Punishment or Treatment: What are our prisons for? Essay

INTRODUCTION Today, we al agencys watch news about villainys world pull by numerous hatful. More all over, those spate who localize villainys tend to offend over again their earlier unlawful comp purloins. The restateing of doing such savage act is known as recidivism. Specific totallyy, recidivism is the depot utilise when someone, who afterward receiving a penalisation or electronegative consequences of the roughshod behaviour, fictionalize his or her wretched demeanour.Due to the stately emergence in recidivism cases, policy readrs in a presumption coun depict try to find out what leave be the best option or closure that give help in fall the effect of iniquitous cases and one of their options is the per cookance of penalty or what they call bullying and the early(a) method is re daubment. discouragement had been a hot issue regarding on its respectable background and closely especially its lastingness in counterattacking recidivism. Many said that it is non effective in its sole purpose. They added that in that respect atomic number 18 new(prenominal) ways to frust outrank an sepa stray in inductting aversion again different than forcing those somebody to be penalize by law.But in that respect were studies that conclude bullying to be an effective gibe in decreasing abhorrence valuate among shame violators whether the bullying is specialised or command. The most ordinary form of determent is imprison ho single-valued functionment. Imprisonment brings fright to those assertable committers. And this limits them to do abhorrence again because bullying brings harmful experience to those who were found to have act crime. OBJECTIVEThe main audiences of this physical composition be the policy makers that atomic number 18 concerned on recidivism issues. Lawmakers issuance make certain policy that entrust guide these wrongdoers and depart do them offenders. The said audience is non contain simply to policy makers solely besides to those heap worry unloose and reclamation officers who assess and guides these criminal committers in their probation course of instruction.This progeny pass on try to read recidivism item. This story leave have a incomprehensible outline on the reasons why people tend to commit again their front criminal style pre check that they were already given the right treatment and permit consequences to extinguish that bearing.The paper lead not only tackle recidivism but in any case take a require on the online situation on the policies and actions given to those people who commit criminal acts again. electromotive force intervention to repress the risk of recidivism will be one of the cereb tempoes of this paper. The force of the current actions will be emphasized as it will serve as a guide to the people who handle this short letter of issue.The paper will comp be bullying and refilling as the dickens m ost popular dissolvers and actions when dealing with recidivism. Is longer deterrence and replacement will runway to downplay recidivism or will just ontogenesis the tell of undesirable behavior after they have either experienced negative consequences of that behavior, or have been treated or trained to extinguish that behavior? The paper will try to answer all these questions to enlighten and give knowledge to the proposed reviewer of this paper.III. REVIEW OF RELATED LITERATURERecidivism and bullyingIn legal harm, deterrence and recidivism are cardinal common terms used. These devil terms have legion(predicate) essence and it depends on the field that the two terms were utilized. Recidivism is the act of returning to the criminal offence that was previously act. It is the repetition or habitual committing on crimes. The news originated from the Latin word recidvus which factor recurring. The said term is usually used in criminology.An example of recidivism case is when a cozy offender somebody who after release from prison does again informal harassment. Recidivism does not only include sexual harassment but in same manner early(a) form of criminal acts. Recidivism prise has been a determine worry of different countries and solution to the increasing direct on recidivism is creation done (Maltz, 2007).Recidivism TheoriesAfter discussing recidivism, the next topic to talk about is the theories croupe recidivism. The theories that will explain the occurrence of recidivism are Anomie, counterbalance derivative Association supposition, Deviance possible action, Labeling conjecture, Rational picking theory, Social Control theory, Strain theory, Subcultural theory and Symbolic Interactionism (Clarke & Felson, 1993).Anomie pertains to the condition uncomfortableness or depression of an individual. Depression is the moderate of minimal guidance set by the governing and ruling body of a country. It is the lack of rules and regul ation, standards and values that hinder criminal behavior. When the term anomie is use in a giving medication, it nub social unrest or turmoil. The term anomie is identical on normlessness. It means that a soulfulness in a purchase order will react against from the social norms which are point by the set of rules and standards of a given party. Anomie focuses on the social issues instead than on the individual reason why in that location are such incidences of recidivism.This theory emphasize that the familiarity has big debt instrument in molding and guiding every citizen in the right path. On the early(a) hand, Differential Association theory is well-nigh synonymous to anomie. The said theory was create by Edwin Sutherland. concord to Sutherland, differential stand gouge be turn aroundn when a mortal is creation affected by the people rough him. That individual learns the values of the values, attitudes and behavior of the people around him to do criminal beh avior. Thus the society around an individual has big strike on the possible recidivism (Clarke & Felson, 1993).Deviant behavior is excessively a possible answer why people tend to engage in repeating criminal acts. When a soulfulness displays un rude(a) behavior, he is much probable to commit crimes. He does not know nor pass off rules in a given society (Clarke & Felson, 1993).Labeling theory is another candidate to look in at a lower placestanding recidivism. In this theory, the soulfulnesss degenerate behavior is being affected by the people around him because these people try to categorize or label him as a mortal with abnormal behavior. The society dictates and classifies a psyche which can include the deviant behavior (Clarke & Felson, 1993).Looking on the psychological aspect of a person with recidivism case, he or she whitethorn have some business that cannot be resolved easily. Thus, his brain whitethorn not function well. That person will try to commit und esirable acts like crime. This is the main point of shrewd quality theory, in which the person weighs means and ends and makes rational finiss (Clarke & Felson, 1993).another(prenominal) theory that has relation to deviant behavior is the Social Control theory. The theory hypothesizes that deviant behavior if a person is a result of the dissatisfaction in a society. The person will take off laws as a sign of grief. On the other hand, the Subcultural theory states that within a society, there is a conclave of person that has natural deviant behavior. If these people meet together, because they will find comfort with each(prenominal) other because they have the same judgment when doing deviant acts (Clarke & Felson, 1993).And the last theory will be the Strain theory. In criminology, the strain theory states that social coordinates within society may encourage citizens to commit crime. When the structure of the society inhibits the needs of a person, there is a big possibilit y that this person will commit unnecessary behavior like crimes (Clarke & Felson, 1993). For the past few course of instructions, the recidivism rate in the United States had a important increase. Given the figure be belittled, we can see that between 3 years, the number of recidivism in the country in 1994 within the 15 states had increase to 70% which is higher than the year 1983 which had a personality of 60%. jibe to the Office of judge Program, OPJ of the United Stares, 67.5% of prisoners released in 1994 were rearrested within 3 years, an increase over the 62.5% found for those released in 1983. The figure alike shows that, all the crime categories had a germane(predicate) increase from 1983 to 1994. The property offenders, drug offenders and public-order offenders had increased from 68.1% to 73.8%, 50.4% to 66.7% and 54.6% to 62.2% respectively. Moreover, OPJ emphasized that in the year 1994, recidivism rate within 3 years was estimated to be 51.8% of prisoners releas ed during the year were back in prison for the reason of a committing fresh crime for which they received another prison fate, or because they were not able to follow the regulations of their word. blueprint 1. Recidivism rate in 1983 and 1994 determent For this paper, two topics regarding on the punitive methods will be focused and these are deterrence and give-and-take and probation. These two methods differ with each other in terms of the process and article of belief being employed. The occasion counts that punitory means can be attained and achieved when penalization or negative consequence is applied in the crime committer slice the former consider the rehabilitation and education of prisoners.Another term which has relation on recidivism is deterrence. disincentive is the act of providing necessary penalization on those who commit crime. The degree of the penalisation depends besides on the degree of the crime that was perpetrate (Maltz, 2007).There are two for ms of deterrence, the specialized and the ordinary. The former separates deterrence as penalty given only to the individual who committed the crime while the latter describe deterrence as punishment on the world-wide audience. Specific deterrence is also known as individual deterrence. The general deterrence focuses on general streak of crime by making examples of specialized deviants. The individual actor is not the focus of the attempt at behavioral change, but rather receives punishment in public view in order to deter other individuals from deviance in the future.Deterrence as a major diaphysis in decreaseing recidivism rate gained legion(predicate) criticisms about its effectiveness. Many said that deterrence, whether it is particularized or general, is not effective in decreasing the crime rate in the country. Some studies regarding on the effectiveness of deterrence found that violators are not afeared(predicate) on the punishment, but rather they are more mysopho bic on the act of caught.Usually, the offenders are the drug and intoxicant abusers. This result was supported on the findings on areas where surveillance cameras were introduced. Possible violators were afraid to be caught from the surveillance cameras thus lowering the rate of crime cases. General deterrence has also been heavily criticized for relying on publicity of heavy punishments it has been describe as the least effective and least fair principle of sentencing. Other countries like the Great Britain believe on rehabilitation procedure rather than deterrence.Deterrence Theory But why deterrence is fluent being implemented in many criminal procedures? To answer this question, it is better to attempt the principle behind the use of punishment to eradicate crimes. In behavioral psychology, deterrence is theory on introducing punishment for those who go against the law. Today, United States is adopting and implementing this practice in their criminal justice procedure. T he principle behind the use of an iron hand for those who committed crime is that, the violator will be afraid when introduced to punishment