Crime and Punishment
c c c c 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]
c c c c 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]
c c c c 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).
c c c c 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 Review
20 (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 Review 20
(2019): 18–29.
Zehr, Howard. The Little Book of Restorative Justice. Intercourse, PA: Good Books,
2002.
