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Essay: Reforming the U.S. Judicial System to Address the Failure of Deterrence, Reintegration, and Rehabilitation for Prisoners

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  • Subject area(s): Sample essays
  • Reading time: 5 minutes
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  • Published: 1 April 2019*
  • Last Modified: 23 July 2024
  • File format: Text
  • Words: 1,379 (approx)
  • Number of pages: 6 (approx)

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Prison plays a crucial role in our modern society to help uphold the rule of law. It is a facility in which inmates’ rights and freedoms are stripped away. The inmates are forcibly confined under the authority of the state as a result of breaking the law. The roles of prison include reducing the rate of crime by: “incapacitation, deterrence, rehabilitation, social reintegration, and retribution” (NCJRS). However, many judicial systems do not seem to meet these goals which lead to failure in corrections. In response, the U.S. judicial system has room for reform to address the issue of failure of deterring, reintegrating, and rehabilitating criminals to help better our society.

The judicial system needs to satisfy the goals of deterrence, reintegration, and rehabilitation. The concept of deterrence is discouragement. Deterrence has two key suppositions: the first is that particular disciplines forced on guilty parties could keep the wrongdoer from carrying out further violations; the second is that dread of discipline could keep others from perpetrating comparable wrongdoings. A prisoner would not want to commit the same crime because they know the outcome of the punishment. Social reintegration refers to support the prisoner is given during their reentry into society following imprisonment. It includes correctional programs in prison and aftercare interventions as well. Rehabilitation is the rejoining into society of a convicted person and preparing them for a productive life upon release.

The threat of punishment does little to reduce crime. This refers to the effects of deterrence, “the action of discouraging an action or event through instilling doubt or fear of the consequences.” It is public opinion that giving more harsh and severe punishments to criminals will help deter crime. There is a common belief of making a punishment publicly well-known and understood, that the crime rate will diminish, as other member of society will be hindered out from carrying out the crimes themselves. However, studies on deterrence and the death penalty state, “The South, which carries out over 80% of the executions in the U.S., has the highest murder rate of the four regions” (DPIC). Awareness of the harsh punishment did not keep the murderer from committing the sinful act. Crimes are committed because the offender believes they will not get caught. Instead of creating harsher sentences, measures should be taken to ensure that more offenders are caught and prosecuted.

Prisoners should have be given the opportunity to better their lives when freed. Once released, the prisoner will feel helpless after being away from the real world for so long. They will need guidance and support in order to become a successful individual in society. In closed prisons we keep them locked up for some years and then release them, not having had any real responsibility. Norway’s incarceration rate is 75 per 100,000 people compared to 707 people for every 100,000 people in the United States (Sterbenz). In addition, when the Norwegian delinquents are released, they never return. America needs to improve on its focus on rehabilitation. A possible solution would be the federal government lifting the ban on financing college for prisoners. For Norway, removing a person’s freedom is enough of a punishment.  Prisoners should be allowed to apply and be eligible to receive pell grant. Pell grant is a scholarship given to aspiring college students who cannot afford it, an eligibility most prisoners meet. Opponents of the pell grant claim that “it is unfair for those who are incarcerated to claim a share of federal financial aid dollars that are in limited supply” (Anderson).  Many argued that it was a waste of effort and the limited money offered by Pell Grant should get a better use. However, prisoners should have an equal opportunity to further their education to help them in the future. When released, prisoners will need to find a job to help them get back on their feet and support themselves. Research studies has found that “inmates who participated in correctional education programs had 43% lower odds of recidivating than inmates who did not” (Maximino). The person will have a boosted confidence and motivation to keep striving for success. The prisoner will become educated and eventually obtain a stable job. Societies can and do benefit from re-entering inmates whose unrealized potentials have been nurtured.

Crime prevention strategies must address the issue of social reintegration in prisoners in order to be successful. Without strong social and psychological support, criminals have a hard time breaking the common cycle of being released from prison and re-entering in the future. Short-term and extended prison terms do not provide all opportunities for effective treatments and interventions to prevent future relapse into jail. Statistics have shown that “a majority of convicted offenders have at least one prior conviction, either in youth or adult court and, among recidivists nearly one-third have a prior conviction and nearly 75 percent have multiple prior convictions” (Altschuler). In solution, reforms should be made to allow inmates to participate in recidivism reducing treatment programs. Programs should be designed to offer support and assistance to the released offenders. The various programs can improve their focus on the issues of drug abuse, addiction, mental illness, unemployment, and many other social integration challenges the inmate might face. The intention is to help the inmates acquire skills to succeed upon their release back into society. The WOSAP is a Woman Offender Substance Abuse Program that is designed to help and support female prisoners. The program’s objective is to influence the women to make healthy lifestyle choices and incorporate intervention as well. Results of the program have “…demonstrated strong completion rates, increases in participants’ knowledge and skills, and positive participant satisfaction” (Furlong and Grant). Reforming the United States judicial system programs lead to the progression of successful social reintegration.

Many members of our society believe that prisoners are undeserving of reform as a consequence of them breaking the law. However, many convicted people in prison are not bad people. The judicial system is known for having its injustices. There are prisoners in jail who are convicted due to the selling and possession of a now legal substance known as marijuana. So what about those people who have served years in jail for marijuana, when the plant has now become legalized? It is unfair to stop all prisoners from improving their life when not all of them commit the same crime. I believe those inmates should be able to receive more rights, including access to college education. Pell grant could be included in the reparations for the victims of the legalization of marijuana feud. A 2013 study from the National Criminal Justice Reference Service found that inmates who have participated in educational programs had lower recidivism rates than those who did not participate. In addition, the arrest rate for marijuana possession has been proven to be higher for people of color proving the injustice. Evidence has proven that African Americans are incarcerated in state prisons at a rate that is 5.1 times the imprisonment of whites, “In five states (Iowa, Minnesota, New Jersey, Vermont, and Wisconsin), the disparity is more than 10 to 1” (Serrano). Many white people have broken this “marijuana law” but have not been caught due to their privilege. Misdemeanors, as exemplified, should not restrict a prisoner from getting financial help to afford college. Reform can be brought to this issue by shifting certain offenses from felonies to misdemeanors. This can help reduce the incarceration rates on racial and ethnic minorities.

Second chances should be given to returning citizens. Prisoners should be given the opportunity to be successful upon release. It is important to design strong crime prevention programs to ensure a prisoner’s success upon re entry into society. The U.S. judicial system’s goal should be to satisfy the concept of social integration, rehabilitation, and deterrence. Programs, including education, have proven to have effective measures on to prevent relapse into jail. As a member of society, it is important to help our community members avoid recidivism and stop the cycle of failed adaptation to post prison life. Receiving a college education can solve this issue and improve the lives of inmates in many ways. A sense of confidence will be given to them and a boost in motivation. Overall, the U.S. judicial system should be open for reform regarding its inmates.

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