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To Punish or Not To Punish: Delgado 1

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Delgado 1

Sofia E. Delgado-Rodriguez
Ms. Diwa
Humanities Honors
December 11, 2015
To punish or not to punish

Penal Institutions have an immensely important role to play in the safeguarding of the
community against the most alarming offenders and in imposing the uttermost serious crime
punishments. Nevertheless, experiences and investigation on such topics have demonstrated the
tremendous harm, abuse from authorities over imprisonment can make. It does not only harm an
inmates capability and potential as former and to-come citizens, but also bestows upon them a
terrible label that will prosecute them for life.
Although the principles stated in the corresponding system (The Criminal Justice System)
could provide prisons with educational and employment opportunities, there have been many
other priorities to this. With the previous information said, it is highly assured prisoners will not
be well fitted to re-enter society once they are released. Considering this a major issue to the
extend of our current day, an alternative to the flaws in the system must be made. With no other
do, I would like to explain my reasoning to this thoroughly over the next paragraphs.

As far as morality goes, we are taught from a young age to love our enemies. It seems to
be, prisons are driven to move contradictory to this, hate your enemies and harm them. It
expresses the sense and perception of grievance and revenge towards others unforgiven actions.
Prisoners will answer with violence for the violence that has been perpetrated against them in

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prison.3 To understand, one must visualize what the life for an inmate is behind the walls. The
ambiance and conditions of a Correctional Institute should mimic in every way possible those of
which we want prisoners to behave upon their granted freedom. In spite of the fact sounding
horrifically offensive: If we are to treat prisoners as animals, they shall react as one. This is what
the people want, for there to be punishable faculties for violators of the law. The tragic situation
is, we are not all fully aware of the consequences imprisonment may have as it is practiced. We
should not forget what the definition of the Criminal Justice System is, a reforming and/or
correctional systematic agency. It is the set of agencies and processes established by government
to control crime and impose penalties on those who violate laws. 2 According the the great sir
Robert E. Roberts, when someone talks about reform, you talk about transforming prisoners
lives in a positive way.3 Are inmates given the means and tools for this; is it entirely the
offenders fault the crime is an endless cycle?

When the criticism and blame is put on this faulty system, there is no justification as to
why the people might be irritated and pleased (at the same time) with the criminal justice
agencies. Certainly, it is not exclusively the entitys responsibility, for there is a great capacity to
improve and correct the mishandled work. What I mean to transmit is the extent of development,
in other words, alternatives that there are to enhance prisons.
One may review other countries justice system and ask themselves, why is ours, The
American Criminal Justice System, in such pitiful conditions? In order to interpret this inquires,
we should probably look at the prison system in Norway. The country commits and relies on the
concept of restorative justice, this which targets as a purpose the repairing of the harm caused
by crime rather than punishing the people; it focuses on rehabilitating prisoners. Ironically, the
American System is labeled criminal justice, with no given context as to restoring or

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rehabilitating justice/inmates lives. What Norwegian authorities deliver is the concept that
neglecting someones freedom is enough of a punishment as there is. 4 They seek to prepare
detained people for life outside the prison walls, in order for there to be harmony and
cooperation among them all. In progress to this, vocational programs such as woodworking,
assembly workshops, and even recording studios are brought to the rehabilitative prison gates.
What the country undertakes, is the obligation of making sure prisoners do not go back to
incarceration. Americans want their prisoners punished first and then rehabilitated second. Arne Wilson.4 To show the determination and seriousness Norway has upon its rare approach,
prisoners have a maximum sentence of 21 years. It is the authorities decision as to when an
inmate is fully rehabilitated, ready to leave. This way of approaching crime seems to be
effective, for there is a total population of 3,710 as of 2015 (less than 1% of the US criminal
community).5
It is not only the perspective with which they see a solution, but the environment they
implement as well; the prison accommodations have somewhat of a hotel feel to it. To those
operating this system, the short sentences and well-equipped cells, make complete sense. 4 So
what alternatives to imprisonment are there? According to courts from the far lands of England,
they say there are three substantive alternatives to prison available: Instead of leaving an inmate
inside a cell for 20 to 30 years, they would have something called Community Punishment Order,
this means they will work physically and emotionally for a minimum of 40 and a maximum of
240 hours of unpaid community work.4 Offenders could also have an electronic monitoring as an
alternative to prison; this is also called house arrest. For drug addicts, a treatment and/or testing
order would be regulated; they will have regular check-ups in response of the treatment given.
Should we implement something similar? Would it be a waste a time? Do you want people who

