Toward a Rational Doctrine of Rehabilitation

1973 ◽  
Vol 19 (2) ◽  
pp. 228-240
Author(s):  
H.H.A. Cooper
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Religious Conversion ◽  
Integrated Approach ◽  
Point Of View ◽  
Therapeutic Goals ◽  
The Moment ◽  
The Impact ◽  
Point Of Departure

Rehabilitation is seen, essentially, as a reorientation of the offender toward society's values. The delinquent is distinguished by an inner conviction that his way is right and that of society wrong. All effective correctional theories must take this as their point of departure. An integrated approach to offender rehabili tation is necessary, and the impact of the criminal justice system from the moment of arrest must be studied from the point of view of its effect on the offender's attitudes. Conduct can be affected only through accord or coercion, but the latter, influenc ing the offender to retain his antisocial values, produces no permanent benefit to society. Prison, as long as it is thought of as punishment, is inconsistent with the therapeutic goals of reha bilitation. Rehabilitation is not a lesson to be taught but rather one to be learned by each individual. The system must provide the conditions to make such learning possible. There is no uni versal recipe for rehabilitation. Treatment must be geared to individual needs and this requires a radical rethinking of dis posal methods. Rehabilitation is seen as another term for re- education embracing all aspects of the offender's attitude toward society, as something akin to a religious conversion; it demands of society a just conduct in all its dealings with the offender at all levels of processing.

scholarly journals Investigating the Impact of Jury Sentencing Recommendations Using Procedural Justice Theory

2017 ◽  
Vol 20 (4) ◽  
pp. 535-568 ◽  
Author(s):  
Gianni Ribeiro ◽  
Emma Antrobus
Keyword(s):  
Criminal Justice ◽  
Procedural Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Frustration Effect ◽  
Public Confidence ◽  
Justice Theory ◽  
Perceptions Of Fairness ◽  
Sentencing Recommendations ◽  
The Impact

Public confidence in the criminal justice system is critical for the system to function effectively. Two studies investigated the impact of jury sentencing recommendations on public confidence using procedural justice theory. The first study (N = 80) manipulated the presence of jury involvement in sentencing (voice present versus voice absent) and the punitiveness of the minimum non-parole period (more punitive versus less punitive) to examine whether giving juries a “voice”—a key element of procedural justice—would increase public confidence in the courts, as well as perceptions of fairness and legitimacy. Contrary to predictions, results revealed that a more punitive sentence led to increased perceptions of legitimacy, which was associated with higher confidence. The second study (N = 60) examined whether manipulating the Judge’s agreement with the jury’s recommendation—as well as the Judge’s reason for disagreement—would elicit the “frustration effect,” leading to a decrease in confidence and perceptions of fairness and legitimacy. There was no evidence to suggest that the frustration effect was present. Results of both studies could suggest that jury sentencing recommendations may not effectively increase public confidence and perceptions of fairness and legitimacy in the courts, however alternate explanations are discussed.

scholarly journals Kijibashik: Turn it Around

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Tenzin Butsang ◽  
Flora Matheson ◽  
Jerry Flores ◽  
Angela Mashford-Pringle
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Public Health Research ◽  
Indigenous Women ◽  
Core Knowledge ◽  
Community Based Research ◽  
Critical Gap ◽  
Federal Prisons ◽  
The Impact

Over the last decade, there has been a dramatic increase in the number of incarcerated Indigenous women within Canada’s federal prisons. More than half of these women also identify as single mothers of multiple children, extending the scope of incarceration’s impact across generations. While maternal incarceration has been shown to contribute to a myriad of issues in children, including mental illness and increased mortality, there are few qualitative studies where previously incarcerated Indigenous women have been asked directly about the impact of incarceration on their wellbeing and mothering. This project will utilize a community-based research methodology that centers the voices of previously incarcerated Indigenous mothers by examining the commonalities and distinctions in their lived experiences. We will (1) identify the mental, emotional, spiritual, physical, and relational implications of incarceration for Indigenous mothers, (2) explore Indigenous concepts of motherhood and kinship, (3) identify the unique needs of this population in the criminal justice system, and (4) inform new and existing programs and services directed towards Indigenous mothers involved in the criminal justice system. Semi-structured individual interviews with previously incarcerated Indigenous mothers and Sharing Circles (focus groups) with key stakeholders, including Elders, Healers, and community partners involved in the criminal justice field will form the core knowledge for the project. This project will address a critical gap in public health research concerning the wellbeing of marginalized and incarcerated individuals and contribute significantly to our understanding of the experiences of Indigenous women in the criminal justice system. Through a collaborative partnership with several key Indigenous-centred organizations, the knowledge generated will be used to inform and develop decarceration programming and supports for previously incarcerated Indigenous mothers, establishing concrete measures to reduce the overrepresentation of Indigenous women in the Canadian criminal justice system, now and into the future.

