American Corrections System

American Corrections System
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American Corrections System
Chapter 4 Review
Question 1
A criminal sanction refers to the punishment that is allotted for individuals who engage in illegal activities. Usually, a criminal sanction has four goals; deterrence, incapacitation, rehabilitation, retribution, and restitution. It is vital not to allow one goal to dominate the criminal sanction. Judges should have different goals in mind to make reasonable determinations. Allowing one plan to dominate means that the sanction allotted will not be suitable. I would ensure that there are different goals on the criminal sanction as the care proceeds.
Firstly, the criminal sanction will depend on the crime involved. In this case, judges should consider the type of crime the offender has committed to determine an appropriate sanction. Secondly, I would ensure that the criminal sanction endeavors to repair the victims' damage because of the damage to property and self. Illegal activities cause harm to the victims, and other approaches like retribution, rehabilitation, and incapacitation do not compensate the victims of losses suffered.
At the same time, having a restorative goal in mind will be necessary to ensure the offenders work with the victim to diminish any form of fear. Combining the two approaches would ensure that the punishment offers justice to the victims while at the same time compensating them for the pain inflicted.
Question 2
Not all offenders can be successfully rehabilitated. Rehabilitation is concerned with transforming an individual's criminal mind. It seeks to restore convicted offenders to a constructive place in a community by providing them with vocational or educational training or therapy. The main aim is to apply treatment and training to the criminals to return to society and operate as law-abiding citizens.
Since not every offender is suitable for the treatment, it is essential to carefully assess the criminals ideal for the process. Offenders involved in drug and alcohol abuse, violence, and other general offending can benefit from rehabilitation efforts. This is because the treatment and education plan can assist them in reforming. Such criminals need to recognize that it is possible to abandon undesirable behavior and change accordingly. Through education and treatment, such offenders will transform and become law-abiding members of society.
For the offenders who are difficult to rehabilitate, the corrections system should start by offering them incentives. In this regard, a prison can increase yard time for offenders willing to rehabilitate or reduce it for those who have difficulties rehabilitating. Additionally, difficult offenders can be given more extended incineration periods. This means that their inability to rehabilitate increases the amount of time they can stay incapacitated.
Question 3
Judges, prosecutors, and parole board members should have more discretion in administering criminal justice. They should decide who to charge with a crime, which demands filing and allocating prosecutorial resources. In undertaking this mandate, they should exercise discretion and remain fair.
Judges should enjoy higher discretionary powers than the rest of the individuals in the administering of criminal justice. Trial judges should be allowed to customize a sentence that accommodates the values of each case. For instance, judges should be allowed to impose shorter or longer penalties depending on the circumstances of the case. Despite the offense posing a minor threat to society, a forger may receive a more extended, more punitive sentence. The major aim for the corrective measures may be to deter other individuals who may want to engage in a similar criminal offense. The same judge can impose a shorter sentence on an individual who has committed a serious crime, especially where it is evident that the offender can rehabilitate and be quickly integrated into the community.
However, when it comes to dropping charges and plea bargaining, both the prosecutor and the parole board should have more discretion. Since these understand the merits and demerits of the case, they should be allowed to initiate alternative ways of addressing the issue apart from the normal court process.
Question 4
As a lawmaker, I would vote that criminal sanctions should not be based on a single goal. Instead, judges should sanction after considering a combination of approaches that ensure that the victims are compensated while at the same time giving the offender an appropriate punishment. For instance, a judge should not be motivated primarily by sentencing a young person caught in robbery if the offender demonstrates that they can rehabilitate. In this regard, the aim should be to identify a sentence that seeks to rehabilitate the offender instead of imposing long sentences. Additionally, I would use the criminal justice system to consider the background of the illegal activity. Did the offender commit the crime under duress, or was it heavy mental stress? While sentencing such offenders, judges should be more lenient since the crime may not have been committed intentionally.
Moreover, I would push for measures that examine whether the offender is a repeated or a first-time offender. First-time offenders should not receive punitive measures. Those who re-offend more should get more punitive measures to deter them from engaging in further criminal activities. The criminal sanction system must ignore the offender's race, social status, religion, and gender while imposing sentences.
Question 5
Innocent individuals should not be punished despite the ongoing war on crime. Many individuals are in prison, yet they are innocent. If a court finds out that an innocent individual was punished, it should rectify the mistake. The court should identify the actual offender and provide compensation to the individual who was wrongly convicted.
I would feel bad if a friend or relative was convicted wrongly. It would be frustrating to learn that they are being punished for a crime they did not commit, yet the actual offender may be free. I would feel that the criminal justice system has failed. It would be challenging to trust that the system can dispense justice to all individuals. I would also feel unsafe while dealing with courts because I could be subjected to unfair processes. If criminal sanctions can be imposed on an innocent friend or relative, the same can also happen to me.
I do not believe that any amount of money can compensate for the time spent behind bars. However, it is essential to offer monetary composition to the individuals to compensate them for the time wasted. The compensation offered should be reasonable enough to establish themselves once they are out of jail. I would propose a rate of $50,000 a year for the time spent in prison.
Chapter 5 Review
Question 1
Due process must be followed in ensuring that the prisoners adhere to the institutional rules. However, this may be challenging considering that some prisoners may be unwilling to adhere to the rules. On the one hand, I have the discretion to discipline inmates who break the rules. However, the prisoners have a right to challenge the charges, challenging me to institute disciplinary measures. However, it gets more complicated if an inmate challenges my decision too vigorously. In this case, I am allowed to impose further corrective actions.
It is critical to ensure the safety of all the inmates by protecting them against the violence that may emerge. The Fourth Amendment requires equal protection for all individuals. Consequently, I am obligated to protect all the prisoners without any form of discrimination. If violence between races is imminent, then I am allowed to segregate some of the prisoners. This may appear to some inmates as a form of discrimination against a particular category of inmates.
After punishing the inmates for violating institutional rules, the prisoner can sue and demonstrate that the punishment was not proportional to the prison-rule violation. This makes it challenging to ensure ...