The Punishment Mechanisms Of Probation And Parole Essay

The punishment mechanisms of probation and parole developed from different social circumstances, which were driven by the need for alternative means to imprisonment. The creation of the mechanisms for probation can be linked to the moral panic caused by the excess consumption of alcohol and the increased amount of alcohol-related offences. In contrast, the development of parole was the result of the systems at the time, failing to deliver the expected results. This essay will outline the different origins of probation and parole, and discuss how the original purposes have evolved to accommodate the constant change in the criminal justice system. Probation is an alternative to the traditional forms of punishment that a court can impose, and is influenced by the background of the offender (Klingele 2013,1022). It will include the offender being released on certain conditions, in which they will need to comply. The origin of probation can be traced back to the actions of Matthew Davenport Hill, Frederick Rainer, and John Augustus. Although their contributions are similar, each contribution was significant in creating the basis for probation. In Britain, the first documented development of probation occurred from the actions of the Warwickshire magistrate. The Warwickshire magistrate enacted legislation in the 1820’s that allowed for certain minors to be released to a guardian as an alternative means to imprisonment (Harris 2005, 32; Vanstone 2004, 35). However, it was theShow MoreRelatedA Summary On Collective Corrections 1530 Words   |  7 Pagesin conduct that is considered wrong occurs in various forms. They vary from incarcerations, fines, corporal punishment as in the case of Sharia laws while others hope that fate or karma will even out the score. Whichever method is used it is hoped that a punishment will be meted. In traditional systems in the United States of America dealt with incarceration as its main form of punishment or offenders. However, statistics in the recent times have indicated that most convicts offend and get backRead MoreThe Factual United States Criminal Justice System1434 Words   |  6 Pagescompared to the six percent stating it is too tough. Individuals within the sixty five percent were found to believe too many criminals go free on technicalities, too many appeals are allowed, most convicted criminals are not given severe enough punishment, and lawyers tend to spend too much time finding technicalities to get criminals released. Contrary to these many popular beliefs which are falsehoods given to society , the criminal justice system proves to be the opposite. Many times, theRead MoreThe Harshness Of The United States Criminal Justice System1567 Words   |  7 Pagespercent stating it is too tough† (Newport, 2014). Individuals within the sixty five percent were found to believe too many criminals go free on technicalities, too many appeals are allowed, most convicted criminals are not given severe enough punishment, and lawyers tend to spend too much time finding technicalities to get criminals released (Newport, 2014). Contrary to these many popular beliefs which are falsehoods given to society , the criminal justice system proves to be the opposite. Read MoreThe Incarceration Of The Correctional System910 Words   |  4 Pagesthe management, supervision, and rehabilitation of convicted offenders. These mandates are often carried out through incarceration, probation, or parole, while prisons are the most popular correctional agency in America. Prisons in America were among some of the first public buildings established in the New World. Early prisons were not considered â€Å"houses of punishment,† but were rather referred to as temporary holding cells. The history of U.S. prisons from the late 1700s to the late 1800s was markedRead MoreRape And Burglary As A Post Incarceration Supervision1730 Words   |  7 Pagesand burglary as strikes for purposes of imposing a life sentence without parole (Sutton, 2013). Mandatory minimums take away the discretion of the judge in sentencing. These officials are bound by statute to place offenders behind bars. Because these statutes are put into place, the judge is not allowed to hand down alternative punishments, nor do they give them the opportunity to prescribe treatment or a change to rehabilitate. Such laws also hold racial discriminatory factors (USSC, 2011). DeterminateRead MoreThe Goals Of Criminal Sanction1253 Words   |  6 PagesThe four main goals of the criminal sanction in the United States are retribution, deterrence, incapacitation, and rehabilitation. Carried out through incarceration, intermediate sanctions, probation, and death are goals of the criminal sanction. Penal codes differ if the permitted sentences are indeterminate, determinate, or mandatory. Each sentence has an assumption about the criminal sanction. Judges consider discretion in fashioning sentences for factors of the crime, the offenders aggravatingRead MoreOperant Conditioning in the Criminal Ju Essay2660 Words   |  11 Pagesthe use of reinforcement which is given after the desired response (McLeod S. A., 2007). There are four different contexts or types of operant conditioning: positive reinforcement, negative reinforcement, positive (or response-cost) punishment, and negative punishment. The last three of these are all associated with aversive control wh ile only one, positive reinforcement, is associated with positive control. Thus, researchers can distinguish between two variations of the model, a positive one andRead MoreThe Sentencing Practices And Probation System2329 Words   |  10 Pages The Sentencing Practices and Probation From my standpoint, sentencing laws and the probation system are issues society struggle with today. The government usually lacks on amount of time and funds towards incarcerate criminals. The unintended of parole is multifaceted than ever. Situations like this concentrate on offenders focusing on lack of dissuasion. Viewing on a positive note this is more of a motivational approach where it’s enabling rehabilitation completely to parolees. Society facesRead MoreThe Punishment Of Prison System825 Words   |  4 Pagesthe citizenry. Initially, prisons were designed as penitent- punitive in nature. This approach aims at issuing punishment to offenders or seeks retribution from those who are involved in serious crime. It involved incarceration and flogging offenders as a way of suppressing unwanted behavior (Morris and Tonry 79). This is meant to reform minds of the offender through inflicting punishment and scare potential criminals from committing crime. However, this approach may fail to achieve its objectiveRead MoreRisk And Governmentality By Michel Foucault1151 Words   |  5 Pagesrates of parolees being returned to prison once indicated program failure, now they are offered as evidence of efficiency and effectiveness of parole as a control mechanism. Besides this, parole and probation are increasingly being perceived as cost-effective ways of imposing long-term management on individuals at risk, whereas for a long time parole and probation have been justified as means of reintegrating the offender into th e community. This new discourse manifests itself also in to development of

American History And The Colonization Of North America By...

