Preview

The Effectiveness of Guantanamo Bay Detention Center in Reducing Recidivism

Best Essays
Open Document
Open Document
3457 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
The Effectiveness of Guantanamo Bay Detention Center in Reducing Recidivism
The Effectiveness of Guantanamo Bay Detention Center in Reducing Recidivism

Jason Everson

Criminal Justice Department
University of Cincinnati

INTRODUCTION
Guantanamo Bay is the oldest and most infamous American overseas detention facility. In 2002, the facility started housing enemy combatants and terrorist, even after being declared unconstitutional in 1993. The detention center underwent many Supreme Court decisions and created many case laws. Eventually, in January, 2009 President Obama issued an executive order declaring the closure of the Guantanamo Bay detention center within one year. Many conservatives feel that Guantanamo Bay should remain open, and closing the facility will have a negative impact on national security.
However, an analysis of the Combatant Status Review Tribunal’s report on Guantanamo Bay Prison shown that treatment programs and conditions have no impact on reducing recidivism for enemy combatants. However, an implementation of effective rehabilitation programs would reduce recidivism.
THE HISTORY OF GUANTANAMO BAY Guantanamo Bay is the oldest American overseas base and is located on the southeast corner of communist Cuba. Guantanamo Bay was created in 1903, when the United States leased 45 square miles of land and water from Cuba. This arrangement was renewed in 1934, when Cuba and the United States agreed to a payment of $2,000 per year for the lease of the land. This lease requires that both countries agree to terminate the lease in order for the contract to become void. The base continued to exist exclusively as a naval base until the late 20th century, when a detention center was established for Haitian and Cuban refugees. The detention center was declared unconstitutional by a United States District Court judge in 1993 (Steyn, 2004).
THE SOCIAL AND LEGAL SHAPING OF GUANTANAMO BAY
The Guantanamo Bay detention center remained closed until January 2002, when 20 detainees from Afghanistan were placed in



References: Braithwaite, J.(2002). “Does Restorative Justice Work?” Pp. 45-71 in Restorative Justice and Responsive Regulation. New York: Oxford University Press. Cline, L. (2009). “Changing Jihadist Behavior: The Saudi Model.” Small Wars Journal. Gendreau, P. (1996). “Offender Rehabilitation: What We Know and What Needs to be Done.” Criminal Justince and Behavior, 144-161. Van Voorhis, P., Braswell, M., and Lester D. (2009). “Correctional Counseling and Rehabilitation.” (7th edition). LexisNexis Publishing. Visher, C. A. (1987). "Incapacitation and Crime Control: Does a 'Lock 'Em Up ' Strategy Reduce Crime?" Justice Quarterly 4:413-543. Stracke, N. (2010). Arab prisons: a place for dialogue and reform. Terrorism Research Initiative, 1(4). Taarnby, M. (2005). Yemen’s committee for dialogue: can jihadists return to society?. The Jamestown Foundation, 3(14),. Andrews, D. (1995). “The Psychology of Criminal Conduct and Effective Treatment.” Pp. 35-62 in J. McGuire (ed.), What Works: Reducing Reoffending--Guidelines from Research and Practice. New York: John Wiley Jamison, M Steyn, J. (2004). Guantanamo bay: the legal black hole. International and Comparative Law Quarterly, 1(1). Bloche, G, & Marks, J. (2005). Doctors and interrogators at guantanamo bay. New England Journal of Medicine, 6(8). Dahlstrom, E. (2003). The Executive Policy Towards Detention and Trial of Foreign Citizens at Guantanamo Bay. Berkely Journal of International Law. Welsh, S Rubenstein, L, & Annas, G. (2009). Medical ethics at guantanamo bay detention centre and inthe us military: a time for reform. Physicians for Human Rights, 374.

