Correctional Operations - Research Paper Example

Correctional operations. In every society, there are generally acceptable set norms and values, which their members are expected to adhere to. Any deviation from these norms and values is considered deviance, and requires correctional actions. Governments also have a set of regulations, called the law, which her citizens are required to abide by. Any person who contravenes them is liable for punishment as prescribed by the same law. Laws are in place to shape the behavior of individuals, to maintain order and to enable favorable relationships with other people. Laws are subdivided into various categories like, criminal, commercial, and international laws among others. They ensure peaceful coexistence of people within the society, protection of property and individuals, and good governance. Whoever breaks them is considered a societal misfit and should be corrected in to shape their behaviors to be able to fit in the society harmoniously. According to Hornby, the term correction refers to the process of improving behaviors of criminals usually by punishing them (260). The paper will explore correctional operations in general and then narrow down to discussing the 10th and the 13th amendments, and how they have affected criminal and prison justice system in Florida. Different countries have ways of rehabilitating offenders. In the United States for instance, correctional facilities run educational programs, vocational training and psychological treatment to ensure that offenders’ behaviors are modified positively (Aptheker). Why do the authorities require such correctional operations? According to (Aptheker), the correctional operations serve to confine and treat the potential and actual disrupters of social system. A system denotes components that work together for a common goal; if one of them fails there is a possibility of a breakdown. If individuals misbehave in the society, there is likely to be societal malfunctioning. Take for example a serial killer, a terrorist or a rapist. Such criminals are detrimental to the societal environment, and need to be incarcerated to promote safety in the society and to rehabilitate them. Another function of correctional operations is to equip and empower offenders with skills that are necessary for their survival after release. The vocational and educational training accorded to inmates are useful for their social and economic empowerment. The inmates are accorded conducive environment to identify and pursue talents and skills, which they can use to earn a living after release, other than engaging in criminal activities. Further, correctional operations spearhead psychiatrist therapy. Offenders are accorded guidance counseling services aimed at altering their perceptions of life and correcting their mental anomalies if any. Some people do suffer from adverse psychological effects of stigmatization that is associated to criminal tendencies, and correctional professionals need to restore their self-worth and to prepare them to face life positively. Criminal justice system all over the world has been on a continuous flux due to immense social development. Florida is not an exemption to such alterations. Before the eradication of slave trade in 1865, slaves majorly the Africans were confined in the American prisons and their forced and cheap labor exploited to help in reconstruction after the devastating effects of civil war, and to spur economic growth in America. The slaves were being mistreated and handled in a terribly dehumanizing manner. They were treated as objects, machines or animals who worked in the farms, industries and homes of the whites. “In 1865, the 13th amendment officially abolished slavery for all people, except those convicted of a crime” (Smith and Hattery 8). This amendment provided a window for the criminalization of blacks to provide cheap labor. The 13th amendment tremendously changed the criminal and prison justice systems in Florida. According to Smith and Hatterry, the elimination of slave trade, lead to the formulation of a new set of laws called ‘Black Codes’ aimed at decriminalizing the blacks (9). For example, walking in town at night become loitering and saw many African Americans behind bars, and while there, they provided cheap labor for the vibrant American economy. The 13th amendment therefore was a veiled plot to re-enslave the blacks. This trend has been maintained by forces of racial discrimination and self-centered capitalists to date. Smith and Hatterry alludes to this opinion by observing that African Americans have more likelihood of being jailed (3). This explicates the fact that, “African Americans comprise nearly two thirds of male prison population yet they are only 13% of the total American male population” (Smith and Hatterry 3). From the discussion it is clear that the 13th amendment did open a window for exploitation of black Americans through biased imprisonments to exploit their free labor to serve the selfish interests of capitalists. The prisoners provide labor for state facilities and organizations. Currently, there has been privatization of prison department in the United States. Those who are incarcerated it in the private prisons provide cheap labor for the private sector organizations, for instance they work in multinational companies like Microsoft. Let us now explore the 10th Amendment of and how it has influenced the criminal justice and prison system in Florida. The amendment provides that, “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people” (Thomas 17). This gives the states autonomy to have control over their own affairs, but they are controlled by