Pros and Cons”

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Ashford University *

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Law

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Feb 20, 2024

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Pros and Cons: Deterrence : The goal is that punishment will not only deter the criminal from engaging in further criminal activity but also set an example to deter others from engaging in criminal behavior. According to Stojkovic, et al (2019) “deterrence is designed to send a message to both the offender and to society that an offense is unacceptable” (sect. 2.1). Pro: Most people will choose positive outcomes over negative ones, so deterrence works. Con: Most people are unaware of what punishment an offender receives for committing the crime. Incapacitation: Placing a person in jail or prison to keep them from committing crimes. Pro: The offender has 24 hours of supervision which makes this effective. This also makes for a safer society Con: Can commit other crimes while incarcerated. Rehabilitation: Treatment programs that change the way that an offender acts and behaves (Stojkovic, et al 2019). Pro: Gives the offender hope, mental stability and understanding of their crime. Con: Rehabilitation within jails has little impact on recidivism (Stojkovic, et al 2019). Reintegration: Helps offender become a more productive citizen to society and with the help of the community to encourage offenders to become a law-abiding citizen Pro: Gives awareness to the community that can help offenders adjust giving them opportunities for jobs and other assistance upon release from prison. Con: There is no full understanding of the meaning of community (Stajkovic, et al. 2019). In the 17 th and 18th centuries, the death penalty was used for the offenses of murder but also for simply disobeying one's parents. Back in these days punishment was cruel and unusual, and this was the norm, so nobody questioned it. They used corporal punishment. Execution, banishment, and psychological torment through shame (Stojkovic, et al 2019). Included punishments such as whippings and use of stock and pillories. Today, these punishments are considered cruel and unusual, and everyone is protected from them by the Constitution's Eighth Amendment. According to Cohen, A. (2022), “Atkins V. Virginia (2002) outlawed the execution of intellectually disabled prisoners, then in 2004, Roper V. Simmons outlawed the death penalty for juveniles” (para. 3). A correctional system that relates to rehabilitation is community-based corrections. These types of programs keep the offenders within the community under supervision rather than putting them in jail. These programs try to change criminal behaviors, the same as rehabilitation. These programs also support the offender's reintegration into the community. There are also specific community-based programs that help offenders released from prison gain stability in their lives. Cohen, A. (22 February 2022) The eighth amendment, the death penalty, and the supreme court.
Brennan Center for Justice https://www.brennancenter.org/our-work/analysis-opinions/eight-amendment-death-penalty- and-supreme-court Stojkovic S & Lovell, R. (2019) Corrections: An Introduction [2 nd Edition] https://content.uagc.edu
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