Monday, August 23, 2021

Reforms of the corrections system

 

The reform of the corrections system is an objective that has to be prioritized in the administration of criminal justice. Particular attention should be given to those groups in society that are often vulnerable to entering the corrections system since there is often a considerable chance of their being placed in overcrowded facilities. Among the most vulnerable tend to be women prisoners and children who are not only deprived of their liberty, but because they are often in the minority, their needs end up being ignored (Bloom et al., 1994; Sufrin et al., 2019). This is a problem that is quite significant because it creates an environment within which the overcrowded aspect of prisons ends up exacerbating the problems that these individuals encounter. In some nations, especially developing ones, there is a serious problem of overcrowding, which results in a situation where there are periodic amnesties aimed at relieving the problem. It is noteworthy that the growth in demand for prison places has creates an environment where private companies will often seek to ensure that they make a profit from the construction and administration of prisons (Enns & Ramirez, 2018). While this may be the case, it is pertinent that the construction of new prisons does not solve the problem of overcrowding and instead, it creates an environment within which the same problems end up being encountered over again. This paper considers overcrowding one of the biggest problems facing the corrections system which results in a scenario where the inmates can end up in life-threatening situations or prevent prisons from fulfilling the purpose for which they were designed. It considers the way that overcrowding can be prevented through the use of early parole and initiatives aimed at preventing recidivism.

Effectiveness of early parole

One of the most effective means of ensuring that there is a fix to the overcrowding in prisons is to ensure that prisons are used for their main function; rehabilitation. This ensures that those individuals that have been determined as reformed should be provided with early parole as a means of allowing them to go back to their normal lives as soon as possible (Kelly et al., 2020). The administration of prisons, under such circumstances, has to be undertaken in a way that is both cost effective and humane in order to bring about the promotion of greater effectiveness to the process. Furthermore, it is necessary to make sure that there is an understanding of the reasons behind the inmates being in the prisons and the best way through which they can be assisted in attaining rehabilitation. Information concerning inmates and why they are in the prison is critical because it allows for the promotion of greater effectiveness in the provision of early parole as well as ensuring that the inmates themselves do not end up returning to the system. Accurate and timely information is therefore critical to the welfare of inmates, especially those who have been incarcerated for minor offenses because they can be assisted towards returning to life in society. Prisons have to be run in such a way that meets international standards meaning that it is essential for the criminal justice system to make sure that it puts measures in place aimed at promoting the interests of both the inmates and society. It is also necessary to make sure that there is the promotion of initiatives that are aimed at the reduction of crime because the latter is critical to the reduction in overcrowding in prisons.

Prevention of unnecessary incarceration

There is the need to review and reform the process of criminal justice. This reform should be undertaken from the arrest to release processes as well as investment in the reduction and prevention of crime (Sawyer & Wagner, 2020). It is essential to consider that prior to undertaking the reforms, there should be a reflection on the manner through which the incarceration of individuals often comes about following a process that involves legislators, policymakers, prosecutors, the police, as well as the judicial system. The extent to which imprisonment is made use of tends to be based on the manner through which there has been the growth of considerable inequality in society as well as the lack of investment on effective social policies aimed at the prevention of crime. The reduction of the prison population is not simply a matter of establishing measures aimed at acting as alternatives to incarceration, despite the importance of the latter. Instead, it is a process that should involve a scenario where social and situational measures are put in place in order to use alternatives to the resolution of disputes and other harms without necessarily resorting to criminal law because such a scenario has the potential of greatly reducing the chances of individuals ending up in prison. One of the best means to ensure that there is an increase in is through the use of restorative justice as well as informal approaches to justice, which allow the parties involved in a dispute to settle their issues without necessarily getting the criminal justice system involved.

Prevention of recidivism

Moving minor cases out of the criminal justice system to prevent recidivism

It is necessary to ensure that minor cases are moved out of the criminal justice system. This process ensures that there is the advancement the standards and norms recognized internationally where incarceration is only used as a last resort (Jareborg, 2004). This process is essential because it ensure that the sentencing of individuals to incarceration is proportionate to the crimes that they have committed. Therefore, in order for prisons to play the role of rehabilitation, which is their main purpose, minor cases have to be diverted from the criminal justice system and instead resolved using alternative means. The latter allows for the reduction of overcrowding in prisons while at the same time bringing about a scenario where only the most pertinent of cases pass through the criminal justice system. Also, it ensures that sentencing is proportionate to the crimes that have been committed rather than simply using incarceration as a means of punishing every crime. An approach such as the one used by some countries in Western Europe involves the use of restorative justice or police cautions, which have been proven to work better than incarceration since they provide an opportunity for individuals to change their behavior on their own (Matthews et al., 2018). The use of prosecutorial fines as well as referring individuals to drug treatment or mental health facilities is critical to preventing them from getting incarcerated through the criminal justice system for crimes that are not proportionate to their sentencing. Therefore, in order for this option to be successful, human rights have to be observed, because they provide an avenue through which minor offenses are settled without resorting to the criminal justice system; allowing for the significant reduction in overcrowding in prisons.

Effective representation in the criminal justice system

The most important aspect of corrections reform is through the implementation of initiatives aimed at reducing chances of individuals getting incarcerated disproportionately. This is an extremely important step because it allows for a consideration of the cases that individuals have and the manner through which they can be assisted in attaining a fair trial so that if proven innocent, they can be set free (Renzulli, 2021). One of the most pertinent steps that can be taken in this situation is having an increase in legal aid as well as making paralegals available to ensure that advice to defendants is given. Moreover, there is the need to ensure that individuals that effective reforms to the criminal justice system that include regular case reviews are undertaken. This provides an avenue for those individuals that have either been wrongfully convicted or have the potential of getting incarcerated not because of their actions, but rather their past record, maintain their freedom.

Conclusion

This paper discusses corrections reform in the context of ensuring that the problem of overcrowding in prisons is fixed through early parole and the prevention of recidivism. A number of suggestions have been made, including ensuring that overcrowding is fixed through making sure that prisons are used for their main function, which is rehabilitation. Furthermore, there is the need to ensure that there is a review and reform of the various processes within the criminal justice system so that it becomes more effective while at the same time focusing solely on major offenses. Finally, it is pertinent to make sure that minor cases are moved out of the criminal justice system and other means of arbitration, including restorative justice, are used to prevent incarceration.

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