The administration of justice Research Essay

The government's department of corrections has a mission to ensure that those who have been arrested, found guilty, and sentenced receive justice through the proper channels. Institutional corrections and community corrections are divisions of the agency. The word "corrections" is also used to refer to the various governmental tasks involved in enforcing penalties against lawbreakers and offenders. Consequently, a penal system is a collection of organizations that cooperate to ensure the application of the laws and regulations set forth by the department of corrections. A penal system is another name for a detention system. To accomplish the objective and examine the problems surrounding corrections, this essay; the research focuses on the history of corrections with a view of the various approaches by era and the participants of the corrections and their role. The paper continues with exploring the issues and impediments surrounding corrections, the rights of prisoners and prison officers as well as alternative forms of corrections and rehabilitation and finally alternative strategies to incarceration.

The History of Corrections system and varying approaches to Corrections by Era

The history of the world is one of the rough seasons after quiet seasons then followed by conflict eras and, in each period of history, the correctional systems kept on changing to accommodate achieved civilizations and new developments. In the ancient times, regulation of penal systems allowed a member of the family’s victim to administer justice to the offender according to their will (Gale, 2005).

The relatives of the criminals would retaliate, and the result was unending blood feuds that carried on generation after generation. The organization of societies into tribes and villages led to the adoption of simple laws that mandated the local community with the responsibility for punishing crimes against members of the tribe. The restitutions were brutal punishments that included but not limited to boiling in oil or even feeding to wild beasts as was the case in ancient Greece.

The invention of writing led to the drafting of lists that stated criminal offenses and their respective punishments. For example, Babylon is considered to be one of the first ancient kingdoms to use written laws such as the Hammurabi law in 1750 B.C (Gale, 2005). The Biblical Law of Moses in another example that adopted written laws for capital punishments for breaking the laws of God as set out in ancient scriptures. The development of empires was inspired by proper organizations of small communities to form orderly systems of governance, and the rulers developed courts that sentenced offenders to slavery in the victim’s family as a way of restitution for the offense. For example, in ancient Egypt, Joseph received a sentence of slavery in Egypt away from his country of Israel for killing an Egyptian officer (Gale, 2005).

The medieval times in Europe administered torture and death using cruel instruments such as racks that stretched a person until their bodies were torn apart. It is also during the medieval era that those arrested were confined and denied basic needs like food until they confessed their crimes. The era of rising of nations had prisoner transportation as a means of punishment. For example in 1500, England transported prisoners to colonial Georgia most of whom died during transportation or due to colonial life (Gale, 2005). Physical punishment was common during the colonial and revolutionary periods especially in America and colonial Africa. Rulers used maiming, flogging, and pillories as forms of punishment.

The current corrections are as a result of reform movements in the 19th century that advocated for humane treatment of prisoners which led to modern day prison systems that have developed over time. For example, the 1787 Pennsylvania System, the Auburn System of 1891 and the Cincinnati declaration of 1870 campaigned for imprisonment of prisoners rather than physical punishment (Gale, 2005)

Participants of the Correction Systems and their roles

The most active participant of the correctional system, just like in any other system, is the government. The government is the primary administrator of corrections, and it also delegates duties to other administrators in various capacities while it plays an oversight role. For example, the United States Department of Corrections (DOC) in the representative of the government that controls the entire correctional system. DOC lays out collaborative frameworks with other agencies of the government such as the police and the justice department to "change lives and shape futures" as their mission statements read (Texas Education Agency, 2011).

Probation and parole officers play a crucial role in ensuring that offenders comply with the expectations set out by the law in a bid to create lasting change by breaking the cycle of re-offending and also ensuring public safety. A parole officer examines the conduct of a prisoner and collects information about their reform process which they use to determine whether the prisoner can be released before the expiry of their sentence. A probation officer counsels and monitors the progress of offender to determine alternative methods of rehabilitation instead of incarceration (Texas education Agency, 2011).

