Punishment and Modern Society - Coursework Example

PUNISHMENT AND MODERN SOCIETY and Punishment and Modern Society Introduction Imprisonment can be described asthe withholding of an individual’s freedom against their will. This can take place either through lawful means (that is, legally sanctioned captivity) or without authority. The latter is punishable by law and perpetrators are liable to end up in prison as well for such an act. The question of whether imprisonment is an illegitimate institution has risen in the last few years as society views differ on how punishment should be meted out or if it is even necessary or is there a better solution (Williams, 2000). The societal dilemma that has resulted from this is due to the high esteem in which freedom is held. Freedom has become a global born right and is considered a precious commodity so to speak. However, the existence of prison can also be viewed as what can be termed as a necessary evil. Its evolution over the ages is connected to a number of needs that is required from a successful society and thus it cannot be ignored (Brown, 2009). The question of whether imprisonment is an acceptable means of society is associated with other social developmental needs as well such as, what are the preferred solutions alternative to imprisonment and whether they are practically applicable to today’s modern society. One could argue over the success of imprisonment over the years, but the fact remains that there needs to be a solution to those who would cause disharmony in a social setting (Brown, 2009). The continued existence of people who break the law means that there will be a continued need for a means of control. Despite this, there should also be a focus on the structure of prisons and whether there is a need of for reforms within the system. The judicial system would play a huge role in any reformation activity as they are directly connected to the prison system. Society and Imprisonment As man continued to evolve over the years, the emergence of societal groups has played a huge role in their development to where the world is today in terms of civilization. The need for people to come together in the various activities of survival allowed the world to flourish into what is now a largely globally connected community (Brown, 2009). These instincts of survival have been kept in place throughout time and as the world continued to develop so did the societal groups into numerous categories that stretch across the world’s population. A major requirement for the formation of any society is the need for a collective understanding. This understanding could be expected and at times in unspoken terms such as courtesy (politeness is not asked for outright but is viewed as the appropriate expression when dealing with other individuals), or could be a voiced/recorded agreement that is binding to those living within the society (Oshinsky, 2010). This understanding acts as a means of keeping peace and unity within the society; therefore, a lack of it would lead to confusion and divides between people (Anghie, 2003). The result of this confusion and the rise of divides within the community plays against the unity, and eventually peace that was the original objective. As the world continued to develop this understanding has been enforced through various means such as law enforcement, the judicial system, and imprisonment. Rules have been put in place by different societies and individuals living within these societies are expected to abide by them. The inclusion of an established set of guidelines within a group of people ensures that there is order among the individuals in that group. The existence of order allows for harmony to flourish between those groups of individuals, harmonious existence is essential for any successful community (Oshinsky, 2010). The laws and regulations guiding any society are made available to the public through different means such as the internet, publicized notices and media related sources such as television and radio. This is in a bid to ensure that every individual is capable of enhancing their awareness on the regulations that have been put in a place so as not to differ from societal requirements. As a result of the efforts to ensure that the laws are available to the public, ignorance is not an acceptable argument in a case for innocence by those who break them. The Existence of Repercussions within Society The existence of law and its upholding cannot effectively exist without the existence of repercussions for individuals who break the rules. These repercussions can be seen as an incentive to individuals who may be tempted to break the law of a society (Oshinsky, 2010). These repercussions occur via various means and on different levels depending on the severity of the infraction committed by the offender. They largely occur in the form of punishments and are given in both formal and informal settings. A minor infraction such as the lack of courtesy could result in dissociation from the society as punishment. Though such societal infringements cannot be strictly termed as law, they are nonetheless expectations that have been put in place and as such, there are repercussions for those who may fail to meet these expectations (Anghie, 2003). The nonexistence of repercussions for individuals who break the law set by the government would complicate the maintenance of peace. Without punishment, a large number of individuals would potentially take advantage of those in a weaker position than themselves. This would take society in a backward trend taking them back to the era of no civility or unity amongst them. The main tool for the upholding of laws is control and without repercussions related to certain activities, there can be no control. The Impact of Imprisonment and Prison Reforms The question of whether prison is illegitimate or not can only be answered fairly through the observation of its intended effect (which is, to maintain law and order) and its levels of success. The prison system