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Habeas Corpus and the War on Terror. Soon after the U.S. invasion of Afghanistan in 2001, the Bush administration developed a plan for holding and interrogating prisoners captured during the conflict. They were sent to a prison inside a U.S. naval base at Guantanamo Bay on land leased from the government of Cuba. Since 2002, over 700 men have been detained at “GITMO.” Most have been released without charges or turned over to other governments. In 2011, Congress specifically prohibited the expenditure of funds to transfer GITMO prisoners to detention facilities in the continental United States, making it virtually impossible to try them in civilian courts. As of April 2012, 169 remained in detention at GITMO (Sutton, 2012).…

    • 6132 Words
    • 16 Pages
    Satisfactory Essays
  • Good Essays

    Denied, Deported Summary

    • 463 Words
    • 2 Pages

    A well known similarity is that people held in both the Japanese internment camps and Guantanamo Bay we're both held against their will. The internment of Japanese-Americans in the United States was that Japanese-Americans were forced to relocate to camps made by the United States. "Sixty-two percent of the internees were loyal United States citizens." (Denied, Detained, Deported, chapter four.) In Q&A: Obama again looks at pledge to close Guantanamo prison it states that, "When the first detainees arrived, they were housed in wire enclosures that looked like the backyard dog kennel." That just shows that in both situations, those involved were held against their will and could not do anything about it. Another similarity is that,in both situations, the plan was never to intentionally or purposefully kill. "Internment camps were supposed to portray japanese everyday lifestyle." (DDD, chapter four.) The government gave families one room living…

    • 463 Words
    • 2 Pages
    Good Essays
  • Powerful Essays

    An assumption made by the Bush administration in selecting this location was that it was beyond the jurisdiction of U.S. courts. The administration wanted to avoid any judicial oversight of how it handled detainees, characterized as “enemy combatants.” A possible legal challenge to indefinite detention with no formal charges or judicial proceedings might arise from the habeas corpus provision of the Constitution.…

    • 36699 Words
    • 107 Pages
    Powerful Essays
  • Good Essays

    soil since the terrorist attack of September 11, 2001. Unlike the proceeding at Guantanamo Bay,…

    • 657 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    An assumption made by the Bush administration in selecting this location was that it was beyond the jurisdiction of U.S. courts. The administration wanted to avoid any judicial oversight of how it handled detainees, characterized as “enemy combatants.” A possible legal challenge to indefinite detention with no formal charges or judicial proceedings might arise from the habeas corpus provision of the…

    • 8316 Words
    • 26 Pages
    Satisfactory Essays
  • Good Essays

    “Guantanamo bay is one of those places that, outside of a select few, people don’t get to go to,” said Poppink. “The historical significance of the base is in and of itself unique especially with its history and the North East Gate.”…

    • 641 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Guantanamo bay detention camp is located in Cuba. It was opened in 2002 and is used to hold terrorist and Muslim militants. At Guantanamo bay detention center prisoners may be tortured during interrogation. This is one of the May reasons activist groups have petitioned for the closing of Guantanamo bay. On January 22, 2009 Obama started the closing of Guantanamo bay detention camp (Nolen). There have been 780 inmates that have be held at the detention camp. As of 2016 only 81 inmates remain. Those who have left have either been transferred to other prisons across the world or released in order to swap for captives (Nolen). I agree with Evan McMullin that Guantanamo bay detention camp should not be…

    • 1463 Words
    • 6 Pages
    Good Essays
  • Better Essays

    Guantanamo Bay, from the rumors, is as Ashmawy describes it, full of prisoners who we are trying to bring to a justice they do not deserve. It veers very dangerously off topic however, in its attempt to show that the only effects of 9/11 are prolonged ignorance in other cultures. By the time the article is finished, the idea of the war on terror is gone, replaced by indignation that the fear generated only sparked more fear and misunderstanding. I agree that an effect of 9/11 was mass paranoia and confusion, but that was not the only effect the event had on the…

