Researchfinal.docx
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1) Punishment of Criminals
The criminal justice system and the conditions of punishment of the law offenders vary among jurisdictions. In some cases, split-sentencing is imposed; thus, the offender in some cases can be either in the active or inactive status. It is with the person to understand several factors in dealing with probationers, such as the individual's history, the current state of affairs, and the issue's future.
Most individuals agree that probation is a better alternative to incarceration; thus, probation has many benefits. Probation is cost-effective and keeps the individual in the community concerning incarceration (Kirkwood,2019). The research on probation is important in that there is a review of the covers on the use of probation, and it gives a clear indication of how casework helps in the success of the process of probation, guides the decisions to e made for probationers and gives an insight to new developments in the probation personnel.
It is, however, important to debate the importance of probation before diverting the people from the prisons to the community. Is it that the goal of probation is to rehabilitate? Is the goal to ensure the safety of the public? Is it to prevent crime? Or there are the mentioned and many more. The examination of the questions is crucial as it gives a clear impact it has on the probationers, the families, and the community that they reside and work in. it is the understanding of the primary roles and goals of probation that matter in giving the required conditions under which supervision of the probationers is important. Some of the reports show that there is a belief that many of the conditions given to the probationers are arbitrarily ordered and or given without any tangible reason (Phelps,2018). Conditions are not individualized to the individual concerns and risks; hence it is especially true for the jurisdictions that contain an order of the conditions that equally apply to all the probationers regardless of their offense.
Issues that touch on probation and the methods to enhance the rehabilitation of probationers are vital to study. The therapeutic model of community treatment is also to be put into consideration in the study as it is linked to the implementation of justice restoration in the case; the probationers are identified as victims and hence required to render services to the community as part of mending the relationship that was once broken (Phelps,2022). It is also important to note that the utilization of the model coupling with principles of restorative justice and further indication and recruitment of volunteers in the probation assistance enables maximum individual participation in the community; hence, restorative justice is taken with greater and deeper meaning as the residents are also directly involved. It is, therefore, practical as the volunteers obtain support directly for the needs of the clients and the supervisors with the pardonees and the paroles.
All the efforts of the study are placed in hand to the placing of the probation as a form to its best in producing sound and well-mannered individuals who are ready to change and better their lives and those of their loved ones. Agencies have been working on issues such as group and individual counseling, thus aiding in solving some of the individuals' problems (Harris,2022). Moral and spiritual support is also offered, in some cases, accompanied by work placement or job; thus, it enables the success of the probation in both homes and the community at large.
In conclusion, it is important to note that a society that aims to improve the success of the criminal justice system, reduce mass incarceration, and improve public safety has to make a visitation of the goals and the aims of probation regularly. Working to ensure that the policies and the practices of probation meet the needs and goals is paramount. Therefore, exploring opportunities and alternative possibilities with intermediate sanctions are required to meet the needs.
References
Harris, R. (2022). Crime, criminal justice and the probation service. Taylor & Francis.
Kirkwood, S., & Hamad, R. (2019). Restorative justice informed criminal justice social work and probation services. Probation Journal, 66(4), 398-415.
Phelps, M. S., & Ruhland, E. L. (2022). Governing marginality: Coercion and care in probation. Social Problems, 69(3), 799-816.
Phelps, M. S. (2018). Ending mass probation. The Future of Children, 28(1), 125-146.