the central government when it comes to issues of the United States. Florida being a state in the U.S.A. was accorded powers to manage its own affairs including criminal justice and prison services. This meant that the federal government was prohibited from controlling legislative, executive and judicial braches of the states. However, this has worked for the executive and legislative branches but not the judicial branches. Federal and State judicial systems are really not separate as the federal government tends to override. Thomas states that, “supremacy clause of the federal constitution explicitly provides that state courts must follow federal law, even if it overrides state laws or constitutions (18).This means that the federal government is not ready to relinquish control when it comes to judicial systems. According to Reddy, the provisions of the 10th amendment have been greatly ignored by the federal government, and it continues to meddle in the ordinary administration of justice within the states. It controls both the civil and criminal justice system, and this is an overt violation of the 10th amendment. Even habitual drug offenders are taken to federal courts. Reddy documents that, Justice Antonine Scalia opposed the practice of committing even petty offenders to trial at the federal courts. He said that, “it was a great mistake to put routine drug offenses into the federal courts” (Reddy). Surely, some offences should be left to the states to deal with in the spirit of upholding the 10th amendment. Byrne argues that, the 10th amendment gives the American states the right to determine punishments for violation of the law within the states, and further to establish courts and prisons and other penal institutions to address legal issues. Florida has improved in handling crime by prosecution and committing offenders to prisons, but a lot still needs to be done by ensuring its autonomy. Though the federal constitution overrides that of the state it should concentrate on major crimes like terrorism and drug trafficking, but not less serious crimes. Both the 13th and the 10th amendments were formulated to improve systems including criminal justice and prison systems. The 13th amendment declared the abolition of slave trade thereby liberating slaves who were majorly blacks from the traumatizing chains of imprisonment. The 13th amendment was a brilliant idea and a remarkable stride in social development and demonization of racism whose climax was manifested in slave trade. However, this splendid amendment was somersaulted by capitalists’ forces by formulating and implementing legislations that criminalize mainly the black Americans. There should be a departure form this trend, and Florida State should ensure that the 13th amendment is pursued to the latter to avoid racial discrimination, which was brought about by slave trade, in the course of the dispensing justice. The declaration is very instrumental and is aimed at ensuring racial equality when in matters of justice. Florida State has made strides in this area, but more still need to be done to stop racial biasness in legislations and trials. The 10th amendment is also important for the state of Florida, since it advocates for functional autonomy. It gives Florida autonomy to handle its criminal justice and prison systems in the most appropriate manner. This independence, if respected, is very vital for the political, social and economic advancement of the state. Note that there are criminal tendencies that are unique to the Florida state; hence it is expedient to allow her to handle them. The 10th amendment comes with freedom that, if used well, can promote effective and efficient dispensation of justice and as such very important for Florida. The paper has explored the correctional operations, and why they are necessary. It is clear that they help in the rehabilitation of offenders, and promote peaceful societal co-existence. Owing to their importance, governments and other legitimate authorities must ensure that it is treated with uttermost seriousness. Flaws associated with justice systems should be established in time corrected efficiently to enhance professionalism. The 13th amendment declared the abolition of slave trade, hence a vital tool of fighting racial biasness in the justice process. It is imperative that Florida State ensures that it is implemented to the later, and to strongly advocate against re-enslaving the black Americans through prejudiced legislations and trial systems. The 10th amendment on the other hand advocates for autonomy of American States to run their own affairs. It should be respected to ensure social, political and economic advancement of the state of Florida. . Work Cited Aptheker Bettina, The Social functions of the prisons in the United States. 2012. Web 14 April 2012. http://www.historyisaweapon.com/defcon1/apthekersocfun.html Byrne Brianna. Rights and Duties of States. EHow.com 2012. Web 13 April 2012. http://www.ehow.com/list_6750021_rights-duties-states.html Hornby, A.S. Oxford Advanced Learners’ Dictionary of Current English. New York: Oxford University Press, 2000. Reddy Vicrant P. 10th Amendment applies to criminal justice, too. 2012. Web 14 April 2012. http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1202542435200&slreturn=1 Smith Earl and Angela Hattery. Incarceration: A Tool for Racial Segregation and Labor Exploitation.2008.Web 14 April 2012. http://www.wfu.edu/aes/pdf/Prison_Industrial_Complex_RGC_2-16-08.final.pdf Thomas R. Keneth..Federalism, State Sovereignty, and the Constitution: Basis and Limits of Congressional. 2008. Web 13 April 2012. http://www.fas.org/sgp/crs/misc/RL30315.pdf Read More