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Environmental Problems Essay Research Paper THE NEED

Environmental Problems Essay, Research Paper


THE NEED FOR EXTREME CRIMINAL JUSTICE REFORM IN CALIFORNIA


ORIENTATION


FACTORS:


I.Basic Introduction and description – Introduce basic sides of Criminal


Law and Elaborate


II.General History and Development


- Discuss the history and modifications of Reform Laws in California


III.Main Problems and Concern Stimulants


- Point out real life statistics and point out incidents


IV.Conclusion


- Point out the need for an extreme reform and what can be done


SENTENCE OUTLINE


I. An analysis of Department of Corrections data by the Center on Juvenile and


Criminal Justice in San Francisco, CA, in Nov, 1995 indicates that since the


enactment of California’s “Three Strikes” law two years ago, 192 have “struck


out” for marijuana possession, compared to 40 for murder, 25 for rape, and 24


for kidnapping.


A. I have a strong proposition for the California Legislature…and that is a


strict and logical reform to the present Criminal Justice System in California.


B. “The California Legislature is to be commended for its stance on crime. Not


for their “get tough” policies such as the “Three Strikes” law but for their


enactment of a little known section of the Penal Code entitled the “Community


Based Punishment Act of 1994.” (Senator Quentin Kopp, Time Magazine Feb 14,


1996) C. By passage of this act, the State of California has acknowledged the


limitations of incarceration as both punishment and a deterrent to criminal


behavior. D. The legislature has in fact declared that “California’s criminal


justice system is seriously out of balance in its heavy dependence upon prison


facilities and jails for punishment and its lack of appropriate punishment for


nonviolent offenders and substance abusers who could be successfully treated in


appropriate, less restrictive programs without any increase in danger to the


public”


II.More facts, Opinions and Developmental Ideas


A. In essence, this law proposes a community based system of intermediate


restrictions for non-violent offenders that fall between jail time and


traditional probation such as home detention with electronic monitoring, boot


camps, mandatory community service and victim restitution, day reporting, and


others. B. Pilot programs are to be developed as a collaborative effort between


the state and counties requiring a community based plan describing the sanctions


and services to be provided. C. A progress report on an actof this kind would be


made by the California Board of Corrections on January 1, 1997 and annually


thereafter to selected legislative committees.


III.Informatives


A. “It seems clear that the California Legislature has determined that


incarceration is not appropriate for many criminal offenses and that alternative


sanctions are preferable for non-violent offenders. ” (Randy Meyer, Political


Official) B. But while this approach is to be applauded, its spreading prevents


the fulfillment of its true potential. C. “By retaining those non-violent


offenders that are currently in state prison and continuing to pursue defensive


punishment at the local level in the form of short term “shock incarceration”


and bootcamps, the costly and ineffective methods of criminal behavior


correction remain intact.” (Charles Calderon-US News) D. By immediately


eliminating incarceration for all non-violent offenses and requiring victim


compensation and community service, resources can be committed to preventing


crime rather than to the feeding and housing of offenders. E. This is consistent


with the findings of the legislature and is cost efficient, requires minimal


systemic change, and increases public safety and security.


IV.The Proposal


A. “Our current criminal justice system appears to be based upon the Old


Testament proverb that “your eye shall not pity; it shall be life for life, eye


for eye, tooth for tooth, hand for hand, foot for foot.” Revenge thus plays a


part of the punishment model.” (LA Official Boland) From a societal standpoint,


we expect punishment to prevent the offender and others from further criminal


behavior. Incarceration of offenders as the punishment of choice thus


theoretically provides revenge, individual incapacitation, and restriction.


But I submit that such a philosophical foundation is flawed. Revenge while


understandable from an individual human perspective is not a proper basis for


society’s response to the misbehavior of its laws. This human urge to punish


should be removed from the current system and replaced with methods of


restrictions that utilize the offender’s potential to benefit his victim and


society at large. In other words, in a free society the end desired is the


correction of behavior that utilizes the least force . This conforms to the


principles of limited government, efficiency, reduced cost, and personal freedom


as advocated by both liberals and conservatives alike.


The basic underlying concept of this proposal is that incarceration should be


reserved for those who are violent and thus dangerous to the public. Violent


crimes would be defined broadly to include any act or attempt to injure the


person of another except by accident. This would therefore range from murder to


driving under the influence with current distinctions of misdemeanor and felony


offenses remaining in place.


The court sentencing procedures would also be modified to exclude incarceration


for non-violent crimes with an emphasis on victim restitution and community


service. The court would maybe rely on probation reports to provide the


necessary offender personal history including employment, job skills (or lack


of), and personal resources, e.g. bank accounts, property ownership, etc. Based


on this information, the court would apply the appropriate sentence of victim


restitution and community service with close monitoring by probation officials.


