Sunday, January 5, 2020
The Punishment Mechanisms Of Probation And Parole Essay
The punishment mechanisms of probation and parole developed from different social circumstances, which were driven by the need for alternative means to imprisonment. The creation of the mechanisms for probation can be linked to the moral panic caused by the excess consumption of alcohol and the increased amount of alcohol-related offences. In contrast, the development of parole was the result of the systems at the time, failing to deliver the expected results. This essay will outline the different origins of probation and parole, and discuss how the original purposes have evolved to accommodate the constant change in the criminal justice system. Probation is an alternative to the traditional forms of punishment that a court can impose, and is influenced by the background of the offender (Klingele 2013,1022). It will include the offender being released on certain conditions, in which they will need to comply. The origin of probation can be traced back to the actions of Matthew Davenport Hill, Frederick Rainer, and John Augustus. Although their contributions are similar, each contribution was significant in creating the basis for probation. In Britain, the first documented development of probation occurred from the actions of the Warwickshire magistrate. The Warwickshire magistrate enacted legislation in the 1820ââ¬â¢s that allowed for certain minors to be released to a guardian as an alternative means to imprisonment (Harris 2005, 32; Vanstone 2004, 35). However, it was theShow MoreRelatedA Summary On Collective Corrections 1530 Words à |à 7 Pagesin conduct that is considered wrong occurs in various forms. They vary from incarcerations, fines, corporal punishment as in the case of Sharia laws while others hope that fate or karma will even out the score. Whichever method is used it is hoped that a punishment will be meted. In traditional systems in the United States of America dealt with incarceration as its main form of punishment or offenders. However, statistics in the recent times have indicated that most convicts offend and get backRead MoreThe Factual United States Criminal Justice System1434 Words à |à 6 Pagescompared to the six percent stating it is too tough. Individuals within the sixty five percent were found to believe too many criminals go free on technicalities, too many appeals are allowed, most convicted criminals are not given severe enough punishment, and lawyers tend to spend too much time finding technicalities to get criminals released. Contrary to these many popular beliefs which are falsehoods given to society , the criminal justice system proves to be the opposite. Many times, theRead MoreThe Harshness Of The United States Criminal Justice System1567 Words à |à 7 Pagespercent stating it is too toughâ⬠(Newport, 2014). Individuals within the sixty five percent were found to believe too many criminals go free on technicalities, too many appeals are allowed, most convicted criminals are not given severe enough punishment, and lawyers tend to spend too much time finding technicalities to get criminals released (Newport, 2014). Contrary to these many popular beliefs which are falsehoods given to society , the criminal justice system proves to be the opposite. Read MoreThe Incarceration Of The Correctional System910 Words à |à 4 Pagesthe management, supervision, and rehabilitation of convicted offenders. These mandates are often carried out through incarceration, probation, or parole, while prisons are the most popular correctional agency in America. Prisons in America were among some of the first public buildings established in the New World. Early prisons were not considered ââ¬Å"houses of punishment,â⬠but were rather referred to as temporary holding cells. The history of U.S. prisons from the late 1700s to the late 1800s was markedRead MoreRape And Burglary As A Post Incarceration Supervision1730 Words à |à 7 Pagesand burglary as strikes for purposes of imposing a life sentence without parole (Sutton, 2013). Mandatory minimums take away the discretion of the judge in sentencing. These officials are bound by statute to place offenders behind bars. Because these statutes are put into place, the judge is not allowed to hand down alternative punishments, nor do they give them the opportunity to prescribe treatment or a change to rehabilitate. Such laws also hold racial discriminatory factors (USSC, 2011). DeterminateRead MoreThe Goals Of Criminal Sanction1253 Words à |à 6 PagesThe four main goals of the criminal sanction in the United States are retribution, deterrence, incapacitation, and rehabilitation. Carried out through incarceration, intermediate sanctions, probation, and death are goals of the criminal sanction. Penal codes differ if the permitted sentences are indeterminate, determinate, or mandatory. Each sentence has an assumption about the criminal sanction. Judges consider discretion in fashioning sentences for factors of the crime, the offenders aggravatingRead MoreOperant Conditioning in the Criminal Ju Essay2660 Words à |à 11 Pagesthe use of reinforcement which is given after the desired response (McLeod S. A., 2007). There are four different contexts or types of operant conditioning: positive reinforcement, negative reinforcement, positive (or response-cost) punishment, and negative punishment. The last three of these are all associated with aversive control wh ile only one, positive reinforcement, is associated with positive control. Thus, researchers can distinguish between two variations of the model, a positive one andRead MoreThe Sentencing Practices And Probation System2329 Words à |à 10 Pages The Sentencing Practices and Probation From my standpoint, sentencing laws and the probation system are issues society struggle with today. The government usually lacks on amount of time and funds towards incarcerate criminals. The unintended of parole is multifaceted than ever. Situations like this concentrate on offenders focusing on lack of dissuasion. Viewing on a positive note this is more of a motivational approach where itââ¬â¢s enabling rehabilitation completely to parolees. Society facesRead MoreThe Punishment Of Prison System825 Words à |à 4 Pagesthe citizenry. Initially, prisons were designed as penitent- punitive in nature. This approach aims at issuing punishment to offenders or seeks retribution from those who are involved in serious crime. It involved incarceration and flogging offenders as a way of suppressing unwanted behavior (Morris and Tonry 79). This is meant to reform minds of the offender through inflicting punishment and scare potential criminals from committing crime. However, this approach may fail to achieve its objectiveRead MoreRisk And Governmentality By Michel Foucault1151 Words à |à 5 Pagesrates of parolees being returned to prison once indicated program failure, now they are offered as evidence of efficiency and effectiveness of parole as a control mechanism. Besides this, parole and probation are increasingly being perceived as cost-effective ways of imposing long-term management on individuals at risk, whereas for a long time parole and probation have been justified as means of reintegrating the offender into th e community. This new discourse manifests itself also in to development of
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.