The_3_Rs_of_the_Criminal_Justice_System

ROBBERY, REHABILITATION, AND RECIDIVISM 1 Three Rs of the criminal justice system Justine McArdle CRJ 303 Corrections Professor: John Stender December 12, 2011 Robbery 2 The effects of incarceration on former prisoners has been a very common topic of discussion for many years. In most cases, it is believed that many prisoners will find themselves right back where they started, in jail. In the United States, 53% of arrested males and 39% of arrested females are re-incarcerated (Visher, 2003). Enhancing community safety is a major goal of corrections. One way of attaining this goal is to adopt strategies that reduce offender recidivism. In the 1970s and 1980s there was widespread disillusionment with the effectiveness of treatment programs to reduce recidivism. Today however, recent research demonstrates that some programs can reduce the likelihood of offenders returning to crime. Armed robbery is a crime that is in a class of its own. “Violent and property crime rates in 2009 remain at the lowest levels recorded since 1973, the first year that such data were collected. The rate of every major violent and property crime measured by BJS fell between 2000 and 2009. The overall violent crime rate fell 39 percent and the property crime rate declined by 29 percent during the last 10 years. Between 2000 and 2009, the rate of firearm violence declined from 2.4 incidents per 1,000 persons age 12 or older to 1.4 per 1,000 persons. Offenders used firearms in 8 percent of all violent crimes in 2009.” (BJS, 2010). The legislature has proposed a bill that would double the maximum prison term for armed robbery. Armed robbery is, simply, a robbery at gunpoint. The U.S. Department of Justice defines robbery more elaborately as, the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force, threat, violence or by putting the victim in fear. Armed robbery is also known as a heist, stickup, holdup or larceny by threat of violence (Dictionary.com). Although gun control is an issue in this case, the topic of gun control is too broad and would not focus enough on this aspect to create a heavy impact on the criminal statistics regarding armed robbery. Furthermore, because of the second amendment and the right to bear arms, there may be excessive issues related with the gun control that would assist in Robbery 3 prevention of armed robberies. Committing a crime with a gun instills fear in the victim of armed robbery. The threat of violence against a person is oftentimes enough to make them submissive and give in to the criminals demands. Discharging a gun can ultimately lead to death, legally reported as first degree murder. Although preventing weapon possession among previous offenders would be helpful, this method is difficult to enforce especially with weapons being sold on the black market. The use of a lethal weapon should be reserved for police officers or those using a weapon in self defense measures. A person who commits crimes with a gun, in general, should have to deal with harsher prison time than those who commit other crimes because the severity of the intent to instill fear and commit murder. If criminals are convicted of armed robbery, the maximum sentencing should not be doubled; the minimum is what should be doubled. The chances of a judge or jury convicting someone to the maximum sentencing for the criminals crime is unlikely but the minimum is more likely to scare individuals from committing crime to begin with or even scare them enough not to commit the crime at all. The main focus in prison should be rehabilitation, so that when the criminals are released they do not return to committing crime. There are many reasons people commit armed robbery which could be loss of job, loss of residence, and excitement. (Research Division, 2008). Calling for tighter penalties could help to decrease the offending rate further. A growing number of penologists believe that prisons have proved unable to reform or rehabilitate their inmates. Inmate treatment options are available and include programs such as Homes and Buddies which is focused on children under 18 years of age to provide foster homes and college aged mentors as well as adventure trips that focus on the education of the teen as opposed to the punishment There are numerous rehabilitative programs available to both inmates incarcerated in correctional institutions, and those serving their sentence under community correction programs. Robbery 4 Statistics show the present ratio of convicted criminals serving the term of their sentence under community correction programs (i.e. probation, parole, house arrest) greatly exceed the number of convicted criminals serving the term of their convictions, incarcerated within the state/federal prison system. Legislation has been adopted into US law, granting prisoners within the US penal system, the constitutional right to rehabilitation services. The individual states are obligated to set aside funds and resources to support, provide these services/programs, to all prisoners under their jurisdiction. The formal definition of rehabilitation is to restore to good health or useful life, as through therapy and education; to restore to good condition, operation, or capacity; to reinstate the good name of; to restore the former rank, privileges, or rights of; and the restoration of someone to a useful place in society. (Thesaurus.com) The rehabilitation goals of the criminal justice system are to successfully rehabilitate criminal offenders, and reduce the high recidivism rate that is currently plaguing the correctional system. Most offenders currently serving their sentences under community correction programs are criminals convicted of misdemeanor, or lesser felony charges (i.e. - 1st offender DUI's, petty