The advent of our modern criminal justice system in Western civilization began with the Sumerian Law of Mesopotamia in 3100 BCE. This codified law system morphed through several variants over time, with some codes of law becoming a large part of modern day Judeo-Christian religion, such as the Code of Hammurabi from Babylon in 1750 BCE and some being particularly cruel, such as the Greek’s Draconian Code of 600 BCE. By the Dark Ages in Europe, crime was considered a private affair and the victim or victim’s family was charged with carrying out vengeance. Modern criminal justice and corrections systems were highly influenced by the Age of Enlightenment, with the idea that the criminal should be both punished for their crime and rehabilitated to become a productive member of society.
In America, we have seen significant changes to the criminal justice system over the last forty years, with the implementation of mandatory minimum sentencing guidelines, the failed “War on Drugs” policy, and tougher incarceration rules. The percentage of people under the influence of our criminal justice system has more than quadrupled, with many convicted criminals being disproportionately minorities. It is important to recognize that there are, or should be, four reasons to the criminal justice system. These include: (1) retribution, (2) deterrence, (3) incapacitation and (4) rehabilitation. The question remains concerning whether or not the goals are accomplished. Since the percentage of people in the criminal justice system has grown so significantly, it is obvious that the system is failing to do many of these. Individuals are not deterred by fear of the system; furthermore, the level of repeat offenders clearly indicates that rehabilitation is not occurring either.
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"Religion and Modern Crime".
With the privatization of prisons and prison services, there are no longer incentives to releasing inmates early, when the private corporations stand to gain money for each incarcerated individual. The effects of incarceration on our society are astounding, with many re-offenders, children growing up without one or both parents, and pervasive poverty among those offenders who succeed in remaining out of prison. A fair and just criminal system would be one where violent, non-rehabilitative individuals are imprisoned to protect society and non-violent offenders are offered ways to rehabilitate through restitution, such as we see in community justice situations: i.e. if a kid spray paints a building, he is ‘punished’ in his community and forced to clean up the building. Thus, the victim is served and the offender is given an option to avoid incarceration or a criminal record.
The proposed system offers many benefits. For instance, if a non-violent prisoner is allowed to perform work, there are many benefits to it. Prisoners who are non-violent can be released in chain-gangs and clean graffiti, pick up trash, repair bridges and roads, and engage in constructive work to society. It is likely that the prisoners would enjoy leaving the jail for a period of time each day. Cleaning up trash on a roadway must be more enjoyable than sitting in a cell; it allows for fresh air and light, as well as exercise. It would also allow the prisoners to gain a sense of accomplishment, when a road is paved or a bridge is repaired. Furthermore, it teaches the prisoners an actual skill. It must be noted that many individuals turn to crime because they need the money and have no viable or marketable skills. This is a problem in our society. Unskilled labor makes little to no money in the current American society. If a prisoner leaves prison with a marketable skill that he or she did not have at the start of the sentence, rehabilitation has truly occurred. Furthermore, American citizens are recouping something for the cost of the criminal justice system. Since Americans pay the upkeep of prisoners, it is natural that they should expect to obtain something in return.
