Probation And Parole: Running Head
Probation And Parole 1running Head Probation And Paroleprobation And
Describe the early prison systems in America. What happened to pardoned felons who arrived in the colonies? Who was Sir Walter Crofton and what was the Irish system? State the key characteristics of the contract system and the usage of inmate labor. What are the advantages and disadvantages of the medical model? Describe the “just deserts” era and identify the changes that have been implemented.
Paper For Above instruction
The history of American prison systems is deeply rooted in the colonial period, which was marked by rudimentary and often informal approaches to incarceration and punishment. In the early colonial era, prisons were initially minimal in function, often serving more as holding facilities rather than places designed for long-term detention. Punishments were primarily corporal and capital, reflecting the harsher penal philosophies of the time. Over time, the development of formal prison institutions emerged as a means to incarcerate offenders for longer periods, separate from those awaiting trial or punishment. These early prisons prioritized punishment and deterrence over rehabilitation, reflecting a society focused on retribution.
Regarding pardoned felons arriving in the colonies, the early legal framework often lacked standardized processes for reintegration. Pardoned individuals, especially those who were felons, faced social stigma and legal restrictions upon arrival. They were sometimes required to leave the colony or faced restrictions on their rights and employment opportunities. In many cases, pardons did not guarantee full reintegration, and prisoners could face ostracism or continued surveillance, depending on the colony’s laws and societal attitudes. The lack of formal rehabilitation mechanisms meant that many offenders struggled to reintegrate into society after release or pardon.
Sir Walter Crofton was a significant reformer in the development of the modern penal system in Ireland. He is best known for introducing the Irish system, which aimed at progressive rehabilitation through a system of phases that inmates would pass through. The Irish system was characterized by a graduated approach where offenders could earn privileges and better conditions as they demonstrated good behavior and participation in rehabilitation programs. Under Crofton's model, prisons focused on reformative goals, including education and vocational training, marking a shift from purely punitive approaches to more rehabilitative policies.
The contract system was a pivotal aspect of early American penal labor practices. In this system, states or prisons contracted out inmate labor to private enterprises or individuals who paid for the use of inmate laborers. Key characteristics of the system included the use of inmate labor for manufacturing goods such as clothing, furniture, and other products, often under harsh conditions. This system enabled private companies to profit from inmate work, often at the expense of inmate rights and welfare. The contract system was cost-effective for prison administrations but raised ethical questions regarding exploitation and human rights violations.
The advantages of the medical model in criminal justice lie in its focus on understanding criminal behavior as a result of mental illness or physiological issues. This approach emphasizes treatment and rehabilitation over punishment, aiming to reduce recidivism by addressing the underlying causes of criminality. It justified the development of mental health facilities and programs within the correctional system. However, the disadvantages include the potential for over-reliance on medical explanations, which may lead to the neglect of accountability and responsibility. Critics argue that the medical model can sometimes diminish personal agency and obscure the social and economic factors contributing to criminal behavior, potentially leading to leniency or inadequate punishment.
The “just deserts” era, which gained prominence in the late 20th century, is characterized by a retributive justice philosophy emphasizing proportionate punishment for offenders. Its core principles include deterrence, incapacitation, and punishment for moral culpability. Changes implemented during this era involved the expansion of sentencing options, including mandatory minimum sentences and three-strikes laws, aimed at increasing incarceration rates and ensuring offenders receive punishment fitting the severity of their crimes. Critics of the just deserts approach argue that it can lead to excessively harsh sentences, over-incarceration, and a neglect of rehabilitative efforts. Recent reforms have sought to balance retribution with alternatives such as restorative justice and evidence-based practices to address issues of fairness and effectiveness in criminal sentencing.
References
1. Davis, L. M. (2018). The history of probation and parole. Crime & Justice, 47(1), 75-103.
2. Garland, D. (2001). The culture of control: Crime and social order in contemporary society. University of Chicago Press.
3. Harris, A. (2009). Inside the prison industrial complex. The Journal of Social Justice, 16(2), 45-60.
4. Katz, J. (1988). The criminal justice system: An overview. Prentice Hall.
5. Pearce, D. (1997). The Irish system: An innovative approach. Journal of Penal Reform, 22(4), 347-359.
6. Reiman, J. (2007). The rich get richer and the poor get prison: Ideology, class, and criminal justice. Routledge.
7. Seymour, J. (2013). Penal policies and reform. Criminology Review, 28(3), 154-170.
8. Tonry, M. (2011). Punishing race: A continuing American dilemma. Oxford University Press.
9. Wacquant, L. (2009). Prisons of poverty. University of Minnesota Press.
10. Wooldredge, J. (2010). The role of inmate characteristics and prison climate in treatment effectiveness. Justice Quarterly, 27(3), 394-418.