Alternatives to imprisonment

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The alternatives to imprisonment are types of punishment or treatment other than time in prison that can be given to a person who is convicted of committing a crime. Some of these are also known as alternative sanctions. Alternatives can take the form of fines, restorative justice, transformative justice or no punishment at all. Capital punishment, corporal punishment and electronic monitoring are also alternatives to imprisonment, but are not promoted by modern prison reform movements for decarceration due to them being carceral in nature.

Contents

Reformers generally seek to reduce prison populations and make increased use of alternatives with a focus on rehabilitation. The main arguments for this are that these responses reduce the chance of reoffending, reduce cost burdens on the state and reduce prison overcrowding.

Arguments for alternatives

Academic studies are inconclusive as to whether high imprisonment rates reduce crime rates in comparison to low imprisonment rates. [1] While they at least remove offenders from the community, [1] [2] [3] there is little evidence that prisons can rehabilitate offenders [4] [5] or deter crime. [3] Some inmates are at risk of being drawn further into crime. They may make friends with other criminals, have their medical or mental health needs neglected or endure further abuse from other prisoners and even staff. If the prisoner is a parent, the family will suffer from the parent's absence. Released prisoners commonly have difficulty finding work and earning a legal income. As a result, most countries have high recidivism rates. In the United States, 67.8% of released prisoners are rearrested within three years and 76.6% are rearrested within five years. [6]

Prison reformers argue in favor of reducing prison populations, mainly through reducing the number of those imprisoned for minor crimes. A key goal is to improve conditions by reducing overcrowding. [7] Prison reformers also argue that alternative methods are often better at rehabilitating offenders and preventing crime in the long term.

Alternative

Periodic detention

Periodic detention is a type of custodial sentence under which the offender is held in prison periodically, for example between Friday and Sunday evenings each week, but is at liberty at other times. Promoted by prison reformers as an alternative to imprisonment, periodic detention drew praise for allowing offenders to continue working, maintain family relationships, and avoid associating with more dangerous criminals in traditional prisons. It was also considerably less expensive to administer. [8]

Addressing crimes involving sexual offenders

Although there have been changes in the way sex offenders are treated in the last twenty years, there is a need to differentiate between the different types rather than placing them in the same box. By using a compassionate approach, possible sex offenders (those addicted to pornographic images, for example) might seek help before they commit any kind of crime. Therefore, some argue that sex offending needs to be seen within a public health framework rather than a criminal justice one. [9]

Alternatives for minors

It is crucial to understand how alternatives to incarceration or detention for minors are developed and implemented. Investigations show that incarceration and education are closely associated. Restorative justice in the forms of boot camps and military programs adopted into public education options is starting to be considered. A variety of programs for anger management, self-esteem, etc. have been developed and those working with academics are called upon to develop such alternatives. It is shown that people in society are willing to pay for rehabilitation for juvenile offenders as opposed to other forms of punishment. [10] Kentucky has passed a bill in which the state encourages community-based treatment over detention for juveniles. [11] Some of the measures introduced early intervention process, evidence-based tools for screening and assessing juveniles, or placed limits on the maximum out-of-home placement time. [12]

Nancy Stein emphasizes on deinstitutionalizing young people by creating community-based alternatives. Many of these alternative programs in which Stein suggests are ones that are started by the community as they want to reduce the percentage of adolescents being institutionalized. One of the community programs is the Omega Boys Club where their goal is to build relationships with young people and help them make wise decisions in life. As a result, the Omega Boys Club has contributed in decreasing the rate of juvenile crime. This article shows that there are many people committed in lowering crime rates within their communities and will do whatever they can to help keep the future leaders of our nation out of trouble. The constant involvement with youth in these not well off communities is what John Brown Childs believes as "youth who actively work for peace and against violence as the inspiration for strategic direction and community rebirth." Thus more community based alternatives to incarceration can help to lower the number of people in prison. [13]

Family involvement

Family Group Conferences have been used in New Zealand since 1989 as part of both the youth justice and the care and protection process for children to address offending by children and young people as well as child abuse.

