Question: “In spite of the many policy failures we have recounted, we remain convinced that diversion and decarceration are desirable and achievable goals”.
Critically evaluate the effectiveness of community forms of punishment in the context of these stated goals.
Answer: The simple truth is that prisons do not work, either as effective punishment or as a means of ensuring the safety and stability of the community. Of the primary functions of prison – incapacitation, punishment, deterrence, stigmatisation, and rehabilitation – only incapacitation cannot properly be achieved by alternative methods. Prisons fail to rehabilitate because their structure and lack of effective programs subverts the rehabilitative ideal. Punishment may make us feel better, but it has no tangible effect on criminal behaviour and moreover, the debilitating conditions of prison may actually increase crime by releasing people even less equipped to deal with their society than when they entered. Even the incapacitation justification seems only marginally convincing. Less th......(short extract)
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Details: - Mark: 71% | Course: Criminal Law | Year: 2nd/3rd | Words: 2550 | References: Yes | Date written: April, 2004 | Date submitted: October 13, 2008 | Coursework ID: 28
