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Principles and Application of Punishments in an Era of Mass Incarceration

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Added on  2023/06/11

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This essay discusses the principles and application of punishments in an era of mass incarceration, including theories of punishment such as retributive, deterrent, preventive, incapacitation, and reformative theories. It also explores the criminal justice system and the impact of mass incarceration on society, including issues of racial discrimination and custodial deaths. The essay concludes with recommendations for maintaining effective strategies to make the environment of prisons safe and providing adequate facilities for prisoners.

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Table of content
Table of content...............................................................................................................................2
INTRODUCTION...........................................................................................................................3
TASK...............................................................................................................................................3
CONCLUSION................................................................................................................................6
REFERENCES................................................................................................................................8
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INTRODUCTION
In general concrete actions their lies a system in which all the violence will analyse and
meet the more violence adaptations. The criminal justice system in today’s time inflicts to have
more suffering and pain rather than up staking the empathy and the rehabilitation. Mass
Incarceration is majorly a different way opted by US in order to locked up the huge population in
state and also in federal and local jails. Their observed that the numerous of people were being
restrained and locked up all together in order to prevent the general issues and the crimes which
are addressed in the surveillance. All such laws and the policies manages to cope the tremendous
issues in the financial burden (Hansen, (2022)). This essay will showcase the principles and the
application for the principles of punishments in an era of mass incarceration.
TASK
Mass Incarceration is mainly a process in which the huge number if population are being
locked up in the prisoners and that can be in the local jails and all other prisons which are
incapacitated under it. There is been seen that all such prisoners are mainly the Latino and the
black which faces the discrimination against all the biased areas and at every level. It us been
noted that the major areas which are covered in the incarceration is the offence in relation to the
drug abuse and also the offences through which the drug convictions are been seen. Their
analysed that all the racial rhetoric and the other areas through which fear is made it implements
out the methods in which the staggering nature of the incarcerated will be proportionated. It is
grown through federal and state with which the effective law and their very nature is applied. In
Australia the criminal justice system complies of the main 3 elements with which the work and
the other investigation is addressed (Lynch, & Long, (2022)). These are mainly the Law
enforcement that incorporates the prosecutors, police and all the specialist enforcement who
manage the working. The other one is court which is adjudicated through all the guilt is being
decided through suspected offenders with the sentence with being guilty. It is being observed
that the criminal justice system outlines the ways in which the inherent punishments are being
made and various acts are classified through their primitive tendencies in public. Some of the
major theories of punishments are like, Retributive theory which is the vengeance as it helps in
managing the inflicting all the penal through the perpetrator (Hallich, 2022). This can also be
termed das the primitive system of justice thorough which the eye for an eye concept is being
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undertaken, another important theory is the deterrent which means the abstain from managing or
doing any wrongful act. This helps in preventing all the crime and also in attempting the crimes
adjourned in attempting the prevention pf all the criminal activities. Through this theory the main
reason or the reluctance is that in case when someone generally do any wrong then they will
have to be punish so as to set the correct example in the society and also to make the minds of
the people to manage the spring and apply to phrase the general adherence in nature of work
(Rennison, & Hart, (2022)). The main aim of the deterrent theory is to control the crime and also
to make the protection to all the further individuals with which the protection can be laid and the
positive attitude can be implemented. This comp0lied to manage the safety and security to be
given to all the people in the society. other then this there is Preventive theory which focus on
seeming the prevention to all the pros active crimes in which all the criminal is being adhered
and the main element is to transform they criminal on temporary or permanent basis. This
considers to have all the deterrent areas and nature with which prevention in relation to offender
in the crimes are uptake it eliminates the risk and the endurance through which the management
and the positivity through which prevention is laid. Incapacitation theory focus on committing
all such certain offence through which future generation through which removal of the restriction
in the incarceration it helps in preventing the offences through which the criminal issues can be
prevented (Confino, & et. al., (2022)).One of the basic motive of this theory is eliminate
hazardous individuals from the society. The danger that is founded to be posed by these
lawbreakers is highly a matter of initiation. Thus, if a country treats one crime in one way,
different country treats it on another way. For instance, in the US they use incarceration to
incapacitate criminals at a much more rate compare to other countries. It has been noticing that
different from other theories punishments like deterrence, rehabilitation and restitution, the
theory of incarceration simply reforms the scattering of criminals in the society so that the rate of
offenders diminishes in the society (Milward, (2022)). The main agenda of the theory of
incapacitation is to discourage others from the offenders in the past, so that not being followed
by upcoming generation. Reformative theory predicts better shells and offices in jail, legitimate
re- appointment between several controls and diligent exertion on their role to reshape criminals.
It needs large ventures which cannot bearable by poor nation. Many non-guilty individuals who
respects the law are finding it difficult to get foundational courtesies hypothesizes moral
avocation for providing better offices inside jail. The utilitarian hypothesis "consequentialist" by

