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https://study.com/academy/lesson/criminal-rehabilitation-programs-statistics-definition.html

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https://www.britannica.com/topic/punishment/Rehabilitation

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The most recently formulated theory of punishment is that of rehabilitation-the idea that the purpose of punishment is to apply treatment and training to the offender so that he is made capable of returning to society and functioning as a law-abiding member of the community. Established in legal practice in the 19th century, rehabilitation was viewed as a humane alternative to retribution and deterrence, though it did not necessarily result in an offender receiving a more lenient penalty than he would have received under a retributive or deterrent philosophy. In many cases rehabilitation meant that an offender would be released on probation under some condition; in other cases it meant that he would serve a relatively longer period in custody to undergo treatment or training. One widely used instrument of rehabilitation in the United States was the indeterminate sentence, under which the length of detention was governed by the degree of reform the offender exhibited while incarcerated.

Although rehabilitation was widely criticized in the United States in the 1970s, it gained greater acceptance once research in the 1980s and '90s demonstrated that a carefully implemented rehabilitation program could reduce recidivism. Critics nonetheless objected to rehabilitation and sentencing programs that gave significant discretion to the prison administrator, who could decide to release or further detain an offender depending on his assessment of the offender's progress (which could itself be vaguely defined). At issue were cases in which this authority led to gross abuses, such as the lengthy detention of an offender guilty of only a minor crime, simply because of his inability or refusal to adopt a subservient attitude toward prison officials or other persons in positions of authority.

Theories in conflict

In the practical operation of a sentencing or penal system, theories of punishment often come into conflict. A lenient sentence (such as probation) designed to rehabilitate an offender may fail to express society's rejection of the behaviour or to provide an effective deterrent to others; a sentence that requires the offender to submit to a compulsory program of treatment or training for a long period may conflict with the idea of retribution as a limiting principle (a constraint on excessive or unfair punishment); a sentence of unusual severity, designed to make an example of the offender as a warning to others, conflicts with the principles of rehabilitation and proportionality; and a sentence whose object is incapacitation may fail to satisfy those who favour rehabilitation and proportionality. The operation of any sentencing system requires officials to choose between different theories in different cases; no single theory provides a system suitable for all cases.

Punishment in non-Western societies

Punishment in Islamic law

Starting in the 19th century, most Muslim countries adopted Western criminal codes patterned after French, Swiss, or English systems of justice. Traditional Islamic law ( Sharīʿah) divides crimes into two general categories. Several serious offenses, known as ḥadd crimes, are specifically mentioned, along with their appropriate penalties, in the Qurʾān; the ḥadd punishment for theft, for example, was amputation of a hand. In practice, however, many such punishments are mitigated by social and political constraints. Thus, a person who is caught stealing might negotiate a lenient punishment by offering to pay for the item in question, often at a much higher price.

Most other offenses in Islamic law are called taʿzīr crimes (discretionary crimes), and their punishment is left to the discretion of the qāḍī (judge), whose options are often limited to traditional forms (imprisonment or corporal punishment) but who may also feel obliged to enforce punishments dictated by local customs and mores. The imposition of fines is a traditional punishment that has grown more common in some areas.

Murder within Islamic societies has traditionally been treated not as a crime against the people but as a dispute between family or tribal groups. The murdered man's kin might demand the death of the malefactor (they might even carry out the execution themselves), but they may also settle for diyah ( wergild; literally, "man payment") at a rate determined by social convention. Such arrangements reflect the general belief in Islamic societies that the life of the individual belongs to the group rather than to the individual himself or to society as a whole.

Within many Islamic countries the extra-judicial killing of persons by members of their own families for real or perceived moral infractions has been relatively common. Such " honour killings" are in fact violations of both civil and Islamic law, but perpetrators frequently use religious reasons to defend their actions, thereby giving the crime a veneer of justification. Murders of this type are seldom punished, particularly when they involve the alleged sexual transgressions of a female, but when punishment is mandated, the sentences are generally light.

Asia

After the communists took power in China in 1949, the chief goal of criminal punishment in the country became reform. This policy was founded, according to authoritative Chinese criminal-law textbooks, on the historical mission of the proletariat to reform society and humanity. The notion that an offender incurs a debt to society that can be paid merely by serving a prison term was alien to Chinese penology. Because the state was keenly interested in changing the offender's thinking, imprisonment was generally accompanied by labour and political study.

