The Rate of Recidivism and Improvement of the Rehabilitation of Criminals - Essay Example

Should criminals be punished with lengthy pre-determined sentences or re-educated and rehabilitated using community service programs? School: Professor: Introduction The US Prisons facilities manage criminals that have been incarcerated, kept in jails or prisons, or in community lockup facilities. This would also include those people on probation, parole in various community facilities, and in 2008, the figures were about 7.3 million or 3.2% of the adult population (BJS, 2010). Most of the prisoners who have been released have done a similar offence within 3 years of release. It was noted that in1994, about two-thirds of the 3, 00,000 ex-prisoners who were released, had committed a repeat offence and for this they were arrested again. A decade back in 1982, this figure was at about the 62% mark. 1,180,000 prisoners who received parole was going to face re-arrested mainly due to repeated offence in the year 2007. Amongst those who receive parole, about 16% were back in jails in 2007. Most of the case of re-arrest occurs due to robbery, burglary, stealing property, stealing vehicles, handling illegal weapons, etc. People who commit sexual offences were likely to commit the same offence within 3 years (BJS, 2010). The Department of Corrections consume about $59 billion of the tax payers money, but more than 50% of the ex-prisoners get re-imprisoned due to repeat offences. The System of the Department of Corrections is not only inadequate but the methods adopted do not seem effective, as methods of incarceration is a huge failure. It is high time that the Department of Corrections develops a new initiative to punish the criminals, develop an environment to rehabilitate them, and ensure that before they are released into society, harm to others is prevented and the recidivism rates are lowered (InfoPlease, 2007). The System of pre-determined sentences has seen a long story through history. This was because there were instances where people were released early even for committing murders, and on the other hand, people received long sentences for even minor offences. Following incidents of such tune, determinate sentences were enforced in the US (Sean Hayes, 2006). According to the concept of determinate sentencing, a guideline for the basis of criminal sentencing had to be adopted that was dictated by the Statute applicable. Determinate sentencing applied to both mandatory minimal sentencing and enhanced sentencing that was applicable for certain types of crimes. According to the sentencing guidelines under the determinate sentencing concept, judges can use their discretion based on the individual case to determine a sentence. In case of mandatory minimal and enhanced sentencing, there is no room to make any discretion by the judges. Following the 1980s increase in crime rate throughout the US, there were urgent measures felt to reduce crime and to implement more stringent measures. Hence, the Congress and various States across the US developed various statues that were applicable for certain crimes or in case of re-arrest for repeating offence. However, today, the ill-effects of pre-determined sentences are seen (The Legal Dictionary, 2011). In this Essay the Thesis Statement would be proved – Education and rehabilitation using community based programs is an effective mean compared to pre-determined sentencing in reducing recidivism and lowering the case of re-arrests. Body In the 1980’s and the early 1990’s, many sentencing measures that were developed were developed out of the need to curb drug use and trafficking. Any person who was found in possession of narcotics was treated harshly, indifferently, and was given non-negotiable sentences. However, following such kind of sentencing the results have been unintended and inconsistent. Many of the offenders who commit repeat offences are given lighter treatment by the police compared to first-time offenders who commit nonviolent crimes. This is because, since the repeat offenders are already in the criminal system, they may provide invaluable information to the police. The California Penal Code under Section 667 has a rather interesting approach to the manner in which third offences are being handled. For example, a person who commits a third offence of serious nature, the sentence could be doubled and range from 25 years to life imprisonment. The main aim of this legislation was to reduce crime and repeat offences, but it created a different kind of a problem on the criminal system as it did not have any impact in reducing the rate of re-offences (Sean Hayes, 2006). One of the cases in which the constitutionality of pre-determined sentences was checked was in the case Lockyer v. Andrade, 538 U.S. 63, 123 S. Ct. 1166, 155 L. Ed. 2d 144 (2003). The sentence appeared disproportionate to the offences committed by the defendant. In this case, the court used the three-strike rule to intensify the nature of the offences to felony. The defendant appealed before the appellant court of California and it was found that the sentence did not meet with the Eighth Amendment. The punishment was found to be unusual and cruel, and this can be seen in general with the California law. In the case Solem v. Helm, 463 U.S. 277, 103 S. Ct. 3001, 77 L. Ed. 2d 637 (1983), it was held disproportionate sentencing for crime is effectively prohibited under the Eighth amendment of the Constitution (The Legal Dictionary, 2011). The Uniform Determinate Sentencing Act, 1977 developed by the California State government, and prior to this system, there was a system that was filled with a lot of racial and socio-cultural discrimination. Offenders who were rich and belonged from the White groups were more often given a sentence that was less severe in nature. The Blacks were often targeted, abused, and their sentences were inflated and often covered to felony in case of repeated offences (Sean Hayes, 2006). In order to reduce the