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Retribution Quick Overview

Retribution Quick Overview

In penology, retribution is a justice theory that considers a proportionate punishment a moral response to crime. Retribution focuses on the satisfaction and psychological benefits that exacting punishments can bestow on the victim of the crime, the close associates of the victim, and society as a whole.
The philosophical approach that supports Retribution can be understood as “letting the punishment fit the crime.” In ancient times, retribution was the guiding principle of legal systems, such as the Code of Hammurabi. However, it is difficult to determine whether or not the punishment is an appropriate response to the crime. Part of the difficulty lies in determining how harsh or severe a punishment should be in order to considered a proper example of retribution.
Although it is generally agreed that a convict in a case of murder should be punished more harshly than a convict in a shoplifting case, the difficulty lies in determining when the level of retribution is appropriate. A criminal justice system based on retribution does not require the punishment to be equivalent to the crime.
Under a retributive system of penology, it is important to determine if the proportion will be determined based on the amount of harm, on the unfair advantage, or the moral imbalance that has developed as a result of the crime that was committed. 
Critics claim that retribution is a poor basis for a criminal justice system due to the maxim that “two wrongs do not make a right.” 

Is It Possible to Preventing Recidivism

Is It Possible to Preventing Recidivism

One of the major objectives of penology is to find ways to reduce recidivism. Recidivism occurs when a repeat offender, or a person who has previously committed a criminal offense, commits an additional crime, even if the second crime is completely unrelated to the original offense. However, recidivism usually develops when an individual commits a secondary offense that is similar to the original offense.
In order to reduce the chance of a repeat offender committing a crime, many jurisdictions have adapted three strike rules in order to make it less likely for a repeat offender from becoming a career criminal. Most often, recidivism develops in conjunction with substance abuse.
It is considered more likely that an individual will become a repeat offender if the patient has been diagnosed with a degree of psychopathy. In terms of recidivism, the repeat offender psychopath is identified by an uninhibited gratification due to criminal, sexual, or aggressive impulses. 
The more important element, however, in identifying is a psychopath is likely to become a repeat offender is if there is an inability to learn from past mistakes. Psychopathic behavior presents an increased risk of recidivism because of antisocial behavior and a pronounced lack of remorse over their actions.
Rates of recidivism are on the rise. According to a 2003 report, nearly seven in ten males will become repeat offenders and return to jail within three years. Part of the problem arises from the fact that a criminal offense can make it difficult to lead a normal life.

Would You Give a Job to a Convicted Felon?

Would You Give a Job to a Convicted Felon?

There may be as many as twelve million ex-felons in the United States of America, meaning that as much as eight percent of the working age population are seeking jobs for convicted felons who have completed their terms of service. In recent years, the Equal Employment Opportunity Commission has considered the Civil Rights Act to mean that before a company is able to bar jobs for ex-offenders, the company must show that there is a business necessity before the employer will be allowed to automatically ban the job for felons. 
Some jobs, for convicted felons, such as health care or education cannot be fulfilled by former felons. Some statutes forbid licensing boards from allowing jobs for ex-offenders, while other boards are required to consider the applicant’s moral character, with a prior conviction being considered a valid indication of compromised moral character.
Some of the professions with licensing requirements that can prevent jobs for convicted felons are ambulance drivers, billiard room employees, physicians, attorneys, nurses, barbers, embalmers, pharmacists, realtors, accountants, septic tank cleaners, and alcoholic beverage sellers. 
However, some states have modified the relevant laws. California, for example, has modified laws saying jobs for ex-offenders can only be prevented if the original offense was related to the qualifications, duties, or functions of the job which they are applying to fill. Texas law takes into account the relationship of the jobs for felons and the original offense, the time since the original activity, and if the person has letters of recommendation about the job.

The 2 Phases of Inmate Resocialization

The 2 Phases of Inmate Resocialization

Re-socialization is a concept of sociological concern that addresses how individuals adapted to operate in a different environment. In a general sense, re-socialization is the process of integrating an individual to operate in a new environment.
Re-socialization develops in two phases. The first goal of re-socialization is to erode the identity of the individual who is being re-socialized. Re-socialization involves taking away the identity and independence of the individual who is being incarcerated. 
Some of the methods that are employed in order to affect re-socialization include forcing the felon to surrender all personal possessions, get uniform haircuts, and wear standardized prison jumpsuits. Identity is further diminished by degrading the felon through impersonal interactions, such as finger-printing and assigning serial numbers to each felon. The serial numbers largely replace the felon’s given name, and becomes the primary method of identifying and addressing the prisoner.
The next step of re-socialization involves building a new, conforming identity for the felon. Assigning the serial number is the first step in this process, since it gives another way to identify the individual. As an individual conforms more closely to the desired behaviors, they may be granted additional privileges. Conformity can gain the felon additional privileges, such as the opportunity to make phone calls or receive visitors. 

How to Create Crime Deterrence

How to Create Crime Deterrence

Deterrence is an attempt to prevent a crime from taking place by creating such severe punishments that it will prevent an individual from committing a crime in the first place. Penology defines the effect that deterrence has on a felon in two categories.
Specific deterrence focuses on the particular felon in particular. This kind of deterrence seeks to prevent the felon from committing an additional crime and based on calculating the gravity of the crime in question.
General or indirect deterrence is the philosophy that is the consequences of committing a felony are very strong, are severe, and are well-publicized, it will act as a deterrent against further crime because it will prevent other individuals from becoming a felon because they will be intimidated by the punishments they know are awaiting them if they pursue a felonious course of action. 
General deterrence operated not by targeting an individual felon and hoping that being given a harsh punishment will help the sentenced felon learn right from wrong, but will instead intimidate other individuals who would not want to be subjected to the same punishments from becoming felons in the first place.
The death penalty is an example of general deterrence. Incapacitation is considered another approach to specific deterrence. The general form of incapacitation is incarceration.
Deterrence has been criticized as being ineffective at accomplishing its goals. The efficiency of specific deterrence has been criticized since it cannot address crimes committed in the heat of the moment or while under the influence. General deterrence has been denounced as making an example out of a criminal, making it unfair to the individual felon. 

Can Rehabilitation of Felons Work?

Can Rehabilitation of Felons Work?

The rehabilitation of felons is a long process that is practiced in penology. A prison that is focused on rehabilitation attempts to see that the felons that enter the prison do not become repeat offenders, and seeks to reduce recidivism, or repeated offenses, by helping the felons who are sentenced to time in the jail to be able to lead a useful life in which they are able to contribute and help both themselves and society as a whole.
Rehabilitation does not seek punitive action against the felon. Instead, rehabilitation seeks, through education and therapy, to allow the felon to enter a more normal state of mind and attitude that would be more beneficial to society and would minimize the harm to society.
This theory of incarceration views the penal system as an opportunity to reform the felon and to rehabilitate the prison in a way that will allow them to more easily reintegrate into society. Rehabilitative punishments that are in accord with this approach include community service, probation, and any sentencing guidelines which call for guidance and after care being extended to the felon after release.
Rehabilitation is one of the guiding principles of the United States Model Penal Code, as seen by the fact that sentencing judges are instructed tat “imprisonment is not an appropriate means of promoting correction and rehabilitation.”
Penal systems based solely on rehabilitation of felons present the challenge that there is not objective methods of rehabilitating individual felons, is limited in efficiency by the original motivation of the felons to commit the crimes in the first place, may be very expensive, and depends on the receptiveness of the individual felon to be rehabilitated.