The Value of the Judicial System - Case Study Example

Increase in crime rate and more and more people indulging into criminal activities have thrown light on the manner in which criminal justice and process is followed in the global economy. It is seen that different court looks towards different ways of giving justice as some look towards punishment where others look towards rehabilitation. It is seen that the adult criminal system looks towards punishment based on the level of crime that the person has committed whereas the juvenile justice looks towards rehabilitation so that the person is mentored in a manner that will help to prevent crime in the future and bring about change in his behavior (Belden & Stewart, 2001). Even the public has a mixed opinion in this regard as certain section feels that the criminal system should look towards rehabilitation whereas others feel that rehabilitation will lead towards the release of increased criminals in the society which is likely to increase the chances of crime. The paper thereby looks to discuss on the issue and present the view based on different factor whether the criminal system should look towards rehabilitation or punishment. Before moving on it is important to understand what rehabilitation means. Rehabilitation means to provide the required mentorship to the criminal so that their behavior undergoes the required change and the person is able to fit the society. Through this mentorship program the criminals are provided the required training and skills which will help them to live a respectable life in the society (Belden & Stewart, 2001). This thereby ensures that the person gets out of criminal activities and leads a simple life as a normal citizen of the country. This brings to the notion that should the judicial system look towards rehabilitation or punishment? This has widespread reasons supporting each cause but developing strategies which look towards reducing criminal rates through the rehabilitation process benefits the society the most. This has made the government of different economies to ensure rehabilitation as their main objectives as it helps to reduce the re-offending rates and prepares the prisoner to lead a simple life where he works for his livelihood and doesn’t indulges into any miscreants activities (Crow, 2001). One of the prime reasons which have made the prison system to look towards rehabilitation is that it helps to reduce crime in the future through re-offending. Since, the criminals who have been arrested for different criminal activities have to undergo a community sentence from the court under which they have to undertake various hardships it makes the criminal understand the value of life and the way it should be let (Crow, 2001). Providing a rehabilitation program at this juncture ensures that the criminal is able to improve his behavior and bring widespread changes in his behavior. Further, the fear that the criminal will be easily identified and caught if similar misconduct is done by the person also helps to reduce crime (Crow, 2001). The person knows that he will be re-offended it he is caught the next time and will again has to undergo the tough life style in prison which helps to reduce crime. This also acts as a learning curve for many as the younger generation who look towards the path of crime knows through the stories of previous criminals the hardship they had to face. It also clearly depicts the situations under which the person was offended and the manner in which it affected his social status after rehabilitation. This will thereby make the person more alert and prevent him from taking the path of crime (Russel, 2006). Rehabilitation here thereby acts as a tool which helps to reduce criminal activities and improves the behavior of the people. Rehabilitation also provides the criminal another opportunity to live life in a normal way. Since the process of rehabilitation involves mentorship it thereby looks towards bringing widespread changes in the behavior of the individual. The rehabilitation program looks towards education, behavioral and cognitive skill programs, vocational training, and work which help in the resettlement of the criminal (Deitch, 2009). This thereby ensures that the criminal is provided one more opportunity through which the person will be able to improve his life and ensure necessary changes so that the person is able to lead a normal life. The rehabilitation program looks towards different areas through which the criminal’s outlook towards file can be changed. This involves in strategies where the criminal is preoccupied with some sort of activity so that his mind moves away from criminal activities and looks towards betterment of his life style (Russel, 2006). The rehabilitation program looks towards some of the following programs (Belden & Stewart, 2001) The rehabilitation program thereby provides the prisoner to be involved in various activities which helps to reduce the person chances of taking into crime again. This thereby helps to bring a change in the outlook and ensures that the prisoner doesn’t follow the same path. This is evident from the following chart which shows the manner in which rehabilitation program helped the prisoners to receive awards and bring a change in their outlook towards life (Belden & Stewart, 2001) Ensuring a proper rehabilitation program which looks into different areas and provides different skills to the prisoners provides an opportunity to ensure that the person is able to improve his deeds and spends the rest of his life in a fruitful manner and doesn’t commit crime again. This also helps to ensure that the right of the prisoner is protected. There could be instances where the person had committed crime due to certain problems and admits the same. The person feels guilty at heart and wants to repent for it. Punishing the person and not looking towards rehabilitation might further instigate the person and might make him look towards criminal activities (Deitch, 2009). Providing a rehabilitation program during this time ensures that the person is provided another opportunity to reflect on his past doings and based on his understanding and learning an opportunity is provided to him. This helps to protect the right of the prisoner and ensures that adequate chances are provided to him to improve his guilt. This might also lead towards a situation where the person doesn’t leave the path of crime and continues so even after rehabilitation (Applegate, & Fisher, 2007). The situation then demands that according to the adult criminal justice the person should be punished. This will thereby also ensure that the right of the prisoner is not broken as he was given an opportunity to improve it but if the prisoner wants to continue in a similar manner than apart from punishment the justice has no other way as the interest of larger section i.e. the society has to be protected (Murphy, 2009). Adopting a policy of rehabilitation will also ensure that the human right people don’t raise their voice for the prisoners as an opportunity has been provided to them and even after that if the criminals continue in the same path there can be no remedy other than punishment (Applegate, & Fisher, 2007). This will thereby ensure that the law is above all and allows the judicial system to take the appropriate decisions as the rights of the prisoner have already been considered. Ensuring a rehabilitation program also ensures that the criminals who are mentally ill are provided the required guidance and training which will help to improve their life. There are criminals who have taken this path because of the past injustice suffering that was afflicted on them by the society. Having a rehabilitation program for them will ensure that the mentor is able to work on different aspect of their life and stabilize their mental condition (Maruna & Ward, 2006). This will help to ensure that the person who was not is a proper mental state of mind regains it and is able to lead a normal life again. This will also ensure that people who have undergone stress and sufferings will be able to visualize the world again differently and this will help them to overcome their past experiences (Vedder, 2002). This will thereby act as a boon for people who have undergone different mental experiences. The most important aspect here is the mentorship that is involved in the rehabilitation program (Maruna & Ward, 2006). Having a proper program will thereby help to improve the condition of the mentally ill and will act as a tool through which the society is able to improve the conditions of the prisoners. Thus, having a proper rehabilitation program which looks into different details helps to improve the present condition of the prisoners. It ensures that the mentorship and training provides the criminals the required training and skills which will help them to live a normal life. Developing a proper rehabilitation program thereby helps to reduce the criminal activities and provides the criminal an opportunity to live normal life again. It also ensures that the rights of the prisoners are protected and the prisoners who are menstally ill are taken care of. This thereby helps to bring changes in the behavior of the criminals and provides them the necessary skills and knowledge which shapes their life. This increases the value of the judicial system as it looks towards resettlement of the prisoners instead of only punishing them which thereby looks towards providing the necessary conditions through which the prisoner is able to improve and lead a normal life. References Applegate, C. & Fisher, R. 2007. Public Support for Correctional Treatment review of state surveys in Prison Journal 77 Belden, R. & Stewart, T. 2001. Optimism, Pessimism, and Jailhouse Redemption American Attitudes on Crime, Punishment, and Over-incarceration, telephone survey of 2,000 U.S. adults. Crow, J. 2001. The Treatment and Rehabilitation of Offenders. Sage Publications Ltd Deitch, M. 2009. From Time Out to Hard Time: Young Children in the Adult Criminal Justice System, Austin, TX: The University of Texas at Austin, LBJ School of Public Affairs. Maruna, Sh. & Ward, T. 2006. Rehabilitation (Key Ideas in Criminology). Routledge; New Ed edition. Murphy, J. G. 2009. Punishment and Rehabilitation. Wadsworth Publishing Company. Russel, C. 2006. Alternatives to Prison: Rehabilitation and Other Programs (Incarceration Issues: Punishment, Reform, and Rehabilitation). Mason Crest Publishers; Library Binding edition. Vedder, C. B. 2002. The Juvenile Offender: Perspective and Readings. Random House. Read More