The expectations that our society has for the criminal justice system is to punish and rehabilitate individuals who commit crime. Punishment and rehabilitation are also two of the four acknowledged objectives of the criminal justice system, with deterrence and incapacitation being the others. In the United States, punishment has always been the primary goal to achieve when dealing with individuals who commit acts of crime. Many theorists throughout history have argued which is more effective, punishment or rehabilitation. The effectiveness of punishment and rehabilitation has been analyzed to see the effects on victims and offenders and also the social and fiscal impact on our society. The Classical School of Criminology has proposed that punishment is used to create deterrence and the Positive School of Criminology uses the practice of rehabilitation to reduce recidivism.
Deterrence
Deterrence is one of the primary goals in the criminal justice system and it is described as special or specific deterrence and general deterrence. The purpose of special/specific deterrence is to instill fear on the offender so that they will not commit future crime. General deterrence is based on punishing offenders to instill fear in society, otherwise known as teaching society a lesson and showing the consequences of committing crime. Punishment has always been imposed based on the idea that it will deter individuals from committing crime or repeating criminal acts. Incapacitation has been the most common form of punishment, however research demonstrates that recidivism amongst convicted felons following release from prison is as high as 63% and that most prison inmates had arrest records and convictions prior to their current offense. (Bureau of Justice Statistics, 1989) Punishment through incarceration is a temporary fix to crime while the offender is confined. The maximum sentence of life in prison and the death penalty has even been debated on whether they are deterrence to crime. There are so many underlying factors within the criminal justice system that may contribute to why punishment has not been as effective as anticipated such as the appeal process in death penalty cases and the length of time that an offender sits on death row.
Others argue that rehabilitation is a more permanent fix in deterring crime. Rehabilitation through community supervision can have a more lasting effect on individuals and deter them from committing future crime if they learn how to adapt in society by gaining academic or trade skills. These programs can help offenders find employment and secure an important role in the community and give them a sense of being. Therapy is another form of rehabilitation needed to help deter individuals from committing future crime. Some examples of therapy include drug therapy to those offenders addicted to drugs and psychological counseling to those offenders who grew up in an abusive household. Rehabilitation is based on creating a change in the criminal’s attitude or resources so that crime is neither a desired nor necessary activity. When an individual is sentenced to probation, it gives them the opportunity to remain self-supporting within the community and not using the taxpayer and states money to house them in a correctional facility.
In many cases, victim rights tend to be overshadowed by the rights of the accused. The courts are obligated to give a defendant their Constitutional rights including the right to a speedy trial, the right to counsel, the right to confront witnesses, and due process under the law. Up until recently, victim’s rights were never recognized as an important role in the criminal justice system. In the past, victims and their families were often treated as inconveniences, ignored throughout trial proceedings, and sometimes even forced to stay out of the courtroom as the proceedings went on. These issues have caused many victims to feel neglected and even re-victimized by the courts. On October 30th, 2004, The Crime Victims’ Rights Act was signed into law by President Bush to guarantee rights to victims of federal crime. These rights include, to be reasonably protected from the accused offender and to receive reasonable and timely notice of any public proceeding involving the crime or of any public proceeding. (feinstein senate.gov/booklets, n.d)
The majority of society, including victims of crime prefers swift punishment to rehabilitation through community supervision. According to the BJS Sourcebook of Criminal Justice Statistics, more than three-quarters of the public see punishment as the primary justification for sentencing. They also report that more than 70 percent believe that incapacitation is the only sure way to prevent future crimes, and more than three-quarters believe that the courts are too easy on criminals. Public opinion supports the increased use of prisons to give criminals just desserts. 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.
Community supervision can also benefit victims in certain ways. When an offender is sentenced to intense supervision through probation, they have the ability to pay restitution through employment.
Other forms of rehabilitation through community supervision may also benefit a victim or their families such as programs such as one that was introduced in my county. The program is a group of victims called the Victim Impact Panel who talk to offenders that are convicted of drunk driving. These individuals are brought face to face with victims and their family members of drunk driving. These programs have high hopes of deterring individuals from committing such acts.
Offender Impact
Punishment through incarceration has many effects on convicted criminals. Incarceration has many effects on the offender psychological well-being. When an offender is separated from their family, it causes severe depression. Supporters of rehabilitation versus punishment argue that sentencing offenders to incarceration hurt the family structure by contributing to single parenting. They also argue 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. Rehabilitation through community supervision eliminates many of these issues, such as the economic & employment factor. Probation allows offenders to remain with their families, continue working or find employment under close supervision.
Drug Courts
There are certain crimes that would benefit from rehabilitation more so than punishment, such as non-violent drug related. Criminals who commit acts of crimes to support their drug habit need treatment more than punishment. In many states, such as New York, Drug courts have been established. Drug courts represent the coordinated efforts of the judiciary, prosecution, defense bar, probation, law enforcement, mental health, social service, and treatment communities to actively and forcefully intervene and break the cycle of substance abuse, addiction, and crime. Drug courts quickly identify substance-abusing offenders and place them under strict court monitoring and community supervision, coupled with effective, long-term treatment services. The National Drug Court Institute describes the process that a participant as an intense regimen of substance abuse and mental health treatment, case management, drug testing, and probation supervision while reporting to regularly scheduled status hearings before a judge. In addition, drug courts may provide job skill training, family/group counseling, and many other life-skill enhancement services. Data consistently show that treatment, when completed is effective and loss more cost effective.
The social impact of punishment and rehabilitation varies from the increasing costs of correctional facilities to the disruption of families to the fear of criminals released into community. Society’s view plays a major role in the criminal justice system. Society’s belief’s in the “just desserts” theory has played a role in the courts. The push for mandatory sentencing has even entered political campaigns in response to the public. “Getting tough on crime” was the basis behind different mandatory sentencing practices. The increase of correctional facilities is also related to society’s impact on punishment versus rehabilitation.
Fiscal Impact
The fiscal impact that punishment has on our country is phenomenal. It has been reported that it costs 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. Privatization of corrections has been also looked at as an effort to reduce the costs of punishment. Many states have also instituted alternatives to incarceration such as “boot camps” or “shock camps. These programs are proven to be less costly than incarceration. The cost of shock incarceration in New York State has been estimated to be $10,000 less per year per prisoner than the cost of traditional incarceration (Punishment vs. rehabilitation: A Proposal for revising Sentencing Practices, September 1991) The use of intensive parole programs has been estimated to save taxpayers an estimated ten to thirteen thousand dollars per year compared to the cost of incarceration.
Overview of Punishment and Rehabilitation
Punishment and rehabilitation are a major part of the criminal justice system and will be effective in controlling crime if there is a way to incorporate the two factors to work together. Punishing and following up with rehabilitation through community supervision can be the source of helping deter crime. Punishment and community supervision should be based on the type of crime. If the appropriate sentence is issued upon an offender, it can help deter them from future criminal activity.
