This article discusses the range of correction practices in criminal law, including restorative justice, crime prevention, and corrections. It highlights the challenges faced in implementing these practices and suggests ways to improve rehabilitative practices. The article also provides references for further reading.
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CRIMINAL LAW CORRECTIONS
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CORRECTION PRACTICES1 A criminal justice system is comprised of different sentencing options so as to ensure the implement the rule of law in the country and the facilitation of the criminal justice reform. The following work is aimed at highlighting the range of measures and interventions on the lines of the restorative justice practices, crime prevention, and corrections to enhance the criminal justice system. These practices are established on the lines of varying legal, social and cultural circumstances and to enhance the efficiency of the responses towards the crime. There have been enacted a number of international agreements on the best practices principles and nations can borrow the practices from one another. The basic belief behind the restorative justice program is that the involvement of the parties associated with the case is essential for the resolution of the conflicts and the mitigation of the consequences (Johnstone, 2013). Some of the best theoretical practices of the restorative justice programs, crime prevention and corrections are the Victim Offender Mediation, Family or Community Group Conferencing, and the Peace making or Sentencing Circles (Zehr, 2015). While the victim offender mediation calls for the meeting between victim and the offender under the assistance of a trained mediator, the group conferencing involves the opportunity for the offender, victims, and respective family members to connect with the community support to address the consequences of the crime (UNODC, 2019). The peace making or the sentencing circles involves the structuring of the sentencing plans that is aimed at addressing the concerns and the interests of the various stakeholders such as victims, offenders, supporters of the victims, offender supporters, defense counsel, judges, prosecutors and others. In terms of the current correctional settings, the practices utilized in the real settings are elaborated as follows. It is significant to note that the State and Local Authorities use the COMPAS software to assess the areas of the risk to build the base for the correction program (Northpointeinc, 2012). One of the causes of concern in the said risk assessment practice is that the staff is often states to be having inadequate training. The result thus obtained from the risk assessment software are incorrect because of the poor implementation. In addition there are chances that staff indulges into overriding of the assessment procedure where the case involves a certain category of special population and thus leading to the biasness in the procedure. The second practice that is widely used is the motivational interviewing. The practice begins with setting a goal for the offender and working towards the same under a trained practitioner (Miller & Rollnick, 2012). The area of concern because of which the intervention is not implemented successfully is the high number of cases. The high load of the cases leads to the limited interactions with offenders and the meaningful outcomes are not
CORRECTION PRACTICES2 achieved. The further challenges that pose problems in the actual settings are the time constraints for the counsellors. The counsellors are not able to give enough time to the offenders and the results are limited to work with. The next set of practice that is followed in the United States is Cognitive behavioral therapy (CBT). The intervention facilitates the offenders gain a better perception of the situations and thus improvising the situations by creating more positive responses (Taxman, 2018). The issue in the real implementation is elaborated as follows. While the staff is hired on the basis of the job title and the requisite qualifications, the resistance can be seen in the counsellors in the wake of the case loads which results in bringing the outside counsellors. Thus, the motivation and the levels of the staff members is a great challenge as can be seen in the real life implementations. One of the yet major challenge in the correctional settings is the number of legal constraints placed on the parolees which makes the positive social influences of friends and family quite difficult (Kirk, 2016). Furthermore staff burnout as characterized by the staff shortages, emotional strain, harassment at the prison are critical for the effectiveness of the program. As stated above, there are a range of rehabilitative practices to address the criminal issues in the community. In order to implement the theoretical practices successfully, it is essential to reduce the recidivism of the offenders and thereby meeting the actual front line situations efficiently. The ways by which the rehabilitative practices can be improved are elaborated as follows. Firstly, it is imperative to conduct the risk assessment efficiently by considering the antisocial attitudes, antisocial personality pattern, antisocial associates and the history of antisocial behavior, among others. This can be done by providing the training and workshops to the practitioners and also identifying the entities that are engaged in modification of the scores often, more than 10 percent. The researches have reached the conclusion that clinical judgments are effective together with the appropriate risk assessments. The risk assessment programs must be enhanced so as to identify the issues that triggered the offender, and thereby aid them in bettering their lives (Seiter, 2012). The second rehabilitative practice as stated above that can be implemented is the motivational interviewing. To implement it effectively, it is crucial to lift the time constraints with the offenders who are motivated by self to progress towards the change so that these can be put on the paths of change with lesser efforts. For the ones who have not realized the possibility of change, it is vital to conduct the analytical programs that involves cognitive behavior therapy in the medicated settings. Further, it is imperative to involve the family members (Seiter, 2012). As stated above, the cognitive behavioral therapy is crucial. The important
CORRECTION PRACTICES3 aspect for its effective implementation is that the same must be brought into the scene in the probation stage itself to reduce the recidivism, instead of applying it on later stages. The timely correctional intervention is the key. Further, it is equally important to motivate the front line correctional staff. In addition, the infrastructure must be improved to make the process for the staff less tiring and complex. Yet another means that can be adopted to enhance the overall set of practices is the need to strengthen the pro-social influences. It is vital to maintain the family and friends ties with the offenders to assist the offenders with transitioning back process to the community. To address the issues of staff infidelity, it requires support from the agency to address the time constraints and motivation to implement the program commendably (Lambert, Hogan, Griffin, & Kelley, 2015). Hence, from the discussions conducted in the previous parts, it can be concluded that restorative justice and evidence based correction practices are one of the most significant reforms in the area of criminology. The work elaborated the best practices that have been prescribed in the national and international texts. The work additionally highlighted the range of gaps that are encountered in the actual settings such as time constraints, limited resources and inefficiency of the practitioners. The work concluded with the suggestive enhancements that can be implemented in order to yield maximum from the rehabilitative practices.
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CORRECTION PRACTICES4 References Johnstone, G. (2013).Restorative justice: Ideas, values, debates. UK: Routledge. Kirk, D. S. (2016). Prisoner reentry and the reproduction of legal cynicism.Social Problems, 63, 222-243. Lambert, E. G., Hogan, N. L., Griffin, M. L., & Kelley, T. (2015). The correctional staff burnout literature.Criminal Justice Studies, 28(4), 397-443. Northpointeinc (2012).Practitioners Guide to COMPAS. Retrieved from: http://www.northpointeinc.com/files/technical_documents/FieldGuide2_081412.pdf Miller, W. R., & Rollnick, S. (2012).Motivational interviewing: Helping people change. New York: Guilford press. Seiter, R. P. (2012).Correctional administration: Integrating theory and practice. Boston: Prentice Hall. Taxman, F. S. (2018). The partially clothed emperor: Evidence-based practices.Journal of Contemporary Criminal Justice, 34(1), 97-114. United Nations Office on Drugs and Crime. (2019).Handbook on Restorative justice programmesRetrieved from: https://www.unodc.org/pdf/criminal_justice/Handbook_on_Restorative_Justice_Progr ammes.pdf Zehr, H. (2015).The little book of restorative justice: Revised and updated. New York: Simon and Schuster.