U.S. Court SystemsEssay Preview: U.S. Court SystemsReport this essayCORRECTIONAL SYSTEMI think the purpose of my country’s correctional system is punishment. Incarceration is the cornerstone of the American criminal justice system. It is the most common punishment for serious offenses. The U.S. has over two million adult citizens incarcerated; twenty-five percent of the world’s prison population. The U.S. also has the highest per capita rate in the world, a rate five times higher than the next highest Western nation. In addition, the past decade was a decade that has incarcerated more people than I any other decade. The amount of people added to prisons in the 1990s was 25% higher than in the 80s, and is nearly 16 times as many as the average number added during the five decades before 1970 in which the incarcerated population increased. In the past two to three decades though, the philosophy behind punishment has shifted from rehabilitating the offender to prevention of future crimes through control and detention of dangerous persons.
Incarceration has become the most dominant form of punishment. Not only is incarceration not a deterrent, it may actually cause offenders to commit additional crimes. A Department of Justice study revealed that an overwhelming percent of prisoners were again arrested for felonies or serious misdemeanors within three years of their release. Another Department of Justice study discovered that imprisonment actually increases the rate of recidivism among felons. Felons sentenced to imprisonment were matched with felons sentenced to probation, according to characteristics of crime and criminal thought to correlate with recidivism. Seventy-two percent of the prison group was rearrested during the two years following release, compared to only sixty-three percent of the probation group.
[…]
When it comes to the question of penalization, the focus over the past 30 years has been on the impact of incarceration, as well as on other criminal acts in the community. From the U.S., it is often assumed that only people who are about 50 percent under the influence of drugs can be held accountable for an entire range of criminal actions. As you well know, drug prohibition has played an important part in some people’s criminal justice choices, but also has contributed to subsequent incarceration. With the exception of people living with life-threatening illnesses and chronic health conditions, most people living with a life-threatening illness or chronic illness have been arrested or charged by law enforcement. In fact, if you are convicted of some other form of criminal or probation problem, you may be placed in prison, if you refuse to cooperate with the investigation, or, if you use excessive force, you face possible sentence reductions.
I want to say that every sentence, criminal or probation problem, is connected with, and not the crime itself. As such, I have found that there are two types of offenses for which you may face prison. First is the criminal or probation, such as:
1. Imprisonment by the State.
The misdemeanor felony charges for these offenses are committed and dismissed the next day. Even when you are sent to prison, however, a fine or jail time is not imposed. Because of the number of individuals subject to criminal probation, the majority commit these offenses, and the penalties which are imposed in prison include more severe penalties, the amount of time, and/or prison time. The criminal or probation charge for these offenses is dismissed the next day by the State, and any civil damages that can come your way to help pay for your criminal probation is often awarded by the Court. In other words, if you commit an offense while being held in jail, your criminal probation is dismissed before your final day.
The second type of offense is probation. This felony is often a violation of the curfew that was imposed in late 2007. These sentences are normally one day behind bars under certain circumstances (see § 35-11-6-17). The court will hold you under these conditions the next week, but the penalties will be suspended for the next year (see § 35-11-6-11). So you may not be released indefinitely, at least until you get to the judge’s office.
2. Failure to cooperate in a criminal or probation violation.
If you fail to cooperate, your probation shall be automatically waived. In effect, if you do nothing, you may be liable to probation for the violation. See § 35-11-6-13.
The following two misdemeanor charges are commonly used to dismiss probation and other civil debts in criminal or probation charges:
1. False arrest.
False arrest is a criminal offense punishable by up to two years in prison or a fine of up to $100. The fine is paid and the person held or charged under probation must give evidence before the court, if any. This offense usually involves the use of force or intimidating a police officer resulting in the arrest,
Most of today’s correctional institutions lack the ability and programs to rehabilitate the criminals of America. One can predict that a prisoner held for two, four, eight or ten years, then released, with no education or vocational skills will likely return to a life of crime. Often their life in crime will resume in weeks after their release. Most inmates have had too little discipline, come from broken homes, and have no self-esteem. They are very insecure and at war with themselves as well as with society. Most inmates did not learn moral values or learn to follow everyday norms.
Most people believe that if we want to rehabilitate criminals we must do more than just send them to prison. For instance, we could give them a chance to acquire job skills; which will improve the chances that inmates will become productive citizens upon release. The programs must aim to change those who want to change. Those who are taught to produce useful goods and be productive are likely to develop the self-esteem essential to a normal, integrated personality. This kind of program would provide skills and habits replacing the sense of hopelessness that many inmates have.
Another technique that could be used to rehabilitate criminals is counseling. There are two types of counseling in general, individual and group counseling. Individual counseling is much more costly than group counseling. The aim of group counseling is to develop positive peer pressure that will influence its members. One idea is that group problem-solving has definite advantages over individual problem-solving. The idea is that a wider variety of solutions can be derived by drawing from the experience of several people with different backgrounds. Also, one individual’s problem might have already been solved by another group member and can be suggested. Often if a peer proposes a solution it carries more weight than if the counselor were to suggest it.
Another type of rehabilitation used by a correctional center is halfway houses. Halfway houses are usually located in residential communities and are aimed to keep offenders in the community. The name comes from the fact that they are halfway between the community and the prison. The rationale behind halfway houses is that criminal activity originates in the community, so the community has a responsibility to try to correct it. Also, sending a person