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HomeOff the CuffHow the Current Justice System Fails Us All

How the Current Justice System Fails Us All

By Simrah Wajahat

Most people believe criminals don’t have human rights because they took away the rights of their victims. Why should they be given anything? After all, “the punishment should fit the crime” right? Every year, millions of people are put into jail, subjected to torment, abuse and dehumanising punishment. Outsiders see this as what offenders deserve, but what do offenders truly need? What might the future hold for those who will be set free? With a lack of mental stability and a criminal record, most of them end up living on the streets or relying on emergency rooms for shelter. Many are even rearrested. Is imprisonment the most effective course of action, or is it just more convenient? What is best for reeducation, rehabilitation and reintegration of these criminals? And for the law abiding public, what is safer and more productive?

When incarcerated, according to the National Public Radio, criminals are “trapped in a vicious cycle of their own thinking” which isn’t a side effect suffered only by criminals, but is also common in patients suffering from depression. These people are confined within the walls of their mind, full of irrational beliefs and the only way to resolve their behaviour is to change the way they think. So confining them further by forcing them to a prison cell for most hours of the day with no entertainment except their monotonous thoughts is not going to make their mental situation any better.

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Surely, the key is to break these mental cycles through the 2 stages of Cognitive Behavioural Therapy: identification of negative thoughts and skills training. To benefit society, ex- offenders must be taught to challenge their criminal tendencies and avoid negative thoughts  so as to stop them from recommitting the offence. Thoughts such as “I’m going to take what I want” should be taught to change into “I’m going to try and earn what I want”. This isn’t just a hypothesis; it’s proven. Cognitive treatment programs conducted professionally have “reduced recidivism by 25 to 35 percent”. Not only does this provide more gainful opportunities to ex-inmates, but it also moulds a more secure community for the public. Unlike current efforts, the goal of the justice system should be to ensure a safe society for us to live in, not to provide torture to inmates through congested cells that are paid wastefully for by us.

Let’s look at the proof. How much can 6 days really change a person? Based off the Stanford Prison Experiment, it can lead one into showing signs of depression and anxiety: two major mental disorders — that too caused in a matter of days. The study consisted of 2 groups of 12 male college students placed in a simulated prison in the basement of Stanford University; one group posed as prisoners whilst the other group took up the role of prison guards. Within 6 days of the originally planned 2-week experiment, prisoner ‘891’ experienced a mental breakdown, refused to eat and had extreme feelings of self doubt, truly displaying how mentally scarring the prison environment is.

It is proven that emotional traits relating to feelings towards people and themselves deteriorate after experiencing the jail atmosphere for certain periods. They lose the sense of time, feeling and are stripped of human rights. With such intense punishment, inmates are given more reasons to commit crime. With resentment in their minds, criminals can be led to desire revenge, which can lead to repeated or increased crime, potentially causing harm to members of the society or being thrown back into prison, increasing government costs and further disturbing their mental state.

So what can be done? If an ex-offender is provided with therapy, a place where they can talk about how they feel and be helped into escaping negative thoughts, they can start a new life. Cognitive Behavioural Therapy is the most common and arguably the most effective form of rehabilitation that is offered to a variety of mentally challenged patients. Through CBT, the ex-convicted can detect their irrational assumptions, challenge them and learn how to solve problems, how to deal with social situations, and how to control their anger, which are the core reasons to why they committed crime in the first place.

If the originating factors of their negative mindset can be tackled, they can effectively reintegrate into society and be given an opportunity to earn money or start a family. CBT also teaches criminals to think positively, breaking their previous monotonous cycles of negative views towards themselves, the world and their future. Justice systems involving CBT have been proven to be the most effective in reducing recidivism, as seen in Norway’s Bastoy prison. This alternative prison system rewards Norway with an impressive 20% recidivism rate, contrary to the USA’s 80% and UK’s 60%.

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As explained by Louise Tonner, a University of Stirling graduate with a Psychology and Sociology degree and teacher for 6 years, traditional prisons are underfunded and overcrowded, leading to criminals’ mental states worsening. They are at high risk of learning how to become better criminals by forming relationships with other cell members and potentially gaining an escalated likelihood of substance abuse, which is very prevalent within prison walls. Bastoy prison is a minimum security prison located on the island of Bastoy, Norway. It involves inmates living in comfortable cabins with picturesque views accompanied by a $90 allowance every month. Moreover, they have the opportunity to earn more through jobs such as maintenance of the island’s facilities as well as exposure to libraries, churches, schools or activities such as fishing, horse riding or tennis. As we are accustomed to jail conditions seen around us currently, this unusual idea of a ‘prison’ may shock you. But it works. Bastoy’s well trained, and few, social workers hand in hand with the offered rehabilitative programs, accomplishes the aims a prison should have: keeping the outside community safe whilst providing inmates with high quality education and training for successful reintegration into society.

If criminals start receiving CBT during their actual sentence, it can make their transition into the general community smoother. The benefits aren’t limited just to them; more reformed criminals lead to efficient tax use, larger workplaces, bettered safety and happier communities. If there are fewer relapses, there will be fewer people going back to jail, thus reducing the amount of maintenance it requires. According to the National Alliance on Mental Illness, a large portion of our taxes go into this cause and it causes “huge burdens on state and local budgets”; if that is minimised, then government taxes can be put into better use, such as protecting the environment, financing schools and creating more hospitals. These investments are what will actually improve and progress our society, leading to healthier, happier and a better educated next generation.

Through a more efficient justice system, fewer relapses will take place so more people will require jobs where they can apply these newly learnt skills acquired during CBT sessions. Giving companies a larger pool of candidates to choose from, this will result in improved activity that’s favourable to not only ex-offenders, but businesses themselves. The end goal of a safe, gratified and efficient society is achievable. More families will be reunited, there will be more families and less fear of lack of safety in our hearts.

The main question remains; do criminals even deserve therapy? The answer is yes! Yes for them to fulfill their maximum potential. Yes for more effective use of our taxes. Yes for a safer and happier community.

(The writer is a 16-year old student)

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