Addressing Racial, Ethnic, and Class Disparities in the Adult Justice System Through Correcting the Recidivism Rate

From Race, Ethnicity, & Crime 2021

During the course, we have gained the knowledge of understanding the massive scale of social-economic disparities existing at every level in the system due to mass incarceration and many processes that occur during the criminal procedure with release from prison as the “final” obstacle a person needs to face when trying to obtain a life of normalcy. However, we know with the high recidivism rate of 70-80% of individuals returning to prison that these challenges can be even greater than one might hope due to the multiple policies, procedures, and state laws making it even more difficult of a feat to achieve all the necessary needs once one is released. Along with these physical barriers, released prisoners have to deal with stigmas and stereotypes associated with their status as an ex-offender which translates into our society and culture’s attitudes and beliefs about incarcerated folk. In the following passages, I will be explaining the various impediments affecting released prisoners once they enter the free world in terms of the recidivism rate using non-reformist reform. Removal of the harmful policies, laws, and practices along with a collective shift of perceived attitudes and beliefs on ex-offenders is an effectual way at allowing positive transformations in lives of those caught in the system. Moreover, I argue the increased funding and development of community programs and local non-profit agencies will supply even further assistance. These hindrances create an atmosphere of impossibility for all ex-prisoners to accomplish feeling a sense of belonging and involvement in their local area, as well as a successful member of society. These alternative visions aim at making it easier to acquire and sustain certain requirements all released inmates must attain to achieve a healthy, normal life.

We have seen how incarceration and recidivism disproportionately affects minority communities and families, where one parent, usually the father is locked away for a crime, and the mother is forced to support the family on her own. This practice not only has damaging long-term effects on the incarcerated individual but their families as well, subsequently impacting children’s lives, making it likelier in the future that they will come into contact with law enforcement and being arrested. If the state and government could successfully move their funding efforts from mass incarceration and the criminal justice system to programs and policies that make it easier for one to enter and remain in society, many problems would be fixed for marginalized families. If there were an increase in community-based programs, organizations, and charities, then these initiatives could provide the majority of tools, education, and opportunities needed by someone leaving a confined period of disintegrated freedom, skills, independence, and knowledge that one requires to face the world head-on. As Senator and sociologist, Daniel Patrick Moynihan contends, a few problems troubling black families is the “out-of-wedlock births were on the rise, and with them, welfare dependency, while the unemployment rate among black men remained high,” and to solve this issue, he believed that guaranteeing minimum income for all families and that black fathers should be supported by public policy with funding from the government to obtain jobs (Coates, par. 3). A job is the largest factor at predicting the rate of return to prison, as “a criminal record tends to injure employment prospects,” so correcting this social issue relatively soon is imperative (Coates, par. 30). His larger solution is that white Americans must accept responsibility and correct their centuries-old wrongdoings one step at a time (Coates, par. 12).

Even those held on bail in jail are impacted by capitalization of their socioeconomic issues, which primarily affects poor and marginalized people, where bail amount can be created based on the predicted chance at committing another crime (Pfaff, par. 5). On the case of Rikers Island bail release, defendants are given “unaffordable bail to ensure systemic confinement,” despite the fact that there are state laws in motion that requires judges to consider a defendant’s ability to pay bail and there are nine alternative ways for releasing defendants from jail (Pfaff, par. 7). Only the state’s control has the ability to override any laws in place and abuse the system however public and justice officials please ignoring the consequences suffered by those afflicted. The cycle of recidivism is exacerbated by court debt, fines, fees, and lack of resources and opportunity (Max, par. 9). Locking up someone in any form means they’re suspended; all activities, occupations, and familial responsibilities freeze when someone is sent to jail or prison. If and when they finally manage to escape the criminal justice system itself, they can feel the irreversible damage and pain they endured for years after, that is if they can ever achieve total severing of all ties to the justice system. Probation laws, policies, and violations are another overpowering method for continuing the oppression of specific communities (Kurti, par. 11-12). Class, ethnic, and racial distinctions play a large role in probational activities at worsening inequality and injustice. Many times, bail release and probational procedures cost cities and the state outward expenses, so why haven’t they put forth more research and effort into defunding the criminal justice processes, and relocating those funds to other areas like social, economic, and political impacts of marginalized, over-incarcerated communities?

The return rate of defendants and prisoners demands social collective action from all people, groups, and organizations willing to fight for what is right and get involved. As John Pfaff states, “much of criminal justice reform is about making the general public think more carefully about the needless, preventable, and often counterproductive harms that the system creates” (Pfaff, par. 11). Radical transformation necessitates public response, action, and the slow turnaround of current political and social procedures. These fundamental goals can only be attained when, as a society, we begin to alter our overall beliefs and attitudes of offenders and understand the struggles of the incarcerated person. We must develop empathy, compassion, and evolve an awareness of the raw, relatively hidden conditions of the criminal justice system. Empowering incarcerated-devastated communities and neighborhoods will subsequently bring more autonomy and strength to have control over the decisions they make and understand the outside factors affecting their daily lives. The effects of criminalization and the stigma of being a released offender take a toll on an individual, as they are not only denied a job and with that, any income at all, but they are denied the social acceptance of their peers, community, and potentially even family members. Mariame Kaba and Victoria Law view the matter as “the ways in which you continue to be punished, like the perpetual punishment that the system imposes on you, even when you still have done your time,” where paying your dues doesn’t seem to end after incarceration (Kaba & Law, 31:47).

In determining the risks and needs of an individual before incarceration, such as previous criminal activity, mental health, or substance abuse concerns, then one can be provided the right support, knowledge, and resources for refraining from entering the prison system again and creating a life of their own. If we can reverse the methods, policies, and laws preventing ex-offenders from permanently cutting all binds from the criminal justice system, we will succeed at reducing the disparity gap in racial minorities and lower socio-economic groups. This radical transformation is going to require the public to be made aware of the size of pain and suffering and to encourage everyone to take action and join in for the sake of all citizens living inside the United States who are afflicted by the criminal justice system in an era of mass incarceration and roadblocks at every turn. Further, eliminating and reintroducing beneficial laws, policies, organizations, and programs that combined, can combat disparities and close the racial-class divide by supplying jobs, housing, therapy, and support opportunities. To achieve these goals, we need a shared view and understanding of what true justice, equality, and peace looks like as a collective nation.