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nature. It recognises that discipline has consequences for both the one who is guilty and the
society and holds the all-out great build by the discipline ought to outstrip the absolute
malevolence. At the last discipline ought not to be boundless. One delineation of
consequentialism in discipline is the arrival of a jail detainee experiencing sickness. In the event
that the detainee’s demise is fast approaching, society is not being served by his proceeded with
barriers because he is not, at this juncture fit for bearing out malpractice. As in Australia there is
been seen that aboriginals and the Torres Strait Social justice commissioners outlined that all
such areas in which the worker is managed should somehow inflict and there is needed that all
the mass incarceration should be avoided so that there is no requirement for the indigenous
people as this somehow effect and make the custodial death in the individuals. There is seen that
all such cases through such theorized pf punishments outlines that the mass incarceration is
somehow a major reason due to which the reform and the outlined nature is managed. It affects
the life of the individuals and assume how also make the general issue in relation to the death
that usually happens in custody (Jiang, & Chen, (2022)). There is requirement that Australian
commission somehow managed to maintain all the effective enactments through which they
manage the recommendation to the royal commissions. There were seen that due to all such
overcrowding and getting the people in prisons their led put that an in a major issue. The mass
incarceration is generally driven through all the structural and the systematic problems through
which the justice is managed and the grave injustice that is happening with the indigenous people
can be abstained. It is showcased that in the current scenario their observed the decline in the
mass incarceration as with the incremental progress as the racial disparities have been fallen. As
locking the individual is somehow thaw expensive and ineffective process as this requires so
man y arrangements which are needed to be managed in spite of this it is important to council the
person and try to change their thoughts and ideas behind the problems. As there provided certain
theories of punishments with which the guiding principles are been given in relation to the work
and the protection of the people. With the change ion time their observed that so an y areas and
the inflicted punishments are being altered. As mass incarceration changes the social, mental and
the physical status of the person and there are so ma y reason and the ways in which the
punishments are required to be sustained. In Ashley Diamond V. Ward there observed that the
Black trans women was being incarcerated and their observed that the treatment which is made
with the incarcerated trans people nationwide is rescinds the freeze frame policy. Their observed
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that the major issues which was been faced when she was incarcerated on parole provides that
she was brutally treated. And there was certain discrimination which was made on education,
employment and also the health carte. This implies that the leadership and the general liberation
through which the work is been made implicated to provide the liberation syrine. All such mass
incarceration somehow is the custodial condition of the persona and the ways in which they are
being treated in the custody. There is observed that all such areas in which the general adherence
and the working is managed will somehow affect the nature and also the prohibition of the
working. In the era of mass incarceration there is needed to manage the effective hygienic and
the facilities for the prisoner in order to make them systematically settle down in the prisons. The
main aim behind all such mass incarceration is to give the change in thought process to the
persona nod there is also required to have the effective nature change and development in their
mental reform (Neumann, (2022)). For this the government in Australia should primarily focus
on maintaining the effective strategies to make the environment of the prisons being safe for all
the people so that no threat of custodial death will be occurred. Other than that the reformation in
their thoughts and the nature of working is also important, the government requires to manage
the growth through all the facilities which are needed to be given to them. their enlisted that in
present scenario all such mass incarceration is observed on some serious issues and the crime
that underlines the problem. There is needed to engrave the functions and the ways in which
effective management and the proper food, medical and the education facilities are being given.
In Santobello v. New York court held that all the criminal charge and the imprisonment is led
out with the full scale trail and their analysed that the federal government applies to candour
and manage the admit and also to protect the person from all such issues that can affect them in
general compliance (McIntyre, (2022)).
CONCLUSION
From this above essay it is showcased that Mass incarceration is mainly the mass
imprisonment which is been made in the country through all the hyper incarceration and through
which all the phenomenon is laid. There is been seen that so many theories of punishments are
undertaken which emphasise on all the nature of the working and also on the functions through
which the general adherence and the management through which the compulsion of effectively
managing the compliance. Further their analysed, mass incarceration should always be made
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with effective functioning and them administers to frame all the adequacies and aspect of mental
and physical aspects.

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REFERENCES
Books and Journals
Corradi, A., & Baumer, E. P. (2022). Did Mass Incarceration Leave Americans Feeling Less
Afraid? A Multilevel Analysis of Cumulative Imprisonment and Individual Perceptions
of Fear. Justice Quarterly, 1-22.
McIntyre, J. (2022). Gates Jr., Henry L.(2021) The Black Church: This Is Our Story, This Is Our
Song.
Kohler-Hausmann, I. (2022). Don't Call It a Comeback: The Criminological and Sociological
Study of Subfelonies. Annual Review of Criminology, 5, 229-253.
Confino, & et. al., (2022). Retribution versus rehabilitation as motives for support of offender’s
punishment: the moderating role of mindsets about malleability. Comprehensive Results
in Social Psychology, 1-20.
Hallich, O., 2022. A Christian View: Joseph Butler on Resentment and Forgiveness. In Guilt,
Forgiveness, and Moral Repair (pp. 95-118). Palgrave Macmillan, Cham.
Hansen, A. (2022). Civil Vengeance: Literature, Culture, and Early Modern Revenge by Emily
L. King. Modern Language Review, 117(2), 276-278.
Lynch, M. J., & Long, M. A. (2022). Green Criminology: Capitalism, Green Crime and Justice,
and Environmental Destruction. Annual Review of Criminology, 5.
Rennison, C. M., & Hart, T. C. (2022). Research methods in criminal justice and criminology.
Sage Publications.
Milward, D. (2022). The Canadian Residential Schools and Indigenous Human Rights.
In Diversity in Criminology and Criminal Justice Studies (Vol. 27, pp. 99-114).
Emerald Publishing Limited.
Jiang, X., & Chen, X. (2022). Self-Control, Contextual Factors, and Delinquency: Assessing the
Interactional Effects Among A Sample of Youth in Rural China. Asian Journal of
Criminology, 1-23.
Neumann, P. (2022). “If It’s Not Femicide, It’s Still Murder”: Contestations Over Femicide in
Nicaragua. Feminist criminology, 17(1), 139-159.
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