“Intermediate sanctions are correctional programs that fall somewhere between probation and prison, (pg. 124, Allen).” Due to over crowded prison in the U.S. the government had to look to an alternative, which is intermediate sanctions, a step up to probation. Intermediate sanctions allow offenders to be released back into the community while still being monitored. “The sanctions are based on the sentencing goal of rehabilitation, which is a type of penalty used to reform the offender and return the offender to society as a law-abiding citizen. Intermediate sanctions alleviate prison overcrowding by allowing more offenders to participate in programs designed to reform the offender while the offender lives as a part of the community, (Study.com).”
In 1963, the Model Penal Code (MPC) formed a way to standardize and organize criminal codes enacted by the states. Judges often rely on the MPC when handling criminal law decisions (Model Penal Code, n.d.).
Igor Primoratz’s article, “Justifying Legal Punishment” presents the argument which illustrates that the only punishment which is correlative to the offense of murder is the death penalty. In this article he speaks out that a murder’s equal punishment is to be killed. As long as the murderer is alive, he can experience some values which he took from another human being. He supports this argument with many inconsiderable reasons. One of the reasons is that there is a time period which is that lapses between the passing of a death sentence and its execution. This argument is then supported by the claim that this period can last from several weeks or months, and this can extends to years (390). However, this view does not support the view of abolitionists,
Overall, intermediate sanctions have pros and cons as opposed to the method of incarceration. Benefits that are present tend to correlate with the idea of helping both the offender and society, the ability to let an offender still be punished but not to the extent of being too harsh such as imprisonment, and the ability to not overcrowd jails and to focus on more severe cases. Now referring to the negative side of things, intermediate sanctions are very uncertain when it comes to the ethicacy and philosophy behind these
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.
Throughout his novel, Texas Tough: The Rise of America’s Prison Empire, author and professor Robert Perkinson outlines the three current dominant purposes of prison. The first, punishment, is the act of disciplining offenders in an effort to prevent them from recommitting a particular crime. Harsh punishment encourages prisoners to behave because many will not want to face the consequences of further incarceration. While the purpose of punishment is often denounced, many do agree that prison should continue to be used as a means of protecting law-abiding citizens from violent offenders. The isolation of inmates, prison’s second purpose, exists to protect the public. Rehabilitation is currently the third purpose of prison. Rehabilitation is considered successful when a prisoner does n...
Continuum sanctions is a new innovated system that allows judges to use more discretion when dictating the punishment or treatment of a juvenile based on how serious the offense is that the juvenile has committed (Bartollas, 2014, p. 388). In continuum sanctions judges can also decrease or increase the severity of the punishment or treatment given depending on how well the behavior of the juvenile is improving during the treatment, judges can rely on intermediate sanctions that are less intrusive if the juvenile is making good progress or more intrusive intermediate sanctions if the current treatment is not helping the juvenile (Bartollas, 2014, p. 388).
“You are hereby sentenced to life without the possibility of parole”. These are the words that a juvenile in America is likely to hear. Collectively, as a nation, the United States has incarcerated more juveniles with life sentences than any other nation. With this fact the arguments arise that juveniles should not be punished the same was as an adult would be but, is that really how the justice system should work? To allow a juvenile who recently robbed a store only get a slap on the wrist? Not comprehending that there are consequences for their actions and how what they have done affects the victims.
Corrections are a necessary tool to protect society from those who do harm to others or to others property. Depending on the type of crime that was committed, and if the crime is considered a state or federal charge, also depends on where the person sentenced will do his time. There are four main sentencing options available; prison, probation, probation and confinement, and prison and community split. When a person is sentenced to do their time in prison most likely they will go to a state or federal prison. If a person is ordered probation, it prevents them from going to jail but they have stipulations on their probation. This is called intermediate sanctions, which are the various new correctional options used as adjuncts to and part of probation. Some intermediate sanctions include restitution, fines, day fines, community service, intensive supervised probation, house arrest, electronic monitoring, and shock incarceration.
Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against mandatory sentencing. I will show the reasons for this topic, as well as give you my personal brief on which I support.
The correctional system’s two main goals in penalizing offenders are to rehabilitate and to maintain behavior (Orth 2003). Our justice system is in charge finding the offender guilty and handing down
Although people are sent to correctional institutions as punishment, he/she must not suffer pains beyond the deprivation of liberty no matter what the reason is for incarceration. Prisoners must always be treated humanely and in accordance with his/her behavior (Peak, 2007). Although punishment, by definition, involves the infliction of pain, the incapacitation itself is the punishment. Inmates are deprived of their liberty, and therefore incarceration is painful to those who value their liberty. Imprisonment may also lead to psychological punishment, which occasionally leads to mental and moral deterioration. The benefits of imprisonment include deterrence, incapacitation, and rehabilitation or
As the current prison structures and sentencing process continues to neglect the issues that current offenders have no change will accrue to prevent recidivism. The issue with the current structure of the prison sentencing process is it does not deal with the “why” the individual is an social deviant but only looks at the punishment process to remove the deviant from society. This method does not allow an offender to return back to society without continuing where they left off. As an offender is punished they are sentenced (removal from society) they continue in an isolated environment (prison) after their punishment time is completed and are released back to society they are now an outsider to the rapidly changing social environment. These individuals are returned to society without any coping skills, job training, or transitional training which will prevent them from continuing down th...
Community-based corrections offer a viable alternative to imprisonment. As an alternative, a community-based correction save on cost, reduces prison populations, is an effective form of rehabilitation, is humane, and supported by public opinion. However, despite the potential for community-based correction for reducing prison population, this has not been the case. Judges are reluctant to hand community sanctions, and sentencing philosophy does not support it as an alternative mechanism for punishing offenders (Mackenzie, 2001).
The earlier punishment goals historically were harsher and less humane in dealing with the individuals that participated in crime. Historical community based sanctions addressed criminal acts by self-banishment and isolation to designated regions are away from particular regions as a way to cut down on incarceration and punishment.
Recidivism/repeated offense is the repetition of criminal activity, and it is determined by a prisoner who is released from the prison return to prison for a new offense. Rates of recidivism indicate the amount of released inmates have been rehabilitated, and the degree of severity of the punishments outside the prison. “An estimated 67.5% of prisoners released in 1994 were rearrested within three years, an increase over the 62.5% found for those released in 1983”(Bureau of Justice Statistics, 2014). High rates of recidivism result in enormous costs, in the area of public safety, and high rates of recidivism could lead to disastrous social costs to the communities and the offenders themselves, as well as their families. Hence, the severe punishment in order to reduce the recidivism is necessary, as well as the education for prisoners is important, too.