1 Part 3: Community-Based Solutions to the Problem The issue of mass incarceration in the U.S. is a big problem in the administration of justice and protecting the welfare of minority groups, specifically African Americans. The legacy of slavery has permeated the justice system in the U.S., contributing to the high and disproportionate incarceration of people of African descent (Federal Bureau of Prisons. 2022). The problem of mass incarceration can be managed through a variety of community-based strategies (Tucker, 2012). One of the community strategies to address the problem is the use of restorative justice to address crime. The community initiates and leads the talks between the offender and the victims to help them repair the damaged relationship and restore normalcy between the affected parties. Restorative justice can also incorporate offender rehabilitation as a community justice strategy that helps reform criminals and people with behavioral challenges. Drug and substance abuse are some factors associated with the skyrocketing number of incarcerated people in the U.S., particularly African Americans (Aseltine, 2018). Since the war on drugs was launched in the 1970s, the population of inmates has risen exponentially, with most incarcerated persons requiring rehabilitative services rather than imprisonment (Tate, 2019). The construction of community rehabilitation centers to reform persons suffering from drug and substance abuse and mental health issues that predispose them to criminal living is handy in addressing the problem of mass incarceration in the U.S. Strengths Restorative justice helps to reconcile parties to conflicts, helping society to stay intact united, and peaceful. The problem of mass incarceration is exacerbated by unresolved differences within the community, underlining the importance of restorative justice in preventing future crimes (Rye et al., 2018). Through restorative justice strategy, the offender and victim are
2 given a platform to open up and honestly share their views that can help them find a lasting solution. Consequently, this strategy helps reduce the need for arrest and ailment of offenders in the community. Moreover, under restorative justice, the offender and victim of crime can resolve the issue in a dignified manner. Incarcerations are dehumanizing because they deny the prisoners a chance to enjoy most human rights and freedoms, leading to the perpetuation of a criminal mentality and a sense of revenge (Aseltine, 2018). The dignified handling of cases makes it easier for offenders to seek forgiveness and change their way of life for the betterment of their life and the community at large. When people learn to own mistakes and seek forgiveness, they are likely to avoid crime, hence reducing the possibility of being incarcerated. Restorative justice reduces the cost of running prison services to the benefit of the community. As cases are resolved outside the conventional justice system, jails are starved of clients (Clear & Karp, 2019). Money saved through the diversion of cases can be used to initiate development projects that can help alleviate poverty and societal inequalities (Rye et al., 2018). Eliminating inequalities in the U.S. would lead to the emancipation of minority groups such as African Americans, reducing the vulnerability to criminal life and incarceration. Weaknesses Despite its strengths, restorative justice is marred with weaknesses that parties should understand. One of the key weaknesses is that it can only work where the offender has admitted wrongdoing. Devoid of admittance, restorative justice is a mirage because there will not be accepting liability, apologies, and repairing the damaged relationship between the offender and the victim (Aseltine, 2018). Moreover, restorative justice requires the cooperation of the victim. In cases where victims are not ready to meet the offender and forgive, applying a restorative
3 justice strategy is hard. The victim should be ready to meet the offender and discuss the way forward for mutual benefit (Rye et al., 2018). In serious crimes such as rape and murder, it is hard for victims or their families to embrace restorative justice, hence a limited strategy to address societal injustices and reduce incarceration. Community Prosecution Communities can also address the problem of mass incarceration, particularly targeting minority African American com unity, by opting for community-based prosecution of offenders. The strategy can work best for managing petty offenses to prevent the arrest and prosecution of offenders in a court of law. Strengths Community prosecution entails a long-term, practical partnership between the community, the prosecutor's office, law enforcement officers, and private players. The cooperation helps to develop a holistic approach to crime (Clear & Karp, 2019). The unity in managing crime fosters understanding between the parties, reducing the need to take cases to court and later incarcerate the convicts. For a society grappling with mass incarceration and systemic racism, the community prosecution strategy promotes collaborative efforts that reduce incarceration rates and racial biases in the criminal justice system (Tucker, 2012). Community justice would also have held to demilitarize the police force to the benefit of African American minorities who are major targets of security operations. The collaboration between the community, prosecutor, law enforcers, offenders, and victims promotes understanding between the players in the justice system (Clear & Karp, 2019). The net effect of this understanding is the shift from an antagonistic relationship between the community and law enforcers to collaboration (Kitwana,
4 2002). As they cooperate, the problem of racial profiling and arrests over flimsy excuses wanes, reducing the number of people who are likely to be incarcerated. Community prosecution helps to administer instant justice to victims and also helps to foster reconciliation. The offender and the victims are brought before a community council to determine their case (Wright, 2021). Given that the council members are local, parties are likely to embrace the outcomes of prosecution, which include repatriation, paying fine, reprimand, and community service. Instant justice for small crimes or cases that can be prosecuted at community levels, such as resolving cases of trespass, petty debts, and family differences, helps parties to cases to resolve the issue between them and move on (Clear & Karp, 2019). Court processes are often long, tedious, and time involving because of investigations and congestion of cases that a single court has to handle. The other strength of the community justice system is that it eliminates the costs associated with the conventional justice system. The parties to the conflict are not required to hire attorneys and incur other related costs. Community prosecutions are cheap and easily accessible to the benefit of the parties (Wright, 2021). In the long run, individuals can avoid incarcerations over issues that can be solved locally. Weakness Community prosecution favors small crimes, leaving bigger crimes such as murder, robbery with violence, drug trafficking, and rape unaddressed. The conventional justice system prosecutes capital offenses effectively (Wright, 2021). It is also imperative to note that community prosecution requires the approval of victims of crime and prosecutors. Lack of support or approval by any key parties renders community prosecution inapplicable.
5 References Aseltine, E. (2018). The Perniciousness of Prisons: Documenting the Problems of Mass Incarceration. American Anthropologist, 120(3), 595–598. Clear, T.R. & Karp, D. (2019). The Community justice ideal. Taylor & Francis Group. Federal Bureau of Prisons (2022). Inmate race. https://www.bop.gov/about/statistics/statistics_inmate_race.jsp. Kitwana, B. (2002). The Hip Hop Generation: Young Blacks and the Crisis in African American Culture. Basic Civitas Books. Rye, B., Hovey, A., & Waye, L. (2018). Evaluation of a restorative justice-based, communitybased program for people who have offended sexually: participant impact. Contemporary Justice Review, 21(3), 276–298. Tate, G. (2019). The black urban community: From dusk till dawn. Springer. Tucker, T. (2012). The New Jim Crow: Mass Incarceration in the Age of Colorblindness by Michelle Alexander. African American Review, 45(3), 466–468. Wright, R.F. (2021). Community prosecution and building trust across a racial divide. The Oxford Handbook of Prosecutors and Prosecution, pp. 412–428. https://doi.org/10.1093/oxfordhb/9780190905422.013.2.