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are angry - or people who are rehabilitated? - Hoidel, Halden Prison director.4

Now I ask, what is the series of occurrences that repeat over and over again in our jury
and prison trials? Poverty. The cycle are people in lower social classes. In 1991, more than half
of all state prisoners reported an annual income of less than $10,000 prior to their arrest. 6 They
are the ones targeted, they are the ones blamed, they are the ones cornered to injustice, for which
they claim. In order for us to understand, this never ending circle must be explained with an
example: A young man has a family, they live in a small austere ambient and with a humble
living wage. In search of worthier opportunities, he seeks easier and better ways as to gain
salary. He finds there is an alternative, and this is negotiating drugs, seems guiltless. Seemingly,
because of this, he is arrested and sent to jail for fifteen years. He finally is released and free to
go back to his family life, but the situation is he will not be given a second chance. Now, the man
will go back to the easy and better salary gain, drugs. The cycle will not end.
What is it that must be done in order for there to be a stop to this? Should we really give
prisoners a second chance? Prisons have two main responsibilities and/or purposes, that of
punishing offenders of the law and rehabilitating them into society once more. Nonetheless, it
serves as an isolator for people and protector of the public. As a community, we have prioritized
public safety of our citizens over programs that are to change a prisoners personal growth and
life. Sadly, the overreaction and over-prevention of authorities has taken it to an extend of simply
being an abused system. We think that by tossing all the offenders into a cell and then judging
them for life, is a great way as to fight crime. What we really need to do is find an effective way
to restore the 2.4 million inmate lives for the better! We are putting people in prison, many times,
for non-violent crimes and turning them out more violent and dangerous than when they went
in.1 This, here, is the reason of our uncontrollable incarceration rates.

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So now, I have found many flaws to a system that has directed and controlled criminal
justice far many more years than those I have lived, and I immediately feel with the authority to
dictate what is to be done next? Too hard of a job, dont you think?
There are times when we forget what the real meaning of the word inmate, prisoner,
offender means, we cut the value of such wording and obliterate what is behind it; a person. A
person who deserves a second chance in life, to be reintegrated. A sentence of imprisonment
dispossess the right to liberty, the right to think. I am not saying rehabilitative agencies should be
removed, but improved. Let us not forget a prisoner is still a prisoner, a violator of the law. It
may take us twenty years to a century, but excellence can be achieved, the only thing needed is
you. Someone as brave as to come out of the crowd and take a stand into the unknown, alarming,
and intimidating. A stand for transformation.

Bibliography

1) Alternatives to incarceration are cutting prison numbers, costs and crime. The
guardian. Guardian News, 4 July 2013. Web. 29 November 2015.

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2) The Criminal Justice System. The National Center for Victims of Crime. Myriad
Media, 2008. Web. 29 November 2015.

3) Point of View: Prison: To Punish or to Reform? POV. PBS, 16 December 2013.


Web. 29 November 2015.

4) Sterbenz, Christina. Why Norways prison system is so successful. Law and


Order. Business Insider, 11 December 2014. Web. 29 November 2015.

5) United Nations Office on Drugs and Crime. United Nations Office on Drugs
and Crime. UNODC, 2015. Web. 29 November 2015.

6) Defending Justice: An Activist Resource Kit. Poverty and Criminal Justice


System. Political Research Associates (2005). PDF file.

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