...Experts have different views about how to deal with recidivism. Some believe that custodial sentencing is the best way of reducing re-offending, others think that prison may not be the solution and that there are better alternatives. There is also much debate about whether treatment programmes reduce re-offending. Discuss ways of dealing with the problem of recidivism, refer to the views outlined above in your answer. (12) Custodial sentencing is the imposing of a punishment, consisting of mandatory custody of the convict, either in prison (Incarceration) or in some other closed therapeutic/reducational institution. As recidivism refers to the re-offending rate, critics argue that custodial sentencing does not work and cite high recidivism rates as evidence for this. This is due to official statistics showing that 70% of offenders re-offend after custodial sentencing within 2 years of release, which consequently shows that prison may not be the solution. Even with high recidivism rates, custodial sentences might stop more crime than noncustodial sentences. These findings are inconsistent with prisons as a powerful specific deterrent (dwelling on actions/message goes out to the public) and high recidivism rates suggest that many offenders simply are not moved by imprisonment enough to stay out of trouble. On the other hand however, custodial sentencing has been proven to be a good solution as it has been found that not every type of offender re-offends, sex offenders have been...
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...The Alternative Sentencing Policies and Solutions This comprehensive analysis describes the different possible alternative solutions for women, and juvenile offenders. The Bureau of Justice Grant programs developed incentives for other programs to decrease the overcrowded conditions for most state and federal prisons. These grant programs provided the information and incentives for state governments to expand, build, and adapt closed military bases as extension of the federal penal prison system. This initiative encouraged local and state courts to implement truth-in-sentencing and alternative sentencing concepts to lessen the burden of overcrowded prison systems. The grants divided in half for building prisons to increase the bed space for violent offenders, and the other half for alternative solutions to incarceration. The incentive funds used for more alternative solutions; prison islands, or barges, or closed military bases. Sentencing Drug Statistics The Bureau of Justice Statistics (BJS) reported four to one ratio of prisoners showed under the influence of drugs, or alcohol while committing the current crime, or at the time of the violation (Langan, P, & Levin, D, 2002). The BJS showed detailed statistics report of 400; 000 people arrested for drugs, or drug-related offenses; 70% sent to state prisons, 40% drug-related offenses, 32% alcohol-related offenses, and 20% other violent crimes. The survey researched by the Department of Justice (DOJ) along with the (BJS) report...
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...Sentencing and Punishment Paper Karen Peters CJS/200 03-31-2013 Brenda Barney Sentencing and Punishment Paper There are several philosophies used in the court systems that are used in determining what the punishment will be for criminals that are found guilty for the crimes they have committed. The four philosophical, reasons are used in juvenile and adult courts; they are retribution, incapacitation, deterrence, and rehabilitation. Juvenile courts are similar to how that adult court systems, but there are several differences of the two. Both systems work at trying to keep crime from occurring, and they both us some sort of sentencing and punishment for the criminals that are found guilty, they use the punishment philosophy that courts use to determine a punishment suitable for the crime and that will help with future prevention of crimes happening from the same offenders. Six forms of punishments go along with the four philosophical forms. The first philosophical reason is retribution; this is the earliest form that is known as a rationale punishment, it followed the Old Testament of and Schmalleger (2011) “eye for and eye” and a “tooth for a tooth” (p. 373). In the case of minor crimes, it was supposed to lower the severity of punishments. In today’s world it corresponds to what is called just deserts a form of sentencing holding criminals responsible for the crimes that they commit. Once they are convicted they are known to have gotten their “just deserts”...
