Discuss the three justifications for having community alternatives to standard prosecution.

Question

What will be an ideal response?

Answer 1

Answers may vary.Three major justifications have been offered for the development and expansion of such community alternatives. The first is humanitarian. In the words of the U.S. Supreme Court, the Eighth Amendment (which states that "cruel and unusual punishments" may not be inflicted) must draw its meaning from the "evolving standards of decency" that characterize a "maturing society" (Trop v. Dulles, 1958). But Trop v. Dulles was a death penalty case. When behavioral health disorders are associated with minor offending, this could be handled through standard criminal justice processing-but might also be addressed in a more humane and rehabilitative fashion through alternative approaches. Some offenders with severe mental illness are similar to general offenders in most of their rehabilitation needs. But those whose crimes involve influences that are specific to their disorders may be very good candidates for lower-intensity, briefer, community-based interventions-particularly when they present a low risk for criminal offending, and this risk is reduced even further by treating the disorder.The second justification for community-based alternatives to standard prosecution is cost. Put simply, it is much less expensive to monitor and treat an offender in the community than it is to incarcerate that individual. California, for example, currently spends about $2 billion annually on health care for offenders who are incarcerated in prison. This is more than $11,000 for each inmate, and does not include the non-health care costs of operating prisons. Individuals who are provided with treatment and monitoring services in the community but do not need housing or board and may be able to continue working-cost much less to rehabilitate.The third justification involves the kind of specialized treatment services that can be provided in the community, as contrasted with services that can be delivered in a prison or jail. Correctional facilities house inmates who, as a group, have wide-ranging rehabilitation needs. More inmates need job training, housing assistance, or substance abuse rehabilitation, for example, than require the combination of medication, psychosocial skills intervention, co-occurring disorder treatment, and recovery focus that is optimal in working with inmates with severe mental illness. In addition, correctional facilities must prioritize security and rule compliance highly, which reduces the resources available for treatment and rehabilitation. When populations are more homogeneous (e.g., as in mental health or drug treatment settings), and security concerns are fewer, then specialized and intensive treatment is more feasible.