Argumentative Essay Example: Prison Reform

2021-06-18 21:48:04
7 pages
1769 words
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University of Richmond
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Argumentative essay
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Over the years, prisons have been viewed as institutions that promote justice and its execution. Today, as the world endeavors to be politically correct in all domains, these institutions are more often than not referred to as correctional facilities. Here, these prisons integrate correctional measures, social services, and training that are all geared towards the provision of holistic rehabilitation. Furthermore, prisons provide a framework for managing law breakers in a controlled domain. The prisons command stretches out past just containing offenders; they should likewise correct and encourage the reintroduction of their charges into the society. This part relates with the core objectives of discipline to decrease crime which includes but is not limited to exhaustion, prevention, rehabilitation, social reintegration, and reckoning. Be that as it may, many prisons have failed to meet these fundamental objectives. Prisons across the world have been reduced to cages that lock inmates in the name of justice. Thus, is imprisoning people justice? Despite this comprehension, many people may still argue that sending people to prison is indeed justice which begs the question; what if this call by the majority is actually a bigger injustice? Next, it then becomes imperative to explore the necessity for prison reforms. Are prison reforms the solution to the problems and inefficiencies that surround prisons? If so, what do these changes entail? Consequently, this paper primarily seeks to take an in-depth analysis on prison reforms with the end goal of answering all these questions.

There has been contentiously debated around the purpose of prisons. This debate has more often than not led to various gatherings with opposing views and schools of thought. These groups include scholars, government policymakers, and the department of justice, researchers, experts and an array of stakeholders in the justice domain. One thing remains apparent; all these parties differ and cannot seem to agree on the actual purpose that prisons are fundamentally instituted for. On the one hand, a Harvard Law Review depicts that regulations in the jail system strive to find opportunities to reorganize the inmates or initiate changes in the system with the end goal of impacting characters and attitudes of those in prisons (Harvard Law Review). On the contrary, the directions of the prisons framework may look for discouragement, debilitation, or requital to abstain from showing up too delicate on offenders (Zyl). Along these lines, it becomes necessary to explore alternative measures to control those who commit crimes. Such inquiries appear to have a more authoritative answer in the United States. The past decade has seen the American criminal justice being molded by general society advance to get proactive on crime (Colgan 293). According to Burt (2010), Since the mid-1970s, the United States has been characterized by a race to detain, that has brought about a prison populace extended to a level beforehand obscure in any equitable society (Burt 1). As a result, the United States has approximately more than 1.9 million prisoners (Forman 791). As the system continues to grow, there are diverse sorts and divisions of detainment facilities in the United States including region prisons, state penitentiaries, and government prisons, all of which are additionally outlined in light of least, medium, and most extreme security. In any case, and regardless of this consistency, prison populaces have expanded at all levels. The detainment rates in the United States are five to ten times higher than the rates in other industrialized countries (Chemerinsky 307).

Subsequently, the situation in the US illuminates the global concern that there is a prisons crisis. Prisoners have been neglected on the political spectrum, and for the most part, these detainees have minimal political power. Numerous criminals are forever disappointed. There is no political voting public with the clout to "push for adequate financing for jail officers or prison administrations" (Chemerinsky 308). The guards and their unions are capable, yet they frequently contend for more jail time and not for enhancing prison conditions (309). Political talk transforms prison programs into an objective by encircling instruction and human services as indulging detainees who fail to merit apparatuses forever change or even essential life supporting consideration (Colgan). Subsequently, prisoner regularly does not have adequate restorative, mental health care, instructive projects, and necessary amenities. Numerous citizens are of the opinion that if they knew somebody would have been detained, they would be worried about that individual's physical health and security wellbeing (Dolovich, 881). Furthermore, the states of the prisons are an issue of personal satisfaction, as well as regularly actually an issue of life and passing (Zyl). Whats more, In spite of the fact that prisoners are a disliked minority, the effect of the prison framework on society is gigantic. Evidently, the framework is an impression of the rule of law. However, it likewise impacts the group's detainees are taken from and come back to. "What comes in, must go out. Despite the fact that life and capital punishments get the most press, most government detainees serve a limited jail sentence" (Harvard Law Review).

