Recent orders
Corrections Trend Evaluation
Corrections Trend Evaluation
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Institution
Corrections Trend Evaluation
Introduction
Correctional facilities have been part of the judicial system in many countries for a long time. Their continued existence is a product of the important functions the play in the judicial system. These includes ways that have been defined in law for dealing with criminals and offenders as retribution for their actions and to enable rehabilitation so that they are fit for integration back into the community by the end of the recommended period. Correctional facilities are used in the rehabilitation of individuals who have been caught and tried for breaking a law. The main aim of correctional facilities is to protect the members of the public from dangerous and potentially dangerous criminals who are a menace to the society. It then deals with the offenders to prepare them from re-entry into the society once they have served their time. Institutional corrections facilities are prisons where offenders and criminals are sent, away from the community, for incarceration so as to correct their behavior. They ensure the offenders cannot harm the community by putting them away, usually for the duration of their sentence or until they get paroled, when they are allowed back if they have demonstrated change from their previous behavior. Community based corrections are as a result of these and involve the rehabilitation of the offender within the society. They include options such as probation, community service and fines. In this system, it is hoped that the dominant values express concern for the victim, offender, community and agency (Sieh, 2006). The society has a crucial role to play in the successful and complete rehabilitation of an offender and their eventual integration into the society. This paper seeks to identify the evolution of institutional and community based corrections including expected future trends, as well as issues facing them. Alternate correction systems are also considered as they are an essential aspect of future correctional system that should be integrated in the judicial system.
Institutional and Community based Corrections
The concept of using institutions such as jails and prisons as correctional facilities for offenders became popular in the nineteenth century. Societies, both past and present, that are viewed as barbarous typically maintain inhumane prisons in which inmates have few civil rights (Whitehead, Dodson & Edwards, 2012). During the early times, the main use of these facilities was to detain and control individuals who were disturbing peace. Cells were used to accommodate those detained. However, the needs of the detainee were not taken care of while within the cell. The cells were not well taken care of, and those detained did not get proper care and food (Siegel, 2010). The detainees were released through pardon. During this period, the jails were indiscriminate, and men, women and children were all placed in the same jails. The conditions were still not up to par and those inhabiting these jails were not accorded proper care. As a result of these, there were constant pressures to improve the conditions in the jails and provide proper cells for offenders. An example is the Pennsylvania legislature in 1790 which called for the renovation of the prison system (Siegel, 2010). The result of the law was the rise of modern prisons and penitentiary that served the purpose of housing offenders and criminals. The initial prisons were used to contain prisoners in solitary cells and harsh punishment and silence were used to rehabilitate them. However, the current trend in prisons involves the use of physical and hard labor as part of the rehabilitation process as well as advocating for the rights of prisoners. Prisoners are involved in production of goods and working in the prisons at low wages. In addition, they incorporate information technology in the protection, supervision, time management and collection of biometric data from the prisoners (Siegel, 2010). They assist in easing the procedures and making them more accurate and efficient. Prisoners are housed under better conditions and provided with uniforms and other utilities that they require. Release of the prisoners is dependent on the duration of their sentence, parole and pardon. As the most popular correction system during the late 19th and 20th century, prisons have become quite overcrowded hence compromising their effectiveness in keeping prisoners safe and rehabilitating them.
The federal government and the state continuously experience exponential growth in the prison population yet resources are diminishing as a result creation of alternative form of punishment both prior to and after incarceration is becoming a necessity rather than an alternative (Bandy & Steen, 2007). To addressed the issues that have been brought about as a result of overcrowding in prisons such as reduced supervision as the ratio of prison wardens to prisoners is high, the has arisen a need to explore other correction options within the justice system. Community based corrections are a form of alternative correction systems that have become popular in the recent past. They provide lighter sentences for offenders who have not committed serious crimes under the supervision from officers in the justice system such as parole officers and police officers. Most of these are first time offenders or those who have been given parole from prison as a result of good behavior or other such attributes. Community based corrections come in the form of probations, halfway houses, community services, house arrest, day reporting centers and fines. These are the most common present day trends in community based corrections.
