The new Jim Crow: Mass incarceration in the age of colorblindness

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22 October 2015

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Correctional Policies

Introduction

            Correctional policies are the mechanisms put in place to act as rehabilitative guides on offenders and criminals. Based on the restorative theory of justice, several policies are developed to act as guide for administration of justice to all. Restorative principles strive to renew personal damages and communal relationships. Victims are the point of focus and the major goal is to heal and renew the personal well-being and retain the offender’s dignity and trust in the community (Furio, 2007). For instance, victims and offenders participation should be based on voluntary free and informed consent. They must be offered a comprehensible explanation about the process, what is likely to occur because of their participation and the condition at which the free consent may be withdrawn.

            The participants in a case must accept the essential truth of the offence and admit the responsibility arising from the offence (Furio, 2007). Additionally, these facts should offer adequate evidence to proceed with the charge and law must not bar the prosecution for the offence alongside granting each participant right to seek legal advice before and at all stages of the process.

            Restorative justice may take place at all phase of criminal justice system starting from pre-charge, sentencing and release from custody (Furio, 2007). However, the compatibility of the policies find a divers application on different cases. It is best applicable in criminal offences but finds limitations in traffic offences. It is evident that most of the crimes are committed by the youth. This may be accredited to the fact that the offending peak is in the late adolescence. There exist conspicuous discrepancies in the juvenile justice systems whose explanations remain a myth to scholars.

            According to Alexander (2010), USA has two systems of justice, one for privileged class of whites and the other for the disadvantaged blacks. This discrimination was demonstrated in 1980s during cocaine crack down that majorly involved black minors. This discrimination is based on color and socioeconomic status of both American whites and blacks (Alexander, 2010).

References

Alexander, M. (2010). The new Jim Crow: Mass incarceration in the age of colorblindness. New York: New Press.

Furio, J. (2007). Restorative justice: Prison as Hell or a Chance for Redemption. New York: Algora Pub.

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StudyScroll. (2015). The new Jim Crow: Mass incarceration in the age of colorblindness. [Online]. Available at: https://studyscroll.com/correctional-policies-essay [Accessed: 3-Oct-2022]

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