scholarly journals Rape, inequality and the criminal justice response in England: The importance of age and gender

2019 ◽  
pp. 174889581986309
Author(s):  
Sarah-Jane Lilley Walker ◽  
Marianne Hester ◽  
Duncan McPhee ◽  
Demi Patsios ◽  
Anneleise Williams ◽  
...  
Keyword(s):  
Criminal Justice ◽  
Sexual Violence ◽  
Criminal Justice System ◽  
Justice System ◽  
Minority Ethnic Group ◽  
Gender Based Violence ◽  
Age And Gender ◽  
And Gender ◽  
The Impact ◽  
Criminal Justice Response

This article draws upon quantitative and content analysis of 585 reports of rape recorded within two police force areas in England in 2010 and in 2014 tracking individual incidents to eventual outcome to examine the impact, if any, of intersecting inequalities on trajectories of rape cases reported to police. The data were collected as part of the wider Economic and Social Research Council funded Justice, Inequality and Gender-Based Violence research project which examined victim-survivor experiences and perspectives on justice. Building on existing distinctions between types of rape case based on the relationship between victim-survivor and accused, the results suggest age and gender are significant factors in how sexual violence, and the criminal justice system, is experienced. While younger women and girls were disproportionately affected by certain types of sexual violence case and more likely to come into contact with the criminal justice system compared to men and older women, they were not necessarily more likely to achieve a conviction. The findings also confirm that some of the most vulnerable victims-survivors of sexual violence, especially those with poor mental health, are still not achieving criminal justice. Victims-survivors from Black and minority ethnic group or lesbian, gay, bisexual, transgender, transsexual, queer groups are underrepresented within the criminal justice system, implying these groups are not seeking a criminal justice response in the same way as ‘white’ heterosexual victims-survivors.

Assessing the Impact of State Human Trafficking Legislation on Criminal Justice System Outcomes

Law & Policy ◽  
2019 ◽  
Vol 41 (2) ◽  
pp. 174-197
Author(s):  
Amy Farrell ◽  
Vanessa Bouché ◽  
Dana Wolfe
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Human Trafficking ◽  
Justice System ◽  
The Impact

An Application of Multi-Agent Simulation to Policy Appraisal in the Criminal Justice System

2011 ◽  
pp. 228-234 ◽  
Author(s):  
Seán Boyle ◽  
Stephen Guerin ◽  
Daniel Kunkle
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Model Building ◽  
Complex Interactions ◽  
Policy Appraisal ◽  
Agent Simulation ◽  
Multi Agent ◽  
Strategic Policy ◽  
The Impact

This chapter reports on a multi-agent approach to the construction of a model of the English criminal justice system. The approach is an integration of model-building with ways of enabling people to engage in strategic policy making and take into account the complex interactions of the criminal justice system. From the workings of the police to court procedures to prisons, decisions in one area of the criminal justice system can be crucial in determining what happens in another area. The purpose was to allow assessment of the impact across the whole justice system of a variety of policies.

For Love and Justice: The Mobilizing of Race, Gender, and Criminal Justice Contact

2017 ◽  
Vol 13 (04) ◽  
pp. 541-568 ◽  
Author(s):  
Hannah L. Walker ◽  
Marcela García-Castañon
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Voter Turnout ◽  
Justice System ◽  
The United States ◽  
Western Democracy ◽  
Political Implications ◽  
Criminal Background ◽  
Criminal Justice Contact ◽  
The Impact

This paper examines the political implications of the criminal justice system for those who experience it indirectly: the friends and extended families of individuals who become caught up in the criminal justice system through heightened police surveillance, arrest, probation/parole and incarceration, which scholars have termed “custodial citizenship” (Lerman and Weaver 2014, 8). Contact with the criminal justice system is increasingly common in the United States, which incarcerates more of its citizens than any other western democracy (West, Sabol, and Greenman 2010). In addition to the 2.3 million people currently behind bars scholars estimate that more than 19 million have a felony (Uggen, Manza, and Thompson 2006). Fully 23% of Black adults have a criminal background, and Latinos make up 50% of federal inmates, highlighting extreme racial disparities in American criminal justice (Meissner et al. 2013). A growing body of research explores the impact of criminal justice contact on political participation finding that depressed voter turnout is the result whether one has been incarcerated, arrested, or lives in a high-contact community (Burch 2011, 2013; Lerman and Weaver 2014).

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