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Reducing the Inmate Population - Assignment Example

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As the paper outlines, a perfect solution for a problem of reducing the inmate population with implications that are unforeseeable could only be a combination of several integrated alternatives. This seamless amalgamation should be based basically on the magnitude of the crime and the genre of the case…
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Extract of sample "Reducing the Inmate Population"

Reducing the Inmate Population Description A perfect solution for such a problem with implications that are unforeseeable could only be a combination of several integrated alternatives. This seamless amalgamation should be based, not solely but basically, on the magnitude of the crime, the genre of the case and its particulars, and obviously on the character of the offender. The magnitude of the crime is gauged according to the implications of the offense and the perspective form moral and legal views. For instance, a land grabber and a murderer could not be incarcerated under the same terms. The murderer definitely affects a larger community. The genre of the case is definitive of the offense since it classifies the crime according to the laws of the nation. A civil and a criminal offense cannot be punished in the same way. A criminal offense will always receive a tougher punishment. Particulars of offense include the circumstances, reasons, and environment of crime. The terms of imprisonment could be lowered, rehabilitation and community service, industrial camps could be implemented, reduction of pre-trial maximum remand period, public punishment, monetary sanctions, day parole, or simple house arrest could suffice (Smit, 2007). The combination of these alternatives should be sufficient enough to cut off a quarter of the inmates. Terms of imprisonment could be lowered in three ways: lowering the requirement for truth-in-sentencing, increasing the Judge’s discretion over sentencing terms, and early release. Early release is only granted an event that the character of the inmate has been upstanding and out of trouble. Judges could also be given more power to make a ruling according to their own wisdom and without favoritism. The imprisonment law requires the correctional centers to subject every inmate to at least eighty-five percent of their sentencing period (Travis, Western & Redburn, 2014). The above law has contributed to the increased population of inmates. The State government should attempt to moderate the truth-in-sentencing requirements. Rehabilitation and community service are currently implemented in several states for drug abusers, drunks, public smokers, first offenders, mental patients, and disturbed kids. Psychotherapy can be utilized alongside the two methods to ensure the offender is reintegrated back into the society as a fit citizen. Day parole and house arrests may be similarly effective as they allow the incarcerated to keep contributing to society positively through either teaching, studying, trading or spending. Both these clusters allow the supervisors to keep a close eye on the offenders. Industrial camps could be implemented under the strict guidelines of the constitution. These camps will basically be production and manufacturing parastatals that provide employment to the incarcerated youth for minimum wage and perhaps housing infrastructure nearby (McGrew & Hanks, 2017). This will allow them to continue living and earning, hence contributing to their wellbeing, economy, and revenue. Reduction of pre-trial maximum remand period could be the easiest option to spot but it has great barriers, example, the fact that people will prefer to remain remanded till the law enforces their release hence many unsolved cases. Again, within the confines of the law, public punishment like corporal punishment, by choice accompanied by a reduced sentence would be a great solution. Monetary sanctions are effective against corrupt and financially powerful members of the community. A mega-scandal should not be punished by a jail term but by instant confiscation of the property, reversing the theft, and freezing assets for charity or rehabilitation purposes that are actually undergoing. Drug lords and illegal importers could have their goods held or destroyed depending on the contents of the containers. Poachers’ booty is burnt in many countries as a warning to others. (Essays, 2013) Theoretical Perspective and Implementation Research on contemporary penology has proven the effectiveness of the combined solution. Most of the researchers, however, have often broken down the solutions into separate clauses, which weaken the potential power of the act. To begin with, industrial camps, an almost unresearched or unpromoted solution, would be the most appealing. This is because it shall be offered as a choice to the offender, without compulsion of any sort whatsoever. The workers shall receive wages and they shall serve under probation during the period. These wages, however, should be minimum pay constitutionally allowable to distinguish crime from career (McGrew & Hanks, 2017). All proceeds from the company should go into social welfare and wages. During this probation, a repeat offender will be liable for imprisonment. This solution is most appealing since it will allow the offender to remain in society and reshape their traits. If it is accompanied by counseling and training, one may graduate with new skills. Pre-trial remand has been reduced effectively in some countries. Alternative methods are affordable bails, unconditional release or in-house remand (Smit, 2007). The unconditional release may be guided by either an order to appear on a specific day and time in court, to refrain from interfering with justice, engaging in any particular warranted conduct, districts and locales of zoning that should be maintained, distance from specified persons, to report daily to supervisor, court or police and accept its monitoring. Passports and other documentation are sometimes confiscated. Accounts may also be temporarily held by order of the court. (Essays, 2013) Lowering the terms of imprisonment for inmates could be done if they