shown that court ordered treatment is the best option for drug offenders. Treatments through drug court has proven to be less expensive than incarceration and has also been shown to reduce crime and provide a lower relapse and re-arrest rate for offenders that are placed in drug courts as opposed to those that are not.
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
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
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...
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.
The first drug court was rooted in 1989, in Miami-Dade county Florida and its purpose was to close the divide between drug treatment and the criminal justice system. Many large-scale pharmacies publicized merchandise that contained heroin, cocaine, and codeine as refreshing drinks, medicine for kids, and cough suppressants. It became clear that opiate addiction was increasing widely, doctors turned to cocaine, which was touted as a nonaddictive cure that Sigmund Freud called a “magical drug”. Substance abuse is a constant problem in the United States. Many people who see drug abuse as a disease do believe it is important to seek treatment and also look at drug abuse as a crime that includes consequences that the drug court is in place for. So the question is, are the drug courts essential to helping an addict recover and, do their methods and treatments really work?
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,