Legal Studies and Law for State and Federal Prison- MyAssignmenthelp

Question: Discuss about theLegal Studies and Law for State and Federal Prison. Answer: An enormous change has been observed in the philosophy and practice of sentencing and corrections. The vital focus on rehabilitation which existed in first seven decades of 20th Century provided the manner of focusing on justice and fairness in 1970, by which sentences reflected just deserts i.e. people who contradict the law deserve to be punished rather than utilitarian motive (Tonry, 2017). Four main objectives which are generally relating to the sentencing procedure are retribution, rehabilitation, deterrence and incapacitation. Changes in practice and philosophy of sentencing and corrections have a pivotal effect on incarceration rates. The impact of these changes has intended as well as unintended consequences. The development of the prison had an impact on all State and Federal prison. However, it is necessary to assess that the number of individuals in prison and the change over time in these value differs greatly in terms of jurisdiction. The same changed the growth cost of correction have also increased. Two principles which underlay the concept of supporting indeterminate sentencing are environmental and psychological. Environmental explanations emphasis on the wretchedness of internal part and slum environment and assess the reason which is responsible for later criminal behaviour (Maurutto and Hannah-Moffat, 2016). Physiological perceptions believe offenders to be ill and required treatment. Both these perspectives balanced the criminal system and enforced for changing the lawbreakers into law abiders. It has been evaluated by critics that with few isolated exceptions the rehabilitation efforts have examined so far with no appreciable results, and the reason behind same was inadequat e restrictiveness behaviour of judges. Thus, it can be concluded that emphasising risk is necessary for making society safer because through emphasising on risk people can be made aware of the actual situation which is to be faced by them. Punishment and welfare are assessed as recent emergence in the modern western estate of a new form of crime control. As through combining the variants like care, control, assistance and discipline for assessing the personal and social disorder which give rise to criminal activity and rectify them (Monahan and Skeem, 2016). Even the criminal will have to think wisely for making their attempts successful in case the public is aware of their acts and the manner in whey attain to accomplish the same. Through emphasising on risk both the authority as well, the public will make an attempt to control the crime. The same effort has made the procedure of ascertaining sentences in accordance with fair and justice policies. There are different names for community sentence for all the different ways in the criminal justice, in this, the court will punish peoples who commit an offence, but the crime is different from a custodial sentence or capital punishment.Basically, it is an alternative to imprisonment by considering the approach of human rights and human dignity. Sometimes punishments are noticed in terms of repression mainly in harmful offenders. There are many observations for the theory of punishment (Mair, 2016). The several challenging views are presented and promoted by the moral foundation of punishment, and these are a problematic issue for them. If the crime is serious, then the criminal will be punished. However, in the case where convicted person does not intend to do so, then he cannot be treated as a criminal. Community-based sanction is considered to be a soft option because the prisoner is not considered as criminal as he was convicted for the purpose of rehabilitation. The main aim is not to inflict suffer from the offender, but the main aim is to stop the crime which is done by criminal and finding the reason why the offender do that crime again (McIvor, 2016). Further, it is provided mainly to a child or young person as they have an anentire life to live within the society. Thus, despite being treating them as a criminal, they are treated as a patient to motivate them for leading a good life. They are provided with various facilities so they can learn good ethics and skills for their future life. This is also considered to be a soft option because it is generally for a short period with the objective for the benefit of convicted person. On the other hand, in other punishments, the sole objective of jurisdiction is to punish the individual for their offensive act, but in community-base d sanctions, the individual is taught to live in society peacefully with good objectives. This approach is not considered to be true in all cases because sometimes community-based sanctions are so harsh in which conviction is similar or strict in comparison to other punishments. Although there is no substantial evidence to support this view as many forms of community-based sanctions,meant to be juvenile convicts. Recidivism refers to the repetition of criminal actions, including choice of outcomes, which ultimately result in re-arresting, proving of guilt, and re-imprisonments. It is also referred as a percentage of ex-prisoners who are rearrested for a repeating the similar crime. It is a significant problem within most Western jurisdictions because if the criminal is repeating the similar crime than it is no impact of taking them into legal conviction as there is no reduction in crimes. By making analysis the things due to which criminals are repeating the crime will assist jurisdiction in developing better justice system. Study of Sherman and et.al.