Essay Topics
Types of Essays
Essay Checklist
Word Counter
Readability Score
Essay Rewriter
There is yet another method of social rehabilitation of offenders which has assumed great importance in recent times. It is commonly called the method of "suspended sentence". The method of suspended sentence is different from that of indeterminate sentence. In the former, the offender is prosecuted for his guilt but he is not institutionalized while in the latter he is sentenced for an uncertain term with at least the minimum for that particular offence after which his release depends on the Administrative Board's reaction to his good behavior. Since the courts are motivated by humanitarian consideration, they prefer to punish the offender with suspended sentence rather than with the indeterminate one, and this has eventually led to the evolution of system of parole, probation and other correctional methods of treatment of offenders. It must also be stated that just as the system of parole is based on indeterminate sentence, the system of probation is based on suspended sentence. Besides parole and probation, there are a number of other quasi-penal institutions such as reformatories, borstals and rescue homes which are engaged in the task of bringing about rehabilitation of offenders in society. More recently, there has been a growing tendency in some countries to relieve the courts of their power and control over the punishment and treatment of offenders and pass it on to the professional bodies or Administrative Boards. In Scandinavia and some States of America as also in England and Scotland, the decision about the treatment of young offender is taken out of the criminal courts and handed over wholly to the professional experts in correctional services. Even in matters of adults, the power of the Court to control the duration, nature and security of confinement has been considerably curtailed and in some cases even withdrawn. With the introduction of probation, parole and indeterminate sentence, the actual date of release of offender is determined by those who are in charge of his custody. Thus, the object underlying these correctional measures is to correlate sentence to reformation of the offender and ensure protection of others rather than the old fashioned ideas of retribution cherished by the courts. Indeterminate sentence has not been accepted in the Indian penal system though it is being extensively used in the United States and some of the European countries. In the strict sense, the sentence is 'indeterminate' when no minimum or maximum limit is laid down by the penal law, but in actual practice the court invariably sets out the minimum and maximum period of sentence leaving it with the prison authorities to retain the offender in jail only for the optimum period until he is reformed and responds favorably to rehabilitative process. It hardly needs to be stressed that mechanical apportionment of punishment to guilt would serve no useful purpose in the modern context. The correct approach to the problem of sentencing has been rightly expressed by James Mills in his celebrated article in Encyclopedia Britannica wherein he stated that "whatever punishment is to be inflicted, it should be determined by its adaptation to crime. The progressive trends in penology in form of probation, parole, indeterminate sentence etc. should not lose sight of this fundamental principle of penal law. Finally, it must be stated that the ultimate justification of all sentencing is the protection of society and rehabilitation of the offender. At times, a prolonged confinement of offender may be necessary in the interest of society's protection and no rehabilitative technique may suit the offender in view of his anti-social behavior. In such cases, definite sentencing alone seems to be the only viable alternative. Even in cases where there is probability of the offender responding favorably to flexible sentencing, the problem to determine the appropriate time of release may pose real difficulty. Therefore, theoretically the technique of indeterminate sentence may appear to be ideal one, but the risk of arbitrary discretion of the prison authorities involved in it, may frustrate the benevolent principle underlying this mode of sentencing. The principle of justice demands that the like cases be treated alike. As H. L.A. Hart rightly contended. "Injustice arises when equals are treated unequally and also when unequals are treated equally." Disparity in sentences defeats the object of modern correctional penology. In India, the provisions relating to appeal, revision as well as hearing on the point of sentence tinder Section 235 (2) of the Code of Criminal Procedure, 1973 are meant to mitigate the disparity in sentences as far as possible. In the ultimate analysis it may be stated that whatever be the mode or pattern of sentencing, its object should be protection of society and stamping out the criminal proclivity. In choosing the mode of sentence, the sentencing authorities should adopt corrective machinery or the deterrence, based on factual matrix and its import on social order. Any undue leniency in choosing any particular form of sentencing will be result wise counter- productive in the long run and against societal interest.
Essay Writing Checklist
The following guidelines are designed to give students a checklist to use, whether they are revising individually or as part of a peer review team.
Introduction
  • Is the main idea (i.e., the writer's opinion of the story title) stated clearly?
  • Is the introductory paragraph interesting? Does it make the reader want to keep on reading?
Body Paragraph
  • Does each body paragraph have a clear topic sentence that is related to the main idea of the essay?
  • Does each body paragraph include specific information from the text(including quoted evidence from the text, if required by the instructor)that supports the topic sentence?
  • Is there a clear plan for the order of the body paragraphs (i.e., order of importance, chronology in the story, etc.)?
  • Does each body paragraph transition smoothly to the next?
Conclusion
  • Is the main idea of the essay restated in different words?
  • Are the supporting ideas summarized succinctly and clearly?
  • Is the concluding paragraph interesting? Does it leave an impression on the reader?
Overall Essay
  • Is any important material left unsaid?
  • Is any material repetitious and unnecessary?
  • Has the writer tried to incorporate "voice" in the essay so that it has his/her distinctive mark?
  • Are there changes needed in word choice, sentence length and structure, etc.?
  • Are the quotations (if required) properly cited?
  • Has the essay been proofread for spelling, punctuation, grammar, etc.?
  • Does the essay have an interesting and appropriate title?
Essay on Social Rehabilitation of Offenders
Trending Essay Topics
Explore today's trending essay topics:
Reference
Feel free to use content on this page for your website, blog or paper we only ask that you reference content back to us. Use the following code to link this page:
Terms · Privacy · Contact
Essay Topics © 2019

