Prison Life - Purposes and Conditions of Prisons in the USA - Research Paper Example

?Running head: Law Prison Life Insert Insert Grade Insert July 16 Introduction In the United s of America, incarceration occurs to felonies whose sentence extends for more than a year. Normally, the offenders serve their sentences in either federal or state prisons. For less serious cases, offenders may serve sentences in county jails; alternatively, they may receive less severe sanctions like community service. The law provides that when people commit crimes then the US Criminal Justice system oversees the case until one is found guilty or acquitted as appropriate. This paper looks into the purposes and conditions of prisons in USA and rehabilitation of prisoners. Background The main principles that guide criminal law include retribution, deterrence, incapacitation and rehabilitation. People focus on any of the rules depending on what suits them in their life whilst legal experts and legislators favor the ideas depending on the political or economic situation (Whitney, 2009). Retribution deals with dispensing rewards or punishments to individuals, whilst rehabilitation aims to restore an individual’s worth and purpose in the society through training or counseling. Incapacitation leads to deprivation of freedom in offenders upon removal from society. It also deals with civil rights. Finally, deterrence seeks to minimize criminal acts by emphasizing on the restoration of appropriate behavior. Nowadays, the law also focuses on the constitutional rights and rehabilitation of prisoners with renewed interest following the case of Pell v Pronunier. In this case, it was held that journalists could interview prisoners whilst also ensuring that the rights of prisoners were not in conflict with the operations of prisons. Nevertheless, there are limits to prisoners’ rights in participating in community based rehabilitation programs. With education, a prominent issue in prisoner rehabilitation, the Federal Bureau of Prisons requires prisoners to attain at least twelfth grade education level (Whitney, 2009). The high illiteracy rates in prisons hinder reintegration into the society with the tax payer left to pay for the functioning of prison systems. There was ratification of the Functional Literacy for State and Local Prisoners Program in 1992, aimed at reducing recidivism and improving rehabilitation of prisoners. Prisons Both federal and State prisons are classified into either maximum, medium or minimum. Other high security prisons that go beyond maximum security are the “super- max” prisons, which deal with the most violent offenders. However, this classification is less prevalent today with some medium security prisons holding maximum security inmates (Clear, Reisig & Cole, 2012). Maximum security Prison are meant to avert prisoner’s escape or violence, they are surrounded by high security walls. Because of the nature of inmates, the prisons follow strict protocols similar to military services. Medium security prisons look like maximum security prison. However, they operate differently, with prisoners allowed communication with the outside world. Lastly, the minimum security prisons allow prisoners greater access to the outside world than the others and lack vigorous security measures. Taxpayers in the US fund prison systems mostly cater for medical and other utility bills. Nevertheless, private individuals may be contracted to provide services like vocational training, food, medical, and education provisions. Prisons may be co owned between the government and private individuals, or owned by the government but administered by the private sector or owned by private individuals but administered by the government upon terms of a lease agreement. Purpose and Conditions of Prisons Prisons are primarily aimed at punishing offenders for acts considered wrong in the society. Offenders are either detained or arrested upon breaking the law and then later presented before a court for the determination of their case. Judges determine the case depending on the arguments and evidence of the accused (defendant) and the accusers (plaintiff), at times the plaintiff is the government. Court rulings on felony cases depend on the nature of the crime, and repeat offences. Punishment is essential in society to maintain law and order since without redress, many offenders would repeat their crimes. There are various prison programs aimed at minimizing recidivism for prisoners and ensuring rehabilitation and reintegration to the society. As a democratic nation, the conditions of prisons in the United States of America are better than many nations. Correctional officers and prison wardens run the prison system. Nevertheless, according to the Human Rights Watch (2012) there are various human rights violations in prison facilities while conditions are considered. The prison population continues to increase year in year out mainly due to strict sentencing laws, and detention of immigrants. Equally, the prison system has suffered under limited resources and staff members essential for ensuring humane conditions in prisons. Thus, under these circumstances upholding human rights with regards to liberty, dignity and freedom from cruelty becomes a difficult task. America is one of the few industrialized countries that still use the death penalty and the incarceration rate is also one of the highest among the states. Ardent backers of stricter laws in America state that there are higher prison populations due to higher rates of violence in America than in other industrialized countries. Thus, they argue that higher incarceration for offenders leads to enhanced public safety. On the other hand, critics assert that other countries have higher crime rates for certain crimes but incarceration rates are less than America’s; therefore, the expanding population is a reflection of harsh sentencing laws. The overcrowding of prison facilities has necessitated the need for a review in sentencing some of the offences, particularly drug related offences. There have been more enquiries by human rights defenders and the citizens on the effectiveness of the penal code. The prison populations are unevenly skewed towards the poor, undereducated and ethnic minorities. Additionally, the prison population rates of African American are higher than their population patterns in general. One of the reasons in support of rehabilitation is that since education levels of prisoners are lower then providing education improves their chances of reentry into society (Whitney, 2009). Models Goals of Incarceration Many people consider security to be the most salient need of prisons due to the nature of inmates and the need for protection of the society and staff members. Thus, prisons are characterized with high security walls, thorough checking and regular counts. With these measures in place, only a small proportion of the inmates escape. It is expected that prisoners ought to be confined in facilities, in an impersonal environment, with strict adherence to discipline, minimal facilities and limited freedoms. However, there is a need for rehabilitation to avoid re offending (Clear, Reisig & Cole, 2012). There are three models of incarceration with the first being custodial rehabilitation. This model presumes that incarceration is meant to be a deterrent in crime or is a form of justice. The model highlights the need for obedience. Order and security for prisoners under the authority of prison wardens and behavior is highly regulated. This model is the oldest and dominates the prison system. The rehabilitation model focuses on the treatment and reformation process of the offender. It lays emphasis on house keeping and observation of security protocols as a prerequisite for rehabilitation. Another model is reintegration, which focuses on the need for corrections and integration in the society for inmates. Reintegration also focuses on enhancing communication and better relations between prisoners and families. Ultimately, the reformation process aims to give freedoms and responsibilities progressively at various stage of imprisonment (Clear, Reisig & Cole, 2012). Rehabilitation and Reintegration In order to rehabilitate prisoners, it is essential that the measures chosen are clinically valuable, are relevant politically, and theoretically sound. Adoption of correctional measures depends on scientific testing and evaluation over time. The measures to be chosen also ought to be based on evidence. Theories in rehabilitation seek to lay down a set of coherent hypotheses to minimize re offending rates. Faced with growth in the prison population, the criminal justice system grapples with policy dilemmas on how it plans to deal with prisoners. As earlier stated, prisons are meant to be corrective measures in the society. The underlying assumptions of rehabilitation are that certain factors lead to criminal behavior. Cognitive Behavioral Therapy is an intervention treatment based on the belief that cognitive therapy and social learning can help to modify behavior. Behavior patterns can be influenced by rewards and punishments. Additionally, unruly behavior is seen to be a result of negative thoughts emanating from the past. This model aims to help criminals to take personal responsibility and alter anti social behavior and thoughts (Gideon & Sung, 2010). Besides the education training programs, it is necessary to look into the major causes of prisoner’s behavior. In addition, an attempt ought to be made to alter criminal behavior and mindsets. For this to be effective, then prisoners should undergo counseling especially in offenders with interventions for drug related offences. Management of psychological problems is done by professional therapists in whom cognitive therapy is the most effective tool for changing behavior. Counseling also focuses on changing negative thoughts, reasoning, and attitudes of inmates. The treatment of mental illnesses and sex offenders is another critical issue which is addressed by counselors and therapists. Investment in specialists in mental illnesses and sex offences is a vital step in rehabilitating inmates, based on the fact that most of the offenders are likely to be convicted again. Besides offering spiritual nourishment, religious volunteers and chaplains may also provide counseling services to prisoners. In such cases, counseling and advisory services support faith based programs in view of the difficulties faced by prisoners. The most widely used programs instituted to correct the behavior and acceptability of inmates are work and education programs. The underlying idea is that work, and education skills are essential for securing jobs and contributing to society. One popular education program is the General Equivalency Diploma (GED). Approximately, forty percent of federal and state prisoners had not attained high school diploma (Gideon &Sung, 2010) other facilities offer college level education to inmates. In addition, prisoners also enroll to other forms of education intended to attain life skills. These skills integrate counseling sessions in the training programs based on the premise that inmates may find it difficult to integrate properly in the society after their release. The courses, therefore, focus on attaining skills pertaining to job application, interviews, and basic financial management. Equally, there are vocational courses offered in preparation for job opportunities that could include work assignments. Alternatively, inmates may work in various prison departments based on the belief that they will attain work ethics regardless of whether the skills gained are marketable. Community Based Treatment Besides the prison based programs, there are other programs that take place within a community. Intensive community supervision is a follow up on traditional community corrections like parole and probation. It emerged due to budget cuts and prison overcrowding. It focuses on careful monitoring accompanied with alternative sanction. The idea behind these programs is that inmates should be integrated back into the society as another option or addition to prison sentences. Monitoring could also be electronic to ensure compliance with probation terms. For community reintegration to be effective, it is necessary to ensure that there are habitual visits by family where possible. However, there should be limits on the time required in meetings at certain visitations times with patrol officers around to ensure compliance with all rules. Bonding with family members is an effective way to ensure reintegration. Conclusion In conclusion, Prison life ought to have a positive impact on inmates through transformation and as a deterrent to criminal activities. Incarceration allows prisons to engage in the rehabilitation process through acquisition of educational, vocational skills, and reduced recidivism. The Criminal Justice Department presupposes that prison life rehabilitates prisoners to the extent that their release leads to reintegration into the society. However, for this premise to occur the programs instituted at prisons should cater for all aspects of prisoners life including, vocational, spiritual and psychological needs. The strict sentencing laws on drug related offences and lower budgetary allocations to prisons lead to overcrowding. To achieve the objectives of rehabilitation and reentry into society there is a need for social support through maintaining strong family ties. Lastly, for rehabilitation and reintegration to be effective the society must recognize that inmates have changed their lives and be ready to accept them. References Clear, T.R, Reisig, M.D. & Cole, G.F. (2012). American Corrections. California: Centage Learning. Gideon, L. & Sung, H.E. (2010). Rethinking Corrections: Rehabilitation, Reentry, and Reintegration. California: Sage. Human Rights Watch (2012). Prison and Detention Conditions. Retrieved July, 13, 2012, from http://www.hrw.org/united-states/us-program/prison-and-detention-conditions Whitney, E.A (2009). Correctional Rehabilitation Programs And The Adoption Of International Standards: How United States Can Reduce Recidivism And Promote National Interest. The University Of Iowa College Of Law. Retrieved July, 13, 2012, from http://www.uiowa.edu/~tlcp/TLCP%20Articles/18-3/whitney.finalfinal.me.mlb.100109.pdf Read More