Punishment in Prison - Essay Example

Punishment in Prison Introduction Throughout history there have been many ways of dealing with members of society that have disobeyed the laws. In earlier times, methods such as exiling criminals out of their land or direct forms of punishment such as hanging, burning, and mutilations were performed. In United Kingdom prisons, these methods have supposedly passed and more humane ways of punishing criminals have risen. The most popular sentences for criminals is prison. The main purpose of prisons can be argued. One can determine that the purpose of the prison system is to keep those who are a danger to the rest of society from causing any more danger. In placing a criminal in prison there are many effects that will occur (Carrabine, 14). The process of imprisonment is a means of punishment. A prisoner is disallowed freedom and their life is basically controlled by the routine of the total institution. A total institution can be defined as all aspects of life (eating, recreation, etc.) being conducted in the same place under the same authority. As prisons developed and more research was done, prisons became institutions of reform as well as punishment. Prisoners are given jobs to promote responsibility and a sense of independence. This approach is supposed to enable criminals to re-enter society as a "morally better person." There is also an indirect result that has often occurred during imprisonment. Prison is viewed as a violent environment that breeds a "better criminal." By only socializing with negative and deterrent attitudes the prisoner is not rehabilitated but gains criminal views of society. For this reason it is important to understand the significance of capital punishment (Cavanagh, 4). Some believe that serious offenders need to be rehabilitated. If they cannot be, some argue that the death penalty should be considered. The purpose and consequences of prison is an important issue. It is necessary to study the effectiveness of prisons as a place of punishment, reform, and violence that in itself breeds new crime (Morgan, 26). A punishment is just if it recognizes the seriousness of the crime. "Let the punishment fit the crime" is a generally accepted and sound precept. In structuring criminal sentences, society must determine what punishment fits the premeditated taking of innocent human life. To be proportionate to the offence of cold-blooded murder, the penalty for such an offence must acknowledge the inviolability of human life. Without a death penalty, the criminal laws penalties will essentially "top out" and will not differentiate murder from other offences (Von Hirsch, 345). Only if the sentencing structure allows for a substantially greater penalty for murder will the range of penalties fully reflect the seriousness of ending the life of an innocent human being. Why are prisoners in prison anyway? Are convicts detained and imprisoned for their good or our safety? Is the current system of prison working well? Is the prison pleasant for the inmate, should it be pleasant for the inmate. Are inmates being educated in the ways of society or the ways of crime? Is prison "a walk in the park" or "a walk in the dark"? Life for a convicted criminal shouldnt be luxurious by any means, but they are still people and deserved to be forgiven if they truly want help. One on one counselling sessions with these criminals would be a good first step toward change. So many people feel like no one cares about them or wants to listen to their problems. A personal counsellor would be perfect for helping the criminals deal with those emotions in an appropriate manner. The counsellors could set up a time each day or week to be in the prison to listen and assist. These criminals are crying out for help by their devious actions and might benefit from simply talking to someone who cared. Also, keeping a diary or journal each day might help them collect their thoughts. People like themselves who commit crimes have an unbelievable amount of chaos and stress built up which might be relieved through expression in a journal (McLaughlin, 83). Instead of dealing with anger and pain by going out and shooting or raping someone, the counsellors could teach the prisoners to deal with their problems on the paper before it is taken to the next level. There are many abuses of fundamental human rights that occur in all prisons, the freedom of speech is one example, as all mail to and from prison is searched and can be censored. However, there are many other human rights abuses in prisons in the United Kingdom which leave the prisoners with emotional and often physical scars. The prison should be divided into sections. Each category of crime should have its own section. Having this kind of set up, each section could get specific help in their area by the counsellors. It might negatively affect someone who had stolen something to be kept in a cell with someone who committed a murder. The counselling sessions could also be held in a group setting after the one on one session were finished. Group sessions could be helpful for all the people convicted of the same crime to talk together and realize that someone relates to what they are going through. Not dealing with a struggle alone is always more comforting. Prison System In studying the prison system, it is essential to have personal perspective and non-bias assessment of the effects prison has on an individual. It is difficult to analyze the prison system as a whole. A factor that must be considered is the culture within each individual prison. This culture consists of the attitudes and values that stem from each individual inmate and their interactions with other inmates and the staff. There is no real argument on whether prison is a means of punishment; it is conflict of being sufficient punishment for the crime committed. Many victims or people associated with victims argue that the punishment is not severe enough. In looking at the longevity of prison terms, this can only observed through the criminal justice system and not directly to prisons. However, there are many members of society that believe in the phrase "an eye for an eye", and that prisons are too soft and lenient in their treatment. Inmates must be regarded as human and for many incarcerations is punishment enough. But for those prisoners that do not mind serving time, one can just hope that they can be rehabilitated (Stewart, 16). Rehabilitation is an essential part of the modern prison system. There are those offenders that through proper education and counselling can be potentially good citizens upon release. There are many inmates regardless of their degree or reform that cannot cope with the free society. There must be more control in aiding released inmates in finding jobs, housing, and a life without crime. Although this is often taken in the form of parole, it must be implemented with every released prisoner. The effects of the prison have been studied for many years. It is difficult to determine if prison acts as an institution that punishes, reforms, or in fact breeds better criminals. As each individual perceives life in prison very differently (Hough, 20). There is also constant debate on whether there are biological factors or environmental factors or both, that are main influences on an individuals behaviour. Therefore, there are studies and continuous attempts to rehabilitate inmates in foreseeing a better life for the individual as well as protection for society. Punishment in Prison In placing a member of society in prison, the most direct effect is punishment. Both the body and mind are subject to condemnation as incarceration is time that can never be made up. Thus, the term "doing time" has arisen from these circumstances. Punishment can be seen as the direct purpose of the prison system. A prisoner no longer has their freedom in which life becomes controlled by the institution. The inmate is stripped of most of their symbols of personal identity where they must begin to adapt new meanings to all conditions of life, which were previously taken for granted. There is strong evidence that punishment is the sole purpose of prison. Isolating people from society and confining them to prison is the harshest action that the Canadian criminal justice system can take (Hough, 20). If a prison was in institution of rehabilitation then ones sentence would be completed when that person was seen as "fit" to return to society. However, each crime and its circumstances are carefully considered before a sentence is passed. The more severe a crime, the more time is to be served in prison by the individual who committed that offence. The fear of punishment by incarceration is supposed to prevent members of society from committing crimes. "Somehow the fear of incarceration is suppose to outweigh the effects of long term employment, reduce educational opportunities, social dislocation and the despair that accompanies a lack of upward mobility"(Murphy, 43). However, the common criminal often does not worry about the consequences of being caught. The offender is often forced by socioeconomic factors to commit crimes to be beneficiary to their needs (Gamberg, 45). The punishment involved in prison usually calls for minimum civilized living conditions. The prisoner is automatically stripped of their identity by taking away personal possessions such as clothing, whereby he/she is assessed a common uniform and is usually identified by a number instead of a name (Gamberg, 46). This is called the "stripping process" as identified by Goffman. This process involves dehumanizing the inmate. As opposed to direct physical punishment such as whipping imposed nearly a century ago, the only physical punishment is the aging process, as being incarcerated is stealing time from ones life the time which can never be replaced. This may also contribute to mental punishments such as boredom and lack of freedom. The pains of imprisonment include the deprivation of autonomy, liberty, heterosexual relations and a variety of goods and services (Stewart, 50). It is not questioning whether prisoners should be punished for life or death, but it is wondered if prisons should be more than just a punishment. Criminals are people too, and deserve the help that they are obviously yearning. The opportunity to change is a God given right, and people in prisons need a small shove to get going on the right track. With well-trained counsellors and the right atmosphere for the criminals, changes in their lifestyle can occur. Finding the right people to help with this change is going to be the hard part, but with a little dedication anything can be achieved. A hurting heart behind bars is a life wasted, but a content heart behind bars is a life forgiven. There are four main reasons for punishment: rehabilitation (to return someone to a former status), reformation (to reform or recreate an individual), deterrence (to deter others or to deter the person punished), and retribution (an eye for an eye). Torture The legality of using torture as punishment has been historically controversial. Today, some people see torture as an efficient form of punishment; they believe it is especially necessary in the treatment of terrorist captives or prisoners for the purpose of extracting information. Some writers such as Murphy even intentionally make up fake scenarios to exaggerate the advantages of torture, claiming that it is danger free, low cost and useful for obtaining fast response (44). However, after carefully thinking through the arguments used by many torture supporters, one will conclude that the arguments of torture supporters are fallacious. Writers who support torture show less logic, but rather indignation to viciousness. The use of torture as a form of punishment should be prohibited because contrary to the arguments of torture supporters, it does not serve a purpose, is against international law, and will only perpetuate hatred and retaliation. Many people insist torture is efficient in some extremely distinct situations, of which the good and bad are obvious, the occurrence of this kind of absolute terrorism event such as September 11th tragedy is rare. Moreover, the information provided by a tortured victim is unpredictable and unreliable. Assume there is a case that perfectly matches the conditions a torture supporter desires. One of the terrorists has been seized and tortured. Under torture, the terrorist gave the some information. Very likely, the information that he had provided was useless, for he knew little about the whole terrorist operation and simply obeyed orders to carry out acts of terrorism. Moreover, a victim will confess to anything under torture. The Convention against Torture defines torture as an unlawful act physically and mentally inflicted on a person for the purpose of obtaining information through a confession. The term "unlawful" is especially stressed, torture is thus a violation of international law, and if we are prepared to torture, then we are prepared to commit any crime because if we ignore an international law, we are ready to break any other laws. Torture is most widely and intensively used on prisoners of wars (POWs), A war, no matter how righteous, is ultimately one form of competition between two groups who are after the same benefit (Cullen, 115). Even if the motivation of the war is reasonable, it will bring out human natures worst elements such as greed, hatred and even abnormal psychological problems. Once torture is used, the application will intensify because it is the best way for a person to realize the feeling of absolute power. We need to have a new international law to reinforce the prohibition of torture, and we need the media to disclose the reality of torture, condemn governments that use torture as a form of punishment, and teach the public that torture will not keep peace, rather it will bring violence. Death Penalty The death penalty is a punishment to a person in which the person is put to death for a very serious crime they have committed, usually when they take another persons life. States and federal legislators have created laws that specifically identify which crimes a person commits that can be punishable by the death penalty (Tabak, 36). The death penalty is seen as a deterrent to increasing and more serious crime. If members of the society know that if they commit serious crimes they could be put to death for it, they are less likely to commit these crimes. However, there is great disagreement in our society about whether it is a true deterrent to crime or not. When we think about thousands of inhabitants of Death Rows in the prisons...it makes us to think that "Whats taking us so long? Murder is the most terrible crime there is. Anything less that the death penalty is an insult to the victim and society. There will always be a few individuals that are up for a challenge no matter what the consequences are for their crimes in my opinion. Since jail is neither a deterrent is essence, according to those that wish to abolish the death penalty, how long before "jail time" for murderers would be their next punishment to target for removal from our books. While all prisoners face an abuse of their rights, as in most situations those that cannot or are in a position that does not allow them to protect themselves are the one who get picked on the most. Both the prison guards and prisoners persecute the younger, smaller, or weaker inmates. There is a high number of mentally ill and child-offenders in normal adult prisons in the U.K., and they are often singled out for abuse by prisoners and guards. More often than not it is the weak that suffer from most of the abuse in prisons. Inmates who are looked on as weak by their fellow prisoners are the ones singled out for sexual and physical assault and bullying. The older, tougher prisoners who are serving long sentences prey on the younger first-timers who have no idea what is in store for them and are in most cases too trusting. The mentally ill and those who develop an illness inside prison are often abused as well, because they do not have the strength or ability to protect themselves. In some cases illnesses go long undiagnosed and the sick and progressively weaker prisoner is singled out to be raped or bashed. There are some cases in the United Kingdom of prisoners dying because the doctors in the facility have prescribed the wrong medication, or misdiagnosed the illness. In many cases, if prisoners have a medical condition such as asthma, diabetes, or epilepsy before they are admitted to prison they are not able to bring their medication into the prison with them as it is against the prison rules. Conclusion There are various punishments that violate human rights and therefore cannot be justified for any reason. According to the Universal Declaration of Human Rights, every human has the inalienable right to life and the right not to be tortured or subjected to any cruel, inhuman or degrading punishment. The penalty is not always smooth and painless, and therefore it is torture. Every legal system is fallible, and it would therefore be very possible for innocent lives to be extinguished. The death penalty can be unfairly administered to the poor and minorities (Sutherland, 27). In prison the punishment does nothing to improve society as it takes away any chance of rehabilitation and redemption. The capital punishment is not for humans to decide, and will only serve as revenge for the victims, not justice. According to the Universal Declaration of Human Rights, everyone has the inalienable right to life. This right cannot be forfeited even by committing a crime. The punishment only serves the purpose of revenge, not justice. However, the purpose of the legal system is not to deal out revenge, but justice. Every human has the right to not be tortured or subject to any, cruel, inhuman or degrading punishment. Yet methods of capital punishment such as stoning, lethal injection and electrocution, are painful and slow, and can be classified as torture. Punishment in prison violated human rights because as they are created by humans, all legal systems are fallible. It is extremely unwise to have the death penalty because there is always the possibility of error. It is unacceptable that even one innocent person could be executed. Where the presumption of innocence holds true, a guilty man walking free should be preferred to an innocent man being wrongfully convicted. Despite the existence of the International Right that every law shall prohibit ... discrimination on any ground such as race, colour, sex, language, religion, opinion, origin, property, birth or other status, the death penalty is unfair as it is disproportionately administered. The poor in many countries are disadvantaged as they have insufficient money to afford good legal representation, if any at all. Sometimes the capital punishment does not give criminals the opportunity to redeem themselves or get rehabilitated. Whatever the crime, the criminal should be given a chance to lead a normal life after their sentence has been served. Stanley Williams, in the US, was convicted of the murder of four people and was sent to death row. While in prison, although he maintained his innocence, he saw the errors in his way of life, wrote books and was nominated for the Nobel Peace Prize. Nevertheless, he was not granted clemency and was executed. This person made a genuine attempt to redeem himself but was executed anyway (Whittier, 1). What was the point in Williams changing for the better when he was still going to be executed? The capital punishment should be abolished because criminals in death row are not even encouraged to change their behaviour for their own moral benefit let alone for the rest of society. There is no way that punishment can be justified in relation to human rights. Every human has the right to life and the right not to be tortured or subjected to any, cruel, inhuman or degrading punishment. The penalty can be torture as it rarely is smooth and painless. All legal systems are fallible, so executing an innocent person is not hard to imagine