Alternatives for drug users

Despite the efforts of organization groups, such as the American Bar Association, in promoting alternatives to imprisonment, they seem to be ignored when it comes to the federal government. Some alternatives introduced in this article include confinement, community service, tracking devices, and expanded terms in halfway houses. Some other ideas include an increase in supervision for a decrease in time as an alternative to long-term imprisonment. This technically would not be an alternative to incarceration, but rather to full-term supervision. There are often cases such as with parents and drug abusers that need special attention and aren't so easy to incarcerate. Some argue that for less dangerous criminals, treatment facilities should be the first option. The Residential Drug Abuse Program helps inmates addicted to drugs get released early through the overcoming of their own addictions. [14]

Restorative justice

Native American communities, particularly reservations in the United States and Canada, have had a reputation for high crime rates. Restorative justice is an important alternative to prison in these communities. Native Americans are largely overrepresented in Western penal systems, and are moving towards self-determination in administering restorative justice to their communities. Some alternatives that have been suggested are community-based programs, participation in Western sentencing circles, and re-institution of traditional corporal punishment. [15] A successful example of this is the Miyo Wahkotowin Community Education Authority, which uses restorative techniques at the three Emineskin Cree nation schools it operates in Alberta, Canada. The Authority has a special Sohki program which has a coordinator work with students with "behavioral issues" rather than punish them and has had successful results. [16] [17]

Alternative programs by location

Canada

In the Community Based Alternatives to Incarceration in Canada, Richard M. Zubrycki argues that by "the Canadian criminal justice system supporting the safe use of community alternatives (there would be a significant decrease) in the prison populations" (Zubrycki). He discusses mainly about community alternatives such as first time offenders receiving intervention that would help them not to commit the crime again. Another successful alternative is the Canadian government provides families with family group counseling; this is significant because it builds a stronger- closely connected support group that helps to decrease the chances of that person committing the crime again. Canada has also researched and tried to understand what Community Program works best for different types of crime offenders. From their research and perseverance "today their prison population is low and is dropping" (Zubrycki, Community Based Alternatives to incarceration in Canada). [18]

United states

In the United States, Law Enforcement Assisted Diversion (LEAD) is a model framework that provides police with an alternative to criminal prosecution in cases involving low-level crimes related to drug use, mental health issues, and poverty. The multi-agency approach allows police officers to refer individuals to behavioral health services rather than arrest them. The model was developed in Seattle, Washington, where a pilot program was launched in 2011. LEAD programs have since been adopted nationally in the US. [19] [20]

New York

New York City, the largest city in the United States, has created important alternatives to incarceration (ATI) program for its prison system. Judges have the option of sending those with misdemeanors or felonies to this program instead of giving them a prison sentence. The program has four categories: general population, substance abusers, women, and youth. The program has a 60% success rate, which is relatively high. Offenders who fail the program receive a mandatory prison sentence, which gives them good incentive to succeed. Those who don't succeed tend to have a past with incarceration. As the biggest city in the United States, New York City is often a trendsetter for other cities. This program could be the first of many in the United States, which could help lower incarceration rates. [21]

Maryland

Maryland started with the goal of reducing the state's prison population. They developed a legislative reform package that was projected to reduce the state's prison population by 14 percent and save $247 million over the next decade. The Justice Reinvestment Act signed into law by Maryland Governor Larry Hogan in May 2016 has advanced research-based sentencing guidelines and the policies that govern corrections in the state. By reducing the number of people in the state's prison population, they are also reducing the number of children in the state which have parents that are incarcerated. These policy changes have a direct effect on the lives of these children. The Justice Reinvestment Act made changes to mandatory minimum drug penalties and it put caps on the prison sentences that can be imposed for technical violations of supervision. Certain low-level offense are handled by an administrative parole process for nonviolent offenses. Maryland examined and researched why alternative sentencing is needed and one of the main reasons is because it discovered that nonviolent crimes accounted for most prison sentencing.

