Theraputic

Modalities

CRI 416

Prof. M
 CRI 416

ULOb

PART 6
 PUNISHMENT
is the infliction of some kind of pain or loss upon
a person for a misdeed (i.e., the transgression of a
law or command). Punishment may take forms
ranging from a capital punishment, flogging, force
labor, and mutilation of the body to the
imprisonment and fines. Deferred punishments
consists of penalties that are imposed only if an
offense is repeated within a specified time. The
purposes of punishment are (1) deterrence, (2)
incapacitation, (3) rehabilitation, (4) retribution
and (5) restitution.
 DETERRENCE
prevents future crime by frightening the
defendant of the public. The two types of
deterrence are specific and general
deterrence.

Specific Deterrence
General Deterrence
 INCAPACITATION
prevents future crime by removing the defendant
from society. Examples of incapacitation are
incarceration, house arrest, or execution pursuant
to the death penalty.
 REHABILITATION

prevents future crime by altering a defendant’s

behavior. Examples of rehabilitation include
educational and vocational programs, treatment
center placement and counseling. The court can
combine rehabilitation with incarceration or with
probation or parole. In some states, for example,
nonviolent drug offenders must participate in
rehabilitation in combination with probation, rather
than submitting to incarceration. This lightens the
load of jails and prisons while lowering recidivism,
which means reoffending.
 RETRIBUTION

prevents future crimes by removing the desire for

personal avengement (in the form of assault,
battery, and criminal homicide, for example) against
the defendant. When victims or society discover that
the defendant has been adequately punished for a
crime, they achieve a certain satisfaction that our
criminal procedure is working effectively, which
enhances faith in law enforcement and our
government.
 RESTITUTION

prevents future crime by punishing the defendant

financially. Restitution is when the court orders the
criminal defendant to pay victim for any harm and
resembles a civil litigation damages award.
Restitution can be physical injuries, loss of property
or money, and rarely emotional distress. It can also
be a fine that covers some of the costs of the
criminal prosecution and punishment.
Definition and Types of Human Rights
Violations
A state commits human rights violations either directly
or indirectly

Violations can either be intentionally performed by the

state and or come as a result of the state failing to
prevent the violation. When a state engages in human
rights violations, various actors can be involved such as
police, judges, prosecutors, government officials and
more. The violation can be physically violent in nature,
such as police brutality, while rights such as the right
to a fair trial can also be violated, where no physical
violence is involved.
Definition and Types of Human Rights
Violations

The second type of violation- failure by the state to

protect- occurs when there’s conflict between individuals
or groups within a society. If the state does nothing to
intervene and protect vulnerable people and groups, it’s
participating in violation. In the United States, the state
failed to protect black Americans when lynchings
frequently occurred around the country. Since many of
those responsible for the lynchings were also state actors
(like the police), this is an example of both types of
violations occurring at the same time.
ECONOMIC, SOCIAL, AND CULTURAL
RIGHTS

Contaminating water, for example, with waste from

State-owned facilities (the right to health)

Evicting people by force from their homes (the

right to health)

Denying services and information about health

(the right to health)
ECONOMIC, SOCIAL, AND CULTURAL
RIGHTS
Discriminating at work based on traits like race,
gender and sexual orientation (The right to work)

Failing to provide maternity leave (protection

of and assistance to the family)

Not paying a sufficient minimum wage (rights

at work)
ECONOMIC, SOCIAL, AND CULTURAL
RIGHTS
Segregating students based on disabilities (the right
to education)

Forbidding the use of minority/indigenous

languages (the right to participate in cultural life)
 Who is ultimately responsible for
ensuring human rights violations don’t
happen?
In human rights treaties, states bear
the primary burden of responsibility
for protecting and encouraging human
rights.
 Basic Principles for the Treatment of Prisoners
1. All prisoners shall be treated with the respect due to
their inherent dignity and 1.value as human beings.
2.There shall be no discrimination on the grounds of race,
color, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status.
3.It is, however, desirable to respect the religious beliefs
and cultural precepts of the group to which prisoners
belong whenever local conditions so require.
4.The responsibility of prisons for the custody of prisoners
and for the protection of society against crime shall be
discharged in keeping with a State’s other social objectives
and its fundamental responsibilities for promoting the
well-being and development of all members of society.
 Basic Principles for the Treatment of Prisoners
5.Except for those limitations that are demonstrably
necessitated by the fact of incarceration, all prisoners
shall retain the human rights and fundamental freedoms
set out in the Universal Declaration of Human Rights, and,
where the State concerned is a party, the International
Covenant on Economic, Social and Cultural Rights, and the
International Covenant on Civil and Political Rights and the
Optional Protocol thereto, as well as such other rights as
are set out in other United Nations covenants.
 Basic Principles for the Treatment of Prisoners
6.All prisoners shall have the right to take part in cultural
activities and education aimed at the full development of
the human personality.

7.Efforts addresses to the abolition of solitary confinement

ass a punishment, or to the restriction of its use, should
be undertaken and encouraged.

8.Conditions shall be created enabling prisoners to

undertake meaningful remunerated employment which will
facilitate their reintegration into the country’s labor
market and permit them to contribute to their own
financial support and to that of their families.
Basic Principles for the Treatment of Prisoners
9.Prisoners shall have access to the health services
available in the country without discrimination on the
grounds of the legal situation.

10.With the participation and help of the community and

social institutions, and with due regard to the interests of
victims favorable conditions shall be created for the
reintegration of ex-prisoner into society under the nest
possible conditions.

11.The above principles shall be applied impartially.

 CRI 416

END OF
ULOb

PART 6
Prof. M