The current issues facing prisons include budget cuts, overcrowding and prisoners’ medical needs especially mental health. With the recent budget cuts for prisons, there are fewer funds for their management. This affects the conditions of the prisons as expenditure adjustments have to be made to accommodate the new budget allocations. As the prisons are already facing pressure concerning the conditions and civil rights of the prisoners, lower funds will make the situation worse. Overcrowding is also a substantial problem as it compromises the safety of the prisoners and the public as well due to the high numbers of prisoners. Prison administrators are not added as required when the number of prisoners increase and hence it is hard to control them and, therefore, more likely for incidents like prisoners escaping to occur. Another key issue is that of medical health among prisoners. In some cases, prisoners with mental issues are put in the same area as the rest of them thereby posing a risk to the prisoners. Mentally unstable prisoners are likely to commit heinous crimes even within the prison walls as they are not in full control of their actions. These issues are likely to continue into the future if not addressed thereby causing major problems within the community and prisons themselves. Prison administrators are also faced with many issues as a result of changes and conditions in the prisons. They include reduced training capacity when dealing with prisoners as well as high ratios of prisoners to prison wardens. It hinders them from effectively carrying out their work as they may not have the right training to deal with certain issues. Training on the current changes in the system and ensuring adequately trained officers are some of the ways in which the issue can be tackled within the prison system.
The use of alternate correctional systems within the judicial system has become a developing trend over the last few years. They include community based corrections that allow the rehabilitation of a prisoner outside the prison. This will contribute to the reduction in overcrowding in the prisons and provide an opportunity for behavioral reforms in individuals with the help of the community. Such alternate corrections will require the use of more supervisors in order to make sure that the affected persons adhere to the regulations set for their community based corrections. “Unemployment, broken families, lack of housing, alcohol and drug abuse, histories of psychological problems and mental illness, domestic violence are realities that are likely to be found in most offenders’ lives” (United Nations, 2006). When these are addressed, some individuals who have been led to commit crimes as a result of the above are likely to become law abiding community members. Alternative correction methods are some of the ways through which issues in prisons can be addressed.
Conclusion
Institutional based correction systems are closely being analyzed to determine whether they are the only adequate ways of dealing with offenders. Due to the current issues of overcrowding which have compromised the safety of the prisoners and the public in general, other alternative systems such as community based corrections are being explored as a way of dealing with offenders of less serious crimes. Community based corrections include half way houses, community service, rehabilitation centers and probations under the supervision of an officer to ensure no conditions set are violated. They allow the judicial system to relieve the pressure of prisons by only sending in those offenders who pose a threat to the community hence reducing overcrowding. More alternative corrections system should be explored to provide opportunities for effectively handling offenders within the judicial systems.
References
Bandy, Rachel & Steen, Sara (2007). When the Policy becomes the Problem: Criminal Justice in the New Millennium. Punishment & Society, 9(1), 5–26.
Siegel, L.J. (2010). Introduction to Criminal Justice. Belmont, C.A: Cengage Learning.
Sieh, E.W. (2006). Community Corrections and Human Dignity. Sudbury, M.A.: Jones & Bartlett Learning.
United Nations. Custodial and Non-custodial Measures: alternatives to Incarceration. Vienna: United Nations.
Whitehead, J.T., Dodson, K.D. & Edwards, B.D. (2012). Corrections: Exploring Crime, Punishment and Justice in America. Waltham, M.A.: Elsevier Inc.
Corrections Past and Present
Corrections: Past and Present
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Institution
Corrections: Past and Present
Punishment in the form of prison sentences, form an integral part of the current United States justice system. The previous system within which the prisons were used to house individuals unable to pay fines, or awaiting trial, if it had been allowed to exist to date, would no doubt have led to a situation in which there was not only overcrowding, but also numerous injustices to those accused of minor crimes (Fellner, 2006). Housing individuals even for very small crimes would serve to perpetuate the labeling theory and serve as an injustice a huge majority. More so considering that concepts such as innocent until proven guilty, which play an integral role in contemporary society would be massively abused, more so if those awaiting trial were held in the same place as those who have been tried and found guilty (Barnes, 1921). The prison system also provides an opportunity through which rehabilitation, and rehabilitative services can easily be offered. Sticking to the old system would not only have brought about a situation in which the prison systems were easily open to undue abuse and easily distorted the main reason behind the concept of denying an individual, or one found to be guilty their rights to freedom. Conversely, the existence of the current systems of incarceration serve two aspects of justice that the old system as it was, definitely would not accomplish: the prison sentences act as deterrents to future criminals, as well as serve to remove the dangerous criminal elements from society, and preventing any further participation in crimes, by the individuals identified to have been culprits (Langan & Levin, 2002). The system as currently exists, also provides an opportunity for the correctional approaches and any rehabilitation engagements to be applied uniformly to the incarcerated individuals.
