One of the major issues with figuring out alternatives to prison for such
things as minor drug offenses is that something that may work to punish
one offender may be completely ineffective for many others. The
American prison system is overloaded with people who are guilty of minor
drug charges and other non-violent crimes. A recent study completed by
Prison Policy Initiative spells out some mind blowing statistics that show
how America’s current system is being utilized. This study breaks down
the statistics on incarceration at every level, including youth and
immigrant holding facilities. The study, published in March of 2020, shows
that there are approximately 2.3 million people incarcerated in the United
States. Adding up all of the numbers from the various pie charts shows
that there are approximately 450,000 of those prisoners being held for
drug related offenses.[1]This includes Federal and State prisons, local
jails, as well as youth detention facilities. In this report, Sawyer and
Wagner contend, “This report provides a detailed look at where and why
people are locked up in the U.S., and dispels some modern myths to focus
attention on the real drivers of mass incarceration, including exceedingly
punitive responses to even the most minor offenses.”[2]
One current major issue with the prison system is the fact that so
many people are being held who have not yet been convicted of a crime.
For example, of the 746,000 people being held in local jails, around
470,000 of them are not convicted criminals. This is due to a bail system
that commonly sets bail outside the reach of potential offenders requiring
them to remain in jail until trial.[3]There are several alternatives that
could be utilized. However, any alternative solutions are difficult to put
into place due to the complex nature of the American system. There are
numerous variables that make reforms to the criminal justice system
difficult to establish, such as differences between each State. Additionally,
there are several factors that make alternatives less appealing. Many
times, judges will set bail high to keep known offenders off the street
because of the high probability that pretrial offenders who are released
will commit another crime.[4]
While this discussion could be lengthy, looking at the alternatives
presented by McQuilkin and Copan gives several options. Rehabilitation is
definitely an important option that should be utilized whenever possible,
especially for non-violent and first-time minor offenses. This is an option
that should be used outside of a prison sentence. Many people argue that
rehabilitation is a major purpose of the prison system. However, McQuilkin
and Copan attest that most people feel the current system does not
accomplish this purpose.[5]I used to serve in the Kairos prison ministry
when I lived in Georgia and have personally seen the best way to help
prisoners become rehabilitated. I believe that it cannot be accomplished
apart from the gospel. Gospel focused prison ministries have resulted in a
much higher rehabilitation success rate than any secular methods. One of
the big problems in the current penal system is the lack of access to such
programs by many prisoners. Likewise, there are few options for utilized
to allow those with minor offenses to pursue rehabilitation without first
going to prison.
Many judges seem to sentence minor drug offenses harshly,
resulting in prison sentences for first-time and minor possession offenses.
This is due to an emphasis placed on getting drugs off the streets.
However, the Prison Policy Initiative study shows that these efforts are
sorely lacking which has resulted in a gross failure in the war on drugs
from an incarceration standpoint.[6]An alternative to this would be to
assign rehabilitation under direct supervision. Opportunities similar to a
halfway house that have required reporting times and curfews allows
offenders to continue learning to live as productive citizens while not
being incarcerated. This is a viable option that allows people to continue
to earn a living, have contact with family members, and contribute to
society while being held accountable to a system. There are potential
downfalls to such a system that must be addressed for it to be successful.
Sawyer and Wagner warn that such programs must be set up to reward
success and not focus on detecting and punishing failures.[7]Too many of
these type of programs are set up to send someone straight to jail the first
time they make a mistake. Such a focus undermines the entire purpose of
the program.
Christians do have a definite part to play in affecting the reform
and success of the criminal justice system. When necessary, Christians
must participate as witnesses in ensuring that truly violent criminals are
punished. However, they must do this with a compassionate heart that
wishes for those convicted to be introduced to Christ. I believe McLaughlin
expresses this well. She affirms, “Christianity also demands that we
identify with the worst criminals, but on different grounds: not because
they (like us) are innocent but because we (like them) are guilty.”[8]
Programs set up to assist with those awaiting trial and supervising
those in rehabilitation for minor drug offenses and other non-violent
crimes would have the potential for greatly reducing the vast numbers of
people who are incarcerated in situations that do not contribute to the
rehabilitation of offenders or the health and welfare of their families.
[1]Wendy Sawyer, and Peter Wagner, “Mass Incarceration: The
Whole Pie 2020” Prison Policy Initiative, March 24, 2020, Accessed April
29, 2021, https://www.prisonpolicy.org/reports/pie2020.html.
[2]Ibid..
[3]Ibid..
[4]Ibid..
[5]Robertson McQuilkin, and Paul Copan,An Introduction to
Biblical Ethics: Walking in the Way of Wisdom,3rd ed. (Downers Grove:
IVP Academic, 2014), 441.
[6]Sawyer and Wagner, “Mass Incarceration: The Whole Pie
2020,” Prison Policy Initiative.
[7]Ibid..
[8]Rebecca McLaughlin,Confronting Christianity: 12 Hard
Questions for the World’s Largest Religion(Wheaton: Crossway, 2019),
220.