demonstrate desirable behaviors. For instance, credit for good behavior can be utilized as a means of reducing the prisoner’s sentence. The government should introduce various rehabilitation programs, where the prisoners can have their length of sentencing reduced after participating in them. Individuals who complete a degree or diploma can be released from the prisons prior to the expiry of their sentencing period. The sentencing reduction option will benefit both the females and the males. Any individual displaying good behavior can have his or her sentence reduced. The individuals will have time to join the community and interact with family members. The young individuals can benefit from the education programs in the prison setting. First offenders in court do not necessarily have to face trial but the judge could reprimand or put them on probation. (Smit, 2007) Monetary sanctions still remain a favorable way to ensure the economy keeps going. Rehabilitation and community service will ensure the offender is kept in check at all times. U.K., among several other nations, uses this method for most cases to reduce the need of incarceration while providing the much-needed services like picking of litter and it is always effective. Disadvantages of the solutions that have been proposed are the incurrence of extra cost. The government will have to pay the workers and facilitate them for their labor. The disadvantage for lowering the truth-in-sentencing is enhancing the tendency for the inmate to re-offend. For instance, Philadelphia decided to release the inmates who were charged with non-violent crimes. Nevertheless, a number of them were arrested due to re-offending, committing crimes like rape, arson, murder as well as drug possession (Stasa, 2015). Another disadvantage is that the released inmates can pose a great threat to the residents if the officers do not screen them well before the release. When judges reprimand only, there is a tendency to re-offend, and such is the case when a minor case is thrown out. However, pros outweigh cons, whichever way the points are viewed. The Human Rights Inmates are entitled to rights to life, protection, and freedom to self-expression. All inmates, with exception of those at pretrial, are entitled to the right to be free from inhumane treatment. This includes disembowelment, beheading, public dissection, burning at the stake, and, but not limited to, quartering and drawing. The inmates have a right against sexual crimes or harassment. Neither guard nor fellow inmate should harass an inmate. Offenders of this nature are sanctioned by both civil and criminal penalties. They have a right to complain about the conditions of their prison and a right to access the courts. Disabled prisoners have the right to reasonable accommodations according to Disabilities Act. They have a right to medical and mental health care along with rights against discrimination. In addition, they retain the first amendment rights, that is, free speech and religion. This remains so as long as it does not inconvenience ether inmates or does not become a nuisance. (HG, 2018) Inmates legally lose their rights to privacy and wages after incarceration. The solution provides an alternative that ensures the generations of the inmates are partially secured either by affording education or through the minimum wages. It will also allow the inmates to feel like they have contributed to the society as retribution for their sins thus provide a source of hope. Each clause of the ultimate proposed solution allows the inmates to resume their normal livelihoods without creating a crisis in the society or uproar thereof. It is also clear that none on the inmate’s rights are tampered with negatively. (Smit, 2007) Gang affiliation, Violence, and Radicalization The proposed solution, given a span of 5 years, will most definitely reduce gang affiliation by up to 30%, violence by over 50% and radicalization by 20%. Radicalization is especially hard to get rid off because of the attitude of the society towards inmates. The advantage of the solution is to create a niche in the employment sector for inmates, thus ensuring they remain valuable members to the society and therefore change the perspective of society towards all inmates. Gang affiliation will be cut down by a quarter because as more opportunities present themselves for reintegration with the society, so will the youth desire more and more to be upright and outstanding in a bid to qualify for parole or early release pardon. Violence, on the other hand, may not be as easy to control with incentives. This is because emotions cannot be corrupted but they can be manipulated. As the inmates are kept busy at work, in the community and must attend counseling, the emotional angst may be reduced. This reduces the chances of offenses whilst in prison. Scholarly Article Review and Summary The U.N publication provides an in-depth view of the methods that have been proven most successful (Smit, 2007). It has not given any proposals on the future means of punishment, but it does enable a derivation of traits that indicate the success of the implemented strategies. In summary, as the pros outweigh the cons, the ultimate proposed solution should be tried and the research should be documented for future application. If it works as effectively as initially thought, it should be implemented. References Essays, UK. (November 2013). Different Alternatives to Imprisonment Criminology Essay. Retrieved from https://www.ukessays.com/essays/criminology/different-alternatives-to-imprisonment-criminology-essay.php?vref=1 McGrew, A., & Hanks, A. (2017). It's Time to Stop Using Inmates for Free Labor. Retrieved from https://talkpoverty.org/2017/10/20/want-prison-feel-less-like-slavery-pay-inmates-work/ Smit, D. (2007). Handbook of basic principles and promising practices on Alternatives to Imprisonment CRIMINAL JUSTICE HANDBOOK SERIES. Retrieved from http://www.unodc.org/documents/justice-and-prison-reform/crimeprevention/Handbook_of_basic_principles_and_promising_practices_on_Alternatives_to_Imprisonment.pdf HG (2018). Retrieved from https://www.hg.org/legal-articles/do-inmates-have-rights-if-so-what-are-they-31517 Read More
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