References
Barnes, H. (1921). The Historical Origin of the Prison System in America. Journal of theAmerican Institute of Criminal Law and Criminology 12(1), 35-60.
Fellner, J. (2006, November 30). U.S. Addiction to Incarceration Puts 2.3 Million in Prison.Human Rights Watch. Retrieved from HYPERLINK “http://www.hrw.org/en/news/2006/11/30/us” http://www.hrw.org/en/news/2006/11/30/usaddiction-incarceration-puts-23-million-prison
Langan, A., & Levin, D., (2002). Recidivism of Prisoners Released in 1994. Bureau of JusticeStatistics.
Responses
Demond J. Lemieux
Demond raises valid arguments that the existence of prison sentences is the only sure way of ensuring justice. Indeed, although the prison sentences meted out to the criminals are usually in order to punish them for their wrongdoing, these sentences also usually serve as deterrents to any such future behavior. While it does follow the principle of retributive justice, it does fall in line with what the justice system mainly aims to accomplish, if due to anything; the simple fact that it removes the criminal elements from society preventing any further engagement in criminal activities as already stated above. Indeed Lemieux’s claim that some rehabilitative programs do not work is very valid, as a huge majority of such programs are hinged on the ability of the perpetrator to seize the initiative and genuinely want to change, a question that is more often than not unsuccessfully pursued.
Christine Morgan
Christine Morgan’s arguments are very succinct and aptly capture the importance of the prison system as it currently is. The current arrangement has served to eliminate the unnecessary use of excessive punishments such as the death penalty, and made punishment proportionate to crimes committed. Morgan also highlights the important role of deterrence that the system plays, not to mention the level of retribution it offers, especially to those who are affected by the crimes committed. She also seems to agree with the main concept of incapacitation, in the sense that prison terms as they currently exist, deny perpetrators the opportunity to commit further similar crimes, as would otherwise be possible in the past, following the payment of fines as would previously be required by law. I therefore, agree with a majority of the arguments posted by Christine Morgan.
CORRECTIONAL SERVICE OF CANADA
CORRECTIONAL SERVICE OF CANADA
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Institution:
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Abstract
The Ashley case turned out to be an outspoken case on inhumane treatment of Canadian mental case inmates after she committed suicide in one of the confinements in attempts to attract attention to the institution’s management. She threw a crab to a mails courier while at 14 years of age and was imprisoned for five years with multiple relocation of charges, which saw her serve her sentences at different institutions in the country.
Discussion
The investigation into the case revealed that in the five years of her imprisonment, she suffered multiple violations to human rights, which included physical abuse, forced medical injections, having duct tape, hooded as well as physical harassment through being sprayed with pepper. As Moore reports, Ashley chocked to death while in prison after the seniors instructed the wardens on duty not to help her. Nevertheless, when investigations commenced on the cause of the inmate’s death, the report shows how the institution avoided accepting the facts of its negligence in handling inmates and this reveals the inhuman spirit dominating the penal system in Canada. The influence of the system comes in even during investigations where initial efforts to investigate the matter are halted prematurely on arguments of controversies and interference. The lawyers of the institutions in many instances motioned the blocking of exhibits presented before the court revealing Ashley speaking. However, this case is not in isolation as the recent past has seen a number of such cases being investigated in the country. This was confirmed by a report by Mr Saper who pointed out to grievous inadequacies over the entire penal system dealing with mental health cases of inmates. He argues that the systems cultivate lawlessness as well as disregard to rights of inmates. For instance, Julie Bilotta is said to have given birth in 2002 in a prison after the prison wardens failed to heed to her call on labor. This in brief reveals how corrupt the system of justice in Canada perpetrates violations to human rights under the coverage of purporting to instill justice and corrective measures within the nation (Moore, 2013).
