Criminology: Critique of the Current Rehabilitation Options

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Table of Contents

Introduction
Definition and Origins of Rehabilitation in Prison
Definition of Parole and How It Differs from Mandatory Release
Definition of Probation and How It Compares to Other Forms of Sentencing
Definition and Options of Community Corrections
Critique of the Current Rehabilitation Options
Conclusion
Reference List

Introduction

At present, lots of people claim that the US judicial system is imperfect. Some state that US prisons are overcrowded and consume a lot of funds. There are those who stress that rehabilitation policies are ineffective. Admittedly, there are issues in all these spheres. However, rehabilitation practices are effective when applied properly. To identify the effectiveness of rehabilitation options, it is necessary to consider the peculiarities of these options.

Definition and Origins of Rehabilitation in Prison

Rehabilitation is a set of practices aimed at “restoring” an offender “to a constructive place in society through some form of training” (Cole & Smith, 2007, p. 261). In the first half of the twentieth century (until the late 1960s), it was believed that people could identify the factors that made the offender commit a crime. The major factors, which were taken into account, were social problems (e.g., poverty, discrimination, unemployment, etc.), psychological or biological issues (e.g., mental disorders).

Thus, it was believed that the offender should not be punished; he/she should be “cured” (Cole & Smith, 2007, p. 261). Therefore, various rehabilitation techniques were used to ‘cure’ the offender. However, in the 1970s, this attitude changed. It is now believed that it is difficult (or even impossible) to identify the reason for committing a crime. Thus, it is impossible to work out the effective rehabilitation technique, and, thus, the entire concept is unsuccessful.

Definition of Parole and How It Differs from Mandatory Release

Parole is the release of an offender who can spend the rest of his sentence out of prison (Alarid & Del Carmen, 2012). Thus, the offender can become a part of society. Lots of people consider this to be the most appropriate type of rehabilitation. The offender should fulfill certain conditions. Otherwise, he/she can be sent back to prison. It is necessary to note that this release mechanism is not available for some offenders. For instance, parole is denied to “recidivists or offenders convicted of violent crimes” (Alarid & Del Carmen, 2012, p. 49).

Mandatory release differs from parole in terms of major concepts. Thus, the mandatory release does not depend on the offender’s behavior or plans. The offender is released when his/her sentence is served (Alarid & Del Carmen, 2012). Many people claim that this release mechanism is inappropriate as offenders are often released irrespective of their readiness to become a part of the society.

Definition of Probation and How It Compares to Other Forms of Sentencing

Probation is a form of sentencing which is based on the concept of rehabilitation. The offender is not sent to prison but remains in the society if he/she manages to fulfill certain conditions (Ismaili, 2010). More so, the offender remains in his/her familiar setting (family, friends, etc.). However, there is certain supervision.

The strictness of the supervision imposed depends on the gravity of the offense. As has been mentioned above, the offender should also satisfy some conditions (he/she is not allowed to own weapons, should be employed, can have to perform community service tasks, etc.). This form of sentencing is one of the mildest as it does not presuppose time spent in prison.

For instance, parole presupposes release from prison after some time spent behind bars. Of course, probation is very different from mandatory sentencing as the offender does not serve a sentence in prison in the former case. It is also necessary to note that probation is different from fining as in the latter case, the offender only pays some money and does not have to fulfill numerous conditions common for probation.

Definition and Options of Community Corrections

Community corrections “refers to any sanctions in which offenders serve all portion of their entire sentence in the community” (Alarid & Del Carmen, 2012). People claim that this form of sentencing is the most appropriate as the offender has the chance to repay to the community. Community corrections can be post- and pre-adjudication. Post-adjudication community corrections are imposed after the defendant has been found guilty (or he/she has pleaded guilty).

Pre-adjudication community corrections are imposed before the offender is found guilty. Pre-adjudication community corrections options are pre-trial release, supervision, house arrest, mediation between the victim and the offender, circle sentencing (Alarid & Del Carmen, 2012). Post-adjudication community corrections are probation supervision, parole.

Critique of the Current Rehabilitation Options

Is There a Better Solution to the Current Parole Process?

The current parole solutions are quite effective. Any offender, who has decided to become an effective member of society and is ready to change, has the chance to be released from prison. Admittedly, prison often negatively affects inmates as they are subjected to the influence of jail subcultures and a variety of dangerous interactions. Thus, offenders can understand the gravity of punishment (being placed behind bars) but are allowed to repay to the community instead of being imprisoned.

Furthermore, those who have committed violent crimes and serious offenses cannot be released, which ensures the security of the community. Of course, parole should not be imposed for those who have committed insignificant offenses as such people do not need to be exposed to the prison environment. Parole can be a good option for those who had had some rehabilitation options (community service, fines, etc.) but committed a new crime.

Is There a Better Solution to the Current Probation System?

A current probation system is a good option for contemporary society. It is based on the principles of rehabilitation, and people can repay their debt to the community and start a new life without crime.

It is necessary to admit that the system often fails due to a variety of reasons, e.g., judicial flaws, imperfections within the society, etc. However, if it operates according to the rules set, it is effective. To make the system work, without failures, it is necessary to address such issues as social problems, financial constraints in the country, discrimination, etc.

Are There Better Solutions than the Current Community Corrections Options?

Another effective system is community corrections service. Community correction options are also effective when imposed properly. They can be especially effective with juvenile offenders. Young people should not be exposed to jail subcultures or violence in prisons. However, they should understand that offenses always lead to certain punishment, which can take different forms. Again, there can be imperfections within the system, but they are caused by imperfections within the society.

Conclusion

To sum up, the contemporary rehabilitation options are based on the principles of assistance and guidance. People believe that the offender should not go to prison if the offense is not violent.

People believe that everyone deserves the second chance, and the community can benefit if the second chance is granted. Admittedly, people still commit crimes, but the crimes are often associated with social and economic constraints within society. Therefore, to make the rehabilitation system more effective, it is essential to address the major issues existing in society.

Reference List

Alarid, L.F., & Del Carmen, R.V. (2012). Community-based corrections. Belmont, CA: Cengage Learning.

Cole, G.F., & Smith, C.E. (2007). Criminal justice in America. Belmont, CA: Cengage Learning.

Ismaili, K. (2010). U.S. criminal justice policy: A contemporary reader. Sadbury, MA: Jones & Bartlett Publishers.

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