theft, drugs, etc.) and are usually composed of individuals judged to be of little threat to society. Studies show, the successful rehabilitation of the inmate starts with employment. Most inmates, who obtained full-time gainful employment, had a higher success rate then their peers who failed to do so. Legislation drafts are currently being prepared requesting the passage of laws that will guarantee, inmates entering the work environment through community correction programs are granted a fair chance to obtain employment. (Rehabilitation of Offenders Act 1974). The rehabilitation process continues with the spiritual well being of the inmate. There are many religious based programs available to the inmates. Studies show these types of programs have shown some success in helping to curtail the high recidivism rate among the prisoner Robbery 5 population. Founded in 1974, the faith-based Brazilian prison program, Humaita, has been operated by Prison Fellowship since 1989. Humaita is the model for three similar 24-hour, faith-based prisons run by Prison Fellowship in the United States. These InnerChange Freedom Initiative prisons are currently operating in Texas, Iowa, and Kansas with a fourth soon to open in Minnesota. (Johnson, 2002). "Faith-based programs are a demonstrably real solution to the massive recidivism problem we have in this country,” says Mark Earley, President of Prison Fellowship and former VA Attorney General. "Nationally, 66 percent of inmates return to prison after release, however, the InnerChange Freedom Initiative offers hope because most of those inmates who participate in the program will remain crime free upon release." (Eisenberg & Trusty, 2002). Assessing the impact of religious programs in prison on recidivism is the first empirically validated study on this subject by a social scientist. The research was conducted by scientist Byron Johnson, Senior Fellow and Director at the Center for Research on Religion and Urban Civil Society for the University of Pennsylvania." Parole and probation are the most utilized, best publicly known forms of rehabilitation. In these programs inmates are released into the custody of a community correctional officer, they are then required to adhere to the same set of rules, regulation incarcerated inmates are held accountable for, random drug screenings, home confinement devices, surprise visits, scheduled check-in, etc. are tools utilized by community correction officers, to insure inmates are adhering to the terms of their parole/probation. Violators of the terms of their release into these types of programs are remanded to the custody of a correctional facility to complete their sentence. (Seiter, 2008). Many states are currently experiencing difficulties supporting rehabilitation programs, due to shortages in their prison/correction operating budgets. Alternative solutions are currently being sought; to replace state/federally funded rehabilitation programs. Inmate work release Robbery 6 programs are an example of one of these measures, The Work Release Program provides selected inmates the opportunity for employment in the community during imprisonment. The work release program addresses the transitional needs of soon-to-be-released inmates. The program provides an opportunity for inmates to support their families and to reduce the economic costs of their imprisonment. Work Release participation is based on factors such as the sentence received, the statute under which sentenced and the inmate's record of behavior. Participating inmates must be in the final stage of imprisonment and are carefully screened for participation by prison managers. The Work Release Program is available at the majority of minimum-security prisons. Inmates are allowed to leave the prison each day to work and are required to return to the prison when their work is finished. Inmates must earn at least minimum wage. The job plan and job site must be reviewed and approved by prison managers. Inmates must work in a supervised setting and cannot work for family members or operate their own businesses. The work release employer must receive an orientation from Division of Prison staff and agree to the rules of the program. The employer must have Worker's Compensation insurance. Earnings from work release wages are used to pay restitution and fines, to pay family support, to pay prison housing and work release transportation costs and to set aside money for the inmate upon release (Florida Dept. of Corrections, 2010). Today in American society debate rages over the effectiveness of our prison system and it's proper use. Is prison an institution that should be focused on protecting society with severe punishment for a crime against society or should prison be a place where violators of the society's laws are sent for the purpose of rehabilitation' The pendulum has moved back and forth between a focus on rehabilitation or punishment for over a century. Due to a large percentage of the prison population that is incarcerated for drug violations many citizens believe rehabilitation should be the focal point. Their opinion is if we can stop Robbery 7 these inmates from using illegal drugs and teach them a useful skill when returned to regular society they will have the skills and abilities to function within the norms of society. Members of the public on this side of the issue believe the key is to rehabilitate criminals and once rehabilitated they can re enter normal public life as a self-sufficient contributing person. If rehabilitation is effective this will be much less costly to the public as opposed to a non-rehabilitated person re-entering free society and continuing to prey on the public. Rehabilitation opportunities are offered in many state prisons for the purpose of assisting inmates to