2) Literature Review: PUNISHMENT OF CRIMINALS (Death Penalty)
Abstract
The death penalty remains one of the most controversial issues in criminal justice despite its decline (Hong and Kleck's, 2018). There have been numerous debates in the past on the death penalty as a deterrence system for individuals who commit capital crimes. Several areas in the US to date allow execution as a form of capital punishment for criminal offenders. The states which allow/use the death penalty assume that this form of punishment deters people from committing capital offenses in a way. However, several pieces of research and findings give contrary opinions on the same issue. This literature review notes several research issues regarding this type of punishment of criminals. These are; first, recently, the death penalty has been reduced in most countries that had already embraced it as a form of punishment, and there might be a likelihood of further reduction on the same in the near future. Secondly, there has been little impact of the death penalty in the reduction of capital offenses. Thirdly, criminologists, among other professions in the criminal system, still doubt the impact of the death penalty in its effectiveness and role in criminal justice. Lastly, most citizens in countries that allow the death penalty are against it and want its abolishment. This review proposes abolishing the death penalty as a form of punishment in dealing with capital offenses committed by people. This review further stresses that an investigation should be done into the family of the executed convicts to assess their mental health and the effects such acts bring on their general psychological well-being.
Introduction
The main aim of the death penalty in countries that allow it has been to condemn people that commit capital offenses. Several ways of execution include lethal injection, hanging, electrocution, and firing squad. Citizens in countries that allow the death penalty have raised mixed reactions to the use of execution, with most of them proposing the end of such a practice. However, Hong and Kleck (2018) state that despite the cries of the citizens in countries that allow it, the death penalty is still practiced and legalized in some countries worldwide. Findings from various research indicate that conviction cases involving the death penalty have reduced over the years as the justice system takes over and proposes a number of other approaches to decreasing the percentage of individuals who are convicts of execution.
The primary purpose of this review is to take a deeper look at the death penalty and the issues surrounding its effectiveness. For the success of this review, an exploration of literature was done to come up with current issues, findings, and suggestions regarding the death penalty as a means of deterring people from capital offenses. The review bases its findings on several researched articles that are rich in information regarding the death penalty in countries that allow it. Hong and Kleck's (2018) study argues that the death penalty is perceived differently by different individuals, with most viewing it as a form of cruelty towards human life. Therefore, most people propose that the government should abolish the death penalty. Findings, however, state that the practice is still allowed in some countries, with some governments recommending it in cases detailing capital offenses.
Death Penalty Literature Review
The use of literature review has been on the rise in researching different topics/issues involving society. One of the main reasons contributing to the increase of the use of literature review in research and studies is its exposure to unlimited sources on the issue under review. For instance, the death penalty has been researched since its introduction in early 1600 (Lambert et al., 2018). This tells us that several articles and materials discuss the death penalty issue.
Trends and Developments in Death Penalty
Since its inception in the early 1600s, the death penalty has witnessed several developments and trends in its practice. For example, several states in the US denounced the practice from their constitution in the 1900s (Lambert et al., 2018). The denouncement influenced the death penalty practice following the increase in anti-death movements which came out strongly to oppose the death penalty practice terming it as inhumane and cruel to human life. Several developments in the rights of the people also contributed to the termination of the death penalty in some countries, as citizens were now allowed to participate in the formation of the constitution. For instance, citizens of several states in the US challenged the legality of capital punishment in state courts, which led to the Supreme Court ruling it an unusual punishment for convicts.
Porter et al. (2018) study discusses the impact of death penalty reinforcement in several countries and goes in-depth regarding the US. According to the study, 1976 marked a crucial period for the death penalty in the US. The authors state that the temporary abolishment of the death penalty in 1976 led to a number of regions addressing several issues raised in the Furman case.
After that, several researchers agreed with Porter et al. (2018) findings in which they echoed that the period not only marked a vast trend and development in the history of the death penalty but also led to the enactment of several laws on the same. The reintroduction of the death penalty on convicts blew the efforts of human activities and movements that strongly opposed the death penalty. Over the years, we have witnessed several trends and developments regarding the death penalty.
Perception of Death Penalty
People who only advocate that the practice of the death penalty is the only solution to curb capital punishment may be referred to as conservatives. According to Anderson et al. (2017) study, most countries/states that still advocate for the death penalty are dominated by conservatives, while republicans are found in the states which do not practice the death penalty. In general, the death penalty has dramatically reduced in most states in the United States, especially in the late 2oth and 21st centuries (Anderson et al., 2017). The authors state that the decline can be attributed to several factors, such as an increase in awareness of the death penalty and the issues entailing it, including its effectiveness. The authors in their study also note that the decline will likely increase in the future as more people are against the practice of capital punishment on convicts. The governments of countries that allow capital punishment are also under pressure from different movements that strongly oppose the use of the death penalty; therefore, in the future, the governments may choose to abolish the type of punishment for offenders. Some less developed countries have also abolished the use of the death penalty for offenders who commit capital offenses.