See also

Related Research Articles

<span class="mw-page-title-main">Restorative justice</span> Restitution with input from victims and offenders

Restorative justice is an approach to justice that aims to repair the harm done to victims. In doing so, practitioners work to ensure that offenders take responsibility for their actions, to understand the harm they have caused, to give them an opportunity to redeem themselves, and to discourage them from causing further harm. For victims, the goal is to give them an active role in the process, and to reduce feelings of anxiety and powerlessness.

<span class="mw-page-title-main">Incarceration in the United States</span> Form of punishment in United States law

Incarceration in the United States is one of the primary means of punishment for crime in the United States. In 2023, over five million people were under supervision by the criminal justice system, with nearly two million people incarcerated in state or federal prisons and local jails. The United States has the largest known prison population in the world, it has 5% of the world’s population, and 20% of the world’s incarcerated persons. China, with four times more inhabitants, has fewer persons in prison. Prison populations grew dramatically beginning in the 1970s, but began a decline around 2009, dropping 25% by year-end 2021.

<span class="mw-page-title-main">Recidivism</span> Person repeating an undesirable behavior following punishment

Recidivism is the act of a person repeating an undesirable behavior after they have experienced negative consequences of that behavior, or have been trained to extinguish it. Recidivism is also used to refer to the percentage of former prisoners who are rearrested for a similar offense.

<span class="mw-page-title-main">Prison reform</span> Reform of the prison system

Prison reform is the attempt to improve conditions inside prisons, improve the effectiveness of a penal system, or implement alternatives to incarceration. It also focuses on ensuring the reinstatement of those whose lives are impacted by crimes.

<span class="mw-page-title-main">Drug court</span> Type of court

Drug courts are problem-solving courts that take a public health approach to criminal offending using a specialized model in which the judiciary, prosecution, defense bar, probation, law enforcement, mental health, social service, and treatment communities work together to help addicted offenders into long-term recovery. Instead of punishment, their purpose is to address one of the underlying drivers of crime and, in the process, reduce the use of imprisonment, potentially leading to substantial cost-savings. Drug courts aim to do this by incentivizing or mandating offenders into addiction treatment combined with frequent drug testing and regular monitoring by the judge.

<span class="mw-page-title-main">Rehabilitation (penology)</span> Process to re-integrate a person into society

Rehabilitation is the process of re-educating those who have committed a crime and preparing them to re-enter society. The goal is to address all of the underlying root causes of crime in order to decrease the rate of recidivism once inmates are released from prison. It generally involves psychological approaches which target the cognitive distortions associated with specific kinds of crime committed by individual offenders, but it may also entail more general education like reading skills and career training. The goal is to re-integrate offenders back into society.

Community sentence or alternative sentencing or non-custodial sentence is a collective name in criminal justice for all the different ways in which courts can punish a defendant who has been convicted of committing an offense, other than through a custodial sentence or capital punishment (death).

<span class="mw-page-title-main">American juvenile justice system</span> Aspect of American justice system

The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution. The juvenile justice system intervenes in delinquent behavior through police, court, and correctional involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults.

<span class="mw-page-title-main">Deterrence (penology)</span> Use of punishment as a threat to deter people from offending

Deterrence in relation to criminal offending is the idea or theory that the threat of punishment will deter people from committing crime and reduce the probability and/or level of offending in society. It is one of five objectives that punishment is thought to achieve; the other four objectives are denunciation, incapacitation, retribution and rehabilitation.

<span class="mw-page-title-main">Incapacitation (penology)</span> One of the functions of punishment

Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment. It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes. Incarceration, as the primary mechanism for incapacitation, is also used as to try to deter future offending.

<span class="mw-page-title-main">Prison</span> Institution in which people are legally physically confined

A prison, also known as a jail, gaol, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where people are confined against their will and denied a variety of freedoms under the authority of the state, generally as punishment for various crimes. Authorities most commonly use prisons within a criminal-justice system: people charged with crimes may be imprisoned until their trial; those who have pled or been found guilty of crimes at trial may be sentenced to a specified period of imprisonment.

