Pages

Sunday, November 27, 2016

criminal justice and the aspects of the system

The questions that arise when deliberating over our criminal justice system are very complex and complicated, yet it's crucial for us to reach a conclusion as to what's best for our society.  The very essence of what we are concerned with as a nation are addressed in how we maintain our criminal justice system.  When the masses are polled the answers greatly vary about which issues are the concerns for our system.  People's ideals vary as greatly as their opinions on which aspects of the system need addressed.  What remains constant is the strong emotions that each feels for their ideas. This demonstrates what a volatile, heartfelt issue this is that we are discussing.

What is the purpose of the criminal justice system in relation to those found guilty of crimes?  Here are a few concepts.

Punishment
This idea supposes that criminals are "childlike" individuals whom can simply be punished into submission.  To some it seems absurd that hardened criminals who perpetrate atrocities such as rape or murder can be shamed into submission or even remission.  However, to someone who believes in second chances and forgiveness, this seems quite possible.  Under the assumption that punishment is the goal, these questions can arise.

  • Does the purpose of punishment seek revenge?
  • Should each punishment fit the crime, or is incarceration one size fits all?
  • Should stiff, severe, drastic actions serve as a consequence for infractions?
  • Is punishment a "learning tool" used as you would upon a child simply sent to his or her room for a duration of time intended to prevent future misbehavior?  

Restitution
This concept is quite easily rebutted.  There is no time length, time sentenced, or restitution disbursement that can compensate for the heinous behaviors of some of our criminal element.  It would seem preposterous even to try to assess monetary value to the pain, suffering or loss of life or sentimental property and trying to would constitute an insult to victims and their families.

Rehabilitation
The most argued point of the criminal justice system is the concept of rehabilitation and its achievability. This is because rehabilitation is hardly ever truly achieved.  Statistics show that the recidivism rate of criminals released from the justice system is astronomically high. Research suggests that the only time recidivism decreases is when two factors are simultaneously occurring; first time juvenile offenders who are also participating in the boot camp program.  When both of these factors work in unison, recidivism rates nearly disappear totally.  The reason cited for this is that the longer a person is incarcerated, the more accustomed he or she becomes to living in the lifestyle garnered by the system. Hence, the more impressionable, vulnerable, and younger the criminal is, the better his or her chances of being positively affected by the program become.  The extremeness of the program works favorably to produce the lasting effects of rehabilitation.

Conformist
The funniest thing about humanity is that although the criminals can't seem to conform in society, they conform quite easily to the brutality and structure of being incarcerated.  They have their own code of honor and guide rules that they implement and follow.

Corporal
Corporal punishment has been argued for years as to its necessity, excessiveness, cruelty, effectiveness and even its ultimate purpose.  Some say it serves as a deterrent to those criminally inclined, while others say its only purpose is vengence.  There has been instances where inmates have been exonerated of charges after having been executed. Some contend that if just one innocent life is lost then the system has failed because even one is too many lives lost, and therefore, we must eliminate this form of punishment completely.  Others totally support the death sentence and feel in certain circumstances, anything less than a death sentence is not justice.

Vengeance
Many feel vengeance should be the singular purpose of our criminal justice system and feel we fail greatly by not being more harsh in our punishment of criminals.  Some argue that enacting vengeance should be strict, severe, and dealt with no sympathy or considered with extenuating circumstance.

Deterrent
Some feel that the threat of being vulnerable to our criminal justice system should be enough in itself to prove as a deterrent to commit crime, but obviously this is a fallacy of reason.  There are so many individuals that have no fear of our system and so they never even question the consequences of their actions.  Some feel they will never be caught because we have an incompetent system. Others may believe they will never be charged because they possess an ability to outwit the system. Still more may even consider imprisonment a well played joke resulting in free room and board.  Whatever the case may be, it is obvious many aren't deterred, and it is not possible to determine how many are.  

With regard to "White Bear," I don't agree that anyone would ever be comfortable with the idea of a theme park-based prison designed with the purpose to torture individuals as a form of entertainment for others. It would raise the question, "Who is the real monster?" Would it be the criminal for his or her actions, or us for our reaction to his or her crime?

No comments: