This paper discusses that the prison system in the United States is inundated with problems, injustice, and conditions not conducive to rehabilitation.
The paper explains that the First, Fourth, Fifth, Sixth and Eighth Amendments of the Bill of Rights ?guarantees? prisoner rights; however, in the wake of ?Homeland Security? and the Patriot Act, constitutional rights may very well be at the discretion of prison or government authorities. The author points out that, if rehabilitation were the purpose of incarceration, one would expect programs and opportunities to be available within the prison setting, which would focus on education, employment, and social interaction. The paper states that the argument for a humane punishment to meet the crime lies within the jurisdiction and processes of restorative justice.
“Howard Rehr is an advocate of restorative justice whereby the offender to takes responsibility for his or her acts, restoring the dignity and social power to the offender, providing restitution for the victim and restoring a sense of community. It is a means to build, restore and strengthen relationships within the affected community. Restitution is the heart of the restorative justice process. “Restorative justice views crime, first of all, as harm done to people and communities. Our legal system, with its focus on rules and laws, often loses sight of this reality; consequently, it makes victims, at best, a secondary concern of justice.””