Topic > Rehabilitating Offenders Instead of Punishment: The Argument of Lesser Eligibility

This essay will examine the argument of “lesser – admissibility” and how society and the state have such an influence on the rehabilitation of offenders. Furthermore, it will analyze and justify the need for rehabilitation and equitable distribution of resources among the impoverished and delinquents of a community. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an Original EssayIt is not surprising to say that delinquents are socially stigmatized throughout their lives, even if they have truly morally reevaluated themselves, their past actions and choices will be disapproved of by the rest of society. Therefore, arguments such as “lesser suitability” should be expected to thrive, taking into account the fact that negativity and prejudice already exist around offenders. In Bentham's words, his principle of lesser eligibility holds that "except for the respect due to life, health and physical comfort, the ordinary conditions of a condemned convict" must not be made "more suitable than those of the class poorer than citizens in a state of innocence and freedom". Wanting to care for those living in situations of severe deprivation – and who could easily have turned to crime but chose not to – is perfectly understandable. However, if we adopted Bentham's principle it would mean that prison conditions would be worse than those found in the worst slums, and prisoners would be pushed to the brink of starvation, leading to inhumane conditions. So, this brings us to the question: why are we trying to rehabilitate criminals? Why not keep everyone in prison who shows signs of behavior against the law? Well, to answer these questions, throughout the history of rehabilitation many have argued that its existence in the penal system is essential, as it has promising potential to reduce recidivism. Furthermore, many argue that through rehabilitation we can heal damaged relationships and ensure safety in the community. According to Rotman's thesis, there is a duty to provide rehabilitation to mitigate the harm caused by the penalties (i.e. imprisonment) inflicted on the offender. He goes on to support the idea that we – as a society – have an obligation to offer each offender the opportunity, and the necessary resources, to reintegrate into society as a useful human being. There is this promise around rehabilitation, that it will have a significantly positive impact on society, if we were to take a strength-based and restorative approach, which focuses on the "positive attributions a person can make", then we could have a really positive outcome , being able to transform criminals into law-abiding members of society who will actively contribute to the general good. It might be said that it is generally accepted that social and personal circumstances are active agents that lead people to violations of the law (rendering them helpless and having no other choice), rehabilitative ideology makes it clear that to stop re-offending, society must show support for reform programs that will lead to a more equitable distribution of resources through a broad structural transformation of the social order. For offenders to achieve relational reintegration into society, the same society that punished them should provide them with opportunities to prove themselves as productive, law-abiding members. We should also keep in mind that many offenders come from disadvantaged neighborhoods associated with incarceration, high unemployment, and low education. And in the words of Bobby Cummines, “onesociety that doesn't care is a society you don't care about", meaning that if the state turns its back on those who need support, the results will be much more tragic than expected. The negativity surrounding rehabilitation is probably associated with Martinson's article, based on a series of studies, which led him to conclude that “nothing works.” In his words, there is “very little reason to hope that we have actually found a safe way to reduce recidivism through rehabilitation… psychotherapy, in its form better, cannot overcome or even significantly reduce the strong tendency of offenders to continue to engage in criminal behavior". rehabilitation was perceived as a form of treatment that would correct certain defects in individuals. The medical model was firmly based on the positivist school of criminology which regarded offenders as passive agents, devoid of choice (regarding their actions) and consequently their crime wasn't their fault, in fact it was seen as the mere result of external factors beyond their control. . While the medical model was applied to criminals, it was assumed that to stop recidivism, it would be necessary to physically restrain them or remedy the disorder that had driven them to crime. This treatment model has been criticized as fundamentally and morally wrong. According to Balch we cannot – and should not – use the framework and knowledge of how disease works and apply it to crime; disease affects people for no reason and unexpectedly while crime is something that people knowingly involve themselves in. In practice, this rehabilitation model was seen as a waste of resources in trying to find the physical causes of crime, even though there was no real evidence to support that there was any. Furthermore, the treatment to which offenders were subjected was often, according to Moran, dehumanizing procedures such as psychosurgery, electroshock treatment, brainwashing techniques, etc. We've tried and failed, and asked ourselves again and again how are we supposed to make rehab work? What is the right moralistic framework on which to base such a system? Rotman shows two fundamentally different approaches. The first is the authoritarian model, which seeks compliance through intimidation and coercion of offenders, essentially seeking to shape the offender in an attempt to ensure conformity to a pre-established pattern of thought and behavior. On the other hand, it suggests a more humanistic approach to rehabilitation, the anthropocentric model. This model is customer-oriented and promotes voluntariness, giving primacy to the real human being rather than metaphysical fixations or ideologies. The two models are quite extreme, placing themselves in two different theoretical spheres, and in the real world it would be much more possible to see a healthy mixture of the two, a system that is harsh on criminals but which is also understanding and willing to give second chances. If we decided to reshape rehabilitation into a “therapeutic” system, then, unlike punishment, we would examine and focus more on people's needs, and instead of condemning them we would offer sympathetic assistance for any problems that arise. This approach could potentially be very beneficial, since, as we have highlighted previously, for most people going through the penal system it would be more of a process of 'enabling' rather than rehabilitation. Many people have never had the opportunity to acquire positionssocial and build meaningful relationships, then through a "therapeutic" system it was possible to provide them with the essential assistance to achieve something significant in their lives. As Faulkner points out, "the general public is willing to consider prisoners as people who have lost the right to citizenship." However, many theorists contradict the views of society and push the idea of ​​rehabilitation as a right. This view supports the basis that offenders are members of the community and their affiliation with it must be restored. Rights-based system essentially highlights the fact that the state and the community have mutual obligations to each other, so rehabilitation is fundamentally perceived as a right that follows the due fulfillment and completion of the sentence legitimately inflicted. To quote Duff, "the burden that the offender is required to bear, as punishment, can be seen as a formal and forceful apology towards his victims and the wider community wide"; therefore, considering this topic, imprisonment should be sufficient and society must be prevented from taking a vindictive role, trying to remove prisoners and see them as high-risk individuals. It could be argued that rehabilitation is on the road to rebirth. Some argue that probation is "basically a form of community service that prevents further crime through the rehabilitation of the offender." During the 1950s and 1960s, social workers began to be seen as professionals who worked in a scientific manner. We saw a change in their work, with the emphasis shifting from utilitarian concern towards asserting that individual needs and relationships were their primary focus. Additionally, some more current changes, which are often delivered through “programs” aimed at empowering and providing offenders with the resources and social skills needed to lead their lives legally. We have come far enough to recognize that offenders not only need help with self-control, communication and critical thinking, but also need assistance with housing, employment and reconstruction of their status as part of society. Such programs have the potential to provide such help. However, such opportunities should be "realized in a social policy context that guarantees opportunities even to those who do not offend", since everyone has the fundamental right to the recognition and satisfaction of their basic needs. An example of such a program would be the RNR – developed by McGuire & Priestly – which fundamentally focuses on three principles: risk, necessity and responsiveness. What it does is examine the offender's risk of reoffending, assess and address their criminogenic needs, and ultimately provide cognitive behavioral treatments. Please note: this is just an example. Get a Custom Paper Now from our Expert Writers .Get a Custom EssayTo come to a conclusion, for rehabilitation to be successfully incorporated into the penal system, it would be essential to take certain steps and better inform the public about the progress we are trying to make through this system and the potential benefits it could have on society as a whole. What is equally urgent is the need for new research to analyze the work done by rehabilitation programs to date. Furthermore, society must learn to embrace more humane principles to use as guidelines for punishment. Furthermore, we need to show a more compassionate and understanding attitude towards the problems of offenders who have them.