THBT the first priority of criminal justice is rehabilitation, not retribution

I decided to replace the "this week's debate video" stuff with this-"case file" that I make almost every week. It seemed to me that it's much better than posting random WSDC videos.

So, hope you enjoy!

THBT the first priority of criminal justice is rehabilitation, not retribution

 

Definition

First Priority- carrying out policies and treating criminals under that prioritized value

Criminal justice- Realizing justice within society when treating criminals

Rehabilitation-Encouraging criminals to be contrite about their crimes by educating them about morals, things they should or should not do&Equipping criminals with skills that are useful for them to live in society later.

Retribution-An eye for an eye; making perpetrators to merely "live" in the given sentences. No more, no less.

Arguments

1. Justification in terms of law and human rights

A. Laws(and all the other similar restrictions) exist to make a safer society"(according to <Six Purposes of Law>__mechanism adopted by almost all countries)

-What is a safe society?

--society where innocent people are not harmed

--society where most people are living a stable life

--And criminal justice system is a means to realize a safe society

-Necessity of second chance

--Not all people are good-natured from the beginning

--Regardless of prioritizing rehabilitation or retribution, we(society)have to live with these criminals after they live their sentences

--So the main purpose of law is to transform criminals(or those with potential) into well-mannered citizens

-Compare and Contrast between these two

1) Retribution primarily emphasizes "an eye for an eye"

--strong punishment does not guarantee the success of the transformation

--will provoke antipathy against both government AND SOCIETY among criminals

--Since there is,

no effort put into transformation &

hostility will diminish any kind of willingness to 'change' among criminals,

Rehabilitation is NOT on the track of pursuing criminal justice

2) Rehabilitation IS on the right track

--Less future victims

---Prove:

a. prop. at least provides some programs to alleviate their behaviors

b. prop. guarntees even the future of the criminals (will be proven later on)

--Where as retribution brings temporary satisfaction to those who are emotionally 'outraged', rehabilitation leads to a fall in crime rates thus happiness of incomparably more people---Desirable in a utilitarian perspective

Ex.

(programs of Norway & US) Norway: recidivism rate 30% / US: 60%

Norway: various psychological therapies. The local employment service offers all job seekers jobs, special vocational guidance and counselling. Trainee work

Work and training try-outs.

(In accordance with the Social Welfare Act and the Act of Employment Services)

US : almost no outside activities allowed: even so, only a few minutes.

NO labor training/therapies/future guidance provided

2) Social stability due to virtual cycle

prop.'s policy has a concrete virtual cycle that leads to social stability

-rehabilitation equips criminals with skills they can utilize in life with the labor education programs after they have lived all the sentences

(during many years of imprisonment, they completely forget what they have learned before)

-necessity of virtual cycle

--heavy financial burden leads to instability in their lives

---definitiely increases the possibility of crime rates INCREASING (commonly accepted economic theory)

---and not-good financial status is prevalent in the SQ

Backup example: 76% of released criminals are in the lowest 5%, according to 2009 ministry of statistics record

+

-virtual cycle is legitimate

--legal punishment should END when the sentence is over

--however, retribution extends the punishment even after the sentence

---learning nothing from prison, criminals do have a hard time resocializing...have absoultely NO competitiveness at all

--financial impact on them(very serious)

-why are past-criminals neglected from the job market?

: they don't posses the labor skills necessary

=therefore these criminals can gain competitiveness through rehabilitation(teaches you labor skills)...they can get a job and make salaries

-What are the effects of virtual cycle?

--stability in their everyday lives

---less motivation to commit crimes

--therefore, a more stable society, a safer society