Monday, April 6, 2009

Results of Tough Sentences

Below I have included my last paper from my Criminal Law class with my opinion and theory on "Do Tough Sentences Reduce Crime?"

Sentencing Pictures, Images and Photos

Results of Tough Sentences


Innovative philosophies are addressed every day when attempting to provide a deterrence to reduce crime. While some believe issuing tougher sentences with longer incarceration periods deter potential offenders, they fail to recognize what will happen when the hardened criminal is finally released back into society. In all honesty, the deterrence is minimal because majority of the offenders are not expecting to be caught.

Crime would completely stop or be significantly reduced if criminals would realize the “significant risk of being apprehended and punished for their crimes” (Senna & Siegel, 2001, p. 141). By punishing an offender with severe means of incarceration, the state is simply demonstrating what will happen if this crime is committed, in order to control crime. However, if a sentence does not provide a reasonable sentence, the state would then be encouraging criminal conduct. Therefore, sentencing plays a viable role in maintaining crime, but does not play a significant role when attempting to reduce crime.

There are several sentencing options for the various crimes committed, but experts show little or no evidence proving that sentencing can reduce crime. Sentences help victims receive retribution and attempt to make the criminals time spent incarcerated one they will not want to repeat. Most sentences simply remove the criminal from society and from committing additional unwanted activities; much like placing a child on time-out. The Child Development Institute recommends parents place their children in time-out for short intervals of time rather than longer periods. “Children can fairly quickly begin to use their imagination to turn a boring activity into an interesting one” (Child Development Institute, LLC, 2008, ¶ 3). This makes some wonder if longer incarceration sentences are really effective. A question that should be addressed: How long can an adult effectively associate their crime with their time?

Many agree that by making tougher sentences with an emphasis on incarceration, the longer criminals will stay off the streets committing illegal activities. With that said, does anyone stop to think what will happen when these criminals have served their sentencing and are released back into society? The likelihood of criminal offenders being rearrested within three years of being released from prison has stayed relatively the same from “59.6% in 1983 compared to 61.7% in 1994” (Bureau of Justice Statistics, 2002). This shows many that little is being done to help offenders understand what he or she has done is wrong.

In order to lower the recidivism rate, in turn lowering the overall crime rate, constructive rehabilitation in combination with sufficient sentencing needs to be addressed. Another possibility may be to offer rehabilitation instead of harsher punishments, which would completely be dependent upon the severity of the crime. Society has disregarded many criminal backgrounds and resort to phrases like, “he got what he deserved;” but does he really deserve a harsher punishment. Majority of criminals that are sitting behind bars came from low income homes, dysfunctional families, and disorganized neighborhoods. Once the offender is arrested, he or she is then labels as a criminal and automatically put at a disadvantage in the job market, school, and even at home. Therefore, society should be obligated to assist the unfortunate people whose social and emotional skills have been negatively reflected upon, which is often the root cause of the criminal behavior. Currently when criminals are incarcerated the negative behavior that landed them in the slammer in the first place is only reinforced.

If society can prepare the criminal offenders fairly, with rehabilitation while incarcerated, they can eventually be prepared to readjust to society. Best case scenario, the offender will become an effective member of society; by providing a good influence and sharing his or her story with others that may feel like they are at the end of their rope. In conclusion, harsher sentencing will not help reduce crime, but constructive rehabilitation with appropriate sentencing might.


References
Bureau of Justice Statistics, (2002). Percent of release prisoners rearrested within 3 years, by offense, 1983 and 1994 [Data file]. Available from In a 15 State study, over two-thirds or released prisoners were rearrested within three years: http://www.ojp.usdoj.gov/bjs/reentry/recidivism.htm
Child Development Institute, LLC (2008). Guidelines for using time out with children and preteens. Retrieved March 30, 2009, from http://www.childdevelopmentinfo.com/parenting/timeout.shtml
Senna, J. J., & Siegel, L. J. (2001). Essentials of Criminal Justice (3 ed.). Belmont, CA: Wadsworth/Thomson Learning.

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