(2016) shows that the major reason why criminals repeat crime and find themselves back in custody is that it is hard for the offender to get back into their normal life as their past remain with them always. It is because society doesnt easily accept offenders due to their criminal history (Sherman, Neyroud and Neyroud, 2016). Lack of job opport unities, education, and support are the reasons offenders repeat their crime, but the same is not for all the criminals. Examples of people are available who have made their effort and created their own identity in the society even after having a criminal background. Connection with other offenders is also a reason why they commit a crime. As per the issue, there is a fast increase in recidivism because offenders are not able to get the positive impact, their mentality towards recidivism is not changing, and this creates a negative impact on their behaviour they must be taught to reduce it by taking some steps (Tata, 2016). By making a detailed analysis of these aspects,western jurisdictions will get to know about the behaviour of offenders due to which they are committing crime repeatedly; they were able to find many ways to avoid recidivism. With the consideration of this approach, jurisdictions have provided many programs and vocational training such as prison-based education programs; this is an educational programme which is planned to help prisoners to gain skills which they can utilise when they are set free. Although the development of same is dependent of mainly two variants which are: physiological and environmental. Environmental varia nt emphasis on internal assessment of reason due to which the individual regains the criminal behaviour later, and this will help them to reintegrate into society. Physiological variants assess the physical treatment requirement by the criminals. These both variants play a significant role in transforming law breakers into law abiders. Social reintegration programmes have been set for the offenders to help them to integrate into the community which will result in repairing the relationships. Institutional programs are also set up to help criminals to reintegrate into society which includes providing education, job guidance, psychotherapy, and mentoring. Job training is also provided to the offenders so as they can get better job opportunities which will help them to reintegrate into the society (Giles, 2016). These modifications have been done by considering the requirement of a change in justice system due to increasing recidivism. The same kind of attempt is made by rehabilitation centre in which efforts are made to assess the reason behind the crime. The main emphasis is made on young children within these centres as they have to spend a long life in this society. Therefore; an effort is made through these centres to not to treat them as criminal and make them learn to live a good life by providing them learning relating to good ethics. They are also provided information regarding the methods through which they can make their future bright. Efforts are made by this kind of centres to treat them as patients rather than criminal and motivate them to improve rather than re-attempting the crime. Thus, this analysis should be done on a continuing basis to make viable changes in the jurisdiction for developing a better society. References Books and Journals Giles, M., 2016. A study in prison reduces recidivism and welfare dependence: A case study from Western Australia 2005-2010. Trends and Issues in Crime and Criminal Justice, (514), p.1. Mair, G., 2016. What Is the Impact of Probation in Advising Sentencing and Promoting Community Sanctions and Measures?.In Probation (pp. 61-83). Palgrave Macmillan UK. Maurutto, P. and Hannah-Moffat, K., 2016. Aboriginal Knowledge in Specialized Courts: Emerging Practices in Gladue Courts. Canadian Journal of Law and Society, 31(3), pp.451-471. McIvor, G., 2016. What Is the Impact of Community Service?.In Probation (pp. 107-128). Palgrave Macmillan UK. Monahan, J. and Skeem, J.L., 2016. Risk assessment in criminal sentencing. Annual review of clinical psychology, 12, pp.489-513. Sherman, L., Neyroud, P.W. and Neyroud, E., 2016. The Cambridge Crime Harm Index: measuring total harm from crime based on sentencing guidelines. Policing, 10(3), pp.171-183. Tata, C., 2016. How can prison sentencing be reduced?.Scottish Justice Matters, 4(1), pp.1-3. Tonry, M. ed., 2017. Crime and Justice, Volume 45: Sentencing Policies and Practices in Western Countries: Comparative and Cross-National Perspectives (Vol. 45).University of Chicago Press.