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Theory of deterrence criminal justice
Criminal justice theory of deterrence
Theory of deterrence criminal justice
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deserve for themselves and/or their families. It is near impossible for the judges to induce the same exact punishment the offender committed. Retribution in the criminal justice system comes in the form of life in prison without parole.
Deterrence is broken into two types, which are general and specific. General deterrence is the punishment of offenders in hopes to set an example to the public. It’s intention is to lower the offenses other people might commit. Specific deterrence is punishment directly on criminals to lower the rate of them committing future crimes. Deterrence concludes that “people act rationally and think before they act.”
This means people know exactly what they’re doing before and after the crime. The only exception
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is people under the influence of drugs, alcohol, those who have psychological or mental illness and people who disobey the law under a severe emotional state. An example of general deterrence would be the sex offender registry. This platform was created to bring awareness to today’s societies about sex offenders living amongst them. This may dissuade others from committing sexual crimes. An example of specific deterrence in present day is a person being arrested for DUI.
Besides being fined he/she can get their license taken away and sentenced to prison. This would teach the person to think twice before drinking and driving. Both general and specific deterrence is effective in our society because it brings awareness to the bad consequences that can happen to you if you ignore the law.
Incapacitation is known as preventing an offender the power to commit any crimes in society by confining them in prison. If the offender seems most likely to commit further crimes they will receive a heavier sentence. A person who committed a murder on impulse for example would probably be given a minor sentence. The idea of incapacitation focuses on the criminal record and the type of crime committed to indicate if the person will most likely commit the crimes again. Incapacitation helps keep criminal offenders away from society.
However, in doing so it poses a threat of overcrowding in the prisons and expensive government funding. Another main goal of incapacitation is to possibly discourage the offender from committing any other crimes when they're released from jail or prison. Career criminals are given a longer sentence for the simple fact that committing crimes is their occupation in society. If society didn’t have a correctional system, it would be difficult to separate bad individuals from the good
one’s. Rehabilitation is the goal of “restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy.” This is known as the most engaging criminal sanction. The idea of rehabilitation is to treat offenders rehabilitated so they can stay crime-free when released to society. The offender in return is not punished but therefore treated and reformed to interact in society. These offenders are given what is called and intermediate sentence. This is granted to inmates so that while their being reformed they will cooperate with the people around them such as their counselors and psychologists. Some people view the idea of rehabilitation as a waste of time and money. Arguments toward reforming criminals suggest that there’s no logic behind behind identifying the exact cause behind the crime the offender committed. However, others agree that treatment programs do benefit the inmates that take part in them. Through surveys and polls researchers have proven that society is in favor of these rehabilitative treatments and programs.
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,
Incapacitation is a form of punishment that removes an offender from society. This model protects the public by getting the criminals off the street. Deterrence is implemented by punishing a person and using them as an example to deter others from criminal activity or through punishment that deters the individual from committing further acts. Rehabilitation is a prevention model that avoids future criminal activity of an offender by providing treatment and teaching them how to correct their path. Utilitarianism is consistent with preventative models of punishment and suggests that offenders act rationally and punishment that lowers crime will benefit society and outweighs individual harm.
