Crime and Punishment
The War on Drugs in the United States, between the eras of President
Richard Nixon and President Ronald Reagan, highlight the anti-Black
intent behind drug policies that were passed during this time. During his
presidential campaign in 1977, Jimmy Carter expressed the need to
decriminalize low level marijuana offenses, stating, “Penalties against
possession of a drug should not be more damaging to an individual than
the use of the drug itself.”[1]However, President Reagan’s administration
(1981-1989) enforced several policies (e.g., The AntiDrug Abuse Act of
1986) that aimed to deter drug-related violence by enforcing fixed and
extended prison sentencing. Counts of people incarcerated for nonviolent
drug offenses spiked from 50,000 in 1980 to over 400,000 by 1997.
[2]Specifically, there was a minimum sentence of five years for
possessing five grams of crack, which contributed to high rates of
incarceration of Black people for nonviolent drug offenses. At the time,
approximately 80 percent of crack users were Black, and most cocaine
users were White. This difference in sentencing was arguably enacted to
punish Black drug users more harshly through targeting a drug
predominately used by Black people.[3]As of 2019, Black people made up
13 percent of the US population, but 40 percent of people incarcerated in
jails and prisons.[4]
The New Jim Crow: Mass Incarceration in the Age of
Colorblindness,named after the laws that enforced racial segregation in
the southern United States until the mid-1960’s, argues that while
America is now legally a colorblind society, treating all races equally under
the law, many factors combine to build profound racial weighting into the
legal system.[5]Michelle Alexander, an American civil rights lawyer and
law professor, describes colorblindness as a mentality that holds racism as
a thing of the past because overt racism is taboo, yet she argues that
institutional racism intervenes at every phase of the mass incarceration
process, from policing, to legal deliberations, to life after prison.[6]She
shows how the war on drugs has given police extraordinary powers in
stopping and searching anyone they view as suspicious. The federal
government has also offered substantial financial incentives to police
departments making mass arrests in the war on drugs. Black men are
stopped and searched at highly disproportionate rates compared with
white people, and as a result, the war on drugs has been the leading
factor behind the mass increase in prison population in the United States.
[7]
God’s primary purpose in punishment has always been the restoration
of the sinner.[8]Alternatives to the American system of imprisonment
include deprivation of privilege, increasing monetary fines, and
community service.[9]Moreover, Christian responses for possible ways to
deal with minor drug offenses that might be more effective than jail terms
include rehabilitation and restorative justice. To persuade individuals to
take responsibility for their actions is the first step, but the church (and
individual Christians) should do all it can within its power to promote
regeneration through the Holy Spirit.[10]This is the heart of reform.
Ezekiel prophesied, “And I will remove the heart of stone from your flesh
and give you a heart of flesh” (Ezek 36:26b).[11]Learning of God’s
forgiving grace, the ability to become a new creation, and having a caring
family of accountability and support are hallmarks of true and lasting
change for the criminal. There is also a need for those who create and
enforce the law to be regenerated and to realize that each of us have
sinned and fallen short of the glory of God (Rom 3:23) and are made
equally in the image of God (Gen 1:27).
Restorative justice is a process to involve, to the extent possible, those
who have a stake in a specific offense and to collectively identify and
address harms, needs, and obligations, in order to heal and put things as
right as possible.[12]Such actions put key decisions into the hands of
those most affected by crime, makes justice more healing/transformative,
and reduces the likelihood of future offenses.[13]At the root of our sins is
greed, hate, passions, and lust. “Overwhelming victory is ours through
Christ who loved us enough to die for us” (Rom 8:37).[14]
Word Count: 685
[1]Victor St John and Vanessa Lewis, “Vilify Them Night After Night: Anti-
Black Drug Policies, Mass Incarceration, and Pathways Forward,”Kennedy
School Review20 (2019): 4.
[2]Ibid., 21-22.
[3]Ibid., 22.
[4]Ibid., 18.
[5]Ryan Moore,An Analysis of Michelle Alexander's The New Jim Crow:
Mass Incarceration in the Age of Colorblindness(London, UK: Macat
International, 2017), 1.
[6]Ibid., 12.
[7]Ibid.
[8]Robertson McQuilkin and Paul Copan,An Introduction to Biblical Ethics:
Walking In the Way of Wisdom. 3rd Ed.(Downers Grove, IL: IVP Academic,
2014), 432–33.
[9]Ibid., 436-437.
[10]Ibid., 441.
[11]Unless otherwise noted all biblical passages are in the,English
Standard Version(Wheaton, IL: Crossway, 2008, n.d.).
[12]Howard Zehr,The Little Book of Restorative Justice(Intercourse, PA:
Good Books, 2002), 37.
[13]Ibid.
[14]The Living Bible Translation.
Bibliography
McQuilkin, Robertson, and Paul Copan.An Introduction to Biblical Ethics:
Walking In the Way of Wisdom. 3rd Ed.Downers Grove, IL: IVP Academic,
2014.
Moore, Ryan.An Analysis of Michelle Alexander's The New Jim Crow: Mass
Incarceration in the Age of Colorblindness. London, UK: Macat
International, 2017.
St John, Victor, and Vanessa Lewis. “Vilify Them Night After Night: Anti-
Black Drug Policies, Mass Incarceration, and Pathways Forward.”Kennedy
School Review20 (2019): 18–29.
Zehr, Howard.The Little Book of Restorative Justice. Intercourse, PA: Good
Books, 2002.
