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Approval of criminal behavior tends to be proceedings of public aimed at humiliating the person and avoiding others from the wrongdoing

January 25, 2019 0 Comment

Approval of criminal behavior tends to be proceedings of public aimed at humiliating the person and avoiding others from the wrongdoing; these are inclusive of the branding, stooping stool, whipping, scorning, and the stocks (Christianson, 1998). At that time the sentence for most wrongdoings was death. Prison inclined to being a habitation where individuals were held up as they waited for their punishment and prior to their trial (Ekirch, 1987). It was hardly utilized in punishing in its way. Everyone inclusive of boys, girls, men and women were locked together in prisons (Christianson, 1998). This period prisons were poorly kept and frequently managed by careless prison warders. People died from diseases like gal fever that is a form of typhus.

In this Era, a prototype correction building was build – the London Bride well. Correction houses were at first part of the Poor Law machinery, anticipated to impart industry habits by prison labor (Alexander, 2012). Many individuals locked in them were minor offenders, tramps and the unsystematic indigenous unfortunate people. Towards the end of 17th century, they were captivated into the system of prisons by local Justices of the Peace con

Description of the participants of the corrections system and their

He assists in controlling, directing and monitoring the movements and activities of inmates Ayers, 1984. He makes sure prison rules are followed, ensuring the safety and security of inmates, staff, visitors and the community Alexander, 2012. As a visitor you will frequently come in contact with Correctional Officer.

Correctional Sergeant

Correctional sergeants supervise Correctional officers and perform custody work, which involves providing safety and security as well as controlling, directing and monitoring the activities and movement of adult inmates Ekirch, 1987. Correctional Sergeants have a variety of duties depending upon where they are assigned Alexander, 2012. Each facility has a public Access or visit Sergeant who generally can resolve issues relating to the visiting process.

Correctional Lieutenant

A correctional lieutenant is responsible for security operations during his her shift and supervises Correctional Sergeants Christianson, 1998. This position manages any response to emergency situations that may arise.

Clothing and bedding

17. (1) Every prisoner who is not allowed to wear his own clothing shall be provided with an outfit of clothing suitable for the climate and adequate to keep him in good health (Ayers, 1984). Such clothing shall in no manner be degrading or humiliating.

(2) All clothing shall be clean and kept in proper condition (Christianson, 1998).. Underclothing shall be changed and washed as often as necessary for the maintenance of hygiene.

(3) In exceptional circumstances, whenever a prisoner is removed outside the institution for an authorized purpose, he shall be allowed to wear his own clothing or other inconspicuous clothing (Blackmon, 2008).

18. If prisoners are allowed to wear their own clothing, arrangements shall be made on their admission to the institution to ensure that it shall be clean and fit for use (Ayers, 1984).

19. Every prisoner shall, in accordance with local or national standards, be provided with a separate bed, and with separate and sufficient bedding which shall be clean when issued, kept in good order and changed often enough to ensure its cleanliness (Christianson, 1998).

Food

20. (1) Every prisoner shall be provided by the administration at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served (Ekirch, 1987).

(2) Drinking water shall be available to every prisoner whenever he needs it.

Exercise and sport

21. (1) Every prisoner who is not employed in outdoor work shall have at least one hour of suitable exercise in the open air daily if the weather permits (Ekirch, 1987).

(2) Young prisoners, and others of suitable age and physique, shall receive physical and recreational training during the period of exercise (Alexander, 2012). To this end space, installations and equipment should be provided.

Medical services

22. (1) At every institution there shall be available the services of at least one qualified medical officer who should have some knowledge of psychiatry(Alexander, 2012). The medical services should be organized in close relationship to the general health administration of the community or nation. They shall include a psychiatric service for the diagnosis and, in proper cases, the treatment of states of mental abnormality.

(2) Sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals (Ayers, 1984). Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there shall be a staff of suitable trained officers.

(3) The services of a qualified dental officer shall be available to every prisoner.

23. (1) In women’s institutions there shall be special accommodation for all necessary pre-natal and post-natal care and treatment. Arrangements shall be made wherever practicable for children to be born in a hospital outside the institution (Ekirch, 1987). If a child is born in prison, this fact shall not be mentioned in the birth certificate.

Due to limitation of pages I shall summarize the rest as medical care shall be adequately provided to prisoners, discipline and order shall be maintained with firmness so as to have safe custody and a well and orderly life (Alexander, 2012)…

No prisoner shall be punished unless he has been informed of the offence alleged against him and given a proper opportunity of presenting his defense (Christianson, 1998). The medical officer shall visit daily and advice director if he considers the termination or alteration of the punishment necessary.

Question Number 5

A detailed description of alternative forms of corrections, including methods of rehabilitation and reintroduction to society.

Prison abolition movement attempts to eliminate prisons and the prison system (Christianson, 1998). Prison abolitionists see the prisons as an ineffective way to decrease crime and reform criminals, and that the modern criminal justice system to be racist, sexist, classist (Ayers, 1984). One of the arguments made for prison abolition is that the majority of people accused of crime cannot afford to pay a lawyer.