    • 1145 Words
    • 5 Pages
    Better Essays
  • Good Essays

    Instead of paying a lot of taxes for this prison they should use this money for other needs like feeding people, house they provide them with clothing the ones that actually need it or maybe conduct research on things or pay off debt. Its costs an approximately 445 million dollars just to be able to operate every year. (Guantanamo bay undermines security must be closed) but if they are moved into a federal prison in the U.S it would only cost somewhere between 265-305 million. It’s a huge difference it’s way better to move the inmates.It also cost about 3 million doller per detainee and they don’t even get treated like they should be? If you ask me it’s unfair to taxpayers. At first they couldn’t even build enough room for every prisoner fast enough. The camp had no electricity and only a little amount of water. They were forced to sleep on the floor and also clothing and food were scarce. (Gay ) That was also a huge waste of money, why couldn’t they first provide the things required then move them in one by one. If they are transferred to the a U.S prison it would only cost 78,000 per…

    • 1386 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Guantanamo Bay Vs 9/11

    • 1651 Words
    • 7 Pages

    After the 2001 September 11th attacks, the Bush administration needed a secure place to keep its enemies captured in the “war on terror”. The Central Intelligence Agency (CIA) had already established “black sites”, or secret detention centres, all over the world. However, the Bush administration needed a location outside of international law so they could keep detainees indefinitely while interrogating them without legal intervention. They also needed a location that would not become a target for another terrorist attack. Guantanamo Bay was the ideal location, as it is an American Navy base that is under American control but is not under American sovereignty and is far enough from American territory that a terrorist attack would not be a…

    • 1651 Words
    • 7 Pages
    Good Essays
  • Good Essays

    Guantanamo Bay is a US prison for terrorists and other threatening people, located off of US soil. This means that the processes that go on in the institution, legally, do not need to follow US rules. Many painful and tortuous things are performed on the prisoners, such as force feeding and the topic of this essay, water boarding, where the victim is made to feel as though they are drowning. Although Gitmo is legal/allowed to an extent, it still begs the question how the guards consciously perform such cruel acts and what I would do if I were faced with the decision of torturing a prisoner or not.…

    • 712 Words
    • 3 Pages
    Good Essays
  • Good Essays

    No person in the U.S. would want that. The detention and interrogation center is located in Cuba for reasons like this. It is not safe for the American citizens because this is a high target for groups like ISIS. Any regular prison facility would be too easy to attack compared to this detention facility that is guarded by the military. Guantanamo Bay has been open for decades, but Obama wants to close it. 2001 was when the United States was attacked and this facility was being used to protect the citizens. Ever since then, high valued terrorists are locked up in this detention center. Khalid Sheikh Mohammed was the architect of 9/11 and he planned everything. This guy deserves the punishment for his acts of terrorism in the world. Guantanamo Bay is the right place to hold these people and Obama cannot close this. With the world today, interrogation facilities need to stay open and harsh punishment needs to take place so terrorists give the information needed for the…

    • 897 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Guantanamo Bay Prison Case

    • 1243 Words
    • 5 Pages

    The potential closure of Guantanamo Bay Prison proposes strengths, weaknesses, opportunities and threats for the United States. It will impact the promotion of its foreign policy and national security on a domestic and international level as well.…

    • 1243 Words
    • 5 Pages
    Good Essays
  • Good Essays

    Guantanamo Bay Essay

    • 653 Words
    • 3 Pages

    Especially in recent Years there has been great concern Over the Detention center in Guantanamo Bay. One of the main questions that are being asked is whether or not the detention at Guantanamo bay Is unconstitutional. One other key Point that has been raised in the possible closing of Guantanamo bay is where will the detainees go if it is closed. In order to better understand the reasoning behind this detention we must look at the reason for the detention in the first place. For the detainees that are being kept on Guantanamo bay They are there do to being identified as enemies of the united states who had engaged in some way with terrorist organizations. After their arrival in Guantanamo bay, the detainees would be Interrogated. Some Detainees…

    • 653 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Preservation and Ruin

    • 2101 Words
    • 9 Pages

    US authorities hold 270 prisoners in Guantánamo Bay and Cuba, without charge or trial. They are…

    • 2101 Words
    • 9 Pages
    Better Essays