The mental health functioning in the Canadian prisons is poorly acknowledged as shown by the physical conditions in which the inmates are confined. For instance, deprivation of necessities, isolation from fellow inmates as well as the physical separation from close relations and family are not appropriate conditions to have the mentally ill inmates subjected to. Besides, the prison facilities are often overcrowded, stressful, violent, unpredictable, restrictive and in instances very noisy, conditions that would worsen the cases of mental illnesses for the inmates. Moreover, some of the facilities are reportedly out of service and fails to have appropriate facilities to respond in therapy of such mental cases. It is also shown from the case of Ashley that the prison staff, who are expected to be professional fail in delivery of service to the inmates and create about conflicts of interest. Such conflicting objectives create dilemmas such as treatment versus security, patients versus inmates, control versus assistance as well as hospital versus prison, which are all basic tenets to be taken care of for the sake of effectiveness in handling inmates for correctional purposes (Sapers, 2011).
The foregoing discussion shows inadequacies with the CSC (Correctional Service of Canada) to handle the ever-increasing cases of mentally ill inmates confined within the state’s prison facilities. Through the system shows increased efforts towards reforming the correctional service in Canada, the cases shown above reveals high need to have the reforms for effectiveness and efficiency. Besides, reports show increased number of such cases of suicide of inmates with mental illnesses in the recent past (Perkel, 2013). For instance, the case of Ashley as have been in discussions over a long period shows that there are conflicts of interests between the management and the service delivery towards inmates. Ashley’s death occurred amidst her appeals for help from the prison wardens but who had received an instruction not to attend to her. It should be understood that responding to mental illness needs for inmates is a technical process, which requires special skills and physical facilities. Julie Bilotta’s case shows that the system fails to have appropriate mechanisms to attend to such emergencies, which are expected within confinements of inmates. The wardens on duty overlooked Bilotta’s calls on labor and this shows the increased conflict of interest between human rights as well as corrective systems. It is the responsibility of the prison system to ensure safety and security to inmates, regardless of their physical conditions. Security and safety in this case implies shield against physical torture or mistreatment by the authorities in the prison as well as assurance on matters of health and good living conditions. This insinuates the incorporation of human rights in corrective system in Canada as represented by CSC (Correctional Service of Canada) is poor and as such would need to be addressed. Besides, prisoners are equal human beings and are therefore entitled to such rights as security, food, housing, health, legal aid/representation as well as rights to interactions with other people (though to some restrictions as deemed right by authorities) (“Prisoner’s Rights”,nd).
Women form the most misunderstood and neglected segment in systems of justice and according to the relational psychology as applied in psychologists, women’s offending behavior may result from violations of their rights (Covington, 1998). The case of Ashley’s death reveals offending behavior by the inmate towards the warden, which would be explained through the rational. This therefore is evidence that the CSC has not taken the rational into account while handling the women inmates especially the mentally ill ones.
Recommendations
Effective management of social vices from mental illnesses requires early detection and intervention through such means as medical care right from the society and not necessarily through incarceration. Nevertheless, the inter-sectoral disciplinary agencies and organizations within the justice system need a national strategy, which would coordinate such efforts towards confinement of mentally ill inmates. The strategy would ensure integrity in coordination as well as integration of services accorded to such inmates. The country needs to address such issues that result to stress and in the event raises levels of vulnerability of persons to criminal justice system. This means that a national system to address cases of vulnerability such as drugs and substance use, social marginalization and exclusion among other factors is necessary to aid in management of prison and such correction facilities in the nation.
References
Covington S. S., (1998). Women in Prison: Approaches in the Treatment of Our Most Invisible Population. Women and Therapy Journal, 21(1): 141-155
Moore D., (2013). Ashley Smith case: Time to end ‘the ugly spirit of our penal system’ Retrieved from http://www.theglobeandmail.com/globe-debate/ashley-smith-case-time-to-end-the-ugly-spirit-of-our-penal-system/article7354170/
“Prisoner’s Rights”,(nd). Prisoner’s Rights. Retrieved from HYPERLINK “http://nolegalfrontiers.org/general-information/prisoners-rights?lang=en” http://nolegalfrontiers.org/general-information/prisoners-rights?lang=en
Perkel C., (2013). Ashley Smith inquest: Gaps persist in managing mentally ill prisoners. Retrieved from HYPERLINK “http://www.ctvnews.ca/canada/ashley-smith-inquest-gaps-persist-in-managing-mentally-ill-prisoners-1.1499019” http://www.ctvnews.ca/canada/ashley-smith-inquest-gaps-persist-in-managing-mentally-ill-prisoners-1.1499019
Sapers H., (2011). Mental Health and Corrections. . Retrieved from http://www.oci-bec.gc.ca/cnt/comm/pdf/presentations/presentations20120318-eng.pdf