As with all human endeavors, compliance by offenders would most likely not be


100%. The threat of incarceration would have to exist for those failing to


submit to or comply with court ordered repayment and public service. Many will


not agree with this due to the complexity and in many cases there can be more


harm done then it could be beneficial. But for the most part there is no reason


to believe that the failure rate would be any higher under this type of system


than is currently the case


V.Conclusion


This proposal provides a policy alternative to the current criminal justice


emphasis on incarceration as punishment. It is based on the premise of


effectiveness and cost efficiency with a high regard for individual liberty that


is essential to a free society. It moves away from the concept of punishment and


focuses on a more functional goal of victim and societal repayment. The proposal


offers prevention at the front end rather than repayment at the back end of


crime reduction efforts.


The advantages of such a system are numerous. One of the most important assets


of a revision of this kind is that of allowing for a major change in the


criminal justice system with a minimum of disruption to the status quo. Rather


than requiring an entire systemic change, this proposal works within the current


practices of the court, police, and corrections. Indeed, very few authorized


changes would have to be made.


Enactment of this proposal would eliminate the need for future bond measures for


prison construction. Not only would it save taxpayer money, it would be most


advantageous to the remaining employees of the California Department of


Corrections by allowing for the closure of outdated and unsafe facilities. In


addition, unemployment could be kept to a minimum by offering qualified state


correctional officers employment with local law enforcement agencies.


It is time now to look beyond revenge and the emotionalism associated with


current justice system practices. “There is only one practical method of


reducing crime and the subsequent public’s fear and that is through a high level


of police presence on the street.” (Randy Meyer, M.A.) In essence, this revision


allows for a return of the local neighborhood police officer who is familiar


with its residents and business owners.


In the final analysis, our very freedom depends on how we treat society’s


criminals and misfits. By continuing to create a criminal class that has not


been rehabilitated through incarceration, we are ultimately sabotaging our own


security. Maybe with this we can have a means of reversing the trend of


incarceration as punishment while increasing our personal safety and diminishing


the fear that is rampant among us.


QUICK FACTS


-The current California prison population is 135,133 and is expected to increase


to about 148,600 by June 30,1996 per the California Department of Corrections.


-42.1% of these inmates are incarcerated for violent offenses, 25.3% for


property offenses,

26.2% for drugs, and 6.4% for other.


-Average yearly cost: per inmate, $21,885 and per parolee, $2,110.


-California Department of Corrections budget for 1995-1996: $3.4 billion;


proposed budget for 1996-1997 for both Corrections and Youth Authority: $4.1


billion. This compares to $1.6 billion for community colleges and $4.8 billion


for higher education.


-California Legislative Analysist Elizabeth Hill advised on February 26, 1996


that 24 new prisons will need to be built by the year 2005 to keep pace with the


incarceration rate. This will cost taxpayers $7 billion for their construction


and increase operating costs to $6 billion annually.


-California Attorney General Dan Lungren announced on March 12, 1996 that the


number of homicides reported in 1995 in the most populated two-thirds of the


state had declined 3.1%, rape 3.9%, robbery 7.9%, aggravated assault 4.2%,


burglary 8.9%, and vehicle theft, 11.4% (San Jose Mercury News, 3/13/96). This


is consistent with a 5% decline in the national violent crime rate for the first


half of 1995 per the FBI.


MANUSCRIPT


An analysis of Department of Corrections data by the Center on Juvenile and


Criminal Justice in San Francisco, CA, in Nov, 1995 indicates that since the


enactment of California’s “Three Strikes” law two years ago, 192 have “struck


out” for marijuana possession, compared to 40 for murder, 25 for rape, and 24


for kidnapping. I have a strong proposition for the California Legislature…and


that is a strict and logical reform to the present Criminal Justice System in


California. “The California Legislature is to be commended for its stance on


crime. Not for their “get tough” policies such as the “Three Strikes” law but


for their enactment of a little known section of the Penal Code entitled the


“Community Based Punishment Act of 1994.” (Senator Quentin Kopp, Time Magazine


Feb 14, 1996). By passage of this act, the State of California has acknowledged


the limitations of incarceration as both punishment and a deterrent to criminal


behavior. The legislature has in fact declared that “California’s criminal


justice system is seriously out of balance in its heavy dependence upon prison


facilities and jails for punishment and its lack of appropriate punishment for


nonviolent offenders and substance abusers who could be successfully treated in


appropriate, less restrictive programs without any increase in danger to the


public” In essence, this law proposes a community based system of intermediate


restrictions for non-violent offenders that fall between jail time and


traditional probation such as home detention with electronic monitoring, boot


camps, mandatory community service and victim restitution, day reporting, and


others. Pilot programs are to be developed as a collaborative effort between


the state and counties requiring a community based plan describing the sanctions


and services to be provided. A progress report on an actof this kind would be


made by the California Board of Corrections on January 1, 1997 and annually


thereafter to selected legislative committees. “It seems clear that the


California Legislature has determined that incarceration is not appropriate for


many criminal offenses and that alternative sanctions are preferable for non-


violent offenders. ” (Randy Meyer, Political Official). But while this approach


is to be applauded, its spreading prevents the fulfillment of its true potential.


