Introduction
There has been much focus on the school’s criminal justice system, especially concerning students with disabilities. Involvement in the criminal justice system can be challenging for students with exceptional needs who may require extra help. This article aims to examine the significant difficulties and potential benefits of working with students with special needs within the criminal justice system.
In addition, we will investigate the most effective strategies for teaching criminal justice to kids with special needs and the viability of modifying the criminal law scheme to be more inclusive and therapeutic. This paper’s premise is that the criminal justice system can be less exclusive and more restorative for students with special needs if it prioritizes rehabilitation and addresses systemic disparities. To ensure that everyone has equal access to justice and possibilities for growth, further research and action are nonetheless required.
Initiatives Established in Schools to Manage Student Conduct
Lunch Detention
Lunch detention is commonly used as a form of school discipline in the United States. Students who cause a disturbance or breach the rules may be ordered to spend their lunch periods in the school doing homework or other assigned duties (Kovera, 2019). Lunch detention gives students time to think about their behavior and develop as people (Cesaroni et al., 2019). Critics believe it can have unforeseen repercussions, like isolating the offender from friends and family, and are no less severe than suspension or expulsion.
Etiquette Classes
Another program implemented in schools to regulate student behavior is etiquette instruction. Students can improve their interactions with others through the lessons they learn in these classes on social skills, manners, and etiquette (Novak, 2019). Etiquette classes are an alternative to more severe forms of discipline to encourage appropriate conduct and discourage misbehavior (Cesaroni et al., 2019). Students with mild behavioral issues or who could benefit from further social skills training are often referred to etiquette lessons.
ALC Rotations
Schools have also implemented ALC (Alternative Learning Center) rotations to manage student behavior. Students who have trouble maintaining appropriate behavior in more traditional classroom settings may benefit from participating in ALC rotations (Rosenbaum, 2020). These rotations involve removing unruly students from their classes and placing them in a separate classroom or off-campus location for counseling, academic help, and customized attention (Zhang, 2019). The objective is to assist these children in overcoming their difficulties so that they can return to their regular classrooms.
Restorative Justice Programs
The use of restorative justice programs in schools to address student misconduct is rising. In these settings, offenders, victims, and community members are brought together to address the harm caused by the offender’s actions and find a way forward (Rosenbaum, 2020). The perpetrator is expected to reflect on the damage they have caused and make amends (Fisher et al., 2023). Little infractions of the rules and significant crimes can all be addressed through restorative justice initiatives.
Positive Behavioral Interventions and Supports (PBIS)
PBIS is a preventative strategy for controlling student behavior that employs rewards and reinforcement to encourage desirable actions. With the help of PBIS, schools can foster an environment where all kids can learn and grow (Fisher et al., 2023). Teaching children’s behavioral expectations and offering reinforcement when those expectations are satisfied are standard components of PBIS programs (Zhang, 2019). This method is predicated on the idea that rewards are more powerful than punishments when shaping behavior. Implementing PBIS has been linked to positive changes in kids’ behavior and academic performance.
Strategies to Make Criminal Justice More Inclusive and Rehabilitative
Promote Community Policing
Partnerships between police departments and the communities they protect are at the heart of the concept of “community policing.” Through this method, police can better serve the public while also earning the public’s trust (Poole, 2019). By coordinating their efforts, law enforcement and the community can zero in on the underlying problems fueling crime in the area and work together to create lasting, community-driven solutions.
Using Principles of Restorative Justice
Together, victims, offenders, and community members face the suffering caused by the offender’s acts and work toward a solution. According to Poole (2019), this approach encourages the offender to consider the harm they have caused and accept responsibility for their actions. Initiatives for restorative justice can handle both serious crimes and minor rule violations (Yanto et al., 2020). By mending harm rather than punishing offenders, restorative justice seeks to create a more inclusive and healing criminal justice system.
Offering Sentencing Variants
There are various alternatives to conventional imprisonment that might be taken into account as part of a sentence. Examples include community service, restorative justice, and substance abuse treatment (Yanto et al., 2020). The criminal justice system can become more inclusive and effective at addressing the root causes of criminal behavior if it offers alternatives to incarceration (Yanto et al., 2020). Racial sentencing inequities, inaccessibility to legal counsel, and the criminalization of poverty are just a few of the problems that need fixing before the system can be more inclusive (Toldson, 2020). The criminal justice system can become fairer and more rehabilitative if these problems are resolved.
