MAKING POLICIES WORK : MY TAKE ON LAW ENFORCEMENT AND INCACERATION.

       
         The maintenance of law and order is a basic function of government. In order to protect the lives, freedoms and property of individuals, governments enact and enforce laws aimed at ensuring stability and order in society. Failure to obey the laws of the state is often met with the legitimate force of the state manifested in the form arrest, prosecution, and, where applicable, imprisonment. A state which is able to enforce its laws and ensure compliance satisfies its duty to protect lives, freedoms and property but when the state becomes overly zealous and uses its legitimate force as an instrument of persecution; its legitimacy is called into question. The debate over the impact of mass incarceration on crime is hotly contested as proponents and opponents debate the efficacy of such policies. While some criminologists argue that mass incarceration deters crime, others argue that it results in little or no change in crime rates. 

Many major policy shifts in incarceration policy are aimed at deterring crime and engendering the feeling of safety among citizens. The tradeoff, however, is that an increasing number of citizens are being imprisoned or put under state monitoring programs. This has not only led to the loss of potential labor force, but has led to high administration costs and the erosion of the capabilities and economic opportunities of convicts.

The rise in jail sentences for victimless, non-violent crimes like petty theft, default on child support, petty drug possession and drunk driving have increased prison numbers exponentially without doing much to reform inmates and teach them to stay out of trouble upon release. According to the Bureau of Justice Studies, 2012 Report, between 1985 and 2010, the number of people imprisoned in federal facilities for drug related crimes rose from 41,000 to over 500,000. Within the same period, drug related charges accounted for more than half of all convictions.

Also, the privatization of the prison system has made it a business which thrives on high inmate numbers. The results is a hidden but evident rise in the demand for prison sentences and prisoners. The key justification for the high incarceration rates in the United States is the claim that it deters crime and keeps people safe by keeping lawbreakers away from the larger society.  Some criminologists even argue that it saves taxpayers a lot of money to conduct random sweeps and arrest suspected criminals en masse.  The reality, however, is that a huge chunk of America’s valuable labor force languishes in jail, mostly for drug related offenses and other non-violent crimes.

The failures of criminal policy are the combined effects of endogenous and exogenous factors which prevent the efficient and effective implementation of policies. The problem is not always with the policies themselves, but, more often than not, with how those policies are implemented. Even good policies, if wrongfully enforced or implemented could yield counterproductive results, likewise if they are biased or discriminatory. The efficient and effective implementation of policy directives require that 4 key criteria are met:

·        Adequate supply of resources/funds for the effective implementation of policies.

·        Efficient and effective personnel who understand and support the policy directive.

·        Fair, equal and even enforcement of policy directives devoid of all forms of discrimination, bias or oppression especially of minority groups.

·        General public acceptance of the legitimacy of policies and of the enforcement personnel.

Any institution that does not met all the above criteria risks being riddled with gross incompetence and abject failure. Sadly, the major law enforcement institution of the United States, The Police, is itself bedeviled with problems that prevent the attainment of such higher standards. Admittedly, some of these failures are not due to internal incompetence but are the result of mounting external influence and pressures mainly from politicians and lobby groups but also from the general public whose pressures for security sometimes overwhelm the police force and compel them to adopt more aggressive postures in crime combat.

Resolving the shortcomings of a country’s criminal policy requires a number of policy changes. First of all, the criminal policy itself should be made more reformative. Rather than imprisoning non-violent offenders with more hardened criminals, governments should focus on rehabilitating such offenders by providing then with alternative, employable skills to make then productive citizens.

Also, it is imperative for law enforcement agencies to enforce laws fairly and equally without any discrimination or biases. Perpetrating discriminatory practices against minority groups only serves to erode the legitimacy of the police and reduces the role of civilians in the crime combat process. By adopting fair, professional practices, the police can encourage civilians to assist with information on the activities of criminals and promote the role of citizens in promoting safer communities. It is worth mentioning that the activities of criminals keep getting more sophisticated, and law enforcement officers are compelled to devise more ingenious techniques for crime prevention and arrest of law breakers and to respond to the various situations they face in the line of duty. However, the wide discretionary powers granted to the police should be matched by effective supervision and oversight from the government, the administrative staff and the general public as a whole.

Moreover, since the majority of America’s prisoners are in jail for drug related offenses, there has been a loud cry for the decriminalization and subsequent legalization of drugs like marijuana which are known to have medicinal uses. If this is done, it will lead to a significant reduction in the number of inmates in America’s federal and state penitentiaries and ease the pressure on the government’s budget. It must be noted that, legalizing marijuana will not only make it easier to regulate its use and trade, it will also make it an income generating commodity which will generate income for its cultivators and for the government in the form of state and federal taxes. With the legalization of medicinal marijuana in 21 US states and the legalization of recreational marijuana in the states of Colorado and Washington, this policy directive appears to be gaining ground albeit slowly. If widely successful, it will eliminate the mass incarceration of Americans for small time offenses like drug possession which have been largely responsible for the overpopulation of America’s jails.

Furthermore, state and federal governments should be committed to addressing basic economic factors which foster criminal activities in society, namely poverty, deprivation and unemployment. Criminal activities are often a response to the survival instincts of individuals. In a society where individuals are constantly faced with the hardships of poverty and lack of basic needs, crime becomes an increasingly viable alternative especially when meaningful employment is scarce. It is therefore imperative for the government to partner private agencies to promote education and skilled training especially in low income communities so as to reduce poverty and deprivation and eliminate crime as a source of income.

 If these measures are taken and effectively and efficiently executed, I believe countries will move a step closer to creating a safe place for their people and a conducive environment for sustainable and just human development and economic wellbeing. Comment on your view of incarceration policy in your country or elsewhere.