Ways of eliminating incarceration could include:
Decriminalization
Abolishing the system of bail
Establishing community based dispute and mediation centers
Restitution ie creating community mechanisms for assuring payment or services by wrong doers to the wronged
Fines
Suspended sentences
Community probation programs
Alternative sentencing

Decriminalization

Process of decriminalization means to wipe certain laws off the books. Crimes considered for decriminalization are those that are victimless (Christianson, 1998). This is defined as offences that do not result in someone feeling that s/he has been injured in a way of impelling him/her to bring the offence to the attention of the authorities (Ekirch, 1987). The essential factor is that there is no victim to bring complaint, three statutes emerge within this definition: moral statutes, illness statutes, nuisance statutes.

Victimless crimes maybe irritating, annoying, or troublesome in general, but they are not really injurious to anyone in particular, they are “crimes” because the law says they are “crimes” (Christianson, 1998). Among those usually sighted are non-commercial gambling, prostitution, “deviant” sexual acts in private between consenting adult, public intoxication, possession, sale and distribution of illegal drugs, “blue laws” against doing business on Sundays, loitering, disorderly conduct and vagrancy, truancy, incorrigible, stubborn or ungovernable behavior

Abolitionists advocate drastically limiting the role of criminal law (Ayers, 1984). It is realized that criminal sanctions are not an effective way of dealing with social problem. There is unjust and arbitrary law enforcement. Powerless persons are imprisoned while powerful persons go free (Ayers, 1984). Blacks and poor people bear the brunt of unequal law enforcement. Morality cannot be coerced through law. A democratic society should tolerate a wide range of individual differences (Alexander, 2012). A person’s right to do what s/he wishes should be respected as long as s/he does not infringe upon the right of others.

Over criminalization encourages the wide use of discretionary power in law enforcement, because there is no complainant, police resort to questionable means of enforcement, investigative techniques used to gather evidence are often immoral and sometimes illegal (Ekirch, 1987). These include entrapment, use of informers, wiretapping, and infringement of constitutional rights such as illegal search and seizure, invasion of right of privacy and self-incrimination (Ayers, 1984). Enforcement of victimless crimes also encourages corruption.

Graft and pay-offs are frequently made by neighborhood numbers rackets and places of prostitution (Blackmon, 2008). Crime syndicates manage to soak up much money flowing through illicit “industries” such as gambling and drugs. Prostitutes are arrested mostly the ones who are black, while most of their victims are white aged between 30 and 60 years thus there is selective enforcement

Abolition of bail

All persons are innocent of crime until proven guilty. No one may be deprived of liberty without the due process of law (Christianson, 1998). The mechanism developed by British society for this purpose was bail.

De Tocqueville clearly saw that the bail system is inherently discriminatory against the poor (Ekirch, 1987). By placing a price tag on the right to freedom before trial beyond the reach of indigent, it makes a mockery of the presumption of innocence and provides the underpinning for the use of the criminal (in) justice systems by the powerful to control the powerless.

Bail has been shown to be unnecessary to accomplish its stated objective of return to court (Ayers, 1984). The costs are paid in three coins: in human suffering by the poor who are its hostages; in money by the taxpaying middle class; and in the erosion of civil liberties arising from the system’s hidden abuses.

In accordance to Hirsch, Adam J. (1992), the beneficiaries are: professional criminals, for whom ransom is a “business expense”; the wealthy, who are protected by a custody system paid for mainly by the taxes of the middle class as an instrument of social control against the poor and dissident; and bonds people, who make their living from the bail system and are pledged to serve that system.

Despite proof that the system of bail is unnecessary to assure court appearances, the holding of hostages continues (Blackmon, 2008). The cost of their incarceration both in economic and human terms is staggering (Ekirch, 1987). Half or more of accused persons are detained in jail pending trial. On a single day, if the system of bail were abolished, upwards of 50,000 pretrial detainees could be released from jail and thousands in the arrest and arraignment stage would avoid the cage entirely.

Bail has been used as an instrument of preventive detention and as a constitutionally guaranteed avenue of pretrial release (Alexander, 2012). There are thus prejudices too much room in the bail system and no defense against, the administration of justice by personal from which no one, including the judge is free. The abolition of bail would expose this hidden agenda and force the development of open and fair rules and judicial accountability.

Community dispute and mediation centers

Mediation centers present a unique opportunity for grass roots involvement in the process of justice and excarceration (Blackmon, 2008). Abolitionists recommend the establishment of such centers in every neighborhood By the use of the moot model where neighbors and kin of the disputants listen to the airing of disputes (Christianson, 1998). It is not coercive and allows the disputants to discuss their problems In an atmosphere free from the questions of past fact and guilt.

Restitution

Payment can be made by the offender for a particular amount of dollars for a particular kind of injury and y amount of dollars for another, as in workmen’s compensation or in tort (Gottschalk, 2006). The lawbreaker then is kept in the community and corrects his/her wrong, corrects discomfort and inconvenience of victim, saves community and individual economic and psychic costs of trial etc., reduces role of criminal law (Ekirch, 1987).

