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Racial discrimination in the justice system
Solitary confinement is a good tool to punish bad behavior
Racial discrimination in the justice system
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In conclusion, House Bill 790 was created to establish a set of guidelines on how and when to use solitary confinement for minor offenders. It is an effective bill in preventing the ever-lasting effects that long-term solitary can cause to a minor’s mental, physical, and emotional well-being. House Bill 790 incorporates effective and efficient benefits by encouraging the use of other less detrimental mechanisms for discipline before resorting to solitary. Moreover, the bill is focusing on the minor’s safety and health. When it comes to race, gender, and class, Lower-class African-American males are most likely to be imprisoned and placed in solitary for unjust reasons. More than 89% of the youth who were placed in solitary confinement for
Yet, solitary confinement is still considered necessary in order to maintain control within the prison and among inmates. Solitary confinement is seen as an effective method in protecting specific prisoners and altering violent/aggressive disobedient behaviors, (Maria A. Luise, Solitary Confinement: Legal and Psychological Considerations, 15 New Eng. J. on Crim. & Civ. Confinement 301, 324 (1989) p. 301). There is some discrepancy among researchers as to the varying effects on inmates who have undergone an extensive solitary confinement stay. Most researchers find that inmates who had no previous form of mental illness suffer far less than those who do, yet most if not all of these individuals still experience some difficulties with concentration and memory, agitation, irritability, and will have issues tolerating external stimuli, (Stuart Grassian, Psychiatric Effects of Solitary Confinement, 22 Wash. U. J. L. & Pol’y 325 (2006) p. 332). Although these detrimental psychiatric repercussions of solitary confinement currently appear, several researches have made suggestions as to how these may be avoided. These requirements being that
Isolation may help a juvenile come into conclusion about why they are justified to being in prison. From personal experience I have observed how someone that I know has been conducted to jail for a short period of time they automatically regret their actions and decisions. A real life story about a juvenile’s isolation made him recognized the crime he committed is Greg Ousley. Scott Anderson, author of the New York Times article “Greg Ousley Is Sorry for Killing His Parents. Is that Enough?”declares that Greg feels guilty after being in jail for so many years and many revelations have been exposed to him. Even though a murder might have finally rehabilitated, our systems should still protect our state and community by keeping them behind bars because you never know when another episode or attack can be
Determinate sentencing is becoming more popular in juvenile courts. It is a special statute that allows for the possibility of a juvenile serving a sentence beyond the age of 21. It specifically covers certain violent offenses and drug cases, like murder, capital murder, sexual assault, and indecency with a child. Aggravated controlled substances cases are also covered (TYC website). The alternative to determinate sentencing is blended sentencing, which allows judges to issue delinquent offenders both juvenile and adult dispositions. Depending on the behavior of the delinquent while serving out their juvenile sentence, a fail-safe postadjudication stage occurs to determine whether or not their adult sentence should be suspended or invoked (Belshaw et al, 2011).
Since the early 1800s, the United States has relied on a method of punishment barely known to any other country, solitary confinement (Cole). Despite this method once being thought of as the breakthrough in the prison system, history has proved differently. Solitary confinement was once used in a short period of time to fix a prisoners behavior, but is now used as a long term method that shows to prove absolutely nothing. Spending 22-24 hours a day in a small room containing practically nothing has proved to fix nothing in a person except further insanity. One cannot rid himself of insanity in a room that causes them to go insane. Solitary confinement is a flawed and unnecessary method of punishment that should be prohibited in the prison system.
Juvenile solitary confinement is a way to punish poor behavior in the United States juvenile prison system. However after long term negative side effects that isolation can cause in teens, the General public has been in support of isolation alternatives. In this paper I will be discussing the state by state solitary confinement rules and regulations, how rehabilitation and therapeutic services can be a healthy option as an alternative to confinement and how our nation’s youth don’t always have to feel that segregation is the only form of discipline.
...t in solitary confinement because they cannot handle the isolation. When a human being is confined to a small, windowless room in complete isolation from other human beings, the results can only be negative. Communication is key to survival, people feed off of each other to survive. Furthermore, when a human being is deprived of communication and is forced to be alone, it is an unknown experience to them. Nothing in life can prepare someone for this sick excuse of a punishment- the degree of isolation that one is expected to endure in solitary confinement is inhumane. Young people are a lot more vulnerable than adults; therefore the physical and mental effects of isolation take a greater toll on adolescents than on adults. It is not only unlawful but also implacable to place any human being, much less an adolescent, through such a ruthless form of ‘discipline’.
If a person convicted of a crime shows no signs of being mentally ill when entering a prison which enforces the long-term use solitary confinement, by the time they completed their sentence and are released, their mental health will have been severely compromised. Studies have shown that the long-term use of segregation in prisons can cause a wide variety of phycological effects such as anxiety, psychosis, depression, perceptual distortions, and paranoia, often leading to a desire to self-harm or in more severe cases suicide. Not only is it wrong to hold a criminal in solitary confinement for any longer then fifteen days, it is unconstitutional. Although many believe the use of solitary
Prison Reform in The United States of America “It is said that no one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones” (Nelson Mandela, 1994). The United States of America has more people behind bars than any other country on the planet. The prisons are at over double capacity. It cost a lot of money to house prisoners each year.
The correctional system as a whole has a significant impact on the United States. Incarceration, sexual victimization, and segregation all have a relationship of sorts. Simply stated, it is the butterfly effect. The overpopulation throughout correctional facilities across the United States leaves more opportunity for inmates to encounter sexual victimized. Additionally, the number of people placed in segregation is higher because of the large population of inmates in prison. When one decision, action, or lack thereof, is implemented, there will either be positive or negative consequences. Statistics encompassing sexual victimization,
Supreme Court ruling Graham v. Florida (2010) banned the use of life without parole for juveniles who committed non-homicide crimes, and Roper v. Simmons (2005) abolished the use of the death penalty for juvenile offenders. They both argued that these sentences violated the 8th Amendment, which prohibits cruel and unusual punishment. While these landmark cases made great strides for the rights of minors passing through the criminal justice system, they are just the first steps in creating a juvenile justice system that takes into consideration the vast differences between adolescents and adults. Using sociological (Butler, 2010) and legal (Harvard Law Review, 2010) documents, this essay will explicate why the next such step to be taken is entirely eliminating the use of the life without parole sentence for juveniles, regardless of the nature of the crime being charged.
Mental health treatment among juvenile is a subject that has been ignored by society for far too long. It has always been one of those intricate issues that lead to the argument of whether juveniles should receive proper treatment or imprisoned like any other criminals, and often trialed as adults. Many times, young people are often deprived of proper help (Rosenberg) However, we often overlook the fact that while they are criminals, they are still young, and fact or not, it is a matter of compassion that must be played from our side to help these youth overcome their harsh reality. As such, we do however see signs of sympathy shown towards juvenile. Juvenile health courts give help to youth to youth who have serious mental illness (Rosenberg). It is often asked in general, would mental health treatment cure juvenile criminals? In my opinion, when you look at the background of these young criminals, it is frequently initiated from negligence and feelings of betrayal (Browne and Lynch), of course leading to mental disorder. However, further zooming into their background, it is always proper treatment that saves them from their unfortunate circumstances. Research shows that giving juvenile criminals mental health treatment did not only reduce re-arrests but also further improve their ways of living among the society.
The juvenile justice system faces a significant challenge in identifying and responding to the psychiatric disorders of detained youth because research has shown that it is difficult to define the best means to use and enhance the scarce mental health resources (Kessler & Kraus, 2007). According to Cocozza and Skowyra (2000) “Children’s and adolescents’ mental health needs have historically been addressed inadequately in policy, practice, and research and have only the number of youth with mental illness and their level of unmet needs recognized” (p 4). Furthermore, that the juvenile justice system has gone from treatment and rehabilitation to retribution and punishment, that the prevalence is higher for youths who are involved with the system have mental health disorders when compared to the general population. In this paper I will be discussing pathways of juvenile detentions, types of mentally ill juvenile offenders, working alliance, treatment/intervention options available, challenges of untreated mental illness, and research findings.
A judge will decide if the specific inmate poses sufficient danger to other inmates or to prison officials to deserve a solitary confinement. Minors and mentally disabled inmates should never be put in solitary confinement. As opposed to being put into solitary confinement as protection, minors should be in juvenile facilities. This will keep them safer, and is less mentally detrimental. Instead of putting prisoners who commit minor transgressions in prison into solitary confinement, we should put them in small group settings, where they will have a safe amount of interaction and rehabilitation.
A deep look into juveniles in adult prisons. Touch bases on several smaller issues that contribute to juveniles being in and effects of adult prisons. The United States Bureau of Prisons handles two hundred and thirty-nine juveniles and their average age is seventeen. Execution of juveniles, The United States is one of only six countries to execute juveniles. There are sixty-eight juveniles sitting on death row for crimes committed as juveniles. Forty-three of those inmates are minorities. People, who are too young to vote, drink alcohol, or drive are held to the same standard of responsibility as adults. In prisons, they argue that the juveniles become targets of older, more hardened criminals. Brian Stevenson, Director of the Alabama Capital Resource Center said, “We have totally given up in the idea of reform of rehabilitation for the very young. We are basically saying we will throw those kids away. Leading To Prison Juvenile Justice Bulletin Report shows that two-thirds of juveniles apprehended for violent offenses were released or put on probation. Only slightly more than one-third of youths charged with homicide was transferred to adult criminal court. Little more than one out of every one hundred New York youths arrested for muggings, beatings, rape and murder ended up in a correctional institution. Another report showed a delinquent boy has to be arrested on average thirteen times before the court will act more restrictive than probation. Laws began changing as early as 1978 in New York to try juveniles over 12 who commit violent crimes as adults did. However, even since the laws changed only twenty percent of serious offenders served any time. The decision of whether to waive a juven...
Rehabilitative treatment has not always been seen as a right for juveniles. It hasn’t even been regarded as the best possible course of action for dealing with juveniles. This paper will explore the history of the juvenile system, define what rehabilitation is, and explore the balance between the benefits of rehabilitation and the interest of public safety.