COMMUNITY CORRECTIONS
- Law Mates
- Oct 30, 2020
- 8 min read
INTRODUCTION:
“Restorative justice is not a replacement of retributive justice, but a compliment. It seeks the rehabilitation of the wrongdoer and the repair of the victim's injury”
Community Corrections are the programs to superintend the convicted adults or adjudicated juveniles that are out of prisons or in the resident population and are directed by agencies or courts. It is also known as Community Supervision.
HISTORY OF COMMUNITY CORRECTIONS IN INDIA:
The concept of community corrections in India arrived with the arrival of Britishers, before that during and before the Mughal period the main focus was on the punishment that includes death sentence, hanging, offender trampled underfoot by an elephant or starving to death rather on to transform that person into a law-abiding citizen of the nation.
It is obvious to say that behavior in prisons was monstrous and hence prisons were nothing more than a place of torture.
After British Raj started in 1858, Britishers took progressive steps for the reformation of Indian prisons and prisoners.
Some of the steps are instituting the jail committees in 1836,1862 and 1894,
Which expressed concerns regarding the conditions and behavior in prisons that resulted in the death of the prisoners.
Due to which recommendations of the jail committee of 1894 some changes were enacted, some of them are:
1. Classification of the prisoners.
2. The sentence of whipping was abolished.
3. The administration system of jails was changed.
4. Safe custody of prisoners was taken into consideration.
5. The health of prisoners was also taken care of.
6. Rehabilitation came into existence for the first time in Indian history.
Even after the British Raj i.e. After Independence a committee was formed to make the recommendations on prison reforms in 1951.
Some of the recommendations were:
1. State jail manuals to be revised periodically.
2. Parole and Probation should be used to reduce the burden of prisons.
3. Correctional measures should serve as an essential part of the home department of each state.
TYPES OF COMMUNITY CORRECTIONS
Parole
Work Release
Open Prisons
Day reporting centers
Probation
PROBATION-It's a sentence imposed on condemned offenders that enables them to live in a community within the resident population however underneath the direction of the supervision officer.
The term probation comes from the Latin term “probate” which suggests “to prove”. The duration of time of probation may also be remarked as a time of testing a person’s character and his or her ability to fulfill certain requirements. This implies the condemned must prove to the court that he's capable of living within the community and living up to its legal and ethical standards.
Judgment relating to Probation by Honourable Supreme Court:
The Supreme Court spelled out the object of the Probation of Offenders Act in the case of Ramji Missar v.State of Bihar[1] in the following words-
“The main aim of the Act is to prevent the alteration of vernal offenders to adamant criminals leading to their association with habituated criminals of mature age in case of vernal offenders are sentenced to undergo imprisonment in jail. modern criminal jurisprudence acknowledges that nobody is a born criminal. Though not abundant are often can be hardened criminals, however, substantial stress has been laid on bringing about reform of young offenders not guilty of serious offenses by preventing their association with hardened criminals.”
PAROLE- It is the temporary release of the wrongdoer on convict in the society or community to help him to regulate to the conventional social life. Its basic construct is to stay the captive in contact with society and his family. The length of parole is something that is to be determined by the parole board furthermore length of parole isn't counted in the length of life imprisonment.
It is not the right of the prisoner it's one thing he has to earn that is again examined by the board by his behavior that whether or not he's so reformed that he isn’t likely to commit another crime.
Judgment concerning Parole by Honourable Supreme Court:
In Hiralal Mallick v.State of Bihar[2]
The Supreme Court observed:
“One way of reducing tension is by providing vital links between the prisoners and his family. A captive insulated from the globe becomes are and, if his family ties area unit snapped for long, becomes de-humanized. Therefore, we tend to regard it as correctionally desirable that this appellant be granted parole and expect the authorities to provide considerations to paroling out sporadically prisoners, notably of the current sort, for reasonable spells, subject to adequate safeguards guaranteeing their proper behavior outside and prompt return inside.
OPEN PRISONS-- It refers to the jails that involve minimum security or superintendence and not barred in prison cells or behind bars.
Open prisons place the govt on the advantageous end as:
It helps in reducing overcrowding. It is less expensive.
It has positive financial returns that once placed into operation, the open jails acquire self-sufficiency.
Not eligible for open prisons
Dacoits
Rapists
Thieves
Judgment relating to open prisons by Honourable Supreme Court:
The Supreme court within the case of Ramamurthy v. State of Karnataka[3] held that- although open-air prisons create their issues that are primarily of management, we are certain that these issues aren't such that can not be sorted out. For the greater good of the society, that consists of seeing that the inmates of a jail come out, not as a hardened criminal however as a reformed person, no managerial problem is insurmountable. Thus let additional and more open-air prisons be opened. to start with, this might be done at all the District Headquarters of the country.
It refers to the prisons that involve minimum security or supervision and not locked in prison cells or behind bars.
WORK RELEASE- A program used as an alternate sentencing choice that helps individuals retain their previous jobs whereas finishing jail sentences or for those nearing the top of their sentence to transition. In work release from jail, you frequently cannot get work release unless your sentence is over thirty days.
