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The disparity in the old and new penal system

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The disparity in the old and new penal system

The old penology was mostly focused on the establishment of guilt and evaluating the appropriate treatment of the accused, which is not the case with the modern penal system. The current penal system accepts that crime is widespread, and thus it takes it for granted. The system is bothered by identification, classification, and management of groups separated on the level of dangerousness rather than traditional philosophies of reforming, transformation and reintegration. The article shows that the penal system has shifted from concentration on the moral character to management of mean crime rates using risk assessment technology. The new penal system focusses on managing vulnerable populations (Feeley & Simon, 1992).

Criminal justice system and risk assessment programs

The courts and review boards are seeking the answer to the possibility of re-incarceration of discharged criminals. Clinicians’ report on prediction of risk of future behavior of mentally ill prisoners released from prison being violent is right in a third of the cases as unstructured risk judgment by professionals are wrong. Efforts have been put the focus on the improvement of tools of structured risk to predict risks more accurately. Therefore, risk assessment fits quite well in criminal justice.

Regulation in the criminal justice system

The criminal justice system is responsible for the management of conduct of individuals in society; thus, it provides sanctions against offenders. The criminal justice system regulates crimes such as sexual assault by the use of laws that clarify and modernize crimes such as incest, child pornography, and sexual servitude.  Risk assessment arouses legal and policy questions as a result of equity in protection clauses in the fourteenth amendment. Concerns outline a couple of best practices in the U.S, which ensure that the criminal justice system is deployed while promoting fairness.

Problems resulting from risk assessment algorithms

Risk assessment systems raise two legal concerns: the potential that the presence of variables could constitute fair protection of violation and effect on a person’s right to due process. In the anticipated process, the challenge is the right to review and verify the sentence information (Kehl & Kessler, 2017). Traditionally judges consider several factors about a suspect indiscretion. Sometimes socioeconomic status occurs due to risk assessment algorithms. Therefore, the problems are quite practical.

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