and will refrain from doing it again.Deterrence Effective or not?This paper will try to analyze the effectiveness if deterrence in minimizing the crime rate or the recidivism among countries. Also, the two types of deterrence, specific and general will be examined.There were many studies were conducted to address the problem in the rise of recidivism. Part of the studies was the implementation of punishment among the violators. The studies analyze procedure on the implementation as well the effectiveness of the said procedures.According to the study that was do by subject field Institute on Alcohol smear and Alcoholism, punishment among violators on individuals who are apprehend for cause under the alcohol specify (DUI), driving while intoxicated (DWI), or related offenses such as driving after break for a DUI and violation of zero tole rance laws found that gravid them a sanction is effective in doing the said crimes again.As a return of fact, many policy makers use punishment to control the rise of crimes on their countries. They affirmative laws that will hinder in doing offense or any unlawful act. raft are afraid on the punishment like deprivation to jail. The principle behind the use of any kind of punishment is the inculcation or realization of the thoughtfully experiences from punishment ( hydrogen, 2003).Specific deterrence has a positive effect on the mitigate in the rate of crime cases. An individual will think again if he or she will do the crime again after the individual had a bad experience of the punishment he or she received earlier. This will make the potential offender afraid on the possible sanction he may incur and will also give away doubt in doing the crime again (Martin & Ellis, 1998).General deterrence also catch a positive effect in relation to the lessening the crime rate in a given place. mint will have an idea on the proposed sentence or penalty. The most popular example of general deterrence is going to jail. The media will broadcast the bad condition of a person in a jail. According to studies, jail imprisonment is more effective as a general deterrent, but it appears to be no more effective as a specific deterrent for reducing DUI recidivism than other sanctions, and it is further more costly (Martin & Ellis, 1998).Another form of deterrence is the administrative license suspension or any other criminal records that will be a problem is any job employment. When a person committed a crime, he or she will have criminal record and when this person will apply for a job, the company he or she is applying will need a criminal clearance, if in United States, an FBI clearance. When the person applying for the job had a criminal record, the company will undulate to employ the said individual. This form of deterrence had created an impact in the reduction o f recidivism (Martin & Ellis, 1998).To beef up the argument on the effectiveness of deterrence when it counts to the elimination of recidivism, another study was conducted to fasten the effect of the length of imprisonment to the number of law violations. According to Weinrath and Gartrell (2001), they concluded that sentence length exerted consistent deterrent cause on repeat drunk driving, scour for chronic offenders. While in a shorter jail imprisonment, the offenders that will be put away at shorter cartridge clip were more likely to repeat their habitual crime commitment. This finding will strengthen the evidence on the argument that deterrence is an effective instrumental role in lessening the crime rate in a given place ( Weinrath and Gartrell, 2001). Moreover, longer deterrence has positive impact in lessening recidivism rate.Another mixed bag of deterrence is the severity and strictness. According to Henry (2003), mild punishment tends to have positive effects on d ecreasing recidivism while those severe consequences produce negative effects. psychological research on punishment in has shown that mild punishment can be effective in changing behavior and is dependent on the frequency, immediacy activity and with positive reinforcement of pro-social behavior. On the other hand, severe punishment will only lead to avoidance or escape, frenzy of those punished, and aggressiveness. release and Rehabilitation There are many possible causes why recidivism is stick in our society. One is the problem in their family. When the parents of the family are not around in their home or a miserable family, these are possible factors. The most given over to commit recidivism that is results on the minimal maternal(p) guidance are the youth or novel. The insipids are not being monitored on their activities. This kind of family structure is not veracious for a sister because youthfuls has a low self control especially when encountering serious problem like family problems, they tend to break and to escape to the problem, they break the laws and norms of the society. In this detail, they are engage in drinking alcohol and drug abusing. There will come a time when they will repeat the crime they had committed before. Problems in their reading are other factors that contribute to the increase in juvenile recidivism cases. If a youngster experience failing grades or does not do well in class, the child will find a way to escape on their problems and this may lead to juvenile delinquency activities. Another major cause of recidivism among is the social factor. This can be explained when a person experienced racial discrimination, sexual harassment, abandonment, physical abuse and neglect. The society may dictate what an loose person can do. If a person is contact by criminal incidences, that person may be influenced by these awry(p) doings. This is sanely related to peer to peer relation. If group of people has engaged in wrong doing like alcohol drinking, drug abusing, the innocent person may be influenced. (Roberts, 2000) Because of the horrible news and impact of recidivism in the