DAY REPORTING CENTRES- A “day-reporting center” is an intermediate sanction that needs the wrongdoer to be supervised by an officeholder and assigned to a “facility to that offenders are required...to report on a daily or alternative regular bases at fixed times for a nominal length of time to participate in activities such as direction, treatment, social ability training, or employment coaching.” It provides rehabilitation for offenders through intensive programming, while holding a punishment part by maintaining extremely structured surroundings.
FUNCTIONS OF COMMUNITY CORRECTIONS:
Risk/needs assessment is the most important part of a prospering community corrections program. behavioral information can be collected, maintained, and accustomed assess the long-run risk of reoffending, that successively suggests to supervisors the program which will be of most benefit to every
Rehabilitation is more often than not regarding a wrongdoer reckoning with the problems and behaviors that result in criminalization.
They respond otherwise to authority, motivation, and goals. For this reason, community corrections must be targeted and specific
Behavioral medical aid is usually effective. This involves not solely discussing methods to deal with reintegration to society however additionally practicing and role-playing those methods. Pro-social attitudes and behaviors can also be strengthened by superintendence.
NEED OF COMMUNITY CORRECTIONS:
· No person is born a criminal. The person is molded according to the circumstances, company, behavior, and responsibilities. A change can only be seen in a person when he sees his release in society as a reward for it otherwise he will not even try to reform himself and will remain confined in prisons.
· If no such corrective measures exist that could lead to overcrowding of prisons resulting in health problems for prisoners
· It offers the convict to reformed and released and in the end, society receives a law-abiding citizen which proves that reformation and rehabilitation are no doubt better than punishing the person who is already repenting his wrongdoing.
Deep down our fight is against crime and not criminal
POSITIVE ASPECTS OF COMMUNITY CORRECTIONS:
Cost-efficient
the convicted can access a wider range of programs to help rehabilitate
helps alleviate overcrowding in prisons
allows convicts a greater opportunity to reintegrate into society
convicts can maintain employment
convicts can get the help they need for drug addictions, etc. that they otherwise could not get in jail
opportunity to support the family
NEGATIVE ASPECTS OF COMMUNITY CORRECTIONS
prison overcrowding
funding gaps
staff safety
advancements in technology
staff retention
GOALS OF COMMUNITY CORRECTIONS:
MAIN GOALS
Retribution Deterrence Incapacitation Rehabilitation Restoration
RETRIBUTION- In the goal of retribution the punishment is imposed on criminals by sentencing a judge. It is given intentionally as a way to get back at the criminal and offer some closure to the victim.
DETERRENCE- Deterrence is a tool from which others can be prevented to commit similar crimes. If the judge has overemphasized the protection of public, criticism, and anticipation then he should make it clear in public and should impose this sentence. This will make others know that if they committed a similar crime they would be sentenced to the same punishment
INCAPACITATION- The goal of incapacitation is used to prevent criminals from committing future crimes. By imprisoning the wrongdoer the probability of a revenant offense is reduced.
REHABILITATION- The goal of rehabilitation is to reform the offender. The judge who believes an offender can be rehabilitated. The idea behind rehabilitation is to impact the life of criminals in a positive way. Residential programs are there that are accustomed to shelter runaways and spend time to show their lives in a very fruitful means.
RESTORATION- The goal of restoration is to make the criminal and victim combine again. The sentencing judge imposes the punishment. In most cases, punishment consists of a fine, refund, or community service. Punishment is obligatory by seeing the offense committed.
Community corrections programs attempt to accomplish many goals. These goals include easing institutional crowding and cost; preventing future criminal behavior through surveillance, rehabilitation, and community reintegration; and addressing victims' needs through restorative justice.
DO COMMUNITY CORRECTIONS PROGRAM WORK?
In the late ’90s, the community corrections environment was altered significantly. The emergence of Restorative Justice Organizations and the replacement of the “lock ‘em up” approach to incarceration prompted the vast and broad change.
Today, with more sophisticated computer technology and statistical tests available, there are more rigorous tests to determine what does and does not work in terms of both treatment and supervision strategies. The most common way of measuring program effectiveness is to determine whether or not offenders return to criminal behavior.
CONCLUSION:
The Supreme Court of India in the case of Re-Inhuman Conditions in 1382 Prisons said-Prison reforms have been the topic matter of debate and choices rendered by this Court from time to time over the last thirty-five years. Sadly, even though Article 21 of the Constitution needs a life of dignity for all persons, very little seems to possess modified on the ground as far as prisoners are concerned and that we are all over again needed to cope with problems concerning prisons within the country and their reform said the Bench comprising.
Crimes will be committed regardless of how tight the law will get. Reformatory or corrective measures are thus required to reform a criminal into a social being once when his release he will contribute to society in any manner he can. Numerous governments are focusing on turning the workforce trapped in jails to their benefit in any means they can. Innovative and helpful strategies are rising because of the participation of assorted NGOs, spirited citizens in this area of reformation of criminals. .we should always pursue this effort even though there are some drawbacks to implementing them. A part of the government doesn't end by simply by making law but by seeing it enforced it in full spirit
Author - MRIDULA VATS
BA LLB 1st SEMESTER
AMITY UNIVERSITY GURUGRAM
REFERENCES:
v [1] 1962 INSC 0387
v [2] 1977 AIR 2236
v [3]ILR 1986 KAR 3037
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