The goals of retribution, incapacitation, deterrence, rehabilitation, and restoration are all primary goals of those within the criminal justice system. In sentencing individuals charged with specific criminal actions the philosophic principles that such decisions are based upon should be considered. Through the use of methods such as fines, probation, imprisonment, and death the criminal justice system has utilized a variety of measures in order to more effectively enact justice. These measures have, furthermore, been broadly adopted in relation to the financial, social, and international context that the criminal system was established within. Concerns such as the impact that these decisions have on recidivism, victims, and social well-being present the need to establish alternatives to the ways in which these offenders are penalized within the criminal justice system. The development of alternative and innovative sentencing options have been considered due to the practical implications of such measures. The need to develop punishments that best fit the crimes committed present the most important aspect of the criminal justice system. This includes cutting the use of prison sentencing for those that have been convicted of minor criminal behaviors as well as establishing methods for those who have been incarcerated to seek options for personal development.
Throughout much of history criminal punishment has been primarily directed at incarceration and penalization for criminal activity. However, in the modern criminal justice system the notion of social responsibility has presented the need to establish new and effective methods to not only reduce the rate of people being incarcerated but also to help those have been put within the criminal justice system find their way out once more. Increasing budgetary constraints as well as growing criminal laws have put a tremendous amount of pressure on the criminal justice system. In developing ways to help criminals work their way through their incarceration the system can be made more efficient. Many experts have begun to utilize “evidence-based approaches to decrease the prison population without causing a substantial increase in the crime rate” (Demleitner, 2009, p. 1). In tracking, assessing, and evaluating criminal behavior the way in which sentencing is carried out can be made more efficient. One of the most effective ways of doing this is to limit the amount of people that are jailed due to minor criminal offenses. This is due to the fact that sending people to prison can actually have the effect of increasing the level of criminal behavior that people who previously did not have such a background might take part in. The way in which prison changes a person psychologically has been criticized as one of the leading factors of overpopulation in prisons today.
Corrections is another important way that sentencing can be more innovative. In developing more effective programs for helping people to overcome criminal behavior prison populations can be further reduced and crime can be more effectively managed within society. The administration of correctional programs has traditionally been viewed as something that people go through after they have served their sentences. However, many are now beginning to go straight to corrections rather than sending people for minor offenses to prison. Furthermore, those that have been in and out of incarceration on various occasions can be worked with in order to ensure that they no longer commit criminal acts. Choosing to place a person on probation or house arrest has been found to be more effective than incarceration in many cases. The individual can still go to work and do not become a drain on the economy. “These sanctions and restrictions can be used in any number of different combinations and judges have considerable discretion in their application” (Caputo, 2004, p. 4). The flexibility of such an approach allows judges and the courts to make more informed decisions regarding the punishments that individuals receive. Incarceration has begun to be seen as too primitive and restrictive to help many that have been convicted of minor crimes. The establishment of punitive and reformative policies has therefore been on the rise. The use of such policies can help to promote a more efficient and effective criminal justice system.
References
Caputo, G.A. (2004). Intermediate Sanctions in Corrections. North Texas Crime and Criminal Justice
Series, No. 4. North Texas Press. 19.
Demleitner, N.V. (2009). Replacing Incarceration: The Need for Dramatic Change. Federal Sentencing
Reporter. Vo. 22. No. 1. 5.