recidivism rates of the prisoners, education and rehabilitation programs can be conducted to provide support to the offenders and drug problems are effectively curbed. The treatment provided currently to prisons is minimal without any kind of mental health support. Not only are the sentences enforcing, but should also include a rehabilitative environment in the prison. Once, the prisoners complete their term and are out into the society, they may get easily frustrated due to the job problems and general inefficiency. Today none of the prisoners are given a set of responsibilities that they would have to fulfill once they are released into society. Having rehabilitative program can also have a positive effect as prisoners try to escape from the jail less often and can develop the skills needed to life in society (Prison Reform Trust, 2006). Forms of Evidence Deductive syllogism is a form of logical reasoning in which reasoning is made from general to specific and efforts are made to gain knowledge. An argument that is not deceptive in nature is valid and sound. In the syllogism law, two conditional statements are created by combining the hypothesis of one statement and the conclusion of another statement. When the deductive syllogism is applied in rehabilitation and community based programs can be used as a measure to reduce the rates of recidivism and lower the rates of re-arrests, rather than using pre-determined sentences, through the process of deductive syllogism. Inductive observation is a process of reasoning through abstractions and generalizations. Recidivism and re-arrests would depend on the nature and extent of community-based programs that are provided. There to a greater extent, the community-based programs in prison are important. Hence, by using both the deductive and inductive syllogism, the importance of community-based programs are being felt in reducing the rates of recidivism and prevent re-arrest from occurring (Fibonicci, 2011). Opposition Paragraph The refutation statement is whether pre-determined sentences can help reduce the rate of recidivism and improve rehabilitation of criminals. The system of pre-determined sentences, wish that criminals go to prison and remain there for sometime in order to protect the general population. However, there is no general rehabilitation done, as in any kind of pre-determined sentence, rehabilitation and reducing recidivism is not the heart and soul (Prison Reform Trust, 2006). There may be other factors that are associated in the pre-determined system. Pre-determined sentencing seems difficult on crime. Based on the needs of the individual, the stay in the prison should be customized in such a way that re-entry into society should be channeled rather than having prison stay as a mean for punishment. The central theme of pre-determined sentencing is punishment, which is leading towards overcrowding of prisoners today, and the general misuse of the taxpayer’s money. It is not necessary that two individuals who are punished for the same offence in exactly the same manner and receive exactly the same punishment in terms of years in the prison. The amount of punishment needed should also be a part of the imprisonment plan, but should not be a main part of it. The amount of retribution (through parole or imprisonment), should also be a part, but the most important would be the amount of rehabilitation and admission under the community-based programs is needed, in order to prevent recidivism and re-arrests (Sean Hayes, 2006). Conclusion The main need is to have good rehabilitation programs in prison so that recidivism and re-incarceration can be lowered rather than having imprisonment for the sake of punishment or retribution. Today most of the facilities for imprisonment are merely containing places to prevent criminals from escaping into the public. More than two-thirds of the prisoners are back in jail within a few years, with the same or similar type of offences. Parole as such when used should be done more constructively and with the intention of including work or education in the programs. Innovative ideas should be used in various programs meant for the prisoner. Greater involvement in the programs is also required from the prisoners themselves. Prisoners should be encouraged towards greater involvement in educating others through community-based programs. The thesis statement of education and rehabilitation is more effective than pre-determined sentences has been proved to reduce recidivism and re-arrests. Works Cited Bureau of Justice Statistics. Recidivism. 2010. BJS, 5 November 2011. http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=17 Bureau of Justice Statistics. Total correctional population. 2010. BJS. 5 November 2011. http://bjs.ojp.usdoj.gov/index.cfm?ty=tp&tid=11 DJ Champion. Measuring Offender Risk: A criminal justice sourcebook. Westport: Greenwood 2011. http://books.google.com/books?id=ykH68xXtSF8C&pg=PA184&dq=parole+system+advantages+disadvantages&hl=en&ei=UV7ETN36E4isugOk6rmWCA&sa=X&oi=book_result&ct=result&resnum=2&ved=0CCwQ6AEwAQ#v=onepage&q=parole%20system%20advantages%20disadvantages&f=false Fibonicci. Logical and Inductive Reasoning. 2011. Fibonicci. 5 November 2011. http://www.fibonicci.com/logical-reasoning/ InfoPlease. U.S. Prisons Overcrowded and Violent, Recidivism High. 2011. InfoPlease. 5 November 2011. http://www.infoplease.com/ipa/A0933722.html Prison Reform Trust. New Approach Needed in Prisons to Reduce Reoffending. 2002. Prison Reform Trust UK. 5 November 2011. http://www.prisonreformtrust.org.uk/subsection.asp?id=396 Sean Hayes. The End Of Determinate Sentencing: How California’s Prison Problem Can Be Solved With Quick Fixes and A Long Term Commission. 2006. Stanford University. 5 November 2011. http://www.law.stanford.edu/program/centers/scjc/workingpapers/SHayes_06.pdf The Legal Dictionary. Determinate Sentence. 2011. The Free Dictionary. 5 November 2011. http://legal-dictionary.thefreedictionary.com/Determinate+Sentence Read More