Examples Of Non Punitive Incarceration

Improved Essays
“If you justify punishment, you must justify intentional infliction of suffering” (Watson, Lecture 7). This essay will argue that the non-punitive incarceration of troubled children and youth, intellectually handicapped and mentally ill people is equivalent to punishment. This is valid, as inflecting suffering does not have to be physical. Keeping these individuals in custody longer than they need to be is a form of punishment. Many times these individuals are detained against their will and go through additional negative experiences during their detention although law makers and social agents of society argue that there is absolutely no intent to harm. When making the argument that non-punitive incarceration is equal to punishment it is important

Related Documents

  • Great Essays

    An estimated 250,000 youth are tried, sentenced, or incarcerated every year across the United States (campaign for youth justice). There is large controversy regarding whether or not children and young adults should be required to be sentenced as adults, regardless of their age and circumstance. This is believed to be the most logical way of approaching this matter because every case should undergo the same consequences despite the criminal’s circumstances. An opposing view would argue that it is necessary to take into consideration the situation of each criminal case before deciding on the punishment. They would also claim that children specifically, should be given another chance due to their lack of maturity.…

    • 1774 Words
    • 8 Pages
    Great Essays
  • Improved Essays

    In 2003, Andre Thomas viciously attacked and killed his ex-wife and her two children, and was sentenced to death row. His defense argued that he was not eligible for death row because of his mental state. The court ignored the argument and passed it off, saying that they were using his illness as an excuse to “get out of” maximum punishment. As demonstrated in this case, mental illness is not given the attention it deserves when determining a sentence. Cases such as these have aroused concern how fair the criminal court is towards the mentally ill.…

    • 1126 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Since February 1994, Jeff Jacoby has been an op-ed columnist for The Boston Globe, where the essay, “Bring Back Flogging,” was published on February 20, 1997(Jacoby 196). In this essay, Jacoby claims the argument that prison time is so inhumane and he also shows that there are many flaws of imprisonment. Therefore, he wants to persuade his audience that flogging is an effective method of punishing criminals. In order to completely understand Jeff Jacoby’s argument, I will show how he convinces his readers by analyzing his essay. Unlike general essay, Jacoby’s thesis is implied, but the readers can easily the main idea of his essay through the title.…

    • 726 Words
    • 3 Pages
    Improved Essays
  • Superior Essays

    Many of us have family members and friends who suffer from a mental disability. 1. The disability of many prisoners were as severe as Down’s syndrome or autism. They were looked down upon in society and were thought to be satanic. 2.…

    • 922 Words
    • 4 Pages
    Superior Essays
  • Improved Essays

    Pfeiffer’s article “A Death in the Box” discusses the unfortunate reality that the mentally ill are forced to face within the criminal justice system by detailing the life and tragic suicide of a young mentally ill woman named Jessica Roger. The article centers on the debate about the punishments given to mentally deficient inmates and reveals the main underlying problem the system faces in that “when people with mental illness end up in prison, the need to treat them collides with the need to keep prison order, and everything about the system favors the latter” (Pfeiffer 3). While maintaining order may seem to be more important at first glance, misinformation and improper treatment of the mentally ill inmates can lead to a worsening of the condition, behavior, or even physical and psychological harm to the people involved. Even worse that the neglectful actions the prisons exhibit when treating the patients, the disciplinary action enforced on those suffering from illness are unjust as the “mentally ill inmates are punished for exhibiting symptoms of illness that the system has failed to treat” (Pfeiffer 3). Therefore, not only does the criminal justice system neglect to provide the mentally ill with assistance and treatment, but also forces disciplinary action upon those they fail in the process leading to a population of mentally deficient inmates slowly having their life sucked away by a corrupt…

    • 1267 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Weeping in the Playtime of Others In reading Weeping in the Playtime of Others: America’s Incarcerated Children by Kenneth Wooden, I learned about the devastating, heartbreaking truths about how corrupt our juvenile legal system is. I knew there was probably some violence within the facilities, but I didn’t realize the extent of the torture and physical abuse the youth experienced within in the juvenile correctional facilities across America. I was shocked by the amount of youth that weren’t actually what we would consider criminals. These children were incarcerated because they were emotionally disturbed, mentally handicapped or because they ran away from home to escape a bad situation.…

