Punishment Research Paper

Crime and punishment has been around for centuries but has changed throughout the years. Over the years, many programs have been tested to achieve maximum punishment. However, what works for some people will not always work for others. Because each person is different, the consequences of punishment and justice should also be different. Effectively dealing with criminals has proven to be a challenge; the criminal justice system varies throughout the country for this very reason. The criminal system has four ways of justifying the crime with punishment: retribution, deterrence, rehabilitation, and societal protection.

Multiple options for punishment exist so the punishment can fit the crime and the criminal. No single option deters crime more effectively than the other. Often times, a variety of punishments must be used to deter crime to be effective. Punishment is society’s solution to the injuries it suffers through crime (Mojolaw, 2011). The high rate of recidivism would make one believe the criminal justice system does not work effectively. Many jails and prisons are housing thousands of criminals, many of which have committed crimes in the past after being released. Some jails, prisons, and criminal justice systems are testing new procedures and programs to reduce recidivism.

Retribution or Revenge

According to Pinel (2009, p. 184), “Governor George Ryan claimed his state’s judicial system was flawed” and reduced all death row inmates to lesser sentences. Retribution is one of the oldest known justifications of punishment and one of the harshest. Revenge for punishment and justice can elicit moral conflict. An ‘eye for an eye’ is not always the answer for most crimes committed. L. Ron Hubbard stated, “Killing a man was not justice, but merely a type of revenge; it was not a solution” (Criminon, 2004). Many of the states in America still have the death penalty, 38 to be exact. However, prisons provide short-term societal protection from the criminal. Imprisonment strengthens criminal bonds and social ties, leaving the inmates more likely to re-commit crimes once released. Other options, such as deterrence and rehabilitation are being tested for recidivism rates.

Deterrence from Crime

According to Mojo Law (2011), “Deterrence’s purpose in punishment is to prevent future criminal activity by virtue of unpleasantness of crime’s consequences.” There are two kinds of deterrence: individual or specific deterrence and general deterrence. Individual deterrence or specific deterrence is to convince the criminal that crime does not pay with the punishment of a specific law given by the local criminal justice system. Criminal justice systems vary in severity and punishment from state to state so, the deterrence to the general public does not always work well. General deterrence uses the criminal as an example to others to not commit such crimes. Inconvenience, discomfort, humiliation, and pain are used as deterrents to commit crimes. In order for deterrence to work effectively the individual must know the laws of the state and know what the punishment is and how tough it will be. Unfortunately, the laws are too complex for an individual to know these details. The punishment depends on the jurisdiction and social class of the individual.

Restraint from Society

Simply removing a criminal from society can prevent crimes committed by the individual for a short time but what occurs while incarcerated can determine if the criminal will re-offend or not when released. While many jails and prisons hold criminals for a determined amount of time, waiting for the time to pass and hoping the criminal learns his or her lesson is essentially creating a ticking time bomb waiting to explode when released into society. With more than 80,000 inmates in solitary confinement, many more are entering with less space and less tolerance (Solitary Confinement, 2010). Confining criminals in less than humane environments is detrimental to our society. The criminals are learning nothing; they are behaving in similar fashion with anger, frustration, and confusion. Separating individuals from families, friends, work, and education teach nothing but fuel hate, revenge, and psychological illness.

California is one state that has the largest prisons filled with the most criminals, many on death row, which is trying a new program to rehabilitate their offenders. According to the California Department of Corrections & Rehabilitation (2011), “Criminals are given access to basic education and drug treatment programs; basing programs on evidence-based practices to reduce recidivism, and capturing the skills of inmate and volunteers to augment the capacity of rehabilitative programs.” Many new programs are beginning to take hold in the overcrowded prison system all over the country. Many of these programs teach criminals academic and vocational skills while assessing the risk one poses to society for re-offending.

Rehabilitation into Society

A new non-profit organization, Criminon International, is entering the prison systems, juvenile detention centers, jails, and other criminal justice departments. Criminon International is “working to restore public safety and sane values, assisting local, state, and national level jails and prisons as well as the offenders” (Criminon International, 2009). Programs address drug education, anger management, character building, life and thinking skills, ethical behavior, thinking skills, communication skills, and parenting skills, as well as numerous other rehabilitation programs and classes. This new way of thinking can be credited to L. Ron Hubbard and his philosophical views and beliefs. Teaching inmates values, dignity, respect, self-worth, and integrity empower the individual to make a valuable impact upon society as a productive and respectable citizen of the community. Educating criminals with morals and values can help prevent crime and reveal the true reason for criminality.

Societal Protection

According to Criminon International (2009), “Criminon has been proven workable at all levels, from teenage gang members to adult inmates on death row, and has recently come to the forefront in criminal rehabilitation across the world.” The recidivism rate for offenders is only two percent, compared to the national average of over eighty percent of re-offenders. Currently, taxpayers are paying for inmates to learn nothing but sit and wait for their time to get out of jail and likely re-offend. Instead, the taxpayers should be paying their money to educate inmates with the hope of rehabilitation and societal protection.

Similar to L. Ron Hubbard’s views of criminality, Norway largest prison also aims to rehabilitate their inmates, many of which are drug dealers, murders, and rapists. The design of the largest prison in Norway “…looks as much like the outside world as possible” (Adams, W.L., 2010). Norway has another way of viewing their criminals, building them up and giving them confidence through work and education. Staff and inmates have a strong relationship; guards do not carry weapons and they routinely interact with the inmates on a social level. This closeness decreases aggression and allow for transformation to take place. Family is encouraged to visit, the cells look more like dorm rooms then a prison. Twenty percent of offenders return to Norway’s comfortable prison.

Traditionally, crime and punishment went hand in hand with the most severity of punishments for a crime. Many crimes were prosecuted on the spot in front of the victims and other members of society. When the death penalty became less of a public event and more of a punishment for the criminal, the justice system started using restraint for the criminals. Removing criminals from society creates only temporary satisfaction and feeling of safety. Many criminals who are isolated from the general population endure detrimental physical and psychological damage. With prison systems overcrowding with offenders, the criminal justice system must look at other ways of lowering the crime rates. Rehabilitation for offenders is the next step to creating a compassionate society. For rehabilitation to work effectively, the offender must be assessed for risk and recidivism. The offender must learn of his or her own self-worth and morals for rehabilitation to be effective.