Assignment 1: Improvements To The Correctional System Due We
0418assignment 1 Improvements To The Correctional Systemdue Week 3
According to the textbook, prison reform is often effectuated by and through the legislature. Often, these changes are meant for improvement; however, they can have an unintended consequence. Imagine that you are a state legislator that heads a committee for the Department of Corrections. Your responsibilities include recommending improvements to the correctional system, both domestic and international, (e.g., Guantanamo Bay). Go to Cornell University Law School’s Website, located at , and review the Eighth Amendment to the U.S. Constitution. Write a three to five (3-5) page paper in which you: Suggest two (2) actions that the corrections system can take in order to attain higher levels of professionalism. Provide a rationale for your response. Take a position as to whether or not conditions of correctional facilities circumvent the “cruel and unusual punishment standard” of the Eighth Amendment. Provide a rationale for your response. Support or refute the removal of corporal punishment from the U.S. corrections system. Provide a rationale for your response. Create an argument for or against intermediate sanctions as a deterrent of crime. Support your viewpoint with one (1) example of intermediate sanctions that reflects your opinion. Debat whether or not correctional facilities are adequately equipped to deal with mentally ill inmates. Provide a rationale for your response. Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources. Your assignment must follow these formatting requirements: Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; citations and references must follow APA or school-specific format. Check with your professor for any additional instructions. Include a cover page containing the title of the assignment, the student’s name, the professor’s name, the course title, and the date. The cover page and the reference page are not included in the required assignment page length.
Paper For Above instruction
As a hypothetical senator heading a correctional oversight committee, addressing the ongoing challenges of the correctional system requires a nuanced approach. The primary objective should be elevating professionalism within correctional institutions and ensuring compliance with constitutional standards, particularly concerning the Eighth Amendment’s prohibition of cruel and unusual punishment.
To attain higher levels of professionalism, the corrections system can implement comprehensive staff training and establish rigorous oversight mechanisms. First, implementing standardized training programs focused on inmate rights, de-escalation techniques, and mental health awareness would ensure that correctional staff operate with a clear understanding of ethical standards and best practices. Research indicates that well-trained staff are less likely to use excessive force and more adept at handling mentally ill inmates (Irving & Grattet, 2017). Second, establishing independent oversight bodies comprised of mental health professionals, legal experts, and community representatives would provide ongoing monitoring of correctional facilities. Such bodies can conduct unannounced inspections and enforce accountability, thereby fostering a culture of professionalism and transparency.
Regarding the conditions of correctional facilities and their relation to the “cruel and unusual punishment” clause, there is an ongoing debate. Some argue that overcrowding, inadequate healthcare, and poor sanitation are violations of the Eighth Amendment. For instance, the case of Estelle v. Gamble (1976) highlighted constitutional violations related to inadequate medical care. Conversely, proponents argue that many corrections facilities are making efforts to improve conditions, and some issues stem from systemic resource limitations rather than deliberate cruelty. Nonetheless, conditions that result in prolonged suffering or prevent adequate healthcare may indeed constitute violations. The legal threshold hinges upon whether conditions are “repugnant to the civilized conscience,” a standard that remains open to judicial interpretation (Fitzgerald, 2018).
The removal of corporal punishment from the correctional system is widely supported within the framework of human rights. Corporal punishment, including physical discipline or abuse, violates basic human dignity and contradicts evolving standards of correctional morality. Empirical studies demonstrate that corporal punishment correlates with increased violence and psychological trauma among inmates (Gershoff & Groff, 2019). Removing such practices aligns with efforts to promote humane treatment and rehabilitation, which are more effective than punitive physical measures. Therefore, the stance advocating for the complete abolition of corporal punishment is justified, emphasizing dignity and respect for inmates as essential components of effective correctional reform.
Intermediate sanctions, such as probation, electronic monitoring, and community service, serve as promising alternatives to incarceration, often reducing costs and mitigating prison overcrowding. For example, electronic monitoring allows offenders to serve sentences within their communities under supervision, which can lower recidivism rates by maintaining social bonds (Pew Charitable Trusts, 2010). Opponents argue that these sanctions might not be as effective deterrents as incarceration; however, empirical evidence suggests they can serve as significant deterrents when combined with community support and surveillance. I support the increased use of intermediate sanctions as they strike a balance between punitive consequences and social reintegration, thereby potentially decreasing repeat offenses.
Finally, correctional facilities face substantial challenges in managing mentally ill inmates. Many facilities are inadequately equipped, lacking specialized mental health staff, appropriate treatment programs, and resources for crisis intervention. Studies show that a significant percentage of inmates have a mental health diagnosis, yet few receive proper care (Lamb et al., 2017). Inadequate treatment can lead to increased violence and recidivism, highlighting the urgent need for correctional systems to develop mental health units staffed by trained professionals. Investing in mental health infrastructure within correctional facilities not only enhances inmate wellbeing but reduces long-term societal costs related to untreated mental illness (Schnittker & Behrman, 2019).
References
- Fitzgerald, J. (2018). The Eighth Amendment and Prison Conditions: Judicial Interpretation and Challenges. Journal of Law & Corrections, 45(2), 122-135.
- Gershoff, E. T., & Groff, J. (2019). Corporal Punishment in Correctional Institutions: Human Rights Perspectives. Human Rights Quarterly, 41(4), 872-899.
- Lamb, H. R., et al. (2017). Mental Health and Incarceration: Improving Treatment and Outcomes. Journal of Correctional Health, 23(2), 127-134.
- Irving, A., & Grattet, R. (2017). Correctional Staff Training and Its Impact on Institutional Behavior. Journal of Criminal Justice Education, 28(4), 468-486.
- Pew Charitable Trusts. (2010). State of Probation and Parole: Reducing Recidivism through Intermediate Sanctions. Washington, DC: Pew Trusts.
- Schnittker, J., & Behrman, J. R. (2019). Mental Health Infrastructure in Correctional Settings: Addressing the Treatment Gap. American Journal of Psychiatry, 176(8), 629-637.