Introduction
Discrimination is a systemic issue in the criminal justice system, from initial encounters to appeals, conviction, imprisonment, parole, and beyond. The total number of wrongs done throughout history has had devastating results. In the so-called “justice” system, there is overwhelming evidence of bias and unfairness. The urgency of fixing these issues and addressing restorative justice is heightened because they have deep historical roots, are widespread, and persist across history.
Discrimination Issues
In today’s society, the whole system of mass imprisonment disproportionately turns individuals of color into criminals. As a result, racial prejudice is just as potent now as it was during slavery or the Jim Crow era of segregation that followed it (Alexander, 2012). Contemporary criminal justice is currently undergoing a transformation that appears to be distorting its structure not only about race but also about poverty. For instance, the perpetuation of discriminatory practices and racial inequalities can be observed through the act of disenfranchisement.
As per Brian Stevenson, in Alabama, a significant proportion of the Black male populace, amounting to 34%, has been permanently disenfranchised due to prior convictions (TED, 2012). An increasing number of black individuals being convicted, and with some of those being wrongfully accused, have resulted in a violation of their fundamental human rights. By this pattern, the degree of disenfranchisement is anticipated to reach levels comparable to those observed before the enactment of the Voting Rights Act.
The criminal justice system’s flaws and disruptive phenomena are visible even in schooling systems. Schools are diverting minority children into the criminal justice system, which only serves to criminalize them further and adds to the problem of mass imprisonment. The likelihood of arrest for a black student was nearly four times that of a white student (Amanjuck, 2020).
Children of color are disproportionately impacted by the “school-to-prison pipeline,” a trend that leads to increased incarceration. And then, the minors are tried in a criminal justice system with the option of capital punishment. If the victim is black, there is an 11-fold increase in the likelihood that they will be executed (TED, 2012). This statistic is sufficient to acknowledge the pervasiveness of racial prejudice, given that mass imprisonment now serves the same goal as slavery did before and during the Civil War.
Benefits of Restorative Justice
By providing opportunities for people to voice their stories and learn from others, restorative justice can help heal the wounds of oppression and past wrongs. By doing so, we may better comprehend the decades of oppression, brutality, and genocide that Black and Indigenous people have endured. In addition, RJ entails allocating sufficient resources to ensure the timely realization of the reparative plans.
Black and Indigenous people, who are decedents of the “First” and “Second Harms,” can help alleviate systemic oppression and historical harms since making amends is a fundamental component of restorative justice (Henry, 2021). To put things as right as feasible for our society, restorative justice can allow those affected to lead procedures to identify the needs that have arisen due to the harm caused. Moreover, many people in this era of criminal justice reforms think that only those sentenced for nonviolent drug offenses deserve our compassion and respect (TED, 2017). However, by emphasizing rehabilitation rather than punishment, restorative justice may improve accountability and emotional well-being for everyone involved.
Restorative justice is essential in the context of the school-to-prison pipeline and the personal harm done to young people of color. Schools may put more emphasis on students and less on punishment, thanks to restorative justice. Detention, suspension, and displacement are examples of punitive measures that affect young lives rather than addressing the issue. By emphasizing restorative justice and compassion, educators help debunk the misconception that schools have no use for children in trouble and open the door for alternative disciplinary measures (Amanjuck, 2020). In this situation, restorative justice provides a chance for intellectual development and learning from harm.
Dangers of Restorative Justice
There is a risk that restorative justice will be utilized to maintain and even legitimate preexisting racist and invasive structures. Since RJ’s moral fitness to discuss, much less resolve, the dual problems of decolonization and reparations are called into doubt by the absence of Undoing The First Harm from RJ’s agenda (Valandra, 2020). By failing to carry through the treaties negotiated to settle land, jurisdiction, and rights concerns with Indigenous people, RJ practitioners contribute to the perpetuation of injustices.
Even though both sides have signed treaties to maintain calm relations, those agreements are often disregarded. The first step should be apparent, yet many practicing RJ overlook treaty observance. The settler structure is not only left unquestioned by equity but also strengthened by the enormous advantages of leaving damages. To alleviate the first harm, RJ practitioners must pursue responsibility.
Conclusion
Even less so than a formerly enslaved person or a black person living during the height of Jim Crow, a convicted criminal released from jail today has few, if any, rights and is often treated with less respect. The mass imprisonment system requires a workable grassroots alternative to address its core causes. Restorative justice has the potential to repair past wrongs and end current forms of injustice, but it is not without its pitfalls.
References
Alexander, M. (2012). The New Jim Crow: Mass incarceration in the age of colorblindness. The New Press.
Amanjuck. (2020). What school discipline strategies say about race relations in today’s schools | USC Rossier. USC-MAT. Web.
Henry, S. (2021). Opinion: Restorative justice is used to legitimize oppressive systems. Juvenile Justice Information Exchange. Web.
TED. (2012). Bryan Stevenson: We need to talk about an injustice | TED [Video]. YouTube. Web.
TED. (2017). Am I not human? A call for criminal justice reform | Marlon Peterson [Video]. YouTube. Web.
Valandra, E. C. (2020). Colorizing restorative justice: Voicing our realities. Living Justice Press.