Essay On Social Rehabilitation Of Offenders

Words: 827    Pages: 3    Paragraphs: 11    Sentences: 35    Read Time: 03:00
Highlight Text to add correction. Use an editor to spell check essay.
              There is yet another method of social rehabilitation of offenders which has assumed great importance in recent times. It is commonly called the method of "suspended sentence". The method of suspended sentence is different from that of indeterminate sentence. In the former, the offender is prosecuted for his guilt but he is not institutionalized while in the latter he is sentenced for an uncertain term with at least the minimum for that particular offence after which his release depends on the Administrative Board's reaction to his good behavior.
             
              Since the courts are motivated by humanitarian consideration, they prefer to punish the offender with suspended sentence rather than with the indeterminate one, and this has eventually led to the evolution of system of parole, probation and other correctional methods of treatment of offenders.
             
              It must also be stated that just as the system of parole is based on indeterminate sentence, the system of probation is based on suspended sentence. Besides parole and probation, there are a number of other quasi-penal institutions such as reformatories, borstals and rescue homes which are engaged in the task of bringing about rehabilitation of offenders in society.
             
              More recently, there has been a growing tendency in some countries to relieve the courts of their power and control over the punishment and treatment of offenders and pass it on to the professional bodies or Administrative Boards. In Scandinavia and some States of America as also in England and Scotland, the decision about the treatment of young offender is taken out of the criminal courts and handed over wholly to the professional experts in correctional services.
             
              Even in matters of adults, the power of the Court to control the duration, nature and security of confinement has been considerably curtailed and in some cases even withdrawn. With the introduction of probation, parole and indeterminate sentence, the actual date of release of offender is determined by those who are in charge of his custody.
             
              Thus, the object underlying these correctional measures is to correlate sentence to reformation of the offender and ensure protection of others rather than the old fashioned ideas of retribution cherished by the courts.
             
              Indeterminate sentence has not been accepted in the Indian penal system though it is being extensively used in the United States and some of the European countries. In the strict sense, the sentence is 'indeterminate' when no minimum or maximum limit is laid down by the penal law, but in actual practice the court invariably sets out the minimum and maximum period of sentence leaving it with the prison authorities to retain the offender in jail only for the optimum period until he is reformed and responds favorably to rehabilitative process.
             
              It hardly needs to be stressed that mechanical apportionment of punishment to guilt would serve no useful purpose in the modern context. The correct approach to the problem of sentencing has been rightly expressed by James Mills in his celebrated article in Encyclopedia Britannica wherein he stated that "whatever punishment is to be inflicted, it should be determined by its adaptation to crime. The progressive trends in penology in form of probation, parole, indeterminate sentence etc. should not lose sight of this fundamental principle of penal law.
             
              Finally, it must be stated that the ultimate justification of all sentencing is the protection of society and rehabilitation of the offender. At times, a prolonged confinement of offender may be necessary in the interest of society's protection and no rehabilitative technique may suit the offender in view of his anti-social behavior. In such cases, definite sentencing alone seems to be the only viable alternative. Even in cases where there is probability of the offender responding favorably to flexible sentencing, the problem to determine the appropriate time of release may pose real difficulty. Therefore, theoretically the technique of indeterminate sentence may appear to be ideal one, but the risk of arbitrary discretion of the prison authorities involved in it, may frustrate the benevolent principle underlying this mode of sentencing.
             
              The principle of justice demands that the like cases be treated alike. As H. L. A. Hart rightly contended. "Injustice arises when equals are treated unequally and also when unequals are treated equally. " Disparity in sentences defeats the object of modern correctional penology. In India, the provisions relating to appeal, revision as well as hearing on the point of sentence tinder Section 235 (2) of the Code of Criminal Procedure, 1973 are meant to mitigate the disparity in sentences as far as possible.
             
              In the ultimate analysis it may be stated that whatever be the mode or pattern of sentencing, its object should be protection of society and stamping out the criminal proclivity. In choosing the mode of sentence, the sentencing authorities should adopt corrective machinery or the deterrence, based on factual matrix and its import on social order. Any undue leniency in choosing any particular form of sentencing will be result wise counter- productive in the long run and against societal interest.
Crime Essay 
Tip: Use our Essay Rewriter to rewrite this essay and remove plagiarism.

Add Notes

Have suggestions, comments or ideas? Please share below. Don't forget to tag a friend or classmate.
clear
Formatting Help
Submit
SitemapBlade.Runner.2049(2017).1080p.6CH.WEB-DL.x265-HETeam.torrent | Guys with Kids (3) | Boku no Hero Academia 212