A Consideration of Prison Ethics: Punishment vs. Rehabilitation - Essay Example

Comments (0) Cite this document
Although this is an extremely simplistic way of looking at the problem of punishment the fact is that over the centuries no-one has found an effective balance between the two ideals and that could be one of the reasons for our ever growing prison populations. …
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.9% of users find it useful
A Consideration of Prison Ethics: Punishment vs. Rehabilitation
Read TextPreview

Extract of sample "A Consideration of Prison Ethics: Punishment vs. Rehabilitation"

Download file to see previous pages Although this is an extremely simplistic way of looking at the problem of punishment the fact is that over the centuries no-one has found an effective balance between the two ideals and that could be one of the reasons for our ever growing prison populations. Punishment At present the ideology in terms of punishment in American society at least, is retributive. This stemmed from a mid 20th century debate between the merits of rehabilitation and a form of fixed sentences that was uniform (and therefore fair) and applied to everybody. The Sentencing Reform Act of 1984 and subsequent political acts took care of that and has been adhered through to present day. The philosophy behind this legislation is that rehabilitation is not effective for all individuals and therefore society needs to be protected from individuals who do wrong (against others or property) with the best way of doing that perceived as being incarceration or incapacitation (Zimring). One of the main issues in determining ethical ways of dealing with wrongdoers is that there needs to be an established set of roles and definitions that work within society to provide a system that all potential criminals are subject to. Rawls for example noted that defining punishment was not the same as justifying punishment; Justifying the use of prisons should be separate from any act of punishment (committing a person to such place); and that the practice of punishment must be justified through either forward thinking (consequentiality), or backward thinking (deontological). Based on his (and others) ideas it is generally agreed now that while the act of punishment might be the cause of some debate in terms of harshness and appropriateness, the justification for punishment is assumed. Secondly, that the justification for punishment comes from both consequential and deontological considerations. There are a number of reasons why punishment needs to be justified. Firstly punishment is a man-made action – it is not a natural fact and does not exist outside of the human experience. Therefore the rules that govern such action (human on human) are ones that should be considered ideal within society. Punishment as such is something that we as a human society decide to have and maintain within our society – it is a choice and as such could be done without. Although this is not likely to happen it has been proposed by the likes of Skinner in 1948 and Davis in 2003. One of the problems about punishment is the determination of whether or not the acts or depravations inflicted on the perceived wrongdoer are completed by an authoritative body, or by a sadist. The potential for an abuse of the power to inflict harm on another with impunity – indeed one that is actually sanctioned by society at the time cannot be ignored (Bedau). By their very nature punishments are severe, and one of the key issues still being debated today is what constitutes a cruel or inhumane act – where does the authoritative body draw the line especially for when the person being punished has committed acts that society find so distressing. Rehabilitation When it comes to rehabilitation most theories consider three basic ideas: 1. that the intervention is intentional and necessary; 2. that the method of rehabilitation relates directly to what is perceived to be the causal element of the offence in the offender and 3. that the proposed intervention will make it less likely for an individual to reoffend (Cullen and Gendreau). Unfortunately ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
(“A Consideration of Prison Ethics: Punishment vs. Rehabilitation Essay”, n.d.)
Retrieved from https://studentshare.org/philosophy/1430803-ethics-of-prison-rehabilitation
(A Consideration of Prison Ethics: Punishment Vs. Rehabilitation Essay)
“A Consideration of Prison Ethics: Punishment Vs. Rehabilitation Essay”, n.d. https://studentshare.org/philosophy/1430803-ethics-of-prison-rehabilitation.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF A Consideration of Prison Ethics: Punishment vs. Rehabilitation

Alternatives to prison: punishment in the community

...?Alternatives to prison: punishment in the community I. Functions and purposes of alternative prisons and how they are achieved In the past years, prison population is exponentially increasing and this has posed considerable financial concerns for the government. Tewksbury and Demichele (2003) saw this as an attestation that the criminal justice system is more inclined in controlling and incarcerating offenders rather than a road of reforming them (04). Reports have shown that imprisonment has not achieved the alternative goals it seeks to reach (Custodial and Non-custodial Measures: Alternatives to Incarceration, 2006). Imprisonment has several...
12 Pages(3000 words)Literature review


...and rehabilitation interventions to eliminate debilitating pain and fatigue while coordinating chemotherapy cycles, radiation treatment and surgery. Concerning brain rehabilitation, services serve to restore the ability to cognitive processes, where neurologists, psychiatrists, psychologist, physical therapists and language pathologists among others work together to provide individual attention due to the uniqueness of each injury. Pediatric rehabilitation is directed towards children and adolescents overcome developmental challenges through special consideration. This is by handling interest, goals and family issues to motivate children through recreation and functional...
5 Pages(1250 words)Essay


