Retributive rationale and Utilitarian Rationale
In retributive rationale, the idea of retribution is to ensure that an act of wrong is balanced in the form of punishment inflicted on the offender (Blackburn, Fowler and Pollock, 2012). It is important to note that retribution does not involve a revenge mission as the people giving the punishment have been given the authority to do so by law. The process of deciding the punishment to be done on the offender requires a certain specific procedure to be followed (Blackburn, Fowler and Pollock, 2012). The victim cannot be granted the power to provide punishment for the offender as this may be against the basic principles of the retributive rationale.
In the utilitarian rationale, the infliction of punishment for a wrong act is justified since it the only way that can bring the greatest good to the majority of people even if the punishment is evil (Blackburn, Fowler and Pollock, 2012). As such, under this rationale punishment can be considered to be wrong the punishment does not achieve rehabilitation or deter further crime from being committed. Punishment if inflicted upon the offender so as to ensure that the society is protected from further harm that may emanate from the individual or other individuals thinking of committing a similar crime.
The retributive rationale is preferable to the utilitarian rationale as it ways of punishment may be more humane than utilitarian. Additionally, the aspects of the utilitarian rationale may not always deter crime and thus may be rendered ineffective.
Restorative Justice and its working
According to The Human Rights Council (2012), restorative justice may entail making the offender account for their actions while at the same time proving a sensible way to addressing the crime done to the victim. The offender normally has to be confronted in such a way they can be able to have a face to face meeting or consultation with the victim. This is the most effective way of achieving justice for both the offender and the victim. Due to the fact that there are arising so many cases of offenders going unpunished over offenses they are guilty of, and many innocent people being condemned for offenses they are innocent about, restorative systems come to close gaps and ensure that justice is served.
In its original form, Gacaca is an informal, community-based, localized system of dispute resolution that has ancient roots in Rwanda, with origins in pre-colonial times. Acting as a "local healing . . . the mechanism that is cheap and accessible," Gacaca's indigenous forums are used by villages' inhabitants as an alternative to the formal state courts to resolve minor disputes arising among them. Gacaca is an expression of the culture and reflects the close-knit nature of rural communities from which it originated. It operates on an informal, ad-hoc basis, through meetings convened whenever the need arises. Gacaca meaning judgment on the grass offers a pragmatic and community-based solution. It is expected to relieve the contestation in Rwandan prisons that are the source of many human rights violations (Human Rights Council, 4 May 2012).
Personal thoughts on restorative justice system
Restorative justice system allows both the offenders and the victim a room to resolve issues and find solutions to the problem at hand. This is because this process allows an even ground for even the presiding judge to look close and search for evidence such as psychological disorders that might have led to the occurrence of the crime. Further, some of the crimes committed always emanate from a point of brokenness deep inside since it allows stakeholders to discuss how they have been affected by the injustice and to decide what should be done to repair the harm.
According to the internet encyclopedia of philosophy, Jeremy Bentham focuses on the Utilitarianism principle, which analyzes actions based on the outcome. The important result is happiness for everyone who is impacted by the act gets. According to him, great deal using most of his life evaluating the law and advocating legal reform. In his work, he critically analysis certain accounts of law that are natural which that claim that the rights and liberties do not depend on creating legal positivism. Over and above these critiques, he maintained that placing his moral theory into practice that is consistent would results in legal theory by giving justification for legal, political and social institutions. As Myers, Klak and Koehl (1996) notes, there are three principal characteristics of which constitutes the basis of Bentham's moral and political philosophy, the first of which is the greatest happiness principle. The second and third principles are universal egoism and the artificial identification of one's interests with those of others.
Inmates Classification and Security Worksheet
What was the positivist school and how would it relate to the medical model? Explain the medical model (make sure you include the history of this concept). (10 points)
The positivist school is linked to the pioneer school of criminology that involves Italian criminologists who include Enrico Ferri (1856-1928), Raffaelo Garofalo (1852-1934) and Cesare Lombroso (1836-1909). They advocate for positivist assumptions. The main argument is that the determination of criminality is based on the outcome of the cause-effect sequence. As such, criminology should focus on searching for the causes. A medical model is adopted by this school where crime is considered as sickness. Hence, there is a need for the offenders’ rehabilitation, professionalism dominance and indeterminate sentences, which are linked to the correction during the decision-making process.
What are the purposes of inmate classification? (5 points)
Classification with reference to the correction facilities means the processes that are included and undertaken to differentiate the various levels of inmates in jail or prison in a manner that the offender’s needs and position are matched to the resources available. Inmate classification as developed and brought to the United States has been underscored with the country’s philosophy of corrections and the correctional facilities. Before the 1870s, correctional facilities were centered and focused on these facilities as centers for punishment and separation of the inmates from the community. However, over time, this outlook has changed and developed to one that focuses on rehabilitation. The main focus of these institutions is reform, a theme that was developed over the nineteenth century. Further, the principles and pathological outlooks of the offenders and inmates has been included and incorporated into the classification of the various levels of the correctional facilities. ideal
What are some objectives of inmate rehabilitation? (5 points)
The program of prisoner’s rehabilitation focuses on the reformation process, which ensures that prisoners stop committing crimes. Such assists them in gaining normal lives that are not linked to criminal activities. It is this rehabilitation that assists in decreasing the number of criminals that face jail sentences. Consequently, offenders are assisted in getting a normal life from the jail process. Further, criminal rehabilitation assists in solving the problem of overcrowding in jail because there are few individuals that return to jail.