successfully move back into the normal populace once their time has been served in prison. The other side of the debate has just as many followers who believe that our prison system should focus on punishing convicted criminals. They believe rehabilitation is not very effective and these public predators that refuse to live within the public's laws should be removed from society for a long period of time. They point to the high levels of recidivism, which is the repetition of criminal behavior to show that rehabilitation just simply does not work. One study, for example, showed that nearly 70% of young adults paroled from prison in 22 states were rearrested for serious crimes one or more times within six years of their release (Schmalleger, 2001). Today's prisons seem to have a revolving door with criminals getting out of prison for short periods of time and then they get caught committing additional crimes and go back to prison. Some people argue the answer to this problem is to keep repeat offenders in prison permanently so they cannot commit additional crimes. The future decisions we make in the area of rehabilitation or punishing and warehousing criminal offenders will have serious repercussions on modern society. Many states in an era of budget cutting seem to be moving away from rehabilitation services. As state prison systems move away from providing rehabilitation services questions will be asked about a prisoners rights of access to programs which give inmates opportunities to improve their life. Many former prison inmates have been Robbery 8 returned to society and through rehabilitation programs they now contributing members of their community. Criminal Justice officials are under intense pressure from both sides of the issue and if history is indicator public opinion will continue to shift based on specific moments in time. Is rehabilitation effective' Starting rehabilitation early, with non-violent youth offenders, has shown to be an effective way to stop the increase of adult offenders; we can "nip it in the bud" so to speak. The over all goals are to stop juvenile offenders from becoming frequent offenders through rehabilitation. Studies show that rehabilitation programs like temporary foster care can help remedy repeat offenses. While teaching the parents of the offender "management training" courses to help the parents enhance home life for them and for the youth. The justice system has proven that programs such as this have proven to be an effective way to reduce youth crime and violence without considerable spending. The problem is, that reforms such as this are not being used extensively throughout the country because there are people that think juveniles should be tried in adult courts - a tactic that is expensive and unsuccessful in the rehabilitation of youth offenders. As a matter of fact trying a juvenile as an adult has the opposite effect. The study, Less Hype, More Help shows that in fact: "Transfer to the adult justice system increases criminality." (Mendel, 2000). Youth offenders committed more frequent offenses and more serious crimes after being tried in an adult criminal court as opposed to being tried as a juvenile. "A Florida study of more than 5,000 offenders found that transferred youth were rearrested more than 50 percent more often and had a shorter time to re-arrest. Studies in Minnesota, New York and Pennsylvania report similar findings." (Mendel, 2000). The threat of adult time does not make communities safer. States that use the adult court "scare tactic" to dissuade juvenile offenders have not seen a noticeable decrease in repeat offenders. In fact, many states have seen a rise in the juvenile crime rate and repeat offenses. "New York State changed its waiver law in 1978 to allow youths as Robbery 9 young as 14 to be charged for violent offenses, but violent crime rates among New York City youths did not decline in comparison to Philadelphia, which had no such transfer law. When Idaho passed a new law in 1981 requiring transfer for all violent offenders ages 14 and above, the state's juvenile crime rate increased. The rate decreased in both Montana and Wyoming, where the juvenile courts retained jurisdiction over most violent juvenile offenders." (Mendel, 2000). “Confining youths with adults is dangerous and counterproductive. Compared with youth in juvenile institutions, youths in adult institutions are eight times more likely to commit suicide, five times more likely to be sexually assaulted and 50 percent more likely to be attacked by a weapon." (Mendel, 2000). As a matter of fact the only thing that impressionable youth will learn in adult prisons is ways to become better criminals. After all, seasoned veterans of the crime trade will surround these troubled youth while they are incarcerated. “Two of the characteristics found in almost all delinquent youth are a lack of attachment to caring adults and a lack of involvement in positive activities. Youth centers help fill those gaps.”