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ACR102 | Criminal Justice | The Negative Consequences Of Prison

Is the pluralisation of policing increasingly essential in Australia?
Prison is ineffective because most people come out worse than they went in. Discuss.
Should the use of prison be scaled back and our resources focused on alternative methods that we know can work?
Is trial by jury still relevant and appropriate?

Answer:

The purpose of this essay is to enlighten the reader about the negative consequences of prison on the people living in it. The Prison is commonly known as the correctional institution that is an integral part of the Criminal Justice System of the country along with the police and courts. The prison along with the police helps the government to manage the practice of ethical activities in the environment. The prison is an institution that holds captive in the custody and punishes them for conducting wrongful event that are against the interest of the society. From past ancient times, prisons have been a way to punish the people for their cause (Petersilia, and Threatt 2017).

As crime and punishment both are public acts so people are held under the custody of police when they condemn any crime. In the current environment, punishment has taken many forms that are abided by law however, in ancient times prison were more cruel and harsh. Now the police have to comply with the rules and regulations while beholding the criminals under their custody. Prison make the people deprived of the freedom and make them follow the protocols. Jails are another word of prison


where convicts live (Roberts 2018). Supporting the topic of the essay, it should be noted that prison does not work in the current environment because it does not help people to change instead it train them to perform wrong actions as well. Suppose, a person is convicted in the jail for robbery and in the same cell the police has shifted a terrorist, so, ultimately while living together the thief will come in contact with the terrorist and learn bad things under his influence as well. So, it can be said that by punishing a person to stay in prison does not make his situation better instead it worsen their conditions. Many criminologist in the current society have argued that prison does not change the behaviour of a person, instead there are very high chances that it negatively influence their prisoners behaviour and they are likely to conduct offensive acts again once they are out of the prison (Freiberg 2016).

The fact is always that a person becomes according to the nature and living standard of people with whom he stays. Similarly, in the given case of prison, even if a person goes in jail for performing a small crime, but when he/ she will meet people who have conduct major crimes then their personalities will influence them and they will also conduct bigger crimes once they are out of it. Also, it should be noted that the judicial body send the criminals to jail so that they can change and attain punishment of the act that they have conducted in the environment (Tubex, et. al., 2015). But, every person should get the chance to live and attain basic rights under the eye of law; the criminals faces brutality and unfairness by the jailors in the prison. In many prisons, the jailors behave unethically with the prisoner, these people are already deprived of their freedom due to their actions, now the jailors should try to change their outlook towards crime. Nevertheless, such unethical acts will provoke them to do wrongful actions in the society (Carlton, and Russell 2015).

According to Frank, Beirie, and Mackenzie, 2010, prisons do not alter the behaviour of the criminals instead they often promote criminality in the environment. The prison officers are generally performing delegitimizing actions. People have now a days started calling prisons as schools of crime. Further, it should also be noted that emotions of people plays a major role in confinement of prisoners. Many researchers have stated that the criminals are unable to cope up with the guilt of their crime properly in the prisons instead they overlay their guilt with other crimes as well. When a person spend a log time at place between certain people then they get to lean things from that environment (van Zyl Smit, and Appleton 2016). Similarly, in the given case of prison, the prisoners learn things from other prisoners who helps them to make their contacts with other criminals are follow their footsteps only. In addition, it should also be noted that a person is attracted towards negative things first in the environment resulting to which they conduct crime. The judicial gives a chance to such people to live at a place with people who have conducted similar or bigger crimes, and then they get a chance to follow the path criminality and perform such actions once they are out of the prison.Some, researchers states that prisons do not work at all. They also stated that courts are increasing imprisonment but they are not trying to reduce the crimes. Some sources states that 44.8% of Australian prisoners released from prison in the 2014-15 returned to jail within two years by conducting bigger crimes. This states that the prisons are of no use as they worse the conditions instead of solving it (Baldry, Carlton, and Cunneen 2015).

Source: (Russell, and Baldry 2017)

The above mentioned graph states the increase in the number of prisoner in the country Australia from past 10 years. Further, it should be noted that there are many other ways of deterrence in Victoria like punishment, denunciation, rehabilitation, community protection and deterrence. The imprisonment practices present in Victoria are very tough and strict as well. These practices ruins the future prospects of person and negatively influences as well. Study of Victoria stated that most ex-prisoners are unemployed or homeless for six months are their release (Carlton2016). The prison effect makes the prisoners mentally ill as well due to which they face difficulty in successfully living their life. Imprisonment only debars the freedom of the criminals as a punishment nothing else. Imprisonment does not make sure to impart the prisoners to not to conduct any crime after relieving (Cunneen, et. al., 2016).