Americans are taught one narrative of the colonization of North America; it is the European or white man’s version of events. Children all over the United States see pictures of Indians barely wearing clothes and wearing headdresses covered in feathers and larger than the very heads they sit on. Though, this narrative is not contained to inaccurate history books it is represented in books, movies even advertisements. Time and time again Indians are portrayed as savages who lack morals and are devoid of humanity. Recently author Daniel K. Richter has asked us to â€Å"Face East† to not only get a better understanding of American history but also to better understand the Indians and what happened to them.1 â€Å"Facing East† means to look at the same stories but from the perspective of the Native Americans. Perhaps, this is not as easy as it sounds as only Europeans had a system for writing down events; Indians told stories, one generation to the next and as the tribes were slowly eradicated they took the stories to the grave. There are, however, a small number of surviving Indians who were able to translate a few stories. When â€Å"Facing East† perhaps its best to start at the beginning, the first meetings between the Europeans and the Native Americans. There have been two very different narratives of the beginning of the relationship between the two. First, there is the account of the Pilgrims at Plymouth; they celebrated with the Indians who taught them how to survive. The

Law in the Modern Times Free Essays

Dietrich v The Queen Argued that there Is Immunity from conviction unless such a person In provided with counsel at the public expense. Mason C. J. We will write a custom essay sample on Law in the Modern Times or any similar topic only for you Order Now And Brenan J. â€Å"The applicant is entitled to succeed because his trial miscarried by virtue of the judge’s failure to stay or adjourn the trial until arrangements were made for counsel to appear the public expenseÃ'›. He was deprived of his right to a fair trial. † â€Å"Indeed, where there is no legal representation, and save in the exceptional case of the skilled litigant, the adversary system, whether or not It remains in theory, in racist breaks down † – Lord Devil. There Is an argued analogy with the united States Constitution, however as It Is based on their Constitution It has no parallel In Australian law. Could create difficulties – egg. Accused could demand counsel of a particular degree, skill or experience. Lack of representation may mean that an accused is unable to receive, or not receive a far trial. Brenna J. Whilst dissenting, Brenna acknowledges: â€Å"The entitlement of a person charged with a serious offence to be represented by counsel at public expense would be an important safeguard of fairness in the administration of criminal justice. Argues that our common law is different to other common law countries that have a Bill of Rights. â€Å"In the present case, there is no constitutional or statutory provision which supports the applicant’s case. † â€Å"Every right or title must be enforced or administered in some form. † Deane J. â€Å"The entitlement of an accused person to a fair trial according to law Is recognized as the central thesis of the administration of criminal justice. † and right’ which subjects innocent men t increased dangers of conviction merely cause of their poverty. However, viewed in the context of the overall trial, impropriety or unfairness could not have infected the verdict in the sense that it could not have adversely influenced the final verdict which the accused was convicted. † Dawson J. The Trial Judge addressing Jury â€Å"The fact is he unrepresented, and you should make whatever allowances you believe appropriate for that fact. †  "Entitlement to appear by counsel is not the same thing as entitlement to have counsel at the public expense. † â€Å"If he is convicted, an appeal cannot succeed merely because he was at a equidistant in being unrepresented. â€Å"There cannot be a miscarriage of Justice merely because an accused in unrepresented when he has no entitlement to representation. † Dietrich relied on Article 14(3)(d) of International Covenant on Civil and Political Rights: â€Å"To have legal assistance assigned to him, and without payment by him in any such case if he does not have sufficient means to pay for it. † However Dawson J. Believes that the common law can hold a fair trial with an unrepresented accused. Robinson v The Queen Man accused and convicted of murder in Jamaica Minority Judges dissented – found that accused had no defense counsel and a denial of such a right was sufficient to impair the trial. The UN Human Rights Committee responded to the trial of Robinson by stating that â€Å"the absence of counsel constituted an unfair trial. † In the common law country of Canada, the Charter of Rights and Freedoms holds that in serious offences, counsel is essential for a fair trial. Deane J. â€Å"Central of our criminal law†¦ That no person shall be convicted of crime otherwise than after a fair trial according to law. † Gaudier J. A trial is not necessarily unfair because it is less than perfect, but it is unfair if it involves a risk of the accused being improperly convicted. † â€Å"What makes a trial without representation unfair is the possibility that representation might affect the outcome of the case. † Miscarriage of Justice. Mason C. J. â€Å"By reason of the lack of representation of the accused, the resulting trial is not a fair one, any conviction of the accused must be quashed by an appellate court for the reason that there has been a miscarriage of Justice in that the accused as not been convicted without a fair trial. Where an accused has no representation, proceedings should be adjourned to enable accused to find counsel. Paragraph issue? If the trial proceeds without a defense counsel, and the accused is convicted, the conviction will almost certainly be quashed. The notion that a trial Judge may be able to give helping hand to accused is illusory and bound to cause problems in course of trial. No Judges prepared to fashion a constitutional right to state-funded counsel. Murphy J. Is McGinnis: â€Å"Putting aside an accused to trial in a serious case is barbarous. How to cite Law in the Modern Times, Essays