Adopting Alternatives to the Traditional Criminal Justice System

The following proposal to President Obama is expected to meet his approval.   He would ensure that it is followed, seeing that it is meant to improve the criminal justice system of the United States, thereby enhancing the living standard of the Americans.   It would be easy to pass this proposal with the American public as well.   After all, they do not desire to be held in jails for crimes they have not committed, and neither do they want the lives of fellow Americans destroyed through the traditional criminal justice system.Adopting Humane Crime Deterrance TechniquesA popular theory in management sciences, the Contingency Theory, simply states: ‘It depends!’   Each and every individual exhibiting criminal behavior cannot be jailed, just as each and every victim of abuse does not wish for all perpetrators to be jailed.After all, even children may exhibit behaviors that appear uncivilized, if not criminal; for example, an unruly child in school may smash his frie nd’s head with a football.   Still, a child is a child – at the lower end of the learning curve.This is the reason why alternatives to the traditional criminal justice system, such as shaming, peacemaking strategies and restorative justice are especially recommended for juvenile delinquents (Sherman & Strang, 1997a).As a matter of fact, research has shown that young offenders are most likely to change their problem behaviors through restorative justice techniques rather than court proceedings (Sherman & Strang, 1997a).   Adult drink drivers, too, are very likely to change their problem behavior because of the humaneness of restorative justice (Sherman & Strang, 1997a).Of course, the same has not been said for serial killers or rapists.   After all, there was a reason for the Biblical rule: ‘Eye for an eye, tooth for tooth.’   Just as all types of crimes cannot go unpunished, all types of criminals do not require the harshness of the traditional jus tice system, defined by the terminology of â€Å"punishment, zero tolerance, criminal personality (Wormer, 2002).†The United States jails more individuals than any other place in the world, â€Å"perhaps half a million more than Communist China (Kemp, 2000).†Ã‚   It is not surprising, therefore, that our prisons are overcrowded.   Yet, the victims do not only desire for the perpetrators of crimes to be punished but also shamed so as to keep them from criminal activities in future.Shaming, peacemaking strategies, and restorative justice also carry elements of punishment.   These alternatives to the traditional criminal justice system allow the perpetrator of a crime to be known to all concerned.   However, these alternatives to the traditional justice system are less harsh.What if the person who is said to have committed the crime is innocent?   If a blamed person is truly innocent, the traditional criminal justice system that punishes him or her is a sham at be st.   On the contrary, alternatives to the traditional justice system, e.g. shaming, peacemaking strategies and restorative justice, are more apt to allow for the truth to be known.Then again, the use of humane alternatives to the traditional criminal justice system depends on the extent of justice required by the victim and the seriousness of the crime.   Unfortunately, the traditional criminal justice system often turns a blind eye to itself when it punishes innocent people, when intentions are misjudged, and innocent people are stigmatized as criminals for the rest of their lives.There are countless instances of such crimes perpetrated by the traditional criminal justice system, which is the very reason why alternatives to the traditional system must be thoroughly researched and applied when needed.Seeing that law enforcement personel, lawyers and judges too may misjudge people or hold them for crimes that they are not responsible for – considering the traditional crim inal justice system as a hard and fast rule appears as a crime in itself.   What is more, at times when the traditional criminal justice system fails to deliver, it makes a mockery of justice.There are other loopholes in the traditional criminal justice system as well.   Numberless severely mentally disturbed people, also known as psychopaths, insist on repeating their crimes.   Psychologists offer defense on the behalf of such individuals.It is still debatable whether insanity is an acceptable defense.   If a psychopath constantly harasses an individual, the victim may naturally want the mentally ill person to be punished, if not held behind bars in a mental hospital.Peacemaking strategies, such as getting a â€Å"respected community leader† to arbitrate or mediate disputes, resolve family troubles, and correct behavior by allowing the criminal to perform community service may not work in such cases (Neilson, 1999, 108).   But, even the traditional criminal justice system does not serve its purpose in all cases.It is, therefore, best to consider a mix and match of various crime deterrance techniques.   Unless a young offender is severely mentally ill, alternatives to the traditional criminal justice system, such as shaming, peacemaking strategies and restorative justice, may work best.Unless it is a rape, robbery or murder case, alternatives to the traditional system must also work best on adult offenders that have never received a legal notice in their lives.All that the victim desires is justice.   As Sherman & Strang (1997b) have maintained, if the perpetrator of a crime agrees not to repeat the offence, and manages to keep his or her word, it is perfectly correct to allow the individual to change his or her behavior by realizing his or her folly.   This is the reason why social workers are firm believers in alternatives to the traditional criminal justice system (Wormer).The Contingency Theory should continue to play a central role in the justice system.   Every case brought before law enforcement personnel and courts of law is unique, and must be treated thus.   If everybody is treated as an equal, the criminal justice system would make a mockery of itself playing the game of three blind mice – the ones given the task of meting out justice, the offenders, and the victims.Sane people do not want to be shamed or punished, and if they have mistakenly offended others, are usually prepared to mend their ways especially when mediators are involved in the case.   Human beings have a natural affinity with each other.Almost everybody in the world shrieks in terror at crimes perpetrated against humanity.   Therefore, it is most reasonable to consider the traditional criminal justice system alongside the alternatives to the system.   More correctly, it is necessary to put together the alternatives with the traditional criminal justice system and use the correct measures based on the facts of each case.J ust as everybody is not dishonest, all individuals cannot be expected to have the same level of intelligence or sense of responsibility toward society.ReferencesKemp, R. B. (2000, Mar). The U.S. Penal System: Restorative and/or Retributive Justice.Woodstock Report. Retrieved Nov 28, 2008, from http://woodstock.georgetown.edu/publications/report/r-fea61a.htm.Neilson, M. O. (1999). Navajo Nation Courts, Peacemaking, and Restorative Justice Issues.Journal of Legal Pluralism, Vol. 44. Retrieved Nov 28, 2008, fromhttp://www.jlp.bham.ac.uk/volumes/44/nielsen-art.pdf.Sherman, L. W., & Strang, H. (1997a, Apr). Restorative Justice and Deterring Crime.Australian Institute of Criminology. Retrieved Nov 28, 2008, fromhttp://www.aic.gov.au/rjustice/rise/working/risepap4.html.———————————–. (1997b, Apr). The right kind of shame for crime prevention.Australian Institute of Criminology. Retrieved Nov 28, 2008, from h ttp://www.aic.gov.au/rjustice/rise/working/risepap1.html.Wormer, K. V. (2002, Jan 7). Restorative Justice and Social Work. Social Work Today, Vol. 2,No. 1. Retrieved Nov 28, 2008, fromhttp://www.restorativejustice.org/resources/docs/vanwormer/.