Paper 1

Retribution has been associated with increased punishment, decreased treatment, but not with reduced recidivism (Andrews et al., 1990). Not only has there been no reduction in recidivism, there has also been no increase in deterrence through the use of punitive measures (Cullen & Gendreau, 2000). Deterrence-oriented interventions have actually been shown to increase recidivism by 12%, as demonstrated by Lipsey’s (1992) meta-analysis (as referenced by Cullen & Gendreau, 2000).

Ever since the beginning of time man has committed crimes. Crimes were described as acts which go against the social and moral norms of society and people. People have learned to deal with these crimes in many different ways. One of the most used forms of dealing with crime is punishing those who commit crimes. There are numerous ways in which people have punished those who commit crimes throughout history from making the criminal pay fines to banishing them from the community. However, in modern times, there are fewer acceptable forms of punishment that are used. For very unserious crimes, governments may simply make a criminal pay a small fine or do service for the community in some way. Offenders who

In the past four decades, there has been a staggering increase in the United States prison population at the local and state level. Currently there are 2.2 million people in the nation’s prisons and jails that has added up to a 500% increase over 40 years (The sentencing project). The cause of this prison growth is a variety of laws and punitive sentencing policies that were initiated starting in the early 1970’s. Policies such as harsh drug penalties for non-violent crimes, Mandatory Minimum Maximum sentences and the Three Strikes law have all contributed to America’s current problem of mass incarceration.

The current crime and incarceration trends have declined since early 1990s, which in part is due to the current reforms that takes place within the criminal justice system, such as early release dates for drug charges and non-violent crimes (Mauer, 2011). The incarceration rates in the United States are “three to four times that of other industrialized nations,” and the punishment scale is viewed as “out of proportion to that of other industrialized nation” (Mauer, 2011).

In reference to the attitudinal characteristics of the United States over time, there is sharp contrast between the old shorthand phrase of “tough on crime,” and the newer, “smart on crime” development. A change has certainly occurred between the participant U.S, attitudes and strong values against crime that lead to “longer prison sentences, mandatory minimums and truth-in-sentencing laws” and the more pragmatic, budget conscious decisions to choose treatment over incarceration (Swope,

Until the early 1970s, the sentencing of crime convicts was based on the principle of rehabilitation of juvenile and adult offenders. Legislatures set maximum authorized sentences for various types of crimes and judges decided on the prison term or probation or fines. Correctional officials and parole boards had the powers to reduce the time served for good behavior and release prisoners early. In the 1980s and 1990s, the emphasis shifted to deterrence by imposing mandatory minimum sentences for certain types of crime, heavier sentences for habitual offenders and the “three-strike” rule for felony convictions. Public opinion supported these changes in the belief that prison terms were just retribution for crimes and incarceration kept criminals off the streets (Mackenzie, 2001).

Today punishment is the most dominant correctional goal of both the state and federal government in response to criminality. The purpose of punishment is to protect society, rehabilitate criminal offenders, and reduce recidivism. In both the state and federal correctional institutions, their objectives are to use punishment as form deterrence while

* A servant boy is shown. Before this painting was cleaned in 1960s, the was painted over so that he was not shown.

Crime has always been, and always will be a factor in society. It has existed since ancient times. The first recorded laws were “Hammurabi’s Laws”. A set of rules engraved in a large pillar in the middle of the Sumerian city-state of Babylon. Back then the punishments were simple. If you stole something, then your hand was cut off. In the modern day our laws are not so simple. Now a days something minor like theft, or minor drug possession could land you a harsher sentence than embezzling millions of dollars. Today the laws are dictated by a scared people and a justice system that doesn’t do its job. The punishments for crimes often do not fit the crime committed. More often than not one’s social status can directly impact the sentence one would receive.

The word punishment defines as the infliction or imposition of a penalty as retribution for an offense in the criminal justice system. When punishing an offender I believe is for many different purpose that will be for the better. About five different punishment imprisonment, fines, probation, intermediate sanctions and death. There are many different type of purpose start first with retribution, which offenders should receive the punishment that they deserve based on the seriousness of their criminal acts. Follow by the deterrence, the theory of imposing the discouragement to future offenders and as well using it as an example to deter others from violating the law. Then it is incapacitation which, used to keep offender away from society to

The thesis of “The Aims of Punishment” is that both backward-looking, which entails that a specific punishment corresponds to the severity of the crime, and forward-looking, which focuses on how punishment can be used to protect societal ideals, approaches to crime and punishment are influenced by political and social theories that are popular during certain periods. Backward-looking approaches—retribution where criminals are given the punishment that they deserve and censure where individuals are held morally accountable for crime—are based on the idea that there is a socially agreed upon contract on what is right and those who voluntarily violate this code must be sanctioned to the same degree. In contrast, forward-looking approaches—deterrence

With the age of enlightenment, many sought to revolutionize the system of punishing offenders. Moving from the barbaric practices of the earlier centuries, many governmental officials sought to ride crime through deterrence. Thus the birth of the prison system began. They believed that taking away a person’s freedom was a way to scare offenders into not committing criminal acts. However, with the number of incarcerated offenders increasing yearly, the statistics show that the penal system is a failure. This essay will look at the history of the penal system and how the focus on deterrence and not rehabilitation led to failure of the penal system.

The five rationales for punishment for law violations are societal or victim satisfaction, removing the offending perpetrator from societal interaction, prevention of possible future crime, changing offender psychology and ideology, and returning the victim to post-crime circumstances if possible (Bohm, & Haley, 2014). Subsequently, the justification for incapacitation is that it removes the potential that the offender can commit further crime. Moreover, the previous justification ties into the deterrence of crime due to the incarceration of the offender and is an example of likely consequences to other possible offenders. Additionally, the prospect of behavior change is an eternal hope; ergo society hopes that help programs, fines, probation,

There is legislation in place to maintain order and safety of the public. Without this legislation there is a risk for anarchy, an uncivilized way of life where only the strong survive and balance ceases to exist. Criminals should not go unpunished. What message does that send to future offenders? If you commit a crime you should be held accountable for your actions. Our society is structured with a judicial system and law enforcement to apprehend and prosecute people who break those laws. Individuals are raised with an understanding of right and wrong based on familial culture and a parent’s sense of morality. However, there is a higher code of ethical principles based on the rights and responsibilities that are imposed by society. As an adult we have the knowledge and foresight to understand the ramifications of our actions. With the knowledge of morality we have an obligation to make the correct choices or be subjected to the punishment based on those choices.

Throughout the 1980s, crime and corrections became very important to the public and elected officials since crime was increasing and with constant media coverage, violent crime created fear and anger and the target grew into holding offenders accountable for their conduct and the current Retributive Era came into existence. This model emphasized public safety above all else. Correctional punishments were tough with very little inmate resources. This was the return to the Classical School of criminality which believed that crime is deterred and prevented by lengthening and toughening punishments.