The primacy of reform over deterrence changed in the 1970s, when China began to decentralize sectors of its economy. The resulting economic liberalization was accompanied by substantial increases in crime, to which the government responded with a series of deterrence campaigns based on swift, certain, and public punishments. Notwithstanding these efforts, which had limited success, China's imprisonment rate remained moderate. The country applied the death penalty widely, executing thousands of people every year-far more than the combined annual sum of executions occurring in other countries.

Other Asian countries exhibited very different patterns. Japan maintained a very low crime rate and one of the lowest imprisonment rates in the world, though some moderate increases in the severity of punishments, including incarceration, created conditions of overcrowding in its prisons starting in the 1990s. Singapore maintained a severe criminal code and a very high imprisonment rate despite having a very low crime rate. Indonesia, the most populous country in Southeast Asia, also imposed harsh penalties for many crimes, including the death penalty for drug trafficking. South Korea had a low crime rate and a moderate imprisonment rate, and it placed some emphasis on thought reform in its prisons. In the early 21st century Hong Kong was unique in housing the largest proportion of female prisoners worldwide: more than 20 percent of the total prison population was female, compared with a global average of about 5 percent.

© Metropolitan Police Department, Tokyo; all rights reserved, used with permission

Effectiveness of punishment

There is considerable controversy over the effectiveness of punishment in reducing crime. For example, most researchers have failed to find any systematic relationship between crime rates and imprisonment rates: it is equally probable for regions with high imprisonment rates to have high or low crime rates, while increases or decreases in rates of imprisonment are equally likely to be followed by increases or decreases in crime, and so on. Thus, the " three strikes" legislation passed in many U.S. states in the 1990s, which imposed mandatory prison sentences after three convictions, was found to have no effect on crime rates. Even the death penalty, as noted above, appears to do little to reduce murder rates, since most jurisdictions that use it (including several U.S. states and various other countries) have substantially higher murder rates than jurisdictions that do not. Among Western industrialized countries, the United States has the highest murder rate and is virtually alone in using the death penalty. The state of Texas accounts for a very high proportion of all executions within the country (roughly half in the early years of the 21st century), yet it has continued to experience relatively high rates of murder and violent crime. In general, criminologists believe that severe punishments are not particularly effective in reducing high crime rates.

Eric Risberg/AP

David A. Thomas Antony Nicolas Allott Ian David Edge Donald C. Clarke Thomas J. Bernard

Learn More in these related Britannica articles:

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Punishment - Punishment - Rehabilitation: The most recently formulated theory of punishment is that of rehabilitation-the idea that the purpose of punishment is to apply treatment and training to the offender so that he is made capable of returning to society and functioning as a law-abiding member of the community.

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https://www.iwf.org/2020/06/29/the-importance-of-prison-rehabilitation-programs-before-and-after-release/

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For most Americans, prisons are a necessary but almost forgotten institution. Without any interaction with the system, most of us have a vague understanding of how they work, or at least how they're supposed to.

In some sense, the justice system seems straightforward: these individuals broke the law and must be punished for them. They forfeit certain rights because of their infraction and then are released when they've been properly punished.

But for those who actually experience the prison system, and their families and loved ones, the reality is slightly different. Often, former inmates find themselves in a world very different from the one they left years before. Without a job, money, or connections, it's hard to imagine anyone truly succeeding in rebuilding their life. This is why rehabilitation programs before and after release are so important.

The United States has incredibly high incarceration rates. While 0.7% of the population may not seem very high, this is about 1 out of 150 people. In raw numbers, that's almost 2.3 million people. And at the same time, many of these individuals are released only to be arrested for another crime and return to the prison system. According to a 2019 report, the recidivism rate for state prisoners was 83% over a nine-year study period, that means that five out of six of released prisoners will be arrested for a new crime. These numbers were lower for federal prisoners who had rates of 39.8% and 64% for nonviolent and violent prisoners, respectively.

Instead of just locking people away for years, prisons need to provide extensive rehabilitation programs in order to prepare the prisoners to be productive members of society. Unfortunately, these prison rehabilitation programs are often reduced or simply shut down due to inadequate funding.