Studies conducted to ascertain the effectiveness of capital punishment have proven that the death penalty is not sufficient to deter people from committing capital offenses. Despite the use of the death penalty, capital offenses are still committed, with the media reporting such cases almost daily. Some findings suggest that the main reason why some countries, such as the US, still use capital punishment is to make the offenders think twice before committing the offenses. However, this might not be the case since some still commit the offenses despite knowledge of the punishment afterward. Therefore, most researchers and authors state that the death penalty is no longer effective in deterring people from committing capital offenses. Acker's (2017) study findings show that more than 50% of American view the death penalty as unconstitutional and cruel than a form of reducing capital offenses. According to the study, the Black Community in America views the death penalty as a form that the dominant race uses to hinder Blacks' rights. According to Porter et al. (2018) study, most people are convinced that the death penalty is for the minority in the community, increasing inequality in terms of people's rights.
Summary Findings
The literature review findings state that despite the fact that the death penalty is still used today, it is on the decline based on recent statistics. The main reason why the death penalty is used is to punish capital offenders (Porter et al., 2018). The countries that allow it hold the assumption that capital punishment will make those intending to commit capital offenses think twice before the act, but findings give a contrary opinion. The review indicates that the death penalty has undergone several phases to attain its current position. The phases include suspension, constitutional challenges, reintroduction after suspensions, and public criticism of its legality. This literature review states that there has been a significant decline in death penalty convictions, especially in the 20th and 21st Centuries.
The decline is expected to decline further in the future. Some scholars also predict a reduction in death penalty cases because more countries are likely to abolish the use of capital punishment in their laws in the future (Lambert et al., 2018). This is because some countries allowing the death penalty have noted that they have not executed any offender under the death penalty code in the last decade. The literature review also indicates that the death penalty has had little impact on the deterrence of capital offenses. Criminologists have also stated that the death penalty has not been of much help in deterring capital offenses, with psychologists adding that it has resulted in mental and psychological issues among the families and friends of the convicts.
From the literature review, it is also worth noting that most people found in countries that allow capital punishment are not in support of it and propose another form of punishment to replace it. People who are against the death penalty view it as a practice that deprives human beings of life. Therefore, proponents of the abolishment of a capital punishment state that the death penalty violates human life and is immoral (Lambert et al., 2018).
Conclusion
In conclusion, debates have risen in assessing the effectiveness and legality of the death penalty as a form of punishment for capital offenders. Some countries which allow it still in believe that capital punishment help in deterring people from committing capital crimes despite the fact that various findings give contrary opinions. There have also been several developments and trends, including challenges that have seen the death penalty get in its current position (Hong and Kleck, 2018). The review has also foreseen a decrease in the cases. Most countries that allow the death penalty base their support on the fact that it is a form of punishment, whereas findings tell us otherwise. The findings tell us that the use of the death penalty has not contributed to deterring individuals from committing capital crimes as media houses still report cases of rape and violence which are punishable by death. As we continue to witness the decline in death penalty cases in the last Century and the current (21st) century, the decline can be attributed to the increase in civilization among the people, and capital punishment will likely be a thing of the past in the near future. This literature review recommends further research and study of the psychological and mental effects of the death penalty, or capital punishment, on those close to the executed offenders.
References
Acker, J. R. (2017). Scrutinizing the death penalty: State death penalty study commissions and their recommendations. In The death penalty today (pp. 45-76). CRC Press.
Anderson, A. L., Lytle, R., & Schwadel, P. (2017). Age, period, and cohort effects on death penalty attitudes in the United States, 1974–2014. Criminology, 55(4), 833-868.
