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Criminal Law 101: Rehabilitation and Restoration

Posted on by Townsend Myers

Rehabilitation and restoration are two sides of the same legal coin. These paired concepts form one of the five principle reasons that societies establish criminal justice systems.

Rehabilitation Versus Restoration

Hands breaking out of cuffs

Rehabilitation refers to the processes of retraining behavior patterns of people convicted of criminal offenses to prevent them from committing the same crime or other crimes in the future. Restoration is the result of that process, the return of an ex-convict to society with confidence that they can safely reintegrate into the general population and positively contribute to their betterment and the public’s. The first half is the journey, and the second is the destination. Together, they map out the ideal itinerary for felons to successfully leave the corrections system.

Rehab can take place within a prison, retreat, halfway-house, a meeting that’s open to the general public, or other venues. In many states, mandatory rehab can be conditionally paired with probation instead of incarceration for non-violent offenses, such as DUIs or drug charges.

Aside from reducing the strain on severely over-populated prisons, this path reflects a core social and legal belief that lengthy jail sentences do not encourage rehabilitation in non-violent offenders. Theoretically, the mere threat of incarceration is deemed sufficient to thwart recidivism in these cases. In practice, this path successfully accelerates restoration and record expungement for many low-level criminals.

Restoration and Criminal Justice Reform

Society’s attitude toward violent offenders is less forgiving. The primary concern of criminal law in these cases is the protection of society from dangerous offenders through institutionalization, incarceration, or, in some states, execution.

In a few states, ex-felons who have successfully rejoined the general population still face issues regaining their right to vote. Fortunately, a new law in Louisiana that will take effect in March 2019 will grant suffrage restoration to thousands of felons who have been out of prison for at least five years. Rehabilitation and restoration represent society’s desire to allow all of its members to live and interact freely as long as they follow the law. Reforms in this area of Louisiana’s criminal code is good news for New Orleans residents.

Attorney Townsend Myers established NOLA Criminal Law in 1998. Since then, he has served as an effective communicator who understands his clients’ problems and how to solve them. If you’re a resident or a tourist needing a criminal lawyer in New Orleans, contact NOLA Criminal Law today for a free consultation by calling (504) 571-9529.

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