But some prisons continue to have proper programming. Of particular importance is the support after release and some groups, both non-profits and prisons, have programs to support their former inmates in their rebuilding efforts.

For example, The Lionheart Foundation has a state-by-state listing of re-entry programs, the GEO group, a group that runs many of the private prisons around the country has a program called the Continuum of Care, the Oasis Center in Dallas, Root and Rebound, and more.

Effective reentry programs help to give former offenders the opportunity to work, providing income and meaning in their lives. Some provide mentorship, housing placement, workforce development, and employment placement among other supportive services.

While employment is an important part of reentry, further support and educational programming is needed. A promising program, the High-Risk Revocation Reduction (HRRR) Program in Minnesota, provides support in housing, employment, domestic violence prevention, mentoring, transportation assistance, and access to the community hub (which includes programming such as substance abuse, Alcoholics Anonymous, life skills and more). Other programs can be found in a 2018 report from the National Institute of Justice.

Part of our justice system should be preparing and helping former convicts reenter society so they can live productive lives and avoid falling into former habits. Their rehabilitation must start while they serve their sentences, giving these Americans something to focus on and work for. By providing practical programs such as vocational training, we make it possible for these individuals to leave prison with marketable skills for good steady jobs.

One way to help individuals is to reduce unnecessary occupational licenses. Many states have a wide variety of occupations which require licenses. While some occupational licenses are important, such as those for doctors and nurses, others are arbitrary and only serve as barriers to individuals interested in entering specific professions.

Formerly incarcerated individuals often face even more barriers to work due to their records as some licenses require "good character" standings as well, despite not having any need for such requirements to protect public health and safety. IWF has been telling the stories of many such individuals with our Chasing Workcampaign.

Americans need to support these individuals who are trying to rebuild their lives. The prison population shouldn't be a forgotten portion of American life. We need to ensure that prisoners are given the proper training and opportunities to improve themselves and their prospects upon their release.

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The Importance Of Prison Rehabilitation Programs Before And After Release | Independent Women's Forum

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For most Americans, prisons are a necessary but almost forgotten institution. Without any interaction with the system, most of us have a vague understanding of how they work, or at least how they're supposed to. In some sense, the justice system seems straightforward: these individuals broke the law and must be punished for them.

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Against Rehabilitation in its Current Form

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Against Rehabilitation in its Current Form

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https://calmatters.org/commentary/2019/02/so-far-prison-inmate-rehab-isnt-working/

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In summary
The state prison system's official title, "Department of Corrections," was for decades nothing more than a euphemism, as was the official nomenclature for the system's guards of "correctional officer." The system expanded from about 20,000 inmates during Jerry Brown's first stint as governor to more than 160,000 when he began his second governorship. And even though new prisons had sprouted up all over the state, they were overwhelmed by the sheer numbers of felons, leading to federal court orders to reduce overcrowding. The system was focused on warehousing - such as filling prison gymnasiums with triple-tier bunks - and punishment, with only token efforts at "correction" via basic education, addiction treatment, job training and psychological counseling. Not surprisingly, very high percentages of inmates released from the system committed new crimes and returned. Fifteen years ago, the Department of Corrections became the Department of Corrections and Rehabilitation, supposedly signaling a new emphasis on reducing its revolving door culture. Nothing much happened, however, until Brown returned to the governorship in 2011. He, along with a more liberal Legislature and penal reform groups pushed to reduce sentences, make parole easier, divert more felons into local jails and probation, and ramp up rehabilitation programs inside prisons - thereby, it was said, reducing prison overcrowding and "recidivism" by those returning to the streets. The prison population has declined sharply, down at least 50,000 inmates from its peak, but a new report from State Auditor Elaine Howle indicates that the department isn't living up to its "corrections and rehabilitation" title. "Our analysis of inmates released from prison in fiscal year 2015-16 did not find an overall relationship between inmates completing CBT (cognitive behavioral therapy) rehabilitation programs and their recidivism rates," Howle told the Legislature, which ordered her study. "In fact, inmates who completed their recommended CBT rehabilitation programs recidivated at about the same rate as inmates who were not assigned to those rehabilitation programs." Why? She suggests that the corrections department adopted rehab programs without fully delving into what works and what doesn't, saying that the department "has not revalidated the accuracy of the tools it uses to assess inmates' rehabilitative needs since recent statutory changes caused a major shift in the state's prison population. Another potential reason is that Corrections has not ensured that vendors provide consistent and effective CBT programs that have been proven through research to reduce recidivism." The audit continues in that critical vein on a number of points, to wit: -"Corrections has neither consistently placed inmates on waiting lists for needed rehabilitation programs nor prioritized those with the highest need correctly." -"Corrections has neither developed any performance measures for its rehabilitation programs, such as a target reduction in recidivism, nor has it assessed program cost‑effectiveness." -"High staff vacancy rates and a failure to place inmates on program waiting lists has resulted in Corrections not utilizing all of its programs' budgeted capacity. Although Corrections has expanded its rehabilitation programs to all 36 prisons, prison staff have not enrolled the maximum number of inmates in each rehabilitation class." No one doubts the inherent difficulty of turning around prison inmates - especially since those remaining behind bars after population reduction tend to be hardcore, often violent criminals. If it's essentially impossible, we shouldn't pretend otherwise, wasting money on make-believe programs. If it is possible to significantly reduce recidivism - and Howle's study found that some efforts have worked - then Gov. Gavin Newsom and the Legislature should insist that they be implemented effectively, rather than allowing prison officials to just go through the motions.