Further, the consequences of abolishing prison can be in positive as well as negative way. Abolishing prison can help the government of Victoria and other nations to look for other positive ways that can punish the criminals and at the same time try to change their mind set towards crime as well. The above mentioned graph clearly explains that the number of prisoner is increasing and recurring as well. So, a change in the policies of punishment might bring positive impact in the environment (Fitzgerald, et. al., 2016). However, some researchers also stated that abolishing prison wont’s stop the crime as the criminals will do what they want to do irrespective of the presence of jails. Prisons currently have started to overload with criminals mostly of them are under recidivism. The jailors have lost the credibility to work effectively in the environment and the prisons are awash with drugs which states that the reason to implement prison system has failed in the society. The challenge that the government is facing that is to create a prison with a purpose and to hold lazy conferences and make futile calls for their abolition. If this policy has to be abolished then it should be completely abolished and a new effective policy should be implemented to secure the criminal system otherwise not. As in earlier times, the jails were only formed as last resort under which the convict used to stay till the time they do not receive any kind of punishment. Suspended sentence, rehabilitation, community service, fines etc. are some of the alternatives that can be adopted by the governments of different countries on a whole to abolish the system of imprisonment (Hales, et. al., 2016).

The jurisdiction of Australia has lost its compelling behaviour due to which the criminals have lost the fear of law. Change in the criminal jurisdiction will increase this fear and make them follow the positive line in the environment (Moore 2015). Thus, it should be noted that the government of the countries should not totally ban the prison system but they should implement various other reforms that can decrease the events of crime in the system. Concluding the above mentioned statements the fact should be noted that the fact is true that prison system does not make prisoners better instead it worsen the conditions for them. The government of Australia should check their criminal jurisdiction thoroughly in order to reduce the events crime. Imprisonment does not decrease the event of crime, instead it increases the chances of recidivism in Australia.

References

Baldry, E., Carlton, B. and Cunneen, C., 2015. Abolitionism and the paradox of penal reform in Australia: Indigenous women, colonial patriarchy, and co-option. Social Justice, 41(3 (137), pp.168-189.

Carlton, B. and Russell, E., 2015. ‘A Gender for Change’. Cycles of Women’s Penal Reform and Reconfigurations of Anti-Prison Resistance in Victoria, Australia. Champ pénal/Penal field, 12.

Carlton, B., 2016. Penal reform, anti-carceral feminist campaigns and the politics of change in women’s prisons, Victoria, Australia. Punishment & Society, p.1462474516680205.

Cunneen, C., Baldry, E., Brown, D., Brown, M., Schwartz, M. and Steel, A., 2016. Penal culture and hyperincarceration: the revival of the prison. UK: Routledge.

Fitzgerald, R., Bartels, L., Freiberg, A., Cherney, A. and Bulgar, S., 2016. How does the Australian public view parole? Results from a national survey on public attitudes towards parole and re-entry. Criminal Law Journal, 40(6), pp.307-324.

Franke, D. Bierie, D., and Mackenzie, D. L., (2010) Legitimacy in corrections. Criminology and Public Policy, Vol. 9(1), pp. 89-117.

Freiberg, A., 2016. The Road Well Traveled in Australia: Ignoring the Past, Condemning the Future. Crime and Justice, 45(1), pp.419-457.

Hales, H., Dixon, A., Newton, Z. and Bartlett, A., 2016. Assaults by mentally disordered offenders in prison: Equity and equivalence. Journal of bioethical inquiry, 13(2), pp.317-326.

Moore, J., 2015. Reframing the ‘Prison Works’ debate. For whom and in what ways does prison work?. Reclaim Justice Network Blog, 2015(Mar).

Petersilia, J. and Threatt, J., 2017. Release from Prison. The Encyclopedia of Corrections, pp.1-9.

Roberts, J., 2018. Public opinion, crime, and criminal justice. UK: Routledge.

Russell, S. and Baldry, E. (2017) In Charts: How Australia's Prisoner Population is Booming [online]. Available from < https://www.abc.net.au/news/2017-06-14/australias-booming-prison-population-in-three-charts/8616876> [Accessed on 13 Sep. 18].

Tubex, H., Brown, D., Freiberg, A., Gelb, K. and Sarre, R., 2015. Penal diversity within Australia. Punishment & Society, 17(3), pp.345-373.

van Zyl Smit, D. and Appleton, C. eds., 2016. Life imprisonment and human rights. UK: Bloomsbury Publishing.


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