Addressing Excessive Sentencing’s Impact on
Rehabilitative Programs.
The modern criminal justice system said to be founded on the principles of justice, fairness, and the rehabilitation of offenders is much better known to operate on a foundation of judicial retaliation and penal punishment. This, creating excessive sentencing of those convicted of offenses, not only results in prolonged periods of incarceration but severely limits our access to habilitation programs: programs intended to heal, rehabilitate, and enable individuals to be restored back to society as productive citizens. There are detrimental consequences to not explore potential solutions to this issue and ensure that the habilitation of the incarcerated remains a cornerstone of the justice system.
Rehabilitation has long been recognized as an essential component of the criminal justice process. Its aim is to reform offenders, reduce the likelihood of reoffending, and ultimately reintegrate us into society as productive citizens. However, the excessive sentencing of prisoners often undermines this essential aspect of justice. When incarcerated individuals are handed disproportionately lengthy sentences, our ability to participate in and benefit from habilitation programs is greatly diminished.
Lengthy sentences can discourage incarcerated individuals from participating in rehabilitation programs, causing the belief that our release is too far in the future can lead to apathy and a lack of motivation to engage in programs that could otherwise contribute to our personal growth and reintegration.
Habilitation programs, including education, vocational training, and counseling, equip incarcerated individuals with essential skills for life beyond bars and the normalities of a functioning adult and responsible citizen. However, these programs are not granted at the moment of incarceration and excessive sentencing denies them the chance to acquire these skills, making reintegration into society upon release a far more challenging endeavor.
By limiting access to such programs, the prison system perpetuates a cycle of recidivism, wherein individuals leave prison ill-equipped to make positive life changes and minimizes the risk of reoffending.
One of the most direct ways to mitigate the negative impact of excessive sentencing on habilitation programs is through comprehensive sentencing reform with equal and restorative justice. This entails, from my perspective, reviewing the mandatory minimums, excessive sentences for nonviolent and first time offenders, three-strike laws where they exist, and other policies that contribute to long sentencing. By adopting more nuanced approaches like that of the Scandinavian Prison and Probate Service, the justice system can ensure that punishments are proportionate to the crimes committed, and doesn’t continue throughout the individuals’ incarceration.
Implementing prevention measures that identify individuals at risk of incarceration can help prevent the issue of excessive sentencing from arising in the first place. This could involve improved legal representation, diversion programs, and alternatives to incarceration for nonviolent offenses. For those already facing lengthy sentences, prison authorities can still facilitate access to habilitation programs by incorporating them into the daily routines like the Scandinavian open-prisons format for employment and community service opportunities. Flexible scheduling, distance learning, and remote digital platforms can bridge the gap between prisoners and outside educational resources.
Considering judges play a crucial role in determining sentences, policies can be structured to allow them greater discretion in tailoring sentences to individual circumstances enabling judges to consider the potential for restoration and the benefits of participation in habilitation programs.
The criminal justice landscape necessitates an overhaul which addresses and remedies the impact of inequitable justice and excessive sentencing on habilitation programs for incarcerated individuals. Habilitation, or an individuals’ ability to “fit in” into society is a fundamental right for all people that contributes to safer communities and a more equitable society. By addressing this issue through sentencing and in-prison reforms, we as a nation can ensure that incarcerated individuals are not just serving time, but also making strides towards healing, personal growth, and successful reintegration. This holistic approach can break the cycle of recidivism and create a more just and compassionate society.
Here are some of the significant negative consequences on individuals, families, communities, and society as a whole associated with prolonged and excessive sentencing in the criminal justice system:
Firstly, excessive sentencing can be seen as human rights violations, particularly the right to be free from cruel, inhumane, or degrading treatment. It is not just extensive periods of isolation within prison that can lead to mental and physical health deterioration among incarcerated adults and juveniles, which the Obama administration addressed with positive changes, but lengthy sentences effectively constituting a form of punishment that goes beyond the original crime.
Not only does excessive and prolonged sentencing contribute to prison overcrowding, which leads to increased tension, violence, and poor living conditions within “correctional” facilities but also strains prison staff, making it challenging for them to operate as “contact officers” and provide necessary rehabilitative services.
A financial burden is placed on taxpayers with the cost for maintaining incarcerated individuals in prison for lengthy periods and diverts resources that could be used for more effective crime prevention strategies or habilitation programs that would reconcile and restore prisoners with their communities and families on whom economic hardships are also placed.
Excessive sentencing tends to disproportionately affect marginalized communities, including people of color and those from low-income backgrounds. This perpetuates existing inequalities within the criminal justice system.
Incarcerated individuals serving long sentences have limited access to habilitation programs, leading to the loss of potential contributions to society and opportunities for personal growth and positive impact despite the individuals’ release date.
Prolonged sentences are needed in particular cases when incarcerated individuals continue to demonstrate apathy, violent behaviors, and tendencies. But research suggests that excessively long sentences may not be more effective at deterring crime than shorter sentencing. Criminal behavior is influenced by a complex array of factors, and the severity of punishment is just one element. Attention and resources are needed for proactive crime prevention strategies, community policing, and addressing the root causes of criminal thinking and behavior.
Sentencing practices must be reevaluated, along with considering alternatives to incarceration, and focusing on evidence-based policies that prioritize public safety and the well-being of individuals and communities.
To live for the people.
Founder & CEO of the Tranquil Earth Alliance