Hong, M., & Kleck, G. (2018). The short-term deterrent effect of executions: An analysis of daily homicide counts. Crime & Delinquency, 64(7), 939-970.
Lambert, E. G., Baker, D. N., Elechi, O. O., Jiang, S., Khondaker, M. I., Pasupuleti, S., & Hogan, N. L. (2018). Gender and cultural differences on death penalty support and views among Indian and US college students. Journal of Ethnicity in Criminal Justice, 16(4), 254-271.
Porter, J. R., Morrison, E., Chintakrindi, S., & Shapley, D. (2018). The historically enduring gap in death penalty support: Re-examining the role of context in the recent history of the black-white divide. Kriminologija & socijalna integracija: časopis za kriminologiju, penologiju i poremećaje u ponašanju, 26(2), 136-159.
3) The Historical Background of Crime and Punishment of Fyodor Dostoevsky (Research Methodology)
Research question
What is the relationship between crime and punishment?
Proposed type of study
The appropriate type of research to use in this study is the systematic review. This is designed in a manner that it will enable to examine researches in a manner that it will enable to examine researches that are related to the research questions in a standardized manner. A systematic research study aims to put relevant data into a more organized collection to identify opportunities for more research on the topic. In this case, our main topic is the crime and punishment of Fyodor Dostoevsky, and the specific question is related to the historical background of the topic (Dostoyevsky, 2017). This research study will enable to answer this question because it will provide the researcher with a variety of options or strategies for gathering data from the generated sample. Additionally, the study will provide room for future researchers to continue doing research on the topic.
Measuring variables
The primary variable that I will measure in this research is the relationship between crime and punishment. From a general perspective, the level of crime is determined by the types of punishment. Mostly, when criminals are unpunished, they are likely to engage in criminality, thus increasing the crime rate in the region or in the country. Also, if they are subjected to non-harsh punishment, they are likely to continue engaging in criminality. On the other hand, if criminals are harshly punished, the crime rate is likely to reduce because people will fear the negative consequences that might emanate from criminality.
Hypothesis
Does the type of punishment contribute to recidivism?
Type of Data
The data I will use in this research will be determined by the research method or the type of study. In this case, I used systematic review, and therefore, I am likely to use qualitative and quantitative data. Qualitative data entails non-numerical data, which I will use to describe the results I obtained during the research. Also, this data will help to make an in-depth analysis, thus providing the researcher with a detailed analysis, such as a thematic analysis of the subject matter (Dostoyevsky, 2017). Also, this data will enable the researcher to understand what the research participant or the subject thinks. For example, based on the response given, the researcher can determine whether the person is a potential criminal or not. The second type of data I will use is quantitative data, which refers to data in numerical. This data will be used to show the number of people believing punishment plays an important role in recidivism.
Component of the study
This research study will contain two main components; that is, survey and questionnaires. The survey is a quantitative method of collecting data from a pool of respondents by asking them multiple survey questions. The main reason for using this method is that it enables the researcher to have a large population sample, thus maximizing the chances of gathering more data. Secondly, it is easy to use in information gathering. The other component is distributing questionnaires to the population sample. In this case, the participants will be required to answer the questions based on their experience. For example, one of the questions they will be required to answer is whether the type of punishment can lead to recidivism. In this case, the respondent will be required to provide a "yes" or "no" answer and then explain the reason for the answer. Thereafter, the researcher will be required to conduct an analysis of the data in order to eliminate errors the respondents might have made when answering the questions.
Reference
Dostoyevsky, F. (2017). Crime and punishment. Oxford University Press.
4) The Historical Concept of Crime and Punishment (Data Collection Method)
There are various ways in which researcher use to collect data during research. In this research, I will use questionnaires to correct data on the historical concept of crime and punishment. Before collecting data, it is important to understand what this method entails. This is a list of questions used to gather data from the respondent about their experience, attitude and opinion (Ebert et al., 2018). Questionnaires can be used to collect both qualitative and quantitative data.