happening. Corrupt politicians can use it to suit their own agendas. The punishment does not allow criminals a chance to redeem themselves (OMahony, 10). It is bad enough that some countries have the capital punishment in the first place, and even worse that some execute children and pregnant women. Legal systems need to protect the public and punish criminals, but the punishment of execution is unnecessary and immoral - it breaches human rights. Prison is itself a punishment for prisoners so there is o need to punish them some human rights welfares give the idea of providing a rehabilitative atmosphere, in which the offender can be assisted in learning new skills for the outside world, is proving to be more effective. Unless they are helped to overcome the negative parts of their life, which led them to a life of crime in the first place, there is little hope for crime levels to decrease. As stated earlier, the original purpose of the prison was to only punish those offenders of society. However, the ideals and structuring of prison has changed to an institution more directed to rehabilitation and reform. Instead of prisoners just wasting time and rotting away in prison, theories of reform were developed to enable change of attitude and values needed to return to society. The theory behind prison was that crime was caused by a bad environment in which impressionable offenders were led astray by the breakdown of community life. The purpose of the penitentiary was to make up for a bad environment, which would enable them to repeat their wrong doings and become useful citizens upon their return to the community (Murphy, 45). There were programs developed such as workshops to promote responsibility and independence of supporting oneself by earning money. These were considered essential components of maintaining a stable life when released back into society. Another important program was educating the prisoners. Inmates were able to receive high school diplomas and in some cases college degrees that would enable them to integrate back into society upon release. To the prison administrators, the rehabilitation ideal has meant reforming prisoners by changing their values and attitudes toward conventional societal norms. To others, the rehabilitation ideal means training inmates in educational and vocational skills so that they will become employable upon release from prison and be less likely to avert to crime (Murphy, 47). However, these methods are not always effective for each prisoner. By allowing prisoners to receive an education is making the prison system become an institution that is not very punishing. Criminals will see this as one more good aspect about prisons. They are able to get an education from prison and therefore committing a crime is not that punishing for them. Another point is that many inmates use this schooling to help incarceration time go more smoothly. As well, if an inmate is attempting to "better" him/her self through working and educating programs and conforming to the rules and regulations of the institution, they are often rewarded with early release from prison. So there is motivation other than trying to rehabilitate a prisoner, one can observe that good behaviour allows the prison environment to function smoothly allowing the staffs job to be much easier. Works Cited Carrabine, E., P. Iganski, M. Lee, K. Plummer and N. South (2004) Criminology: A Social Introduction. Routledge: London, 14. Cavanagh, Suzanne, and David Teasley. (1995). "Capital Punishment: A Brief Cullen, F & Gilbert, K (2003) The Value of Rehabilitation, Essential Reading. Sage Publications: London, 113-126. Gamberg, H., & Thomson, A. (1994). The illusion of prison reform: Corrections in Canada. New York: Peter Lang Publishing, 45-47 Hough, M and Roberts, J. (1999) ‘Sentencing Trends in Britain: Public Knowledge and Public Opinion’, Punishment and Society Vol 1, No 1, pps 11-26. McLaughlin & Muncie (1998) Controlling Crime. Sage Publications: London, 80-85. Morgan, R (1997) Imprisonment, pp. 1137-1194 in M. Maguire, R Morgan and R. Reiner (eds.), The Oxford Handbook of Criminology. Oxford University Press: New York, 25-30. Murphy, John, and Jack Dixon (eds.). 1990. Are Prisons Any Better? Twenty Years of Correctional Reform, 43-47. OMahony, P (1997) "Mountjoy Prisoners: A Sociological and Criminological Profile". Government Publications: Dublin, 10-11. Overview." CRS Report For Congress 95-505GOV: 4. Stewart, David O. (1994). "Dealing with Death." American Bar Association Journal 80.11: 50 Sutherland, E., D. Cressey and D. Luckenbill (1992) Principles of Criminology. General Hall Inc: New York, 25-40. Tabak, Ronald J. (1995). "Report: Ineffective Assistance of Counsel and Lack of Due Process in Death Penalty Cases." Human Rights 22: 36 Von Hirsch, A (2003) Giving Criminals their Just Deserts, Criminological Perspectives: Essential Reading. Sage Publications: London. pp. 341-349 Whittier, Charles H. (1996). "Moral Arguments For and Against Capital Punishment." CRS Report for Congress: 1 Read More