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
73). This model is designed to give convicts the control to decide if they serve on low end of the range of years or the high end of the range of years. The responsibility is on the inmate to take part in and complete the rehabilitation programs within the prison successfully, or spend a longer time in prison for failure to do so. One of issues with this sentencing model is that not all convicts want to change their behavior, and often end up serving most of, if not the entire sentence. This model leads to severe overcrowding, which affects the quality of life and the rehabilitation programs within the prison. “The core problems of an increasing prison population will result in administrative release compelled by overcrowding rather than an individualized and measured assessment” (Perrin, 2010). The mixing of violent and nonviolent offenders makes it difficult to distinguish who deserves to be released, and who should remain in
Incarceration is a sanction of sentencing and is defined as confinement or imprisonment of a person following conviction of a crime. Incarceration forces an individual to be segregated from society because of their behavior and the crime that was committed at the time of arrest. The purpose of incarceration is to rehabilitate. The main focus is to deter an individual from committing a crime, and making it less likely for those who serve time in prison to recommit crimes after being release. Other focuses on incarceration are simply for punishment
Even excluding to consider the civil ramifications of imprisonment, the current standpoint neglects other measures effects. These incorporate damaging, faculty of crime and the crimes within the prison. Prison is a school of crime in which criminals first learn and then improve their skills at criminal behavior and create connections with other criminals. This account implies that incarceration removes prisoners from social networks connected with employment and instead connects them to associate with criminal activity. Some scholars have argued that incarceration does not necessarily reduce crime but merely relocates it behind bars. Increasing incarceration while ignoring more effective approaches will impose a heavy burden upon curst, corrections and communities, while providing a marginal impact on
The aims of sentencing include punishment, deterrence, rehabilitation, denunciation and protection. Punishment is used to punish the offender for their wrong conduct to an extent and in a way that is just in all circumstances and is intended to show public abhorrence from the offence. An example of a sentencing option that may be used to punish an offender includes imprisonment. A recent sentence imposed in the Tasmanian Supreme Court aimed at punishing an offender is the case of Michael Robert Keeling v State of Tasmania in which the judge needed to balance the need to punish the offender and the need to deter him and others from such conduct while keeping the best interests of the community in mind. Deterrent sentences are aimed at deterring not only the offender from further offences but also potential offenders. Specific deterrence is concerned with punishing an offender in the expectation they will not offend again whereas general deterrence is related to the possibility that people in general will be deterred from committing crime by the threat of punishment. An example of ...
Retribution – is a correctional aim which is to hold a person who has committed a crime accountable for committing a crime against another or society in the form of punishment. (Stojkovic and Lovell 2013) What we look at in retribution is when someone is punished there is legitimacy in the punishment of a particular crime that was committed. Some of the pros of retribution are retribution can make a person or society feel safer or a feeling of justice being served when a person is punished for the crime they committed. The con of retribution is during court proceedings the prosecution and the offender’s lawyer may come to a plea agreement which could give the offender a lesser sentence than what he or she would have gotten originally. (Stojkovic and Lovell 2013)
Rehabilitation is another objective of sentencing. Rehabilitation is different from incapacitation and deterrence in that it does not always involve getting put behind bars. An offender may receive a sentence of rehabilitation where they are released back into society to complete a community based sentence (Goff, 2014 p.296).
The correctional system is not a perfect system as it does not address the key issues that cause offenders to continue to be imprisoned after only one year of release. The system has been evolving from a punishment base system from the 1970s to a complex system designed to beyond the punishment to deal with the rehabilitation of the criminal mind. This allows the individual offender to recognize their faults, receive treatment and be released from the correctional system as a productive member lacking terminal deviant behavior.
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.
Those who are for incarceration present their opinions in such a way as to sway the reader toward accepting what they say as the only answer to fight back against the growing crime rate. If the prisoners are locked up in prisons, then they cannot commit crimes. Moreover, they feel that the criminals can be rehabilitated behind bars. Also, they view imprisonment as a deterrent against future crimes. For example, if a law-breaker sees his friend imprisoned for a crime he committed, then the other party will be less willing to break the law and end up in prison as well. Furthermore, punishment itself would satisfy most of society when the criminal is imprisoned.
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 ...
All over America, crime is on the rise. Every day, every minute, and even every second someone will commit a crime. Now, I invite you to consider that a crime is taking place as you read this paper. "The fraction of the population in the State and Federal prison has increased in every single year for the last 34 years and the rate for imprisonment today is now five times higher than in 1972"(Russell, 2009). Considering that rate along crime is a serious act. These crimes range from robbery, rape, kidnapping, identity theft, abuse, trafficking, assault, and murder. Crime is a major social problem in the United States. While the correctional system was designed to protect society from offenders it also serves two specific functions. First it can serve as a tool for punishing the offender. This involves making the offender pay for his/her crime while serving time in a correctional facility. On the other hand it can serve as a place to rehabilitate the offender as preparation to be successful as they renter society. The U.S correctional system is a quite controversial subject that leads to questions such as how does our correctional system punish offenders? How does our correctional system rehabilitate offenders? Which method is more effective in reducing crime punishment or rehabilitation? Our correctional system has several ways to punish and rehabilitate offenders.