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...The Alternative Sentencing Policies and Solutions This comprehensive analysis describes the different possible alternative solutions for women, and juvenile offenders. The Bureau of Justice Grant programs developed incentives for other programs to decrease the overcrowded conditions for most state and federal prisons. These grant programs provided the information and incentives for state governments to expand, build, and adapt closed military bases as extension of the federal penal prison system. This initiative encouraged local and state courts to implement truth-in-sentencing and alternative sentencing concepts to lessen the burden of overcrowded prison systems. The grants divided in half for building prisons to increase the bed space for violent offenders, and the other half for alternative solutions to incarceration. The incentive funds used for more alternative solutions; prison islands, or barges, or closed military bases. Sentencing Drug Statistics The Bureau of Justice Statistics (BJS) reported four to one ratio of prisoners showed under the influence of drugs, or alcohol while committing the current crime, or at the time of the violation (Langan, P, & Levin, D, 2002). The BJS showed detailed statistics report of 400; 000 people arrested for drugs, or drug-related offenses; 70% sent to state prisons, 40% drug-related offenses, 32% alcohol-related offenses, and 20% other violent crimes. The survey researched by the Department of Justice (DOJ) along with the (BJS) report...
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...Changes in the Aboriginal Justice System through Colonialism Austin Jamieson 11153678 Native Studies 107 Ron Laliberte November 20, 2013 Aboriginal justice system has gone through many changes throughout history. This has mostly been because of Colonialism. Its presence is highly noticed in the formation of cultures and their ways, as well as in the elimination of others cultures and their ways. Colonialism has affected Aboriginal culture in several ways; however, a significant area that has been affected is the traditional Aboriginal justice system. Aboriginal communities had their own sense of justice and punishment prior to the arrival of the Europeans in Canada, Aboriginal communities lost their traditional means of sentences to the implementation of European corporal punishment. In the Western concept of justice, the system punishes the offender through a process of trying to make the offender conform, often locking them away to protect society from the dangers that offender brings to those around them. Aboriginal systems (which varying) try to focus on restoring the peace and harmony of the community. The concept is meant to use the justice system to bring equilibrium into the offender and community, as balance is necessary for kinship and relationships to flourish. Elders within Aboriginal communities began to bring many of these traditional correction techniques back into society to fix the growing numbers of criminal offenders throughout the country nearing...
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...The idea that sentencing should be fair need to be apply to all offenders. The notion further entail punishment be based on the seriousness of the crime and to add on time for repeat offenders. The case of Leandro Andrade illustrated in some instance the punishment does not fit crime. It is unfair for Andrade and the citizens to pay such a steep price for these low level offenses. The goals for sentencing an offender need to consistent in punishment, contemplation for public safety, and appropriate method to rehabilitate or deter future actions. The result of sentencing offenders with low level offenses such as Leandro Andrade and other inmates will lead to prison overcrowding. The states will unable to house more violent inmates and create...
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...summary, the cost of housing an incarcerated inmate does affect the budget of the United States. Whether, the inmate is sentenced to life imprisonment or the death penalty. The facts in this research paper leans heavily in favor of life imprisonment as a cheaper form of punishment verses an inmate being sentenced to death row. The judicial system and politicians have formed several alternatives to assist our country with the ability to lower the cost of housing an inmate in our prison system. For example, the United States detaining systems are concentrating more on issuing a fair sentence to nonviolent offenders, such as, substance abusers and prostitutes. They realize that the majority of the inmates are in need of drug rehabilitation and have a mental illness. Also, the research shows that women offenders are the most affected with drug addiction and substance abuse. They also have the greater risk of recidivism and mental illness, due to, the drug addiction and substance abuse. The judicial system formed an alternative called “sex courts” to address the situation with female prostitutes. The alternative addressed the need of therapeutic rehabilitation (drug treatment and mental health counseling), instead of, incarcerating the...
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...issues of mandatory sentencing have been affecting the prison forecasts, tax revenue, over-crowding in prisons, as well as flooding the court systems and backlogging cases. Mandatory prison sentences take the discretion away from prosecutors, as well as judges. An Inmate who is sentenced under a mandatory sentence does not qualify for early release, good time while in prison, and in most cases, the offender is not required to complete any supervision after release, due to the fact that he or she has fulfilled the obligations of his or her sentence. Several states, including the State of Oregon, have introduced legislation to reform their mandatory minimum sentences. With budgetary constraints in the volatile economy, the government cannot afford to continue to incarcerate individuals without the ability to modify sentences, supervision, etc. How courts are affected by mandatory minimum sentences Congress, as well as some of the state legislations introduced mandatory sentences in the 1970s and 1980s. These mandatory sentences forced the court system to hand down fixed prison sentences to those convicted of certain criminal acts. The lawmakers felt by enacting these sentences then it would help in the battle against the drug trade and hopefully prevent individuals from entering. However, while it did assist the courts in certain areas it has also been detrimental to the court system. According to "Prisonpolicy.org" (n.d.), the mandatory sentencing laws did six things they...
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...Ohio State University law professor and civil rights activist Michelle Alexander, author of "The New Jim Crow: Mass Incarceration in the Age of Colorblindness," reports there are more African American men in prison and jail, or on probation and parole, than were slaves before the start of the Civil War. Statistics reported in 2006, by the U.S .Department of Justice, Bureau of Statistics support this claim, which show that Blacks made up 41 percent of the nation’s 2 million prison and jail inmates, while Non-Hispanic whites made up 37 percent and Hispanics made up 19 percent. The disproportionate ratio of blacks to whites who are incarcerated is especially great in Iowa, Vermont, New Jersey, Connecticut, Wisconsin, North Dakota, and South Dakota – greater than 10-to-1 (USJB, 2006). Why this structural inequality towards African Americans is happening, why it matters, and suggestions to rectify this, are issues that are discussed in this paper. Why is this happening? Since 1970, the U.S. has experienced a large and rapid increase in the rate at which people, regardless of race, are housed in federal and state correctional facilities (Snyder, 2011). This rapid growth in the prison population has been attributed in a large part to the rate at which individuals are incarcerated for drug offenses, especially minorities (Snyder, 2011). Between1995 and 2003, the number of people in state and federal prisons incarcerated for drug offenses increased by 21 percent, from 280,182 to 337...
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...maintained. One of the main reasons for why many prisons have become so overcrowded is because of many state laws and many parole practices. The need for an alternative route for prisoners has grown immensely. Some examples of alternative routes include parole, community service, and house arrest. Alternatives can reduce the amount of criminals in a prison facility and can help the community tremendously. The use of alternatives can not only help us as citizens, but also give prisoners another way of life. Prison systems should help society and resolve the prison from overcrowding by considering alternatives that currently exist and by considering newly proposed ideas. Prison Growth There are crimes being committed everyday and there is nothing to do to keep those crimes from being committed those crimes. As there are more crimes being committed, this means there are more and more criminals being caught by police officials. Then, those criminals are booked into a facility where they cannot commit those crimes again for the period of their sentencing. As more and more criminals are being caught, this causes prison facilities to overgrow in the number of people being held there. "The Home Office estimates that the average offender commits 140 [offences] in a year" (Whelan). [pic] Source: International Centre for Prison Studies, University of Essex Figure 1 shows the prison occupancy rates not just in the United States, but also other countries. Although the graph is two years...
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...Equal Opportunities for Minorities in the Criminal Justice System Wendell Wrice English 122 English Composition II Prof. Deborah Zeringue October 7, 2013 For many Americans the scales of justice is blind. It stands as a symbol that everyone is treated fairly in the eyes of the law. Many Americans, especially minorities this is simply not the case. In fact the United States has the highest incarceration rate in the entire world-five times the world’s average. A total of 2,380,000 are now in prison. The US has five percent of the world’s population, but 25 percent of the world’s prison population (Fisher, 2010).In fact minorities make up a large share of the prison population in the U.S. African Americans have a 32 percent chance of serving time in prison at some point of time in their lives, Hispanic males have a 17 percent chance, while white males a 6 percent chance (Fisher, 2010) . Such disproportions of incarceration rates gives reason to believe that minorities, especially African Americans commit the majority of crimes requiring incarceration or the fact that our justice system is flawed to the point where it singles out a specific racial or ethnic group. The question of why there are so many minorities especially African Americans being held in our...