Today, prison facilities give the methods for commonly managing criminals in a controlled environment given their stretch past simply containment procedures. Prisons, therefore, should also correct and encourage the reintroduction of their crimes into society. Tragically, many legal frameworks neglect to meet some of these objectives and consequently neglect to finish the overall capacity of prisons. In such cases, changes must be executed to manage the issue. In that capacity, the approach utilized by the United States at both a state and federal level needs restructuring since it neglects to meet the core prerequisites. Despite the fact that the current correctional frameworks successfully actualizes the retributive and incapacitated objectives of prison, regardless it needs change to address the general failure of discouraging, reintegrating, and restoring law breakers.

Regardless of its failings, the prison framework satisfies the incapacitated and retributive parts of prisons by adequately authorizing imprisonment sentences for those indicted. Successfully, fewer prisoners are now reported to have escaped respective prisons in the recent past. Moreover, the quantity of annual escapees has stayed beneath on the minimal in the last decade, even as the aggregate prisoner populace keep on rising. This measurement demonstrates the capacity of the correctional framework to contain its wards, even as their numbers keep on growing. Since prison effectively secludes law breakers from non-lawbreakers, they satisfy the detainment objective. Along these lines, prisons additionally authorize the retributive reason, as the reformatory framework permits a positive punisher to guarantee that guilty parties get the discipline they merit.

According to Boylan & Mocan (2014), in 2011, the United States Supreme Court ruled that prison overcrowding in California constituted cruel and surprising punishment measures (558). This ruling restored a long-standing level headed discussion among researchers and policy makers with respect to whether courts ought to mediate to secure the prosperity of the disfranchised, by compelling states to enhance schools, penitentiaries, and mental organizations. Furthermore, an in-depth analysis of the effect of government court orders censuring jail crowding, and the effect of states' discharges from these court orders mirror that these intercessions are related to lower prisoner death rates and fewer detainees per capita. Restorative expenditure increment and welfare funds use diminish while states are under court arrange, proposing that the weight of enhanced prison conditions is borne by welfare beneficiaries. Besides, states do not modify remedial spending and welfare fund installments spending after their discharge from court arrange, rolling out the first improvements in spending perpetual (Boylan and Mocan).

Similarly, the eighth Amendment denies protects individuals against irregular punishment. However, this modifications regularizing compel stems essentially from its utilization of the word cruel (Dolovich). For this restriction to be significant to a general public where imprisonment is the essential method of criminal discipline, it is important to decide when prison conditions are remorseless. However, the courts have so far stayed away from this question, rather holding in that unless some prison official actually knew about and dismissed a generous risk of substantial harm to detainees, prison conditions are not disciplined inside the importance of the Eighth Amendment (1). This school of thought, in any case, does not withstand investigation. As the backdrop above appears, all prison conditions ought to be comprehended to constitute discipline for Eighth Amendment purposes. In this regard, this endeavor initially addresses the subject of when prison conditions are cruel, by considering as a regularizing matter what various states and governments are doing when they detain indicted guilty parties as justice and what commitments they consequently bring about toward their detainees. Next, it is also significant to swing to the topic of established usage and considers of what doctrinal norms would best catch this comprehension of atrocious conditions. At the heart of the contention is the acknowledgment that the entire justice department, when it places individuals in jail, puts them in possibly unsafe conditions while denying them of the ability to accommodate their own particular care and insurance. Hence, the stakeholders have a certifiable commitment to shield prisoners from actual physical and mental harm. This commitment, which adds up to a continuous obligation to accommodate prisoners fundamental human needs, might be comprehended as the governments carceral trouble.

Finally, what is the primary objective of the prison system? Whereas majority argue that prisons are fundamentally instituted to deliver justice, enforce the rule of law, and punish criminals, there should be a secondary objective of these systems. Prisons most imperative capacity must be to restore and reintegrate lawbreakers into the society so that jails can positively affect prisoners. Utilizing punishment to reinstate a criminal is similar to using an ice pack to settle a broken bone. Each cure endeavors to remedy just the symptoms. However, once they are taken away the issue still persists. As a weed must be removed by its foundations, the crime must be disposed of by decimating its unknown causes. The underlying foundations of crime are frequently an aftereffect of an individuals distance from the society, which takes his poise and worth. Subsequently, this causes sentiments of separation and vulnerability and wrecks any view moral obligation to that group. At the end of the day, the individual will have no personal enthusiasm for, nor the ability to impact his team and in this manner, he fails to think about its destiny. As a result of his lack of concern, the person will have a little complaint to putting their welfare over that of the group by breaking the law. Furthermore, the general public should help distanced individuals by restoring their pride and giving them the abilities and information to help themselves. Through education and training, these lawbreakers can have the capacity to take control of their own life and add to the group. When r...

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