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Commentary: So far, prison inmate rehab isn't working

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In summary The state prison system's official title, "Department of Corrections," was for decades nothing more than a euphemism, as was the official nomenclature for the system's guards of "correctional officer." The system expanded from about 20,000 inmates during Jerry Brown's first stint as governor to more than 160,000 when he began his second governorship.

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https://ua.pressbooks.pub/criminallawalaskaed/chapter/1-5-the-purposes-of-punishment/#:~:text=The%20need%20for%20confinement%20to,and%20reaffirmation%20of%20societal%20norms

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This edition adapted from a work originally produced by University of Minnesota Libraries Publishing edition, 2015.

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The Purposes of Punishment – Criminal Law, Alaska Edition

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“Laws without enforcement are just good advice.”

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https://www.emerald.com/insight/content/doi/10.1108/IJCMA-04-2018-0055/full/html

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To read the full version of this content please select one of the options below:

Barry Goldman (Management and Organizations, University of Arizona , Tucson, Arizona, USA)

Dylan Cooper (California State University Channel Islands , Camarillo, California, USA)

Tamar Kugler (Management and Organizations, University of Arizona , Tucson, Arizona, USA)

© 2022 Emerald Publishing Limited

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Crime and punishment: A realistic group conflict approach to racial discrimination in hiring convicted felons

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To read the full version of this content please select one of the options below: Barry Goldman (Management and Organizations, University of Arizona , Tucson, Arizona, USA) Dylan Cooper (California State University Channel Islands , Camarillo, California, USA) Tamar Kugler (Management and Organizations, University of Arizona , Tucson, Arizona, USA) © 2022 Emerald Publishing Limited

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The purpose of Justice is  to rehabilitate criminals, based on the notion that criminal behaviors are caused by environmental influences and criminals can be re-adapted into society and relieved of influences outside of their control - both in their day-to-day lives and in prejudices in the criminal justice system.

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Environmental influences lead to criminal behavior.

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Environmental influences lead to criminal behavior.

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-Alcohol and drug use impact a person's ability to both rationalize and make decisions of their own free will (study.com), sometimes an addiction itself can be a result of a breach of free will

-Poverty and financial disadvantage can force people into a cycle of turning to crime to survive (study.com), getting arrested/having their reputation tarnished, and turning back to crime when released

-Poor parenting can lead to kids joining gangs (study.com) and being exposed to criminal behavior at a young age rather than law-abiding role models

-Mental illness/mental illness untreated due to a lack of resources (especially, according to study.com, intense mental illnesses like schizophrenia or bipolar disorders) can lead to violent behavior, incarceration sometimes making such illness "worse"

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Argue the importance and/or value of rehabilitating a criminal into society? Does the intensity of the crime affect said value?

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Argue the importance and/or value of rehabilitating a criminal into society? Does the intensity of the crime affect said value?

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Although some may say rehabilitation is a failed effort that leads to recidivism, studies show harsh punishments also contribute to the issue ("Recidivism" refers to a "repeat" in criminal behaviors, in which a criminal after being released continues to break the law).

