Even though we face the difficulties of today and tomorrow, I still have a dream.
-Martin Luther King. Jr., I have a Dream
The 20th century was full of dreamers, but none more so than Martin Luther King Jr., in his “I have a dream” speech at the Lincoln Memorial in Washington. DC on August 28, 1963. Society was going through a transitional phase where even in light of the Emancipation Proclamation, the Constitution, and the Declaration of Independence, racial discrimination was still prevalent in the Jim Crow south and throughout the United States of America. King’s dream would help usher society into the 21th century, where all men, including people of color would be guaranteed the “unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”1 Nonetheless, more than sixty years have elapsed since King’s speech and the struggle is still ongoing. What has to change in order to achieve King’s vision? The answer has and always will be the same-people. They have to be open to change and willing to set aside their differences to pursue justice for all.
Likewise, the way criminal punishment is meted out has to change. Society views criminal punishment as a means to an end. For no other country uses incarceration more than the United States. According to the World Prison Brief, the US only accounts for roughly ‘`4.4 percent of the world’s population,” but makes up “21.4 percent of the world’s incarcerated population.” 2 The time has come and gone for handing out extensive prison sentences. The judicial system has created a perpetual cycle of injustices by neglecting to change outdated sentencing structures. Especially mandatary minimums which require that a minimum prison sentence be imposed if a defendant is found guilty of a certain offense. Not only are they rigid and outdated, but they fail to allow the sentencing Judge to exercise discretion in determining an appropriate punishment. Nancy Gertner, a former U.S. district Judge, states that during her 17-year judicial career. she “sent hundreds of defendants to jail-and about 80 percent of them received a sentence that was disproportionate, unfair, and discriminatory. 3 Society has an obligation to every incarcerated individual to come together and advocate for change. Nevertheless, as one who lives daily with criminal punishment – I have a dream. The dream is to bring about a reimagined criminal justice system which is devoted to restoring its citizens to be productive, law abiding members of society by initiating sentencing reform, prioritizing rehabilitation and education. and establishing a reentry network for carceral impacted individuