Effectiveness of Punishment to Rehabilitation Debate - Essay Example

Effectiveness of Punishment to Rehabilitation Debate The objective of the essay is to debate the effectiveness of punishment compared to rehabilitation in relation to management of convicted offenders in prison and under community supervision. The debate would be formulated on the basis of issues of punishment versus rehabilitation that address the following points: (1) deterrence of crime, (2) effect on victims and victims’ families, (3) effect on the offender, (4) social effect on society, and (5) fiscal effect on society. Effectiveness of Punishment to Rehabilitation Debate When a person has been convicted of a crime, there are sentences imposed by the justice system which serve as punishments the purpose of which was for retribution, as a deterrent, and for social control. Usually the sentences range from probation to serving time in prison with intermediate sanctions (Siegel 2002). However, the diverse factors determine the sanctions and processes imposed by the justice system. Punishment and rehabilitation are two of the main goals of the US criminal justice system, aside from the deterrence and incapacitation. The objective of the essay is to debate the effectiveness of punishment compared to rehabilitation in relation to management of convicted offenders in prison and under community supervision. The debate would be formulated on the basis of issues of punishment versus rehabilitation that address the following points: (1) deterrence of crime, (2) effect on victims and victims’ families, (3) effect on the offender, (4) social effect on society, and (5) fiscal effect on society. Definition of Terms Punishment is defined as “some pain or penalty warranted by law, inflicted on a person, for the commission of a crime or misdemeanor, or for the omission of the performance of an act required by law, by the judgment and command of some lawful court” (Lectric Law Library, 2010, par. 1). Accordingly, the ultimate objective of punishment is “to reform the offender; to deter him and others from committing like offences; and to protect society” (Lectric Law Library, 2010, par. 5). On the other hand, rehabilitation means “a punishment intended to reform a convict so that she can lead a productive life free from crime.” (Smith, n.d., par. 1) The objective of rehabilitation is more therapeutic than punitive. “The main goal of rehabilitation is to improve a criminal offender’s life so that they no longer have the desire to commit criminal acts” (Kitchen, 2009, par. 7). Generally, punishment is imposed by the justice system in adult courts while rehabilitation, treatment and community protection are usually imposed for juvenile courts (Office of Juvenile Justice and Delinquency Prevention (OJJDP) (1999)). Crime Deterrence Punishment’s main objective is for deterrence of future crimes. The imposition of programs, penalties and punitive activities aiming to punish criminals for crime committed have been found to be temporary insofar as the criminals are incarcerated. According to Kitchen (2009, par. 3), “approximately sixty-three percent of criminal offenders who have been punished have committed crimes in the past. Many criminal offenders who have been punished also go out and commit other crimes”. This contention was supported by Smith (n.d., par. 2) who averred that incarceration as a penalty for paying one’s debt for criminal offense is not an effective crime deterrence. Accordingly, “incarcerating offenders could actually make them more likely to commit offenses after they are released, and recidivism rates attest to this. A rehabilitative approach would attempt to treat the underlying cause of her transgressions so that she can return to the society to become a full and productive citizen” (Smith, n.d., par. 2). Effect on Victim and Victim’s Families Victims and their families feel that they have been retributed when offenders are punished for crimes committed. However, as averred by Mackenzie (2007), “the difficulty is that however severe the retribution, it would not satisfy those who have been injured”. In this regard, the victim and the victim’s family still feel the loss and the pain despite the punishment that was rendered. Larrabee (2006) averred that “when a victim or the victims family feels that their offender does not receive the appropriate sentence, it causes emotional stress and also financial strain when restitution is not implemented” (3). On the other hand, in terms of rehabilitation, the victim and the victim’s family are part of the rehabilitation process through face to face confrontation, to wit: “restorative justice is a process whereby all the parties with a stake in a particular offence come together to resolve collectively how to deal with the aftermath