The removal of an individuals freedom has been used since the ancient times to act as punishment for the offenses committed. The prisons served as lock-ups for the debtors and places where the accused were kept before their trial. Recently, there has been a broad range of punishments introduced into the justice systems. Punishments have five recognized purposes namely: incapacitation, rehabilitation, deterrence, restitution, and retribution. The selected sentences in the paper for discussion are rehabilitation and Incapacitation. Rehabilitation involves preventing the future crimes by altering the individuals behaviors. Examples of rehabilitation include counselling, treatment cancer replacement, and vocational programs. The noted advantages with this form of punishment are it lightens the load of jails and the prisons and also lowers recidivism. Therefore, the ultimate goal of rehabilitation is to reduce the number of criminal offenses. Incapacitation involves prevention of future crimes by removing the perpetrator from the society to ensure he doesnt commit further crimes. Examples of incapacitation are house arrest, incarceration or execution under death a penalty. This form of punishment aim is to reduce the likelihood that the offender will commit the crimes in future again. Therefore, the goal for incapacitation seeks to inhibit criminal behavior through an installation of fear of punishment.
Punishment though incapacitation has several effects on the offenders, the affect the psychological well-being of the individual as he/she is under threats of being punished. This can make the person not to operate fully in the society. However, rehabilitation is an inclusive form of punishment as the individual is helped to return to their original self by being helped recover emotionally there is no torture. Incapacitation involves removing the individual from the society and alienating him/her until they return to their usual self to be allowed back into the community, this can lead to social stigmatization, alienation and increase in recidivism. However, rehabilitation allows the perpetrator despite committing the crimes back into the community and can recover from his crimes while still socializing with the people and there is no chance of being alienated from the society. Incapacitation has been recorded by some researchers to be costly despite the perpetrators not being in jails; they have to constantly be monitored on their movement which can be challenging at times. However, rehabilitation allows the courts not to have a difficult period in watching the individual all needed is proof of attending the expected programs and retreats, there is little supervision as opposed to incapacitation. There are also similarities identified in rehabilitation and incapacitation. Both punishments forms are conducted outside the jails. In both cases, the criminals are given a second chance to amend their ways while still lying in their standard settings. Both punishments have been cited to help the criminals change their ways better as opposed to jails, as the criminals are given an opportunity to give back to the society. Finally, both forms of punishments offload the pressure realized in the prisons due to the high number of perpetrators and the high costs to run the prisons.
Rehabilitation model is an effective deterrent. Often rehabilitation is considered a more permanent fix in the prevention of crime. Rehabilitation through community supervision can prevent the criminals from committing future crimes by being helped adapt to the community by gaining academic and trade skills. The rehabilitation programs help the offenders to find employments, allows them to have a sense of belonging in the community and potentially secure a major role in the society. Moreover, rehabilitation is designed to create a change in the criminals acts of behaviors so that they can fit back into the society without much hustle. Thus, through rehabilitation, the criminal attitude is not negatively impacted as it gives them an opportunity to continually remain self-supporting within the community and not use the taxpayers and states money while being housed in a correctional facility. Example, the case of Cameron Douglas, a 33-year-old son of actor Michael Douglas who is currently serving a five-year sentence in jail who was imprisoned in 2012. Experts have critiqued the judges decision to detain him in place they argue rehabilitation could have worked better for Cameron. Moreover, this demonstrates that the country is unlikely to have a turning point in the countrys endless war on drugs as in place of helping the addicts recover from their ways, they are being imprisoned for their actions. Cameron Douglas was sentenced five years for possessing and distributing drugs. Despite Judge Richard Berman ruling by sitting Cameron Douglas to be reckless, disruptive and non-compliant and having severe mental issues, for anyone who understands addition, drug problems cannot be treated through punishment or imprisonment but rather through rehabilitation. Therefore, this is an example of a case that ought to have considered rehabilitation option for punishment and not jail.
Incapacitation is an adequate punishment as it focuses on an individual. Therefore, the criminal may be put under house arrest and threatened not to join the community again unless he complies with certain rules. Moreover, although the socialization is significantly reduced as the only limited number of people can access the individual, the person is given a chance to see the amount of value he is losing due to his offenses. Through incapacitation, the state uses a lower amount of monitor the perpetrator as opposed if the criminal was locked in jail. Additionally, studies have proved there is power in changing the mind-set of individuals. Incapacitation is more of emotional punishment as opposed to physical punishment. Example a person under house arrest is allowed to see insufficient people and socialize limitedly, therefore, if the individual seeks to see more of his friends and return to the usual self, there is need to ensure they amend their ways in fully be allowed back into the society. Moreover, fear and torcher give a person an opportunity to see how much they stand to lose if they do not rectify their behavior for the better. Example, Bernie Madoff was placed under house arrest in his Manhattan penthouse after confessing to a $50 billion Ponzi scheme. In addition to the house arrest, he was also required to make a cash bail of $10 million. Judges made the decisions as he was unlikely to break the terms of their confinement. Moreover, the judges considered the house arrest in place of jail time as they are mostly concerned with the likelihood of recidivism. The judges opt for home confinement when the prisons terms seem too harsh or parole too lenient. Additionally, Bernie Madoff house arrest was regarded to be economical as it cost less to incarcerate him at home than in the penitentiary.
If you are the original author of this essay and no longer wish to have it published on the collegeessaywriter.net website, please click below to request its removal:
- Paper Example on Gun Control Legislation
- Theories of Punishment in Criminal Justice - Essay Example
- Essay Example: Fingerprint Characterization and Examination Methodology
- Historical backdrop of Marbury v. Madison - Paper Example
- Essay Example on Gang Violence and Its Effect on Juvenile Delinquents
- Law Essay Example: Responsibilities of the Texas State Legislature
- Essay Sample: How Sociological Theories Can Help Explain Rape