Offering Courses and Counseling for Recovery
Offenders’ underlying concerns that contribute to criminal behavior can be addressed through education and rehabilitation programs. Job-related services, mental health care, and substance abuse rehabilitation are all included (Simon & Tobey, 2019). With these problems solved, the criminal justice system can become more restorative and effectively reintegrate former offenders (Turney & Wakefield, 2019). Providing alternative sentencing options, addressing systemic inequalities, and providing educational and rehabilitation programs.
Emphasis on Restorative Justice
Restorative justice aims to restore the victim’s sense of safety and security following an incident of criminal activity. Reconciliation is the process of bringing together the perpetrator, the victim, and the community to talk about the effects of the crime and find a way to make amends (Turney & Wakefield, 2019). As a result, offenders are more likely to accept responsibility for their crimes and make amends, helping the community recover and giving the victim peace of mind. As an alternative to conventional punitive justice systems, which frequently fail to address the underlying causes that lead to criminal conduct and focus punishment over rehabilitation, restorative justice alternatives have grown in favor.
Conclusion
Dealing with students with special needs has raised questions about the criminal justice system’s role in schools. The research questions highlighted the difficulty of making the criminal justice system accessible to students with disabilities and the potential for modifying the criminal law scheme to be more rehabilitative and inclusive. Restorative justice and community policing are only two examples of the measures described that have been proven to help make the criminal justice system more inclusive and less punitive.
All kids need an equitable and fair criminal justice system, and this can only be achieved if schools and governments place a premium on rehabilitation and tackle systemic inequities. Despite the good intentions behind programs like lunch detention and ALC rotations, they may have the unintended consequence of isolating or stigmatizing pupils, especially those with special needs, who are already disadvantaged. Hence, it is crucial to ensure that these programs welcome all students involved in the criminal justice system and cater to their unique requirements.
References
Cesaroni, C., Grol, C., & Fredericks, K. (2019). Overrepresentation of indigenous youth in Canada’s criminal justice system: Perspectives of indigenous young people. Australian & New Zealand Journal of Criminology, 52(1), 111-128. Web.
Fisher, Benjamin. W., & Fisher, A. E. (2023). Criminal justice system contact of students with disabilities by race and ethnicity: examining the role of school police. Children and Youth Services Review, 106953. Web.
Kovera, M. B. (2019). Racial disparities in the criminal justice system: Prevalence, causes, and a search for solutions. Journal of Social Issues, 75(4), 1139-1164. Web.
Novak, A. (2019). The school-to-prison pipeline: An examination of the association between suspension and justice system involvement. Criminal Justice and Behavior, 46(8), 1165-1180. Web.
Poole, B. A. (2019). The school of hard knocks: examining how Pennsylvania school disciplinary policies push black girls into the criminal justice system. Duquesne Law Review, 57, 382. Web.
Rosenbaum, J. (2020). Educational and criminal justice outcomes 12 years after school suspension. Youth & Society, 52(4), 515-547. Web.
Simon, L., & Tobey, M. (2019). A national survey of medical school curricula on criminal justice and health. Journal of Correctional Health Care, 25(1), 37-44. Web.
Toldson, I. A. (2020). Transdisciplinary convergence to accelerate strategies to mitigate institutional racism in criminal justice, education, and health systems (editor’s commentary). Journal of Negro Education, 89(1), 1-7. Web.
Turney, K., & Wakefield, S. (2019). Criminal justice contacts and inequality. RSF: The Russell Sage Foundation Journal of the Social Sciences, 5(1), 1-23. Web.
Yanto, O., Darusman, Y. M., Susanto, S., & Harapan, A. D. (2020). Legal protection of the rights of the child victims in Indonesian juvenile criminal justice system. Jurnal Yustika: Media Hukum Dan Keadilan, 23(01), 24-35. Web.
Zhang, G. (2019). The effects of a school policing program on crime, discipline, and disorder: A quasi-experimental evaluation. American Journal of Criminal Justice, 44, 45-62. Web.