In any research, a researcher must select a sample from a population from which he or she will get information. In this research, I will use random selection to obtain the sample. This is one of the techniques used in selecting a sample, and upon selection, each sample has an equal probability of being selected for research. In this case, I would obtain a sample size of twenty people; ten males and ten females. This will uphold equality and avoid being biased or discriminating against any gender.
During the data collection process, the respondent will be required to fill in questions that will be provided to them. Some of the questions include the following;
· What is the relationship between crime and punishment?
· Does punishment determine the crime rate?
· Have you ever engaged yourself in criminality?
· Have you ever been punished by the criminal justice system for committing a crime? If yes, have you committed a crime again? Explain.
· How can punishment reduce the crime rate?
These are some of the main questions which will be contained in the questionnaire, and the respondent will be required to answer them based on their knowledge and experience.
Once the respondent has answered all the questions, I collect the data and analyze it to eliminate general errors such as spelling mistakes. This will enhance the quality of data which plays an important role in making a firm decision.
There are several reasons that have driven me to select this data collection method. The first is due to data accuracy. While methods such as face-to-face interaction and over-telephone interviewing require the interviewer to process the respondent's answers. But with the questionnaire, either physical or online, answers will be automatically inserted in the provided answering box, spreadsheet or database, thus reducing the risks of errors. Secondly, it is cost-saving compared to other methods of collecting data, such as a survey. In this case, barriers such as distance will not be a hindrance because I will have the option of using online questionnaires or having a physical interaction with the sample. On the other hand, a survey will require the researcher to interact physically with the respondent to obtain information based on his or her perspective.
The other reason for using this data collection method is because it doesn't take a longer period to obtain the data. In this research method, questions are simple, open-ended, and easy to answer; therefore, the respondent will take a few minutes to provide answers to the question. Also, if the respondent doesn't understand the questions, I will guide him or her on how to answer them. In other words, this method of collecting data allows the researcher to help the respondents answer the questions.
Reference
Ebert, J. F., Huibers, L., Christensen, B., & Christensen, M. B. (2018). or web-based questionnaire invitations as a method for data collection: a cross-sectional comparative study of differences in response rate, completeness of data, and financial cost. Journal of medical Internet research, 20(1), e8353.
5)
In crime and punishment, Dostoevsky can be described as responding to European philosophical scenarios and circumstances of his time. The title itself preempts almost all of the terms of the content, with the main murderer being a recognized law student on a break from his studies. On the other hand, the pursuant of the case is an advocate and an examining magistrate. Nonetheless, one of the major aspects of ‘Crime and Punishment of Dostoevsky’ can be regarded as the time in which it is set. It was during the somewhat tremendous legal changes in Russia, including the emancipation of serfs and monumental reforms of the court process and system, among others (Dostoyevsky, 2017). Therefore, the novel can be described as having been influenced greatly by the environment, in context to the content, circumstances, and experiences.
One of the most notable limitations of Crime and Punishment is that Dostoevsky is that he was neither a lawyer nor an advocate. Despite having spent a great deal of time watching trials and contacting other recognized lawyers of the specific period. Regardless of whether this came from the innate fascination with human circumstances as exhibited in criminal trials or from his perspective and engagement with the law, this case can be described as having been inspired by the prior cases of the day before any major changes took place. In addition, this novel's contents can be regarded as hugely influenced by Dostoevsky’s religion (Tahsin, 2019). He was a Christian and lived during a time when different ideologies were being spread all over the Russian state. For instance, one of the ideologies is that an action is justifiable depending on its effects on the greater good. This text demonstrates utilitarianism, where an individual’s actions, such as murder, can be legitimized through committing themselves to all humankind services and their related common cause or outcome.
Reference.
Dostoyevsky, F. (2017). Crime and punishment. Oxford University Press.
Tahsin, A. (2019). A reflection on Russia’s existential nihilism from Dostoevsky’s crime and punishment and notes from the underground (Doctoral dissertation, BRAC University).