has been criticized for a great number of personal violations over a number of years and this is one element that weakens its position on its requirement (Herman, 2001). There are a number of problems within the prison system that need to be addressed such as the violation of individuals’ human rights that have been reported in a large number of these institutions. Cases of physical and psychological abuse of inmates within prisons have gone far and beyond the legal boundaries of an individual’s punishment. Such acts of abuse have been declared illegal but there has been what can be perceived to be a lack of intensity by the relevant authorities to uphold these laws. The lack of urgency in the banishment of the ill-treatment experienced by some inmates could be as a result of the public image of prisoners by society. Those who have broken the laws of a community are viewed in a negative manner by the majority of individuals who have maintained the established collective agreement earlier discussed in society (Herman, 2001). This results to a lack of concern for such individuals that emanates in their treatment by others on a personal and collective level. A large battle in the reformation of the prison system lies in changing the negative view of individuals within it held by society, without undermining the severity of its image. This is in a bid to ensure that offenders are still accorded the rights that have not been legally withheld from them. It should be noted that the key aim of the prison system is not punishment, but the reformation of legal offenders so as to allow them to integrate better into society. The need for imprisonment has developed from simply acting as a means of separating lawbreakers from the rest of society, to concerning itself in the rehabilitation of the individuals within the prison system (Herman, 2001). These added efforts of rehabilitation can be seen in the educational programs that have been included within the modern prison system. Individuals who have been incarcerated are now given the access to information that would potentially assist them in the future. This information is delivered in the form of lessons on different trades such as carpentry which one could use to make a living once they have served their sentence (Herman, 2001). Inmates are now given the opportunity to finish their formal education as well. Official certificates are offered to prisoners who choose to take these courses allowing them to improve their personal record with regard to employable skills in the job market. The addition of these programs is combined with leisure activities in low-level prisons such as sports activities between the inmates at regulated time. Many established countries such as the United States and various regions in Europe have a television within most prisons afforded to the inmates at allocated times. Such steps exhibit positive progress in the steps towards prison reforms but a lot more will need to be done before the state of the prison system can be declared socially acceptable in all relevant categories (Herman, 2001). It should be noted that the negative view held by society on individuals who have passed through the prison system, could reflect on the lack of confidence held by a large majority of people on the rate of success experienced by said system. The Role of the Judicial System in the Prison System The judicial system is tasked with the authority of carrying out the laws and regulations that have been set up by the society. Its involvement is absolute and as such it is directly connected to the development of the prison system. Judicious involvement acts as a safety gap to ensure innocent individuals are not unfairly punished. The mantra of democratic societies has been the allowance of innocence until proven guilty (Herman, 2001). Elements such as the right to a fair trial attempt to ensure that individuals handed to the prison system are legally in the wrong and deserve the sentence served to them. Individuals accused of breaking the law are afforded the opportunity to plead their case in various settings the most common being in front of a jury of their peers. In all cases, the onus is on the prosecution to prove the guilt of the accused and not for one to defend their innocence upon an already negative bias. The statute ensuring that every individual is officially innocent at the start of any court case negates the potential negative bias earlier mentioned. Conclusion The prison system can be currently viewed as the solely established solution to the maintenance of law and order with acceptable success levels. The need for reforms within the system cannot be ignored however and further effort is required to create a successful rehabilitation program for law offenders. The existence of the problems within the prison system, however, should not strengthen the stance of illegitimacy on account that there is a possibility for improvement. These improvements added on to the original structure of the prison system would potentially enhance the success of these institutions. The main focus of this topic lies in the development of existing systems in a bid to improve society as a whole. This is done through the restructuring of prisons as a means of punishment to a means of rehabilitation (Williams, 2000). Society’s view of the prison system should also be addressed with regard to their confidence in their abilities. The change of society’s stance on the prison system to one of support and belief in the success of these institutions would improve the social dissociation experienced by former inmates as well. Works Cited Anghie, A. 2003. The Third World and international order. MartinusNijhoff, Leiden. Brown, M. 2009. The culture of punishment. New York University Press, New York, N.Y. Herman, P. 2001. The American prison system. H.W. Wilson, New York, N.Y. Oshinsky, D. 2010. Capital punishment on trial. University Press of Kansas, Lawrence, Kan. Williams, M. 2000.Capital punishment. Greenhaven Press, San Diego. Read More