Punitive Versus Therapeutic Crime Management Essay

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Updated: Feb 23rd, 2024

Introduction

Police arrested Ms. Shanesha Taylor for leaving her two young children unattended in a vehicle while she was on the interview. She was homeless and without job. Upon arrest, she was placed in custody where she did not have chance to communicate with her children for some time. The laws are aimed to make a just society, however, their application sometimes defies logic.

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The moral question

A young mother thought that her young children would not in any way lack necessities while she had the capability to make a difference. Parenting is a responsibility which implies that parents do all that they can to ensure their kids’ provisions are guaranteed. Leaving children in the car for a few minutes while she attended a life-changing interview is a misdemeanor that would probably get justification if the results were positive.

When weighing the legal and moral responsibility that such a case should bring to light, the legal perspective more often than does not outshine the moral angle; this masks issues more pertinent. The punitive nature of the criminal justice system has become an issue of concern.

Only three decades ago, the criminal justice system was, according to scientists, a rehabilitative strategy. The overall aim was to ensure that criminals reformed after serving time and were safely handed back to society as persons possessing occupational skills and a different mindset (Carter, 2008).

Privatization of jails has however turned incarceration into a business and rehabilitation is no longer the defining purpose of serving time. In recent past, measures have been taken to ensure that authorities “remain sturdy” in fighting crime and serving time remains the primary focus of arraignment in courts (Weinstein, 2000).

Wrong priorities

However, incarceration should be about separating the criminals from the society, but the question remains whether jailing Ms. Taylor would achieve this goal (McDonald, 2014). It will more often embolden her with resolution that the society does not need her. Her case is not unique and probably shows that it is very difficult for a person to bridge societal classes without being under suspicion. For some, poverty is a crime since the run-ins with authorities hardly affect the middle class.

Elected representatives pass laws, but they hardly know how some of the legislation translates into the lives of the people oppressed by society (Shelden, 2006). While it is very easy to justify making a law which prohibits some offences near government institutions, the application creates a divide in society. Both class and racial discriminations bring about the disparity; demographics of the rich and poor in the American society follow the color patterns and social class (Beatty, 2007).

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On the other hand, the states are almost criminalizing parenthood. Examples are abound of parents who lose custody of their children for mere violations like letting their children stroll while playing with others. More often than not, the people who suffer are the minors who lose their parents’ guidance which causes emotional distress. As Davis mentions, victim service programs ignore this category of people (Davis & Herman, 2007).

Conclusion

With such hindsight, it is apparent then that punitive criminal justice system would incarcerate individuals based on class and race. If the system was all-involving, and the principal aim was to rehabilitate, severe checks would be created to ensure that the law does not divide families. It has been long held true that a chain is as strong as the weakest link and by failing to shield the weak from class arrests, the society will hardly gain from the justice system.

References

Beatty, P. (2007).The vortex: The concentrated racial impact of drug imprisonment and the characteristics of punitive counties. Washington, D.C.: Justice Policy Institute.

Carter, M. (2008). Green Jobs, Not Jails. Scientific American, 908 (26), 111-132. Web.

Davis, R., & Herman, A. (2007).Victims of Crime (4th ed.). Los Angeles, CA: Sage.

McDonald, S. (2014). Shanesha Taylor, arrested for leaving children in the car during a job interview, speaks. The Washington Post. Web.

Shelden, R. (2006). Delinquency and Juvenile Justice in American Society. Long Grove, IL: Waveland Press.

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Weinstein, H. (2000). Psychiatric services in jails and prisons: A task force report of the American Psychiatric Association (2nd ed.). Washington, D.C.: American Psychiatric Association.

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IvyPanda. (2024) 'Punitive Versus Therapeutic Crime Management'. 23 February.

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IvyPanda. 2024. "Punitive Versus Therapeutic Crime Management." February 23, 2024. https://ivypanda.com/essays/punitive-versus-therapeutic-crime-management/.

1. IvyPanda. "Punitive Versus Therapeutic Crime Management." February 23, 2024. https://ivypanda.com/essays/punitive-versus-therapeutic-crime-management/.


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IvyPanda. "Punitive Versus Therapeutic Crime Management." February 23, 2024. https://ivypanda.com/essays/punitive-versus-therapeutic-crime-management/.

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