    • 713 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    both penitentiaries and correctional facilities face progressing issues connected with the administration of prisoners with psychological well-being issues and Disabilities. A big issue with regards to the legality of corrections is that most jails are not generally furnished with the assets to manage wrongdoers' with mental issues or meet the needs of those with certain disabilities. The utilization of power is dependably an issue that revisions authorities are worried…

    • 558 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Solitary Definition

    • 1586 Words
    • 7 Pages

    These youth constantly faced the unfair punishment and stigmatization of a system that currently views not only the community but that also view the youth as undeserving. These youth come across a system that would criticize, accuse and exclude them from society. Needless to say, because these youth are disadvantage, it is “easy for politicians and officials to ignore the abuses they experience” (Johnson, 2016, pp. 51). Instead, institutions throw these youth in Solitary Confinement that demolish their mental…

    • 1586 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Unfortunately, however, the kind of prolonged isolation that so many Americans are subjected to can have devastating psychological effects, including depression, inability to control or maintain one’s strain of thought, violent contemplations, and suicidal thoughts. The havoc that solitary wreaks on an inmate’s mind and emotions makes it largely indistinguishable from psychological torture. Moreover, the long-term effects of solitary confinement often leave inmates severely traumatized, and make reintegrating into society immensely challenging. This paper will argue that the widespread use of prolonged solitary confinement in the United States must be abolished, as the practice is torturously cruel, and routinely works to harm those subjected to it with little benefit to the prison community at…

    • 1506 Words
    • 7 Pages
    Improved Essays
  • Great Essays

    In our criminal justice system, juveniles are treated far differently than adults, but many suffer similar issues. Amongst juvenile offenders, there is an overwhelming number of youths who have a mental illness, making it necessary for actions to be taken to help individuals. In the system, mental illnesses must be identified do crucial services can be provided to provide reoffending. Our juvenile justice system needs to identify the needs and concerns of mental illness, address the types that classify, determine the link of this to juvenile offenders, in order to study if they are being provided adequate services, as well as what needs to be improved and changed for the future.…

    • 1644 Words
    • 7 Pages
    Great Essays
  • Superior Essays

    Should juveniles be jailed for life? The young juvenile defendant wearing a tattered bright orange jumpsuit was glumly staring at his greasy sweaty hands. Beside him, his suave and professional lawyer was repetitively clicking his pen in nervousness. The judge was about to give the verdict.…

    • 1526 Words
    • 7 Pages
    Superior Essays
  • Great Essays

    Correctional officers are held legally responsible to analyze their prisoner’s mental health needs; which includes the delivery of medications, treatment, and other forms of therapy (Osher et al.). By refusing to comply with the law and neglecting to arrange mental health services to the mentally challenged during custody, the United States government has failed to protect and defend many of its citizens. Criminals with mental disorders may be as guilty as the convicted felon who committed first- degree murder, but they should be treated differently in the criminal justice system. For, they have the mental capacity of an ignorant child and their disorder should be accounted for when imprisoned. “Many individuals with behavioral health disorder under correctional control have diverse and complicated needs, but with appropriate supervision and services, they are capable of recovery and ending their criminal justice involvement” (Osher at al.).…

    • 2016 Words
    • 9 Pages
    Great Essays
  • Great Essays

    Correctional Ideology

    • 1878 Words
    • 8 Pages

    “The correctional ideology refers to a body of ideas and practices that pertain to the processing of offenders, as determined by law.” There are three main correctional ideologies: punishment, rehabilitation, and prevention. Throughout history, these have been the methods used to deal with offenders. The make-up of these ideologies connects to the public’s opinion of the criminals. Whether society has chosen an “eye for an eye,” a more humane standard, or a hope to prevent crime, these ideologies have no doubt changed throughout time to accommodate the public’s needs.…

    • 1878 Words
    • 8 Pages
    Great Essays
  • Superior Essays

    Pain and punishment are two words that interweave with each other in accordance with criminal justice. However, the way an individual is able to interpret these words can develop very different, and influential forms of thinking. Nevertheless, these developed forms of thinking allow individuals to form opinions on the subject, and aid in the formation our state. In this essay I am going to be explaining both Immanuel Kant, and Jeremy Bentham’s individual stances on punishment. This will include the theories of retributivism, and deterrence as leading factors to explain each theory.…

    • 1240 Words
    • 5 Pages
    Superior Essays