An effective prisoner rehabilitation program should also focus on providing the best services to the society. There are beliefs that prisoners never reform. However, a survey of the same indicates that prisoners reform and are able to get to their original normal life. In the program of reforming the criminals, faith plays the major role. Religious organizations ay also provide programs that foster rehabilitation. Prisoners meet these organizations regularly, and clergies provide them counseling and religious teaching. Self-improvement includes those offered by religious groups, Alcoholics Anonymous, and the Jaycees.
Work programs; some institutions require work while others make it voluntary. The prisoners and be of service in areas such as food service, maintenance, laundry, and clerical and industrial work. Education programs, such as GED, ESL, and confidence-building courses. In addition, many institutions offer college courses. Vocational training in many of the same industries offered through the work programs. Inmates learn how to manufacture furniture, make sausage, landscape gardens and this changes from institution to institution. Inmates understand that failure to show progress will prevent an early release. In addition, all of these programs help inmates manage time by giving them ways to occupy themselves, help the institution achieve control over inmates, and are used by staff as leverage in punishment, rewards, and early release
Distinguish classification for management and classification for treatment. (5 points)
Classification for management is the allocation of positions and responsibilities for the sake f the management of the facility and the positions in the facility. However, this is not the only approach that is considered in the effective management of the correctional facilities and the correctional system. For the treatment and management of these facilities, the facilities and the systems are divided into classes that can be easily used in terms of departments and operational sections.
What is subjective classification and how does it compare to the objective classification systems? (5 points)
Subjective classification is a classification system where the experience of the administrators plays a significant role in the decisions that are made. Subjective classification has been applied in early times in different state jurisdiction in the initial days of development of the correctional system in the country. The decisions to house and accommodate the inmates were left to the officials and the management of the system. This trend is not fully neglected, and aspects of it are still visible and operational, even if it is at smaller rates. For example, applying overrides provides an avenue for the correctional personnel to vary classification levels based on certain policies that have been developed by the agency. The proportion of overrides may range between 5 and 15 % of the inmates cases that have already been classified. This presents an indication that it is important to develop a marriage between standard evaluation on the objective front and the expert judgment afforded the personnel trained in classification.
The three main or fundamental aspects of this criterion of classification are introduced by the idea that it is not only highly reliable, but it is also approved and tested using research developed empirically. Under this approach, the main strength lies in the presence of expert personnel who have undergone appropriate training to enable them to carry out classification duties. Among their responsibilities, the changes to an inmate’s custody level are recommended. Finally, every single decision that is based or includes classification is not only documented, but they are also carefully stored and scrutinized for investigation and inspection. The corrections department in California alongside the Federal Prisons Bureau have been classified and the pioneers that employed the objective classification approach and systems prior to 1980. Most of the states in the country have either partly or completely implemented the same approaches and systems.
What are internal classification systems? (5 points)
Internal classification systems indicate systems that focus on complementing the former objective custody systems. As such, the aim is giving the best programs and housing plans intervention, which are linked to the facility of inmates that have a common level of custody. Hence, they focus on program assignment and intra-institutional placement. As the inmates’ population continues to increase, the need for internal classification is increasing over the years.
Explain the importance of the following procedures that is used to maintain security and order in corrections institution: (15 points)
This is a move that allows the authorities to keep track of the statistical details and information around the inmate development and management. While it is difficult to lose an inmate, frequent and unexplained delays can be precursors to potential problems within correctional facilities (Broomhall, 2003).
Searches of inmates:
Searches of inmates are essential since they are made in order to keep them and other members of the public safe and with the sufficient relevant knowledge. These searches are done in order to provide the knowledge of these individuals and the impact they would have on the interactions with other people.
Restrictions of on inmate’s communication such as mail, phone calls, and visits with friends and family members:
Restriction of communication is very important since it can reduce the inmate’s contact with the outside world and afford him the chance and opportunity to rethink his actions and life on the outside. Further, some criminals in correctional facilities are notorious for continuing their illegal activities on the outside. Therefore, if communication and contact with the outside are closely monitored and restricted, there is a better chance of reducing these instances.
What are the elements of a successful program? (10 points)
The correctional facilities, as the name suggests, are meant to change the behavior of the people who are sentenced to terms. However, many people, both in the facilities and those who run the facilities are meant made to believe that the facilities are meant to punish those in them. This trend is seen in the presentation of the sentences such as life imprisonment, which do not allow the prisoners tie to be integrated back into the community to ensure that the behavior of the individual has changed. In this regard, I feel that there should be no sentence that inhibits the prisoner or perpetrator of a crime to be reintegrated into the community after serving his correctional term (The United Kingdom Government, 1967). This means that the justice and the correctional system should not only be advised to ensure the correction of behavior, but it should also change the sentencing to be tailor made towards every individual. This will ensure that the system achieves its intention and objective of a system that achieves the correctional intention as intended.
Blackburn, A. G., Fowler, S. K., & Pollock, J. M. (2014). Prisons: Today and tomorrow. Burlington, Mass: Jones & Bartlett Learning.
Human Rights Council. (4 May 2012). United Nations human rights council “Genocide in Rwanda”. The United Human Rights Council.
Myers, G., Klak, T., & Koehl, T. (1996). The inscription of difference: news coverage of the conflicts in Rwanda and Bosnia. Political Geography 15 (1), 21-46.
Broomhall, B. (2003). International Justice and the International Criminal Court: Between Sovereignty and the Rule of Law. Oxford, UK: Oxford University Press.
The United Kingdom Government. (1967). Criminal Justice Act 1967. Retrieved October 19, 2013, from The National Archives: http://www.legislation.gov.uk/ukpga/1967/80/section/13/enacted