<span class="mw-page-title-main">Youth incarceration in the United States</span>

The United States incarcerates more of its youth than any other country in the world, although reports claim China has around 600,000 juveniles imprisoned which would be more than the US, through the juvenile courts and the adult criminal justice system, which reflects the larger trends in incarceration practices in the United States. In 2010, approximately 70,800 juveniles were incarcerated in youth detention facilities alone. As of 2006, approximately 500,000 youth were brought to detention centers in a given year. This data does not reflect juveniles tried as adults. As of 2013, around 40% were incarcerated in privatized, for-profit facilities.

<span class="mw-page-title-main">Criminal justice system of the Netherlands</span> Overview of criminal justice system in the Netherlands

The criminal justice system of the Netherlands is the system of practices and institutions of the Netherlands directed at upholding social control, deterring and mitigating crime, and sanctioning those who violate laws with criminal penalties and rehabilitation efforts. The Netherlands' criminal code is based on the Napoleonic Code, imposed during the time of the French Empire. The Dutch largely kept the Napoleonic Code after their independence, but tempered it with a significantly more rehabilitative penological focus.

A rehabilitation policy within criminology, is one intending to reform criminals rather than punish them and/or segregate them from the greater community.

Prison overcrowding is a social phenomenon occurring when the demand for space in prisons in a jurisdiction exceeds the capacity for prisoners. The issues associated with prison overcrowding are not new, and have been brewing for many years. During the United States' War on Drugs, the states were left responsible for solving the prison overcrowding issue with a limited amount of money. Moreover, federal prison populations may increase if states adhere to federal policies, such as mandatory minimum sentences. On the other hand, the Justice Department provides billions of dollars a year for state and local law enforcement to ensure they follow the policies set forth by the federal government concerning U.S. prisons. Prison overcrowding has affected some states more than others, but overall, the risks of overcrowding are substantial and there are solutions to this problem.

<span class="mw-page-title-main">Incarceration prevention in the United States</span> Methods to reduce prison populations in America

Incarceration prevention refers to a variety of methods aimed at reducing prison populations and costs while fostering enhanced social structures. Due to the nature of incarceration in the United States today caused by issues leading to increased incarceration rates, there are methods aimed at preventing the incarceration of at-risk populations.

<span class="mw-page-title-main">Criminal justice reform in the United States</span> Reforms seeking to address structural issues in criminal justice systems of the United States

Criminal justice reform seeks to address structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Reforms can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, sentencing and incarceration. Criminal justice reform can also address the collateral consequences of conviction, including disenfranchisement or lack of access to housing or employment, that may restrict the rights of individuals with criminal records.

Prisoner reentry is the process by which prisoners who have been released return to the community. Many types of programs have been implemented with the goal of reducing recidivism and have been found to be effective for this purpose. Consideration for the conditions of the communities formerly incarcerated individuals are re-entering, which are often disadvantaged, is a fundamental part of successful re-entry.

<span class="mw-page-title-main">Incarceration in Norway</span> Overview of incarceration in Norway

Norway's criminal justice system focuses on the principles of restorative justice and the rehabilitation of prisoners. Correctional facilities in Norway focus on maintaining custody of the offender and attempting to make them functioning members of society. Norway's prison system is renowned as one of the most effective and humane in the world.

<span class="mw-page-title-main">Decarceration in the United States</span> Overview article

Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or custodial supervision. Decarceration, the opposite of incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. As of 2019, the US was home to 5% of the global population but 25% of its prisoners. Until the COVID-19 pandemic, the U.S. possessed the world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited. As a result of the push for decarceration in the wake of the pandemic, as of 2022, the incarceration rate in the United States declined to 505 per 100,000, resulting in the United States no longer having the highest incarceration rate in the world, but still remaining in the top five.

