Rehabilitation Vs Punishment

PUNISHMENT AND REHABILITATION

Jo Morris

AJS/504

January 25, 2016

Deana Bohenek

PUNISHMENT AND REHABILITATION

This paper, will discuss issues of punishment versus rehabilitation debates. It will point out the issues on how the punishment and rehabilitation affects the deterrence of crime, and how it does impact the victims and their families. It also impacts the offenders, and society, and the fiscal impact upon society. When we look at punishment and rehabilitation each one does have a purpose for the inmate. This paper will show both pros and cons to punishment and rehabilitation.

Punishment versus rehabilitation

        There are four objectives in the criminal justice system. The two this paper will be discussing is punishment and rehabilitation. When discussing these two objectives, society does look at these two with high expectations and does the justice system can live up to these expectations. The justice system and the public has different opinions on how each should work and why they will not work.

Deterrence of crime

        Deterrence theory if one does commit a crime the benefit does outweigh the crime itself, if not the offender will then think twice before they commit another crime. This theory does not explain how criminal behavior and to prevent crime from occurring the law will show it by punishment, and the punishment should outweigh the crime. The two components of deterrence punishment dispensed the wrong doer and prevent them from recommitting the crime, and also put fear of punishment in others will prevent others from committing a similar crimes. Crime was part of society for centuries, and the common form of punishment is incarcerated. Incarceration is a temporary fix for offender research does show recidivism amongst the convicted felons following the release from prison is high about 63%” most of the inmates had arrest records and convictions prior to the current offense of incarceration (Carson & Mulako-Wangota, 1989). Over the years many people had debated that life or death sentence is a deterrence to crime because of the contribution to the effectiveness of punishment.

        Others do argue that rehabilitation has a long term effect on offenders since it does help prevent future crime from happening. Also rehabilitation does change the criminal’s behavior, and help them get adapted back into society by helping them have an education or trade. By helping the offenders to have an education or skill, when they do get released the offenders would be able to find jobs and allows the offender to have a sense of existence in the community. When the offenders do use rehabilitation programs they would be engaged in therapy, such as drug therapy for the offender who has substance abuse addictions, and for the ones who has been abused or are abusive can get psychological counseling in which they offer. When the offenders do get involved in any type of rehabilitation program their views on committing crimes do change and no longer desire to commit crime.

Effect on Victims/Families

        The victims has been overlooked mainly in the shadow of the accused and their rights. In the past victims and their families been treated unfairly by the proceeding because of the Constitutional Rights, which gave the accused the “right to a speedy trial, and right to counsel, the right to confront witnesses, and due process under the law “ (Larrabee, 2006, p.1). The courts had found that the victims been ignored and many times they been advised to leave or stay away from the court proceedings. As a victim many has felt that they have been re-victimized, so in 2004 President Bush had signed a law guaranteeing the victims had rights in the courtroom. Victims and their families their emotions can flair up and it can be stressful if the courts had handed out an improper sentence.

        The victims would like to see punishment handed down to the accuser, rather than giving them rehabilitation through probation. Majority of society believes punishment by prison is the best sentence for the offender to receive, so they could not commit any more crime. If the offender had to pay the victim but could not because of them being imprisonment it can cause a strain on their victim and their family.

        If the offender is on probation, the victim can benefit because the offender can pay restitution to them. If an offender is on probation they do have a chance to join programs that is offered by the courts and can benefit the victims and their family. Programs, such as the victim impact panel that allows the victims to be face to face with the offender, in which the offender can understand how the criminal act effected their life.