“By retaining those non-violent offenders that are currently in state prison


and continuing to pursue defensive punishment at the local level in the form of


short term “shock incarceration” and bootcamps, the costly and ineffective


methods of criminal behavior correction remain intact.” (Charles Calderon-US


News). By immediately eliminating incarceration for all non-violent offenses


and requiring victim compensation and community service, resources can be


committed to preventing crime rather than to the feeding and housing of


offenders. This is consistent with the findings of the legislature and is cost


efficient, requires minimal systemic change, and increases public safety and


security. “Our current criminal justice system appears to be based upon the Old


Testament proverb that “your eye shall not pity; it shall be life for life, eye


for eye, tooth for tooth, hand for hand, foot for foot.” Revenge thus plays a


part of the punishment model.” (LA Official Boland). From a societal standpoint,


we expect punishment to prevent the offender and others from further criminal


behavior. Incarceration of offenders as the punishment of choice thus


theoretically provides revenge, individual incapacitation, and restriction.


But I submit that such a philosophical foundation is flawed. Revenge while


understandable from an individual human perspective is not a proper basis for


society’s response to the misbehavior of its laws. This human urge to punish


should be removed from the current system and replaced with methods of


restrictions that utilize the offender’s potential to benefit his victim and


society at large. In other words, in a free society the end desired is the


correction of behavior that utilizes the least force . This conforms to the


principles of limited government, efficiency, reduced cost, and personal freedom


as advocated by both liberals and conservatives alike. The basic underlying


concept of this proposal is that incarceration should be reserved for those who


are violent and thus dangerous to the public. Violent crimes would be defined


broadly to include any act or attempt to injure the person of another except by


accident. This would therefore range from murder to driving under the influence


with current distinctions of misdemeanor and felony offenses remaining in place.


The court sentencing procedures would also be modified to exclude incarceration


for non-violent crimes with an emphasis on victim restitution and community


service. The court would maybe rely on probation reports to provide the


necessary offender personal history including employment, job skills (or lack


of), and personal resources, e.g. bank accounts, property ownership, etc. Based


on this information, the court would apply the appropriate sentence of victim


restitution and community service with close monitoring by probation officials.


As with all human endeavors, compliance by offenders would most likely not be


100%. The threat of incarceration would have to exist for those failing to


submit to or comply with court ordered repayment and public service. Many will


not agree with this due to the complexity and in many cases there can be more


harm done then it could be beneficial. But for the most part there is no reason


to believe that the failure rate would be any higher under this type of system


than is currently the case This proposal provides a policy alternative to the


current criminal justice emphasis on incarceration as punishment. It is based on


the premise of effectiveness and cost efficiency with a high regard for


individual liberty that is essential to a free society. It moves away from the


concept of punishment and focuses on a more functional goal of victim and


societal repayment. The proposal offers prevention at the front end rather than


repayment at the back end of crime reduction efforts. The advantages of such a


system are numerous. One of the most important assets of a revision of this kind


is that of allowing for a major change in the criminal justice system with a


minimum of disruption to the status quo. Rather than requiring an entire


systemic change, this proposal works within the current practices of the court,


police, and corrections. Indeed, very few authorized changes would have to be


made. Enactment of this proposal would eliminate the need for future bond


measures for prison construction. Not only would it save taxpayer money, it


would be most advantageous to the remaining employees of the California


Department of Corrections by allowing for the closure of outdated and unsafe


facilities. In addition, unemployment could be kept to a minimum by offering


qualified state correctional officers employment with local law enforcement


agencies. It is time now to look beyond revenge and the emotionalism associated


with current justice system practices. “There is only one practical method of


reducing crime and the subsequent public’s fear and that is through a high level


of police presence on the street.” (Randy Meyer, M.A.) In essence, this revision


allows for a return of the local neighborhood police officer who is familiar


with its residents and business owners. In the final analysis, our very freedom


depends on how we treat society’s criminals and misfits. By continuing to


create a criminal class that has not been rehabilitated through incarceration,


we are ultimately sabotaging our own security. Maybe with this we can have a


means of reversing the trend of incarceration as punishment while increasing our


personal safety and diminishing the fear that is rampant among us.

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