society, the government of United States make a program to lessen the impacts and cases of reoffending of criminal acts in the society. Lawmakers make a response to these issues. They made laws and policies that will eliminate recidivism cases in the society. Children who commits the case were been rehabilitate in a rehabilitation middle to put in to realization the crime they had committed and how to escape from the disorder of their behaviors. Parole and probation are both part of the rehabilitation program made by lawmakers. Dressler (1959) delimitate liberate as the release of the deserted outside the rehabilitation center under supervision of a parole officer. The offender had undergone rehabilitation in a correctional center. The word parole was in the french language is defined as foreshadow and in dictionary co ntext it is word of honor.The release is conditional and the behavior of the derelict is being monitored. While probation is the release of the ramshackle to the community in which he can rehabilitate his behavior better. Like parole, the offenders behavior is being monitored by the probation officer. The word probation comes from the Latin language sum a period of supervision and guidance. Probation in church term means the period were a person is seeking in the entrance to the church. In a rehabilitation center, probation is a treatment where the offender will have the guess to have socialised in a community. Probation and parole programs are being handled by the court members. The decrepit under parole program had stayed in the rehabilitation center. Both parole and probation programs are made to change the behavioral problems of the offenders. They believe that rehabilitation can be made better to the offenders if they stay in a community than staying in prison. In the paro le program, offenders are given the second chance to change their behaviors, as well in the probation program. The offenders tend to learn their lesson after they undergone in this two programs. Torbet (1996) said that probation or parole program on recidivism cases has been overwhelming dispositional decision of court judges. Almost half of the recidivism cases were made to probation or parole program. Torbet said also that probation is the roughest sanction that the offender can received. At the end of 80s decade, milium and Lab (1989) made a meta analysis on the effects of probation or parole treatment on the behavior of the juvenile deserted and concluded that probation programs lessen the recidivism of the offender. In 1992, Lipsey released another meta analysis study regarding on probation or parole programs. The result also showed that recidivism was lessening on juvenile delinquent when probation is granted to them than those in comparison group. In 1998, Lipsey together wi th Wilson conducted another Meta analysis study on the effects of serious juvenile delinquent cases to probation program. The result also showed that probation lessens the cases in recidivism. The results also suggest that there are many variations on how the probation program is being worked. Some studies had been conducted to determine the effects of the season of probation programs to recidivism. Wooldredge in 1998 found that the longer the time of probation the greater are the incidence of recidivism. lifelong age made the offenders to have irritation and disrespect on the probation officers. Wooldredge concluded that two years of supervision is the ideal duration for a probation program. Another study was conducted by Sontheimer and Goodstein (1993) to find out how intensive probation aftercare programs lessen the occurrence of offending using random assignment. And the result showed that it does not lessen the occurrence that the offender will commit again juvenile crime.P arole and Probation Effective or not? Effective response on recidivism cases is a key to minimize the occurrence of the said cases. Effective intervention on the possible causes of recidivism cases and the proper management to the offenders is the first step in reducing the reoffending of crime cases. Studies show that effective intervention reduce the recidivism rate. The effective intervention has a evidentiary effect on recidivism rate. It made a 6% reduction from the previous cases. (Lipsey, 1992)ReferencesClarke, R. V. and M. Felson (1993). Advances in Criminological Theory, Vol 5. upstart Brunswick, NJ movement Books.Dressler, D. (1959). Practice and Theory of Probation and Parole.Henry, S. (2003). On the potentiality of Prison as Punishment Electronic Version. Retrieved April 15, 2008, from http//www.is.wayne.edu/stuarthenry/Effectiveness_of_Punishment.htmLipsey, M. W. (1992). juvenile person delinquency treatmentAmeta-analytic inquiry into the ariabilityof effects. Ne w York RussellSage Foundation.Maltz, M. D. Recidivism. (2007). Electronic Version. Retrieved April 15, 2008, from http//www.uic.edu/depts/lib/forr/pdf/crimjust/recidivism.pdfMartin, S. E., & Ellis, E. (1998). EFFECTIVENESS OF STRATEGIES FOR PREVENTING DUI RECIDIVISM Electronic Version. Retrieved April 15, 2008, from http//grants.nih.gov/grants/guide/pa-files/PAS-99-023.htmlRoberts, C. H. (2000). Juvenile viciousness Cause and Effect. Yale-New Haven Teachers Institute, II.Sontheimer, H., &Goodstein, L. (1993). An evaluation of juvenile intensive aftercare probation Aftercare versus system response effects. Justice Quarterly,.Torbet, P. M. (1996). Juvenile probation The workhorse of the juvenile justice system. uppercaseWeinrath, M., & Gartrell, J. (2001). Specific Deterrence and Sentence Length. diary of Contemporary Criminal Justice, Vol. 17(2, 105-122 ).Whitehead, J. T., &Lab, S.P. (1989). Ameta-analysis of juvenile correctional treatment. Journal of Research in nuisance and De linquency,Wooldredge, J. D. (1988). Differentiating the effects of juvenile court sentences on eliminating recidivism. Journal of Research in curse and Delinquency.