For years of unsuccessful efforts to change some branches of the United States Criminal Justice System the situation is ripe for a fundamental reform. The United States Senate organized and held a hearing that gave a great impact on the reform agenda. The President Barack Obama delivered a speech that enhanced the need for more programs that would facilitate the re-entry of those who have already consummated their punishments. Meanwhile the Brennan Center organized a meeting of famous law enforcement officials, comprising those who run the biggest jails in America, and raised their voices in the name of less incarceration. That the moment for promoting the reform was the most auspicious shows the fact that the House of Representatives of the United States passed the Sentencing Reform Act of 2015 and the more wide-ranging SAFE Justice Act. As Van Jones, in his CNN interview, says “Moments of opportunity like this come along once in a generation” and “we must work hard to implement the smartest solutions with the greatest impact possible.” (Jones, 2015, n. p.)
It is a pity that the bill still leaves in action long statutory prison sentences for too many people, comprising large numbers of offender that belong to a lower level. The new Act does not remove any of the mandatory minimum sentences nevertheless it is proven that they cost a lot of money. While the length of some mandatories is reduced another has been added and the acceptability for others is expanded. There are too many inmates in the prisons who do not need to be there. They usually are mentally ill, drug addicted and an intensive mental care, job training and rehabilitation programs are more justified alternatives.
A great number of states have established special courts for mentally ill, drug addicted and veterans. These courts have proved that the particular approach is correct and their work had resulted in money saving and lower incarceration. These courts are more effective not only for the above mentioned reasons but because they easily identify people who need help and really know how to help.
Bo Lozoff who had corresponded with prisoners for more than twenty years, while organizing and conducting workshops in the incarceration facilities had classified seven items of the current criminal Justice System. His suggestion seems quite reasonable and acceptable. The usual answer to the question how the gruesome levels of crime should be reduced is that tougher measures have to be taken on crime. But this answer is “preventing us from solving the crime problem.” (Lozoff, 2016, n. p.)
His seven items include:
- The influence of a hatred (the need to object other groups of individuals in order to feel superior) that has a social sanction and never forget that the people who violate the law are not all one and the same but they are a greatly diverse group of individuals; - Drugs have to be transformed into a public health problem instead of being a problem of the criminal justice. The statistics say that recently sixty one percent of federal incarcerated are inside the facilities for drug offences against eighteen percent in 1980. (Qtd. Lozoff, 2016) After ample deliberation it has to be admitted that the real high-level rich drug dealers are not in the prisons. Also it has to be assumed that not the dealers create the problems and that they are a problem of isolation, loss of hope, alienation, etc. among the poor classes. This is a problem of the families and the whole society. It does not mean that the drugs have to be legalized but their use has to be decriminalized. - The violent offenders have to be separated from the non-violent offenders just from the beginning when entering the prisons. Being together most offenders who were not violent learned the lesson how to be violent that cost of $ 20000 average per inmate. Logically thinking this is the price, even less, of a college study for non-violent offenders. - Help the offenders to regain their respect and compassion. This does not mean that the doors of the prisons should be wide opened and most of the inmates released, but this means that a hard work has to be completed to show them that they have value, that the other believe them and that the society needs them. - A transformation, not rehabilitation. The ideas of rehabilitation usually circle around education, job skills, etc. A lot of ex-cons admit that they left prisons “better-educated and –skilled criminals.” (Lozoff, 2016, n. p.) - Support for the restorative justice system. For many years, merely from its origin, the justice system was run according to the principles of “retributive” justice that is based on hatred and exile that makes the individual feel alienated from the society. The “restorative” justice approach sounds much more optimistic and promising to the offenders that the society needs them.
- Personal approach to the issue of crime and punishment. It is necessary that everyone realizes that we all are part of the problem. If we pay taxes, if we vote, if you are afraid to walk alone in the dark, we have already participated. Therefore it is time for real changes not only for political once.
As a conclusion it has to be admitted that the restorative approach seems more sentimental and not so serious as the retributive one but the fact that the United State Criminal Justice System needs a deep and radical reform shows that it is not only a question of finances but it relates to a system error that has to be fixed.
References
Jones, V., Pass a justice bill as big as this moment, CNN, 2015, Web Retrieved on March 8, 2016 from http://edition.cnn.com/2015/11/03/opinions/jones-four-fixes-criminal-justice
Lozoff, B., Seven Ways to Fix the Criminal Justice System, New Renaissance, 2016, Vol.5 No. 3,
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