(ROB, 2011). "Transfer to adult court is expensive, and wastes funds needed to implement what works. The majority of youths transferred to criminal court spend months awaiting trial-with a cost to taxpayers of up to $200 per day. The California Legislative Analyst's Office estimates that "get-tough" transfer provisions enacted in March 2000 could cost taxpayers $100 million per year in added operating costs, plus $200-300 million for new jail construction." (Mendel, 2000). The state of Missouri shows an innovative approach to dealing with juvenile offenders. The Hogan Street Youth Center has every type of troubled youths inside; from armed robbers to rapists, to carjackers. “Save for the sound of jingling keys unlocking one, then another security door at the entrance, there's nothing outside or inside the place to suggest it's a detention facility. No barbed wire surrounds it, no cells are inside it and the 30 or so youths who live here aren't required to wear drab uniforms. They sleep in dorm-like quarters, congregate for counseling in Robbery 10 settings resembling family rooms, and they're watched over by a college-educated staff rather than guards.” (Joiner, 2005). “Granted, all the world's young robbers and carjackers cannot be saved,” but Mark Steward, head of the state's Division of Youth Services, says Missouri definitely is on the right track. He points to a “low re-offender rate of just 8 percent over a five-year period after youths leave Hogan and similar facilities. In some other states, where the recidivism rate is 10 times higher, youths in detention centers are treated like animals and receive no respect or dignity. Then we wonder why they leave these places more angry, hardened and ready to take revenge. What troubled youths need most, Steward says, is a helping hand.” (Joiner, 2005). The overriding fact is that people can be rehabilitated and if we start rehabilitating early enough, we may be able to stop youth offenders from becoming adult offenders. The definition of rehabilitation is "to restore to good health or useful life, as through therapy and education." (Thesaurus.com).As we have seen rehabilitation takes many forms: religious programs, parole, probation, work release and education. But not everyone will have access to these programs, and most believe the prison system is on the punishment end of the spectrum when it comes to prisoners. However, there was one man that could have changed all that. His name is Dennis Luther. Mr. Luther was the warden at McKean federal correctional facility. The root of Luther's approach was an unconditional respect for the inmates as people. "If you want people to behave responsibly, and treat you with respect, then you treat other people that way," Luther says. He left in the 90's after his vision and actions didn't confirm to the standards of the Bureau of Prisons. Mr. Luther had several beliefs about correctional facilities and rehab. Two of those beliefs are: "Inmates are sent to prison as punishment and not for punishment." And, "You must believe in a man's capacity to change his behavior." (Worth, 1995). Luther still believes rehabilitation is the answer; whereas, a large percentage of the correctional system believes Robbery 11 warehousing is the answer. It couldn't have been said any better than by an inmate himself "You create Spartan conditions, you're gonna get gladiators." (Worth, 1995). Robbery 12 References armed robbery. (n.d.). Merriam-Webster's Dictionary of Law. Retrieved December 11, 2011, from Dictionary.com website: http://dictionary.reference.com/browse/armed robbery Eisenberg, M. & Trusty, B. (2002) . Overview of the InnerChange freedom initiative: The faith- based prison program within the Texas Department of Criminal Justice. Retrieved on December 11, 2011 from website: http://www.lbb.state.tx.us/PubSafety_CrimJustice/6_Links/IFI.pdf Florida Department of Corrections. (2010). Frequently asked questions regarding work release. Retrieved on December 11, 2011 from website: http://www.dc.state.fl.us/oth/inmates/wr.html Johnson, B. (2002, April). Religious programs and prison: An exploratory study. Crime & justice international. Vol# 18, Iss. #61. Retrieved on December 10, 2011 from the website: http://www.cjimagazine.com/archives/cji3ebc.html'id=64 Joiner, R. (2005, January 3). Show-me state shows how it's done.  St. Louis Post - Dispatch,p. B.7. Retrieved December 11, 2011, from ProQuest Newsstand. (Document ID: 774254521). Liberty guide to human rights (2011). The rehabilitation of offenders act 1974. Retrieved on December 11, 2011 from the website: http://www.yourrights.org.uk/yourrights/privacy/spent-convictions-and-the- rehabilitation-of-offenders/index.shtml Mendel, R. (2000, June 14). Less hype, more help: Reducing juvenile crime, what works -- and what doesn't. Retrieved on December 9, 2011 from website: http://www.aypf.org./mendel/index.html Robbery 13 References Office of justice programs.(2010).Violent and property crime rates declined in 2009, continuing the trend observed in the last ten years. Bureau of justice statistics. Retrieved on December 10, 2011 from website: http://bjs.ojp.usdoj.gov/content/pub/press/cv09pr.cfm Phillips, T. (2002). Faith-based prison rehab bearing fruit. Focus on the family May 28, 2002. Retrieved on December 10, 2011 from website: http://alpha.ncf.ca/rehab.html rehabilitation. (n.d.). Roget's 21st Century Thesaurus, Third Edition. Retrieved December 11, 2011, from Thesaurus.com website: http://thesaurus.com/browse/rehabilitation Research Division, Legislative Counsel Bureau (2008). Criminal justice in Nevada Part 1: Overview. Retrieved December 11, 2011 from website: http://www.leg.state.nv.us/lcb/research/PandPReports/27-CJ(PtI).pdf ROB - Why are youth centers important' (2011, February 24). Almonte/Carleton Place EMC,12.  Retrieved December 11, 2011, from Canadian Newsstand Complete. (Document ID: 2277352121). Schmalleger, F. (2001). Criminal justice today. (1st ed.). Indiana: Pearson Seiter, R. (2008) Corrections: An introduction. (3rd ed.) N.J.: Pearson. Visher, C. (2003). Transitions from prison to community: Understanding individual pathways. Annual review of sociology, 2003, Vol. 29 Issue 1, p 89-113. Retrieved on December 11, 2011 from EBSCOhost Worth, R. (1995, November 14) Prisons in America: An Online Conference with Robert Worth. Retrieved October 1, 2003, from website: http://www.theatlantic.com/unbound/aande/trnscpt/worth.htm Robbery 14 References Worth, R. (1995, November) A Model Prison. Retrieved October 1, 2003 from website: http://www.theatlantic.com/issues/95nov/prisons/prisons.html