Criminal Law: Probation and Punishment Research Paper

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Throughout history, the problems of crime and criminal activities have affected almost all societies. However, the degree of these problems differs significantly. Similarly, every human society tends to develop certain measures to deal with these problems. Again, the methods applied to deal with crime and criminal activities may differ from one society to another. However, modern methods of dealing with crime have become universal (Schmallger & Symkla, 2008).

Almost every nation in the modern world has a police force tasked with reducing crime and criminal activities. Therefore, it is the duty of the police to enforce law in order to maintain harmony. On the other hand, the judicial system has a responsibility of deciding the best way of dealing with law offenders. Incarceration is the most common and effective way of reducing crime in any society. However, it fails to apply in some cases. This is why probation has emerged as one of the most effective methods of dealing with some forms of crime. By definition, probation is a correction method that involves retaining an offender under close supervision of an officer over a given period. Probation is an alternative method that is effective in dealing with individuals found guilty of crime, especially youths and first time offenders.

In the case of Kris, it is clear that he is 25 years. However, when he was about 13, he was placed under probation after he was found guilty of battering. However, during his probation, the police arrested him for trespass. The court found him guilty and increased his time in probation. The files further indicate that he successfully completed the program and has never been arrested again. This means that the current offense is his first since he attained adulthood. I found that nobody in his family has a history of crime. In addition, he has a strong relationship with his parents and siblings. Moreover, his neighbors have not cited any case involving his behavior. It is also worth noting that he has never been diagnosed with any mental problem. He successfully completed his basic education after graduating with a high school diploma some years ago.

He is a social individual and participant of a local band. Most of the times, he accompanies his friends. He hopes to join college in the next few months. He hopes to graduate on time and start a business. However, it was noted that he sometimes takes drugs and alcohol. Nevertheless, he says that this behavior is occasional but is ready to stop without assistance. He is aware that this behavior is not good and hopes to stop as soon as he joins college. In addition, he is newly married and hopes to complete his probation on time and continue with his new life.

A number Robert’s suggestions are relatively similar to my points of view. For instance, he says that Kris is in a position to visit the supervisor once a week. He says that Kris will complete the probation on time but does not need favors or help from his probation officers. Moreover, I agree with Robert that Kris can stop drugs and alcohol because they are occasional behaviors he has adopted due to the influence of his peers. I agree with Robert that once Kris joins college, the behavior is likely to end because he will obtain new friends and separate from his old friends in the neighborhood.

However, I tend to disagree with some of Robert’s view about Kris. For instance, Robert says that there is no need for Kris to take regular drug tests. Robert believes that taking regular drug tests is likely to violate Kris’ basic rights. Although this could be true, Robert does not consider that Kris is highly exposed to continue taking drugs. In addition, I believe that the police are likely to follow Kris, arrest him and force an additional probation or even seek for incarceration.

It is important to determine whether an individual is fit to join an ISP program. In this case, the candidate should provide evidence of eligibility by presenting a number of characteristics used as entry criterion. First, the candidate must be eligible for probation. This means that the candidate must be residing within the county where the probation is supposed to take place. Secondly, he or she must be willing to abide to the terms of the program. He must also provide his full criminal and social history (Nee & Ellis, 2010).

Thirdly, the offender must have a sound mind and not be diagnosed with any mental problem within the last three years. It is also worth looking at the frequency of offense. For the candidate to fit in the IPS, he must have committed at least one prior offense or violated standard violation in the past. It is also worth noting that the offender must be 18 and above to fit in the IPS (Nee & Ellis, 2010).

The process and practice of matching an inmate to correctional facility as a response to legal concept of cruel and unusual punishment has received a lot of criticism and appraisal (Bonta, 2012). The practice was adopted as a standard procedure of placing inmates in custody depending on the level of the threat the inmate poses to the society. In this case, a prisoner is placed in one of the three classes of facility- Minimum, medium, close or maximum (Schmallger & Symkla, 2008).

The intention is to match the offender with the needs and level of supervision required. Although critics have opposed this system, I believed it is the best way that the prison system can care for the prisoners depending on their needs and level of crime committed or possible of committing (Schmallger & Symkla, 2008). This method provides the prison management with a clear way of identifying the prisoners who pose different threats to the security of the wardens, the management and the society in general. In addition, the system is important in protecting inmates from the risks posed by some of their colleagues. Some prisoners pose harm to their colleagues because they are prone to commit dangerous crimes, while others are antisocial (Bonta, 2012). Thus, this method ensures that the management keeps the prisoners depending on their characteristics and behavior (Schmallger & Symkla, 2008).

Secondly, I believe incarceration is meant to correct rather than punish offenders. As a public institution, prisons should be used to prove quality life to the inmates. In fact, it is the right of every prisoner to have the necessary amenities and programs. Therefore, it is necessary to improve prison service through hiring of extra officers, psychiatrists and counselors, therapists and other professions (Schmallger & Symkla, 2008). In addition, building gardens, playgrounds and other amenities are necessary to keep the prisoners in the best life possible. Although they are meant to be separated from the rest of the society, they are likely to find ways of escaping when life in prisons is not worth. Thus, to protect the society, it is necessary to use taxpayers’ money to improve life in prisons.

References

Bonta, J. (2012). Offender risk assessment: Guidelines for selection and use. Criminal justice and behavior, 29(4), 355-379. Web.

Nee, C., & Ellis, T. (2010). Treating offending children: What works? Legal and criminological psychology, 10(2), 133-148. Web.

Schmallger, F., & Symkla, J. O. (2008). Corrections in the 21st century. New York: McGraw-Hill. Web.

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IvyPanda. 2020. "Criminal Law: Probation and Punishment." June 2, 2020. https://ivypanda.com/essays/criminal-law-probation-and-punishment/.

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