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...system can also contribute to victimization against victims. Lipmann (2010) noted, victims also suffer post crime or secondary victimization. This includes but it not limited to loss of wages, medical expenses, property loss, disability and/or the need to relocate due to safety issues and/or inhabitable living quarters after the crime (Lippman, 2010). Over the year’s inauguration of victim’s rights and victim’s assistance, victims can often relive the horrible experiences that they went through by either having to testify in court or something as simple as nightmares. This is commonly known as pain and suffering. In the adversarial criminal justice system, the prosecution develops a case against the defendant by usually working with the local district attorney’s office. The evidence presented in a case inevitably involves the victim through law enforcement investigations, the identification of the defendant, medical examinations and victim reports. Both the prosecution and the defense have certain obligations to the victim. Each party within the criminal justice system can contribute to victimization. The defense has the responsibility to prove that their client was innocence and did not commit the crime. This can portray that the victim is making up stories and not tell the truth. The prosecution has a responsibility to prove beyond a reasonable doubt that all evidence points towards the defendant. During this process the victim may have to testify or sit in the court room and...
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...medical expenses, counseling expenses, feelings of fear, grief, shame, and anger, and lost income. Victims of crime needing assistance may believe they are overlooked or even revictimized by the criminal justice system, a system that may appear to be more concerned with the criminal’s rights than with the needs and rights of the victim. This paper will address the role the prosecutor, defense attorney, criminal, and victim play within the criminal justice system and how victimization affects each. The Prosecutor The prosecutor plays a critical role in the criminal justice system and serves many functions throughout the criminal justice process. Some of these functions are as follows: * Investigating * Helping the police build a case against the person(s) * Bringing charges against a person(s) * Arranging plea bargains * Questioning witnesses * Presenting his or her evidence to a court to ensure a conviction The prosecutor should have an elaborate working knowledge of the law and whose duty is to seek justice for the innocent, convict the guilty, and ensure the rights of the accused as well as the rights of the public. The prosecutor must also have a vast amount of desecration...
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...Intermediate sanctions are not to be taken lightly nor is it a get out of jail free card. But, for those who have committed a crime intermediate sanction is an alternative solution to prison. While prison populations are overcrowded, intermediate sanction is another form of punishment without adding to the prison system. In this case, a young man has suffered for far too long at the hands of his father. After years of physical and mental abuse a 23 year old man killed his father. The young man has had a criminal free record until this point and does not show any signs of recidivism (Peak, 2012). This man should not be sent to prison because he suffered at the hands of his father, an alternative solution should be appropriate form of punishment....
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...Court Case Analysis of a Young Offender The Canadian public perception of youth crime is that it is growing out of control and that violence crime is common. Sensationalized media coverage, frustrated law enforcement officers and vote-seeking politicians, have tended to portray only parts of the overall reality of youth crime (John Howard Society, 2008). The government of Canada has evolved over the many years to deal with youth crime from installing the Juvenile Delinquency Act in 1908 all the way to the Youth Criminal Justice Act recently amended in 2012. What these acts have accomplished is the separation of youth and adult sentences (Stevenson, 2014). This was done in order to protect children because it is the belief in Canada that children are not responsible for their actions because of Doli incapax or the inability to do wrong. That being said there is still legislation in dealing with youth crime that is punishing and effective (Stevenson, 2014). This paper will analyze a court case decision made under the Youth Criminal Justice Act which involves a young offender who was convicted of a gang-related murder and breached Conditional Supervision Order (R. v. S.(M.), 2014). This court case will be analyzed using relevant research on youth gangs using concept of theories that apply to our young offender. In conclusion, this paper will discuss limitations of laws and possible alternatives that dealt with the young offender. A summary of R. v. S.(M.), the court based...
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