References

  1. 1 2 Clear, Todd R. (2007). Imprisoning Communities: How Mass Incarceration Makes Disadvantaged Neighborhoods Worse. Oxford University Press. ISBN   9780199885558. Archived from the original on 2016-04-29.
  2. ↑ John D. Lofton Jr. (14 April 1975). "The case for jailing crooks". The Telegraph-Herald. p. 4.
  3. 1 2 "Five Things About Deterrence" (PDF). National Institute of Justice. Retrieved 2018-05-14.
  4. ↑ Roberts, Julian V. (2004). The Virtual Prison: Community Custody and the Evolution of Imprisonment . Cambridge University Press. p.  1. ISBN   9780521536448.
  5. ↑ Jewkes, Yvonne; Bennett, Jamie, eds. (2013). "Rehabilitation". Dictionary of Prisons and Punishment. Routledge. ISBN   9781134011902. Archived from the original on 2016-06-03.
  6. ↑ "Recidivism". National Institute of Justice. Archived from the original on September 10, 2015. Retrieved September 15, 2015.
  7. ↑ Handbook of basic principles and promising practices on Alternatives to Imprisonment (PDF). United Nations. April 2007. ISBN   978-92-1-148220-1. Archived (PDF) from the original on 2013-03-19.
  8. ↑ Jacobsen, Sean Nicholls and Geesche (2010-06-10). "Death sentence for periodic detention". The Sydney Morning Herald. Retrieved 2019-03-27.
  9. ↑ Soothill, Keith (2010). "Sex Offender Recidivism". Crime and Justice. 39 (1): 145–211. doi:10.1086/652385. JSTOR   10.1086/652385. S2CID   143280628.
  10. ↑ Meiners, Erica R. (2011). "Ending the School-to-Prison Pipeline/Building Abolition Futures". The Urban Review. 43 (4): 547–565. doi:10.1007/s11256-011-0187-9. S2CID   143642442.
  11. ↑ "New bill takes state juvenile justice system back to drawing board – treatment, not jail". Ky.gov. Archived from the original on 2014-09-18. Retrieved 17 September 2014.
  12. ↑ "SB200" . Retrieved 17 September 2014.
  13. ↑ Stein, Nancy; Katz, S.; Madriz, E.; Shick, S. (1997). "Losing a Generation: Probing the Myths and Realities of Youth and Violence". Social Justice. 24 (4): 1–6. Retrieved 20 March 2012.
  14. ↑ Demleitner, Nora V. (1 October 2009). "Replacing Incarceration: The Need for Dramatic Change". Federal Sentencing Reporter. 22 (1): 1–5. doi:10.1525/fsr.2009.22.1.1.
  15. ↑ Mundahl, Erin (25 April 2017). "Should Native American Tribes Have Their Own Criminal Justice Systems?". InsideSources.
  16. ↑ Wildcat, Matthew (2011). "Restorative Justice at the Miyo Wahkotowin Community Education Authority". Alberta Law Review. 48 (4): 919–943. doi: 10.29173/alr140 . Retrieved 20 March 2012.
  17. ↑ Milward, David. (1 January 2008). "Not Just the Peace Pipe but also the Lance: Exploring Different Possibilities for Indigenous Control over Criminal Justice". Wíčazo Ša Review. 23 (1): 97–122. doi:10.1353/wic.2008.0003. S2CID   56351327.
  18. ↑ Zubrycki, Richard M. (2002). "Community-Based Alternatives to Incarceration in Canada" (PDF). United Nations Publications. 61. Archived from the original (PDF) on 2016-03-04. Retrieved 2012-04-23.
  19. ↑ "Law Enforcement Assisted Diversion (LEAD): A multi-site evaluation of North Carolina LEAD programs" (PDF). Duke University School of Medicine . 2022. Retrieved Mar 21, 2024.{{cite web}}: CS1 maint: url-status (link)
  20. ↑ "Law Enforcement Assisted Diversion (LEAD) Grant Program" (PDF). Washington State Health Care Authority. Retrieved Mar 21, 2024.{{cite web}}: CS1 maint: url-status (link)
  21. ↑ Porter, Rachel; Lee, S.; Lutz, M. (2011). "Balancing Punishment and Treatment: Alternatives to Incarceration in New York City" (PDF). Federal Sentencing Reporter. 24 (1): 26–29. doi:10.1525/fsr.2011.24.1.26 . Retrieved 13 March 2012.[ permanent dead link ]
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