Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Essay on prison rape elimination act
Don’t take our word for it - see why 10 million students trust us with their essay needs.
The Prison Rape Elimination Act (PREA) was established in 2003 to secure and protect prison inmates from sexual abuse (National Prison Rape Elimination Commission p.44). The idea of eliminating rape within prison systems is not only beneficial to the prisoners, but also, to the staff. Victims of sexual assault are pin-pointed for unintentionally failing to succeed in rehabilitation methods due to their experience as sexual assault victims. Simply, if the prison system fails to provide a solution, then it fails in providing the full experience of an individual attaining rehabilitation while in prison. The impact on prison rape by PREA is noted below while highlighting the underlying framework that may constitute sexual incidents. PREA undoubtedly influences the prison system and it is an effective strategy if the execution of plan is as according to its guideline.
There are many notions that must be understood prior to studying what influences the perpetration of rapes in prisons, for example, studying the context behind each scenario or case. However, there is one notion that is inevitable to disregard and that is, the consideration of ideals of punitive
…show more content…
For example, the rates of youth sexual victimization by other youth were three times more likely within a female-only facility than in that of a male-only facility (Beck p.3) but, when looking at staff -on-youth incidents, then it was more likely to occur within male-only prisons. Moreover, there were some facilities in which the concepts behind PREA were successfully explained to the inmates, by educating them as they entered the institution; these institutions demonstrated a 1.1% of sexual assault which then assumes that the execution of successful education of PREA to inmates upon arrival is effective. The frequency of the rapes or sexual assault is far less likely if staff and inmates are properly
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
Prison litigation is a form of lawsuit process with which prisoners seek relief from prison. The Prison litigation Reform Act clearly outlines an increase in the litigation of prison cases that was enacted in 1996. Through such litigations, inmates are able to fight for their rights and fair treatment in prison. For instance among the prison ligations, we have prospective relieve where one can file a lawsuit to request the prison to change some of their policies to let one for example pray amongst groups. Exhaustion of remedies for administration also allows for one to articulate grievances against the prison official before suing them. Emotional or mental injuries are among other issues of prison litigation addressed in this prison litigation
Generally, the study of crime mainly focused on the offender until quite recently. In fact, Shapland et al (1985) described the victim as ‘the forgotten man’ of the criminal justice system and ‘the non-person in the eyes of the professional participants’. A new perspective was brought with victimology, an expanding sub-discipline of crimin...
Gender is predominating in the criminal justice system and sexual assault exemplifies the contrast found between the traditional and non-traditional justice systems employed over time. Sexual assault poses a social threat to all aspects of community, spreading insecurity in 43400 victims across Australia and 13300 victims in NSW alone as indicated in the recent Australian Bureau of Statistics Crime Victimisation Report. (ABS 2011, p. 40) There has also been an increase of sexual assault by 51% since 1995 with an average of 4% every year. (ABS 2010) Another major issue within the boundaries of sexual assault is that it holds one...
Cross-gender staffing can bring up previous victimization the female offenders endured (Zinger, 2006). Many female inmates have a troubled past with males, and correctional officers’ may make prison a difficult (Zinger, 2006). There are also instances of sexual assault in regards to cross-staffing (Parkes & Pate, 2006). Many female offenders are assaulted by their superiors, however, they fail to report is since they are afraid (Parkes & Pate, 2006). This becomes a major challenge to female offenders since it can cause further victimization, making it difficult for them to rehabilitate. In turn, this complicates the offender’s ability
According to RAINN, (2009) approximately 10 per cent of all victims of sexual assault and abuse are adult and juvenile males. In terms of the nature of assault, real figures include a compendium of reported incidents ranging from unwanted sexual touching to forced penetration. To qualify this statement, it must be understood that the percentage does not reflect a vast number of crimes that go unreported due to issues that will be discussed in the present paper.
Sexually transmitted diseases in prison are a byproduct of sexual victimization as well. Sexual Victimization can include rape, being submissive to a dominant figure, and choosing the least resistant path. According to previous statistics, four percent of inmates have been sexually victimized in a given year. More recently, Beck and Stroop (2017) found similar findings. In addition to measuring sexual victimization within a year’s time, they measure it by institution type. For federal and state facilities, combined four percent of its inmates have suffered from sexual victimization. The chance of being sexually assaulted by another inmate is 2%. The chances of being sexually victimized by staff are slightly higher at 2.4%. When separating the two, data shows that those in federal corrections systems have a higher chance of being sexually victimized
...lacks, and men. Furthermore, the competing paradigms influence public policy. Those that maintain acts as voluntary are more inclined to punish the individual or group, however those that are seen to act under determined forces, judge treatment to be more suitable. Even though these theories contrast, they still contain similarities which are shared in the new penology. Aspects are taken from all to create a new perspective on crime that centres on the management of offenders.
Sexual Abuse has gained an outrageous amount of attention as it quickly inclines to the top concerns of the prison system. Officials have been severely struggling as surveys display the number of sexual assaults with no regard of the person’s age, gender, or race. Officers and other staffs have been engaging in sexual activities with inmates undermining the rules and regulation of the system, and ignoring the oath taken prior to becoming an officer. Inmates have been raped, had affairs, become pregnant and deeply involved with the staff of the prison. As a result of the struggles, officials generated the PREA Act, a policy that was put in place to help prosecute and punish officers who engaged in such behavior.
This essay has identified sanctions imposed on offenders including imprisonment and community corrections. Described how punishment is justified with the just desert and deterrence theory. Discussing the rate of individuals being imprison comparted to community, provided rates for assault which shows crime being maintained and community member feel safe enough to allow for this to
Sexual assault of men in history is recognized as a means of humiliating opponents by conquering soldiers especially the Romans. It was used as a feature of sexual torture or aggression. Rape, in this case, is motivated by a wish to dominate and degrade the victim. Man on man rape is usually discussed when the incarceration is the topic due to social media and movies. Although nearly two-thirds of the male jail inmates who had been victimized, said the staff perpetrator was female nevertheless that one-third of rape is still a cause for concern as anal trauma that occurs in male rap...
X was not raped under the extrinsic test because to be committing rape under the extrinsic test, the rape should occur under an act of force beyond the physical effort which required to achieve sexual penetration. Even though, when Y and other team members tell X that X must submit to hazing, X agreed to whatever is involved. Then again, X withdraw X consent during the sexual penetration. However, under the extrinsic test the law limits the liability. On the other hand, X was raped under the intrinsic test. Because Y and other team member employed little force to achieve sexual penetration. X has the strength and stamina, which may have helped X to fight back. X continues to submit to the penetration without any physical resistance. Furthermore, the prosecutor should ask X at trial if two days prior to the alleged hazing if X and W engaged in a physical, loving relationship. The Rape Shield Statute will not prohibit this question. knowing the cause of the bruises is relevant evidence that is valuable in determining a defendant guilt or innocence.
The first purpose of the prison is that of Public protection via incapacitation of offenders; this is considered to be the only purpo...
Punishing the unlawful, undesirable and deviant members of society is an aspect of criminal justice that has experienced a variety of transformations throughout history. Although the concept of retribution has remained a constant (the idea that the law breaker must somehow pay his/her debt to society), the methods used to enforce and achieve that retribution has changed a great deal. The growth and development of society, along with an underlying, perpetual fear of crime, are heavily linked to the use of vastly different forms of punishment that have ranged from public executions, forced labor, penal welfare and popular punitivism over the course of only a few hundred years. Crime constructs us as a society whilst society, simultaneously determines what is criminal. Since society is always changing, how we see crime and criminal behavior is changing, thus the way in which we punish those criminal behaviors changes.
The Classical School of Criminology generally refers to the work of social contract and utilitarian philosophers Cesare Beccaria and Jeremy Bentham during the enlightenment in the 18th century. The contributions of these philosophers regarding punishment still influence modern corrections today. The Classical School of Criminology advocated for better methods of punishment and the reform of criminal behaviour. The belief was that for a criminal justice system to be effective, punishment must be certain, swift and in proportion to the crime committed. The focus was on the crime itself and not the individual criminal (Cullen & Wilcox, 2010). This essay will look at the key principles of the Classical School of Criminology, in particular