...are included as a necessary component of rehabilitation programs, and relapses are considered in all-inclusive treatment protocols that take into consideration the willingness of the patients to be treated. Recognizing that relapses are common and that patient attitudes factor into the success or failure of treatments also is an admission that dependencies, emotional and physical traumas, and other conditions that require rehabilitation are complex, and that many factors need to be considered in devising rehabilitation treatments and protocols that work. The reality of relapses point to human factors and patient attitudes and inclinations as outlying factors that affect...
3 Pages(750 words)Essay


...Has the Concept of Consideration Become Obsolete? At present consideration has been reduced to a mere technical condition of the law, which is unrelated to equitability or fairness in implementing a promise. This change in attitude towards the notion of consideration has transpired over a period of time. Effectively, consideration has been transformed from constituting a cause for enforcing a promise to a technical dogma that has minimal or no bearing on either the fairness of or advantage in carrying out an assurance, or acknowledging a commitment. Consequently, there exists the possibility of enforcing a promise that lacks consideration, whilst it is also possible that even in the presence of consideration a promise may... not be...
4 Pages(1000 words)Essay


...) required in order to develop the necessary infrastructure for rehabilitation, could have been used for other developmental purposes. Third, the ultimate outcome of such application has not yet provided any aspiring result upon which we can depend or dream about a better future. Historically, the issue of finding an alternative against punishment and capital punishment received attention since 18th century onwards. This very attempt gave birth to the introduction of prison houses as this method promised more humane treatment towards the criminals. The idea of rehabilitation can be regarded as the latest approach in this field but it is failing to...
6 Pages(1500 words)Thesis

Prison vs. Mental Institutions

...Prison vs. Mental s/Community-based Mental Health Programs Lisa Ware Humanities 205, Fall 2009, Section November ( ), 2009 Lisa Ware Prof. ( ) Humanities 205 ( ) November 2009 Prison vs. Mental Institutions/Community-based Mental Health Programs I. Background Information It is such a biting consequence to have come to learn completely that roughly 16% of the two million U.S. prisoners by 2003 have been confirmed mentally ill according to the U.S. Bureau of Justice (Okasha, par.2). This figure, that has a relatively varied through decades, is allusive of the mid-century turning point in the history of the nation’s mental health sector with the...
2 Pages(500 words)PowerPoint Presentation


...of action for Nigella in regard to the legal position of this case. This case study presents the contractual matter between the Nigella and Ramsay. There was a valid agreement between the two parties, and consideration for Nigella to Ramsay was the teaching services she promised to offer to him. On the other hand, Ramsay’s promise to pay for the services constituted consideration of Ramsay to Nigella. When parties are in agreement they all have to discharge the obligations they owe each other until the end of the agreement. This implies that Ramsay was entitled to receive services from Nigella until the end of the agreement. However, this appears to carry periodic payments and the imposition of new...
4 Pages(1000 words)Case Study


...of the other three methods. Discussion In this paper, rehabilitation is considered to be the most valuable rationalization of punishment since it does not concentrate more on punishing the offender but on reforming the offender to be useful to self and society (Duker and Malsch 1957). Through rehabilitation, it is clear that the obligation of the state is to assist those who fell short of society’s expected moral behavioral standards. The argument is that restoring a socially acceptable life for criminals through rehabilitation will enrich them with skills that can make them self dependent beyond the disadvantages of their constrained life that led to...
3 Pages(750 words)Essay

[Ethics and Criminal Punishment]

...Discussion Post Discussion Post There is a major difference between retentionists and abolitionists in terms of capital punishments. Abolitionists consider that capital punishment should be practiced within every society. On the other hand, retentionists claim that capital punishment must be avoided in every possible manner. There are two different ethical systems that are followed by each school of thought in order to assert regarding capital punishment. These ethical systems include utilitarianism and non-consequentialist grounds of ethical theories (Frey, 2008). Herein, it can be studied that the reason behind retentionists claim regarding capital punishment is that they believe that by banning it, more and more welfare can... be...
1 Pages(250 words)Assignment


...Rehabilitation Peden defines rehabilitation as the development of a patient to the fullest physical, psychological, vocational, avocational, social, and educational potential that is consistent with their anatomical or physiological impairment and environmental limitation (Peden, 2010). The starting point for patient rehabilitation is the time one presents him/herself at the hospital with an illness or injury that limits their functioning capacity. The settings in which rehabilitation care takes place starts in the acute care setting, then to post-acute setting, and finally continues to outpatient setting. After the patient leaves the hospital, care continues to be...
3 Pages(750 words)Assignment
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic A Consideration of Prison Ethics: Punishment vs. Rehabilitation for FREE!

Contact Us