Punishment of Wrongdoing in Canada Law Essay Paper

Punishment of Wrongdoing in Canada
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Introduction
Punishment of wrongdoers is categorically the most problematic and challenging form of exercise of state power because it demands exclusive jurisdiction. The discussion of a sentence without paying attention to what distinguishes it from the other aspects of coercion is risky not only to the critique but also to the state of a country's jurisdiction. As time goes by, and as nations advance, there is a creation of new forms of punishment that either support of evading the standard protection of criminal processes, hence undermining the sense that not all wrongdoings should be treated and punished the same. Nonetheless, the government of Canada has created its particular definition of punishment, stating that if a coercive measure aims at prevention, regulation or administrative convenience, then it is, arguably, not punishment. This paper examines the state of punishment of wrongdoing in Canada while calling for rehabilitation as a mode of punishment for interpersonal conflicts and other non-criminalized acts.
Rehabilitation as Punishment
The annotation of this section of the paper is odd. This is amid its meaning and explanations of Fergus McNeill, a Professor of Criminology and Social Work at the University of Glasgow. In his journal, with a similar title, many people term punishment and rehabilitation as alternatives among which wrongdoers must choose between (McNeill, 2014). It should have and mean the same process. However, rehabilitation can be a punishment. This is because, according to its activists, making a mistake, regardless of how grave and intense it is, is based and rooted in the experience of people in social exclusion and poor treatment, leading to a criminal offence. This essay supports rehabilitation, not because of its lenient nature, but as a form of restorative justice and the belief and capacity that people can change their ways, themselves and their distinct situations for the better. However, the argument holds the stand only to non-criminalized acts due to their ability to make different choices and to overcome certain circumstances with the view of building a better future for themselves, their families and those around them.
A Brief History of the use of Rehabilitation in Canada.
There are four fundamental eras of the practices of punishment in North America. These are the rehabilitation era, the retribution era, incapacitation and deterrence. The context of the different forms of punishment is often discussed on the waxing and waning of the four ages. However, in the pedagogical and theoretical talks on the history of punishment in Canada, the general name for the period is welfarism. Also, the practices faced a rise then a fall, and then a significant increase again in the 20th century. However, in modern times, Garland states that the use of the four forms of punishments induces a hybrid definition that "...The Liberal legalism of due process and proportionate punishments with a correctionalist commitment to rehabilitation, welfare and criminological expertise" (Moore & Hannah-Moffat, 2005). What the author attempts to say is that the rehabilitative era contains certain b...