of the offence and its implications for the future” (Braithwaite, 1999, 5). There is a feeling of catharsis and healing to be part of the restoration process of someone who once inflicted pain in one’s life. Effect on the Offender Punishment does not have a redeeming effect on the offender, since the punishment did not make the offender a better part of society (Macionis, 2006, 182). Although the goal of punishment (as a crime deterrence) has been served for the time that the form of punishment is being implemented. Once tagged as ex-offenders, they find it difficult to blend in society, look for employment, or regain their normal lives. In this regard, offenders feel depressed upon being separated from their families. Larrabee (2006, 3) emphasized that “punishment causes social disorientation, alienation, and also increases the risk of recidivism. When an offender is released from incarceration, they face social isolation, stigmatism, economic and employment challenges”. Although there appears to be cases where violent crimes committed by children warrant imposition of sanctions and penalties proper in adult courts, still, the process and system accorded by juvenile courts are worth undergoing. The very nature of children separates them from adults. They should be accorded with rehabilitative opportunities to reflect and absorb the offenses that have been committed; and thereby give them the chance to change and mature as responsible adults – without the stigma of adults being branded as criminals for life. Under rehabilitation, the offender is given another chance to change for the better. By addressing the root cause of the crime, the offender is transformed through appropriate interventions which would guide and assist his future behavior. Rehabilitation allows offenders to remain with their families through community supervision and enables them to continue employment, as required (Larrabee, 2006, 3). Effect on Society Society certainly has to give them a chance by trying its best in providing the necessary programs. If that fails, then the adult system needs to take over. There is recognition by society to support rehabilitating offenders. According to the Bureau of Justice Statistics (2004), “the processing of juvenile offenders is not entirely dissimilar to adult criminal processing, but there are crucial differences. Many juveniles are referred to juvenile courts by law enforcement officers, but many others are referred by school officials, social services agencies, neighbors, and even parents, for behavior or conditions that are determined to require intervention by the formal system for social control.” Society is mostly concerned on an offender’s rehabilitation process to prepare him for reintegration to the community in the near future. Society does not have any participation or effect on punishment as it is only sufficient in terms of crime deterrence on a temporal basis without options to make the offender better members in the future. Fiscal Effects The costs of incarceration was revealed by Larrabee (2006, 4) as “an average of $30,000 per year to house, feed, clothe, and supervise a prisoner. This figure does not include the costs of construction and other factors. Many rehabilitation programs have been introduced to not only help deter crime, but also to reduce the rising cost of punishment.” Conclusion The US government takes into consideration appropriate cost benefit analysis, in addition to the aforementioned factors, to weigh the advantages of one form of crime deterrence over the other. Looking closely at the effects of both punishment and rehabilitation, in the end, rehabilitation proves to be more beneficial for the offender, for the victims, for the society and government, in general. References Braithwaite. J. (1999).Restorative Justice -Assessing Optimistic and Pessemistic Accounts.  In M. Tondry. ed.Crime and Justice a Review of Research, Vol. 25. University of Chicago Press. Bureau of Justice Statistics. (2004). The Justice System. Retrieved 18 August, 2009 from Larrabee, A.K. (2006). Punishment vs Rehabilitation in the Criminal Justice System. Retrieved 06 May 2010. Lectric Law Library. (2010). Legal Definition of Punishment. Retrieved 05 May 2010. < http://lectlaw2.securesites.net/def2/p201.htm> Mackenzie, G. (2005). The Law - Juggling on a tightrope. How Judges Sentence. Reviewed by Arie Freiberg http://www.apo.org.au/webboard/results.chtml? filename_num=16097Federation Press, May 2005, 203 pp Macionis, J. (2006). Sociology. Eleventh Addition. Office of Juvenile Justice and Delinquency Prevention. (1999). Juvenile Justice: A Century of Change. Washington DC: Office of Juvenile Justice. Retrieved 05 May 2010. Siegel, J. (2002). Intermediate Sanctions and Community Corrections. Retrieved 05 May 2010. Read More