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Punishment vs. Rehabilitation: A Proposal for Revising Sentencing Practices

NCJ Number
133881
Journal
Federal Probation Volume: 55 Issue: 3 Dated: (September 1991) Pages: 37-45
Author(s)
H R De Luca; T J Miller; C F Wiedemann
Date Published
1991
Length
9 pages
Annotation
Some correctional systems use punishment as the primary approach, others stress rehabilitation, and some use both punishment and rehabilitation, but no current system focuses on incarceration as a short period of punishment followed by a lengthy period of community-based rehabilitation and strict supervision.
Abstract
Revising the sentencing system to reflect two stages of correctional supervision, one punitive and one rehabilitative, involves redefining the prison and parole systems. Prisons should be places where confinement is not "easy time," and parole should be a period of intense supervision and rehabilitative programming. Under this dual sentence process, incapacitation and punishment would be provided both through time incarcerated and time spend under intense parole supervision. Deterrence would be provided by the heightened effectiveness of punishment and supervision. Rehabilitation programs, conducted in the parolee's community, would provide an opportunity for the parolee to be self-supporting. A structure of mandatory sentences and fines would be established for all crimes currently classified as misdemeanors or felonies. Some crimes would be excluded from the two-phase sentencing system such as multiple murder or rape and crime committed by mob-linked criminals. The sentence would stipulate the length and supervisory level of parole and would designate rehabilitation programs to be attended. The cost-effectiveness of the proposed approach is discussed. 31 references and 2 tables