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Although some may say rehabilitation is a failed effort that leads to recidivism, studies show harsh punishments also contribute to the issue ("Recidivism" refers to a "repeat" in criminal behaviors, in which a criminal after being released continues to break the law).

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Research and evidence shows a link between rehabilitation and a decrease in Recidivism.

According to iwf.org, when discussing recidivism following punishment and state imprisonment, it is stated that, "According to a 2019 report, the recidivism rate for state prisoners was 83% over a nine-year study period, that means that five out of six of released prisoners will be arrested for a new crime."

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https://repository.stcloudstate.edu/cgi/viewcontent.cgi?article=1021&context=cjs_etds#:~:text=Thus%2C%20there%20is%20a%20direct,rate%20of%20recidivism%20is%20minimal.

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Lack of evidence to show correlation between punishment and decrease in crime

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Lack of evidence to show correlation between punishment and decrease in crime

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According to Britannica.com, "most researchers have failed to find any systematic relationship between crime rates and imprisonment rates: it is equally probable for regions with high imprisonment rates to have high or low crime rates, while increases or decreases in rates of imprisonment are equally likely to be followed by increases or decreases in crime...Even the death penalty, as noted above, appears to do little to reduce murder rates, since most jurisdictions that use it...have substantially higher murder rates than jurisdictions that do not."

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When criminals are "punished harshly" without rehabilitation, it's much harder to reenter society.

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When criminals are "punished harshly" without rehabilitation, it's much harder to reenter society.

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According to iwf.org, "Formerly incarcerated individuals often face even more barriers to work due to their records as some licenses require “good character” standings as well, despite not having any need for such requirements to protect public health and safety."

Rehabilitation could aim towards allowing criminals to redeem themselves, pay for their crimes like "justice" requires by becoming productive member of society - employers would always choose a non-criminal over a criminal.

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Discuss whether a part of justice is the redemption of the criminal/the perpetuation of remorse and "a want" to change.

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Discuss whether a part of justice is the redemption of the criminal/the perpetuation of remorse and "a want" to change.

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Study.com: criminal rehabilitation allows criminals to, "separate themselves from the environmental factors that made them commit a crime in the first place" (Criminal Rehabilitation: Programs, Statistics & Definition)

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Study.com: criminal rehabilitation allows criminals to, "separate themselves from the environmental factors that made them commit a crime in the first place" (Criminal Rehabilitation: Programs, Statistics & Definition)

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If the goal of rehabilitation is to allow a criminal to return healthily to and contribute to society following their crime(s), the philosophy that rehabilitation is built on is to directly treat the environmental factors that led them to crime - rather than punish them and continue to allow their suffering to manifest and marinade - rehabilitation allows criminals to readjust themselves to a healthier lifestyle and remove themselves from what led them to that point.

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Although some say rehabilitation not "working" an alleged majority of the time points to it being a waste of money, iwf.org depicts the importance of redirecting attention towards improving rehabilitation conditions under the notion of its value and PROVEN SUCCESS!

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Although some say rehabilitation not "working" an alleged majority of the time points to it being a waste of money, iwf.org depicts the importance of redirecting attention towards improving rehabilitation conditions under the notion of its value and PROVEN SUCCESS!

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"...inmates who completed their recommended CBT rehabilitation programs recidivated at about the same rate as inmates who were not assigned to those rehabilitation programs.” (calmatters.org)

"Americans need to support these individuals who are trying to rebuild their lives. The prison population shouldn’t be a forgotten portion of American life. We need to ensure that prisoners are given the proper training and opportunities to improve themselves and their prospects upon their release." (iwf.org)

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Equity VS Fairness in the "racial context" (also contains information on differing socioeconomic statuses) 

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Equity VS Fairness in the "racial context" (also contains information on differing socioeconomic statuses) 

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https://racism.org/index.php/en/articles/law-and-justice/criminal-justice-and-racism/136-criminal-justice-generally/2575-fairness-and-equality

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Fairness and Equality in the Criminal Justice System: Internal Policies

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Building Just, Safe, and Healthy Communities

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https://racism.org/index.php/en/articles/law-and-justice/criminal-justice-and-racism/136-criminal-justice-generally/2575-fairness-and-equality

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Fairness and Equality in the Criminal Justice System: Internal Policies

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Building Just, Safe, and Healthy Communities