Correctional officers are responsible for the safety of a unit and the prison occupants of that unit. Prisons have blocks and units where each block has a supervisor with officers under his authority to manage and control the affairs of the particular block. Correctional officers prevent cases of suicide among prisoners, murders between cellmates and ensures the safety of the unit from outside interference and maintains a cohesive environment within the unit. Jailers and detention officers are also correctional officers with the same roles only that they work in pretrial prisons (Texas Education Agency, 2011). The most senior correctional officer inside a prison is a warden. The warden acts as the chief administrator in prison and shoulders the responsibility for the actions of officers under their authority and prisoners under their rehabilitation. The officers responsible for passing regulations and policies in the federal government are called federal correctional officers. They ensure that all policies, regulations, and legislations by the government are followed to the letter. Other minor participants in the penal system are non-governmental organizations that provide information, advocacy, and support and to those affected by crime and trauma on a 24-hour basis (Texas Education Agency, 2011).

Issues Faced by Corrections Administrations when running a Prison

The most severe impediment to the smooth running of prisons is overcrowding. The great depression led to increased crime in the United States since most people could not afford basic needs and hence the start of overcrowding in prisons (Dugger, 2012). The United States has the largest prisoner population with 2.3 million people living behind bars (Dugger, 2012). For example, the population of inmates has grown to twice the prison capacity which led to a Supreme Court ruling citing abuse of prisoner rights with regards to health and safety. Therefore, it becomes very hectic for wardens to administer rehabilitation programs efficiently and prevent issues within prisons.

Over the last one two decades, the correction system has seen a rise in mental health problems among inmates. Research by the Bureau of Justice Statistics indicates that more than half of all prisoners have mental health issues ranging from depression, shock, denial to outright cases of insanity (Dugger, 2012). Prison administrators have a hard time caring for mentally challenged inmates due to lack of specialized facilities as well as personnel. Mentally challenged persons tend to spend more time in jail and prisons while awaiting bonds and paroles which affects their needed treatment and stresses the administrators.

According to Dugger (2012), the small budget allocation is another critical impediment to the proper running of correctional systems. For example, in 2011, the government cut more than $4 billion of the funding allocated for mental health services which affected the mental health issues in prisons. Prison administrators have over times called for an increase of staff-prisoner ratio to enhance adherence to law and order by inmates. The situation is further worse due to the growing prison population which strains the minimal resources at the disposal of prison administrators. Internal issues that affect proper administration are prison gangs, racism issues, corruption and crime within detention centers.

Negative media attention portrays negative perception to the public dealing a blow to the main aim of incarceration i.e. rehabilitation. Administrators such as parole and probation officers have a hard time advocating for the rights of inmates due to poor public relations between the correction departments and the public (Dugger, 2012).

Rights of Prisoners and the Administration of Required Services by Prison Officials

The eighth amendment to the United States Constitution protects prisoners against cruel and unusual punishment. However, the vague explanation of “cruel and unusual” punishment led to misuse of the amendment prompting a definition of case laws to ensure prisoners don't get inhumane treatment (Bergman & Berman, 2015). The Prisoner’s Rights Laws outline the right of inmates to get protection from sexual harassment and sex crimes. The law is a crucial especially with the rising number of prisoners in small capacity prisons.

The American Civil Liberties Union is the pioneer of civil liberties in prison that guarantee prisoners with the basic rights such as the right to free speech, freedom to access court and representation as well as the freedom to practice religion (Bergman & Berman, 2015). Prisoners have a right to receive adequate mental care and mental health treatments even though they are not at the level of treatment of those outside incarcerations. The American Disabilities Act protects physically challenged persons by ensuring accommodations that enable them to function and lead a life in prison just like other inmates. Other prison rights are right against discrimination, right to complain about prison conditions and freedom to access their personal property under the Due Process Clause of the Constitution (Bergman & Berman, 2015).

Prison officials require the administration of certain services to aid the running of corrections. For example, in 1996, the DOC pushed the Congress to pass the Prison Litigation Reform Act (PLRA) that limits the rights of prisoners to some extent to aid in the running of prisons. One of the proposals in the acts was that prisoners must exhaust all internal procedures in prisons regarding any concerns before seeking outside intervention from the police and justice departments (Texas Education Agency, 2011). The administration of services by prison officials faces great challenges and due to internal and external interferences. For example, there is low morale for prison wardens due to low pay and long working hours coupled with high risks in the job environment (Dugger, 2012).

Alternative Forms of Corrections, Rehabilitation, and Reintroduction to Society

Different stakeholders continue to debate whether incarceration is the best mode of administering justice to an offender and some have proposed alternatives that put more emphasis on rehabilitation rather than punishment (Bergman & Berman, 2015). The already existing alternatives to incarceration are first, roll out of probation and parole for inmates who comply with court and prison. Secondly, restitution is becoming increasingly popular especially in corporate law where offenders pay money to the victim, and the tribunal considers justice served. Restitution also requires offenders to replace damaged items and give equivalents of losses of life and other irreplaceable commodities. Third, community service is popular especially among juvenile detainees and minor offenders. Community services involve performance of unpaid duties and works that repay the debt to society. Fourthly, halfway houses or community correction centers are funded by the Bureau of Prisons to aid transformation from prison to community and reintroduction to society by inmates who have attained parole and those on probation (Bergman & Berman, 2015). Home confinement is another alternative to incarceration where correction authorities use electronic home monitoring limit the movements of offenders by requiring them to wear electronic devices such as ankle bracelets. The benefits of such alternative incarceration methods are they reduce the cost of running prisons, they offer more sentencing options and strengthen families and communities. According to Bergman & Berman (2015), the majority of the public (77 %) support alternative incarceration as appropriate for non-violent and non-serious offenders.

Alternative Strategies to Incarceration with their Benefits and Challenges

The increase of prison population calls for new strategies of incarceration that do not involve locking up a group of people in the same place waiting for their punishment time to lapse and release them. Therefore, the alternative strategies instituted by correctional systems are such that they offer restorative justice where offenders come out better placed in society when they finish their time than when they were sentenced (Valentine, 2006). Traditional forms of incarceration do not achieve the goals of rehabilitation and restoration into the community but merely act as a way to administer justice for victims while completely disregarding the offenders. One of the ways that correctional strategies have changed is about prison trends (Valentine, 2006). Traditionally, prisons had limited or no programs that employed the skills of inmates. Currently, the penal systems have integrated life skills training, skills training, rehabilitation counseling, alcohol and drug abuse counseling. The courts and the justice department are the arms of corrections that determined the sentencing, probations, and parole of inmates. A change of strategy has seen the adoption of Sentencing Committees whose work is to review the criminal justice system, assess imprisonment trends and provide more options to incarcerations (Valentine, 2006). For example, in 1978, Minnesota was the first state to establish a sentencing committee, a trend that has now gained adoption by states like California where it is helping reduce the prison population and minimize crime through alternative punishment for minor offenders.

The benefits of substitutions to incarcerations are as numerous as the challenges. One of the challenges is the lack of the inability of halfway houses and community centers to administer proper rehabilitation to offenders due to lack of strict rule and regulations governing the centers. Another major challenge is inadequate funding to run the centers as well as insufficient personnel to administer counseling sessions to offenders.

Conclusion

The corrections have evolved and continue to improve amidst numerous financial and administrative challenges. Government agencies and other participants of the correctional system play a crucial role to curb the ever arising issues in prisons and the processes leading to an inmate’s sentencing. Proper regulation by different human rights groups are key for the protection of prison rights and the rights of prison officers and staff. Legal proposals address the challenge of overcrowding and execution of alternative forms of incarceration which in effect calls for a change of strategy in the running of corrections. Clearly, the correction is a crucial part of society.

References

Bergman, P., & Berman, S. J. (2015). The Criminal Law Handbook (14th Ed.).

Dugger, A. (2012). “Major Problems, Issues & Trends Facing Prisons Today.” Study.com. Web. Accessed 6 May 2017 [http://study.com/academy/lesson/major-problems-issues-trends facing-prisons-today.html]

Gale, T. (2005). History of Corrections. Encyclopedia. Web. Accessed 6 May 2017. [www.encyclopedia.com/reference/encyclopedias-almanacs-transcripts-and maps/history-corrections-punishment-prevention-or-rehabilitation]

Texas Education Agency. (2011). “Roles and Functions of the Correctional System” (1st Ed.). Career and Technical Education. Web. Accessed 6 May 2017.

Valentine, D. (2006). “Alternative Sentencing & Strategies for Successful Prisoner Reentry” (1st Ed.). Missouri: Institute of Public Policy. Web.