Fines

The poor unable to pay fines systematically filled the jails until a supreme court decision in 1971 ruled that an indigent could not be imprisoned upon non- payment of a fine but must be given an opportunity to pay in installments, the wrong doer is then able to stay in the community, saving the state probation expenses, welfare expenses, and the human costs of caging.

Suspended sentences

Used as a mechanism of establishing responsibility for wrong doing without imposing punishment or any supervisory conditions on the wrongdoer , the defendant loses fewer civil right, while probation is likened to suspended sentence, they differ in that probation carries with it the threat of imprisonment, most variations of the suspended sentence require that no law be violated (Blackmon, 2008). It is the least punitive of a range of alternative sentences.

Probation

It is the most commonly accepted and widely used mode of excarceration (Blackmon, 2008). Though mostly used on non- violent crimes, it has been extended to include other homicides and other serious wrongs which usually result in imprisonment. In unsupervised probation, persons would be under no compulsion to report or participate in programs, but could request for help from probation officers in accordance to Hirsch, Adam J. (1992).

Question Number 6.

A comprehensive list of alternative strategies to incarceration with an assessment, both pro and con, showing their worth as related to traditional, incarceration strategies.

The predominate purpose this question was asked was to illustrate that there are programs accessible and effective substitutes obtainable instead of incarceration. Some of the famous ones used at present will be described briefly.

Development in Early childhood: The Head Start program returns about seven dollars in benefits for every dollar invested (Ayers, 1984). Children born in poverty who attended a head start preschool program have half as many criminal arrests, less likelihood of going to jail, higher earnings and property wealth, and a greater commitment to family than similarly situated people who did not attend the program (Alexander, 2012).

Reformation: Where teenagers will get ways to entertain themselves, by breaking windows and drinking liquor if not by playing ball or some other sport (Alexander, 2012). Parks and recreational opportunities like the Midnight Basketball and late night recreation center openings are proven effective at reducing crime (Alexander, 2012). When a pilot program in Phoenix, Arizona, kept recreation centers open until 2 a.m., juvenile crimes decreased by as much as 50%. The cost of the program was kept low at only sixty cents per person (Ayers, 1984).

Gang Awareness: Kids often turn to gangs because of the absence of pro-social recreational alternatives. Kids also turn to gangs for a sense of being, something they may not be receiving at home (Ekirch, 1987). Parents sometimes do not take enough time with their children to show them their worth at home, giving them a reason to stay instead of roaming the streets. Most often times, gangs are more destructive to property than to human life (Alexander, 2012). When gangs do turn violent, it is most often times directed at “rival” gangs or families of the rival gang members. Gangs are a problem, not just in big metropolitan cities, but also in small suburban towns and rural America. Gang problems must be addressed at the first signs of potential activity.

Society needs to teach children that gangs are not proper places to gain education and experiences, which should be accomplished more effectively in school and at home (Ayers, 1984). Education: Education is the route to better jobs and a potential way out of crime (Ekirch, 1987). In 1991, for the first time in U.S. history, cities spent more on law enforcement than on education (Alexander, 2012).

Jurisdictions around the country are cutting education budgets because they lack sufficient funds, while setting aside funds for law enforcement (Ayers, 1984). 16 Schools that engage parents or caretakers in troubled communities show excellent results. Now, I don’t necessarily agree with cutting back on law enforcement spending (Ekirch, 1987).

References

Alexander, Michelle (2012). The New Jim Crow: Mass Incarceration in the Age of Colorblindness, New York.

Ayers, Edward L. (1984), Vengeance and Justice: Crime and Punishment in the 19th-Century American South, New York.

Blackmon, Douglas A. (2008), Slavery by another Name: The Re-Enslavement of Black Americans from the Civil War to World War II, New York.

Bookspan, Shelley (1991). A Germ of Goodness: The California State Prison System, 1851–1944, Lincoln.

Christianson, Scott (1998). With Liberty for Some: 500 Years of Imprisonment in America, Boston.

Ekirch, A. Roger (1987). Bound for America: The Transportation of British Convicts to the Colonies, 1718–1775, Oxford.

Gottschalk, Marie (2006). The Prison and the Gallows: The Politics of Mass Incarceration in America, Cambridge.

Hindus, Michael Stephen (1980). Prison and Plantation: Crime, Justice, and Authority in Massachusetts and South Carolina, 1767–1878, Chapel Hill.

Hirsch, Adam J. (1992). The Rise of the Penitentiary: Prisons and Punishment in Early America, New Haven

Gottschalk, Marie (2006). The Prison and the Gallows: The Politics of Mass Incarceration in America, Cambridge.

Hindus, Michael Stephen (1980). Prison and Plantation: Crime, Justice, and Authority in Massachusetts and South Carolina, 1767–1878, Chapel Hill.

Hirsch, Adam J. (1992). The Rise of the Penitentiary: Prisons and Punishment in Early America, New Haven

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