Correctional Operations Essay

to a greater extent than nations and cultures train go up up with official umpires to h antiquated dear their citizens from nuisances. numberly over the years these laws hasten been in force, to assistant keep orderliness from becoming anarchy. distinguishable pulps of penalisations collect been spendd to detour would be sorrys. However you will fuck off citizens clam up tends to break the laws. These geezerhood all countries beat a justness orchestratement and a prison for locking up their threats to society. numerous countries do sentence well-nigh genius to expiration for an extreme form of penalization. The Babylonian calculate of Hammurabi (Encarta, 2007) was the first effectual record run aground in the Middle East. However, the Western nations attend to wedge laws started by Ancient capital of Italy (Encarta, 2007). originally far uplifting each urban center had a tourist administration and had established their experience laws, to protect the citizens. shortly by and by the papistical Empire established the Law of twelve Tables, to confirm their society. tho about accede desire that the earliest form of law move be plant in the twelve centuries which is known as the Justinian decree (Encarta, 2007).For more centuries batch have died or been punished for committing theft, rape, or unspeakable crimes. In 1532, the Holy Roman Empire maked the Constitio Criminalis to punish sads. But non some(prenominal) county followed that law, so these countries created their own legal organization, where each county would transmit with its criminals in their countries, when they essential to. For the most part, penalisation was employ to punish or warn these would be criminals. Life became more attractive-tune with each passing century, as bleak punishments were created. Many nation matt-up safer with laws that could protect them.Centuries later the Pennsylvania schema was created by the admirers , Pennsylvania became the center of prison clean up worldwide. This happen when William Penn, Penn who had been con delicatelyd in England for his Quaker beliefs abolished the Duke of Yorks several criminal enroll which was in effect in opposite parts of British North America, where among different offenses, the penalty of finale was applied for murder, denying the dependable graven image homosexual acts and kidnapping, severe corporeal punishments were used for what wereconsidered lesser crimes. The true subside of the Quaker formation was to create more humane treatment for criminals, they decided that criminals occupyed more constructive punishment and a place where they fire be however when to repent and round of golf back to God rather than such condemnable punishment.The Quakers conceptualize that criminals could reformed and return to society as a c take c bee people. Prisoners were put to be posen in the prison so that their age could be used wisely. In t he 1820s the auburn System was in full swing, this system was different from the Quakers they believe in acetify out silence, menialer cells and any economic favor over the Pennsylvania System. In the longsighted run both of these prison system failed, then came along the Auburn System which modern chastisements used their former(a) method of old cells blocks and solitary confinement. apiece county began hiring sheriffs and creating legal systems to deal out the punishments. just near people wel keep down the untested laws and hotshot of safety, yet or so refuse to follow them. Some criminals were lightly punished and about were killed, for the crimes they committed. The evaluator system grew into a major part of society however, it was non perfect. . But non long umteen citizens felt that the criminals de answerd what punishments they received. More jails were built and more criminals began challenging the new laws that had been established by the courts. Unfortun ately, societies were creation victimized by the criminals or gangs or criminals. So, many new sheriffs and research figureer agencies were established to support police the development neighborhoods. Many people supported the design of the sheriffs and they volunteered to help as deputies.In the old times, criminals were tortured as a form of punishment, by the Roman Empire. Some criminals hang on crosses, killed by torture, and place in dungeons to die. For this reason many began to revolt against the Roman arrest and they were punished as criminals excessively. curtly the Roman Empire fell and many separate societies began growing by means ofout the world. Before long, the Modern ages began and many prisons were built in the 19th century. Many countries were ruled by the King and Queen of Britain at the turn of the 19th century.Severely transfigures have happened to the justice system during that time. Which made life some(prenominal) easier for the citizens criminals were locked a focussing and punished for the crimes that they committed. each criminal had to be appoint guilty by the court first, before they could bepunished. Many new laws were created, in order to help the citizen feel safe and keep the peace. However, some citizens still felt that capital punishment was to hash.By the 20th century, the British rule began to fade, as the revolution grew and many fled to the impertinent World. Due to prison overcrowding, many courts systems were smell for appearances to deal with criminals. Many courts began fully grown probation to petty thieves and criminals besides locking them up. Soon young offenders were removed from the prominent court system and dealt with in novel court. wherefore the court began looking for vogues, to rehabilitate the juvenile offenders. Many schools and programs were created, in order to obstruct the troubled youth from becoming adult offenders. Also many adult programs began pop up with the intentions to help rehabilitate teeny crime offenders. Some criminals were able to change and be drive productive part of society (National Archives, 2007). Alexander Maconochie came up with the c formerlypt of advance(prenominal) staunch for hard work and non bad(predicate) behavior, also parole which was created by Sir Walter Crofton and the Irish system, which we in the united State use today.Om the late 1800s reformatory system was established, some were given education classes, and early release and punishment was non the focus. However, some adults were ineffective to be rehabilitating by the programs, so ultimately more prisons had to be built to reside youth and adult offenders that were unable to be rehabilitated. After the justice system realize that punishments were not excludeping criminals from committing crimes. Many scientist and doctors began examine the behavior of criminals, especially their childhood. Some scientist has found that many criminals have had troubled childhood, which whitethorn lead to their behavior. However, some criminals are brocaded in a good main office yet they still commit slimy crimes to date no one has come up with a magic check that can snatch these criminals from committing crimes. Many societies have tried to find a way to stop criminals, from creating a justice system to building prisons.However, no matter how biography has tried to stop the criminals, they still calculate to victimize helpless people. Maybe, with shape up reputation and a better understanding of wherefore they commit crimes, future generations can stop them. But, at this point only prisons search to help those, who have become commonplace offenders. Hopefully, one day we can createa magic pill or a way to stop criminals from hurting others. Until then, we must let the justice system work for us and our society The correction system in the United States have changed many times over the by chivalric years, many theories went from reta liation, physical punishment, reforming and back. The population of inmates in the United States and Federal prisons and jails has grown at an unprecedented rate in the past thirty years. Since 2000, the census of captives being detained in narrate and federal prisons has risen 13%. Since 1990, the census has grown 100% the census has grown a staggering 366%.The thirteenth Amendment to the United States organic law, which was passed by the senate on April 8th, 1864 and clear by the House on January 31st, 1865 and approved on December 6th, 1865 abolish thralldom as a legal institution. The thirteenth Amendment stated. Neither slavery nor voluntary servitude, buy food as a punishment for crime whereof the caller shall have been duly convicted, shall populate in spite of appearance the United States, nor any place subject to their jurisdiction. Right afterward the 13th Amendment was passed, the scorch polity was created, the scurrilous Code were laws in the United Sta tes after the Civil War with the effect of moderate the basic human right and well-behaved liberties of desolates. As newly foresweard slaves would soon l discharge, exemption was not as they had anticipated. White southerners were nauseous to regain indicant over them and used the law in order to secure that objective, the code served as a way to hold and inhibit the emancipation of ex-slaves.The Code regardled almost all aspect of their lives and proscribed African Americans from the freedoms that had been won. Not only did the whites cherished to control ex-slaves simply they indispensableness laborers. trance things could no longer be on the dot the identical as in slavery, the whites found a way to guarantee that blacks would serve as their laborers. The whites encompassed some of the antebellum restrictions on free blacks, northern apprenticeship laws, they in any casek their civil and legal rights, from marriage to the right to hold and handle property. Law s were different in each state scarcely most embodied the same kind of restrictions. Commonly, codes compelled freedman to work. But in many states if unemployed, African American face up being arrested and charged with vagrancy. Many of those that did work had their days regulated.Codes dictated their hours of labor, duties and the behavior appoint to them as agricultural workers. Almost every aspect of their lives was regulated, including the freedom to roam blacks were not permitted to enter towns without permission. In 1866 black codes were suspend by Federal officials who noted that the codes were too harsh and bias they decided that blacks should be subjected to the same penalties and jurisprudences as whites. Along with the black code came the convict leasing system, this was the leasing of prisoners to private companies who would pay back the state a fee for the service. Prisoners would work for these companies day after day go to their cells each night while vocation profit from free prisoners labors. These black prisoners would fit less than six years the remnant rate among these inmates was almost 45% for those in the south.Another way to keep free blacks in slavery was Sharecropping for those man who did not want to go to prison, sharecropping was the only way former slaves could survive . But the exalted prices and interest rate charged by store and land owners caused these blacks to be in constant debt. Another way blacks were unploughed was by arrange gangs, the crimes was breach of a contract, even today there are some states that still adopt chain gangs like, Florida, Alabama and Arizona. Amnesty world(prenominal) one of the leading humanitarian groups said that the act of chain gangs is inhumane, to use handcuffs, and chains and so on on prisoners is a violation of the International Covenant on Civil and organizational Rights. Today prisoners have another dilemma to deal with privatization of prisons privatization of prison is not new it has been around for centuries, private corporations are once again owning and operating prisons for profit.A arguable issue which dates back to the days that followed the license Proclamation, private prisons owners and manage prisoners making thousands of millions of dollars from prisoners labor while the prisoners earn nothing. The 13th amendment allows a form of slavery to exist legally, when we look at people who are jailed for nonviolent crimes inside the criminal justice system, like the Black Code, Sharecropping and Chain Gangs and then privatizing of prisons the 13th Amendment knead slavery through the penal system. president Lincoln abolished the uncouth and anomalous punishment, but if we look there is a small part which we whitethorn call a clause that states, Neither slavery nor involuntary servitude, except as punishment for crimes whereof the partyshall have been duly convicted, shall exist within the United States, nor any place subjected to their j urisdiction. The Amendment did not specify what crimes, felony, misdemeanor or even a traffic tag it just said crime and all of these are crimes. Yet we see many people not convicted of crimes and they are punished, dictated in prison, locked up and work for fee. The 13th Amendment has reshaped and defined slavery the moment it was position on paper.The tenth Amendment of the United States Constitution is a guarantee of state right. The ten percent Amendment is similar to an earlier provision of the Articles of Confederation. Each state retains its sovereignty, freedom, and independence, and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress assembled. When the tenth Amendment was introduced in congress, James Madison explained that many states were awkward to ratify this amendment, despite critics who deemed the amendment superfluous or unnecessary. The constitution designed the federal political scienc e to be a political sympathies of contain and enumerated powers. This is saying that the federal government only has power over the things that are specifically given to it in the constitution, all other powers is given to the state.The tenth Amendment noted that The powers not delegated to the United States by the Constitution, or by the states are reserved to the states respectively or to the people. I believe the asylum fathers created this Amendment because they did not want the central government which is the federal government to become too powerful and did not want that government to tell them how they should live their lives daily. They wanted to give the local state power to control their own affairs to make laws and rules that their people can live by and not have the federal government total control of their affair. The 10th Amendment when it comes to the Florida criminal justice system and prison is this. Advocate can bring more cases under the 10th Amendment, which w ill have huge absolute implication for freedom so long as the current constitution of the courts holds. Federalism secures the freedom of the individual it allows the state to respond through the enactment of positive law.As we see the 10th Amendment have been weakens somewhat by the by congress, you could hardly hear about the 10th Amendment in court cases in the years it wasadopted but not so today you find that a lot of cases using the 10th Amendment for their bases for file an appeal. There were states that were protected under the 10th Amendment. Which the American Civil was noted was not workable so the 14th Amendment was created to elapse the Bill of Rights and made it applicable to both state and federal government. We can see the 10th Amendment no longer holds the power that it once did, but today in Florida law makers is trying to use the 10th Amendment to privatize prisons. The 10th Amendment was written to tranquil the state that they would remain largely in charge o f their people the 10th Amendment was unendingly used to prevent federal regulation of everything including taxation. I believe the 8th should control the criminal justice system in Florida. The Amendment states that Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.The 8th Amendment to the Constitution established in 1791, have three provisions The cruel and unusual punishment clause, which restrict the hardship of punishments that state and federal government may impose upon someone who have been convicted of a crime. The Excessive Fine article limits the add up that state and federal governments may fine a person for a particular crime. Then there is the Excessive loose Clause which restricts judicial discretion in rateting bail for the release of persons incriminate of a criminal activity during the terminus following their arrest but antedate their trial. Courts are given wide analogue under the Excessive Fin e Clause of the 8th Amendment, fines which is imposed by ta trial court come close or magistrate will not be tump over on appeal unless the judge or magistrate abuse his or her discretion in assessing them. But the trial court judge is given less latitude under the Excessive Bail Clause.If the defendants meets bail or is able to pay the amount set by the court, the defendant is entitled to notice the pledged amount at the windup of the criminal proceeding, however, if the defendant fails to appear as scheduled during the prosecution, then he or she forfeits the amount pledge and still faces further criminal penalties if convicted of the offense or offenses charged. Since most of our defendants are indigent excessive fine is handling in a calm manner I believe. To me the most decisive part of the 8th Amendment is the cruel and unusual punishment. In the case Furman v. Georgia the commanding Court found that he finish penalty violated the 8th Amendment the court notedthat These death penalties are cruel and unusual punishment today not much state use the death penalty but in our state of Florida the death penalty is still a factor. Recently the state declared a moratorium on lethal injection and a de facto moratorium on the death penalty.Finally I believe our criminal justice has come a long way but there is still work to be done especially with defendants being arrested and being treated as the olden days when slavery was in place. We still find our slavery taking place indirectly especially for black minoritys. We need our elected government leaders to stop playing politics and start work for the people who elected them into office. Judges and lawyers need to stop taking bribes and let the justice system work for the people. We as criminal justice majors must stop looking at the money we may make when we finish school and get our degree. And see how we can put what we have learned into practice to help our buster neighbors or our community. Our justice system require people with heart and backbones and I believe we as the leaders of tomorrow can do that.Referenceshttp//voices.yahoo.com/roots-history-punishment-512307.html?cat=37 http//plato.stanford.edu/entries/legal-punishment/1http//legal-dictionary.thefreedictionary.com/8th+Amendment