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Restorative justice vs the criminal justice system
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Retribution
“Retribution is the belief that punishment must avenge or retaliate for a harm or wrong done to another” (Mays & Winfree, 2009). In contemporary corrections, retribution is found when the suspect is sentenced in court. There is multiple steps before the suspect is sentenced. After the individual is arrested for a crime, they go to trial first to determine if they are guilty or not. If the individual is guilty they more to the sentencing phase and receive a punishment equivalent to the crime they have committed. There are laws in place to determine the specific minimum and maximum time an individual can serve for each crime. Personally, it might appear slightly harsh but I believe that the Code of Hammurabi should be applied. More
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The first isolation as punishment: offenders were incarcerated in dungeons or towers to separate them from most human contact. The second is what we call the “rotten apple” response to criminal offenders: offenders were isolated to protect the rest of society from “spoiling.” In this way, prisons and jails became dumping grounds for people society rejected because they were dangerous or simply unpleasant.” (Mays & Winfree, 2009). In Contemporary Corrections, Isolation is used in a form of punishment as well. After an inmate receives a write-up they appear in front of a board. If it is determined that the inmate is guilty they receive segregation days. In segregation, the inmate is isolated from all inmates in a cell and can only exist for one hour a day. The one hour can only be used for shower or recreation time. Isolation is use for the “rotten apples” as well. There is a point system in prisons, the higher the points the worst the crime and behavior in prison. The inmates that have high points are Max inmates that are temporarily in segregation until they reduce their points. This process can take years if the inmate is not willing to learn and improve.The points will disappear if they stay long period of times without receiving write-ups. Additionally, the “rotten eggs” beyond repairs are the inmates that are on Death Row. They are permanently in segregation and can only leave if their sentences are
Believe it or not solitary confinement has been around for generations. Exiles and banishments were the very first forms of solitary, but of course the standards for exile and banishment are a bit more extreme. These sentencing were punishments for those who commit crimes and or brought shame or dishonor to a group or family. Generally if exiled or banished one was not allowed to return until proving themselves worthy of being accept it once more. As decades passed developments to solitary were made. At one point criminals were placed in dark and dirty underground holes, these methods were known as "uncontrolled" solitary. The first "controlled" solitary attempt in America was in 1829 at the Eastern State Penitentiary in Philadelphia. It is on a Quaker believe that prisoners isolated in stone cells with only a Bible would use the time to repent, pray and find introspection (Sullivan). Current solitary confinement rooms are basic, well-lit, sterile boxes. Uncontrolled and controlled solitary
Solitary Confinement is a type of isolation in prison which a prisoner is segregated from the general population of the prison and any human contact besides the prison employees. These prisons are separated from the general population to protect others and themselves from hurting anyone in the prison. These prisoners are deprived of social interaction, treatments, psychologist, family visits, education, job training, work, religious programming and many other services prisoners might need during the sentence of their imprisonment. There are roughly 80,000 prisoners in solitary confinement but 25,000 are in long term and supermax prisons. According to the Constitution, “The Eighth Amendment [...] prohibits the federal government from imposing excessive bail, excessive fines, or cruel and unusual punishment”(US Const. amend. VIII). Solitary confinement is suppose to be the last straw for inmates to be in. If they don 't follow it, they can be on death row. Taxpayers pay roughly $75,000 to $85,000 to keep prisoners in solitary confinement. That is 3 times higher than the normal prisons that taxpayers pay for them to be in prison. Solitary confinement was established in 1829 in Philadelphia for experimentation because officials believed it was a way 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
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.
Solitary Confinement is the isolation of a prisoner in a separate cell as a punishment. Aside from the death penalty, confinement is the most extreme punishment that a prisoner can be sentenced to. Prisoners deserve to maintain their human rights while incarcerated just as much as any ordinary citizen in the United States. Solitary confinement is unconstitutional because it violates the fundamental rights of inmates by physically and socially isolating them, which potentially inflicts severe long-term damage on adolescents.
Solitary confinement is a mandated arrangement set up by courts or prisons which seek to punish inmates by the use of isolated confinement. Specifically, solitary confinement can be defined as confinement in which inmates that are held in a single cell for up to twenty-three hours a day without any contact with the exception of prison staff (Shalev, 2011). There are several other terms which refer to solitary confinement such as, administrative segregation, supermax facilities (this is due to the fact that supermax facilities only have solitary confinement), the hotbox, the hole, and the security housing unit (SHU). Solitary confinement is a place where most inmates would prefer not to go. There are many reasons for this.
Solitary confinement does not help challenging prisoners in the long run. Solitary confinement actually has the potential to cause inmates to lose their ability to control and manage their anger. If an inmate continues to be violent, the result is a longer time in solitary confinement. Solitary confinement is inhumane and should be called torture. Putting and keeping an individual in solitary confinement puts them at a very serious risk of developing a mental illness, which may not be recoverable. Solitary confinement causes many effects that range in severity; it is not something that inmates should be subjected to
They can exercise in fenced in yards surrounded by concrete. Solitary confinement is either used as a punishment for prison behaviors, a protection method for targeted inmates, or a place to keep prisoners who are a threat to the general prison population. Many prisoners are put in Administrative Segregation for their
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)
The norms of the prison are held up by sanctions, both by the prisoners and by the violence of the guards. Some examples of these sanctions are the degradation ceremonies established new inmates as inferior, violence by the guards enforcing their power over the prisoners, prisoners act in such a way that these techniques fail, and being sent to solitary confinement. All of these enforce their isolation and works to break them as a human being, reminding them their role as a prisoner and their lack of power. By doing this, one would want to abide by the rules to veer away from any severe
When talking about solitary confinement, you think of a prison within a prison. Many correctional officers believe this because for 23 hours a day an inmate is locked in a small cell with little to no light, other than the window used to communicate with officers. When an inmate is in solitary confinement this means that they do not have contact with any other inmate in the prison. Majority of all solitary confinement cells are only furnished with a bed, sink, and toilet, rarely much else. These inmates are subject to staying alone in the dark and quiet for days and sometimes even longer than days, weeks even. “Today it is unusual for inmates to spend years at a time in solitary (pbs.org).” People say that this practice helps keep prisons
Prison was designed to house and isolate criminals away from the society in order for our society and the people within it to function without the fears of the outlaws. The purpose of prison is to deter and prevent people from committing a crime using the ideas of incarceration by taking away freedom and liberty from those individuals committed of crimes. Prisons in America are run either by the federal, states or even private contractors. There are many challenges and issues that our correctional system is facing today due to the nature of prisons being the place to house various types of criminals. In this paper, I will address and identify three major issues that I believe our correctional system is facing today using my own ideas along with the researches from three reputable outside academic sources.
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.
Punishment has been in existence since the early colonial period and has continued throughout history as a method used to deter criminals from committing criminal acts. Philosophers believe that punishment is a necessity in today’s modern society as it is a worldwide response to crime and violence. Friedrich Nietzche’s book “Punishment and Rehabilitation” reiterates that “punishment makes us into who we are; it creates in us a sense of responsibility and the ability to take and release our social obligations” (Blue, Naden, 2001). Immanuel Kant believes that if an individual commits a crime then punishment should be inflicted upon that individual for the crime committed. Cesare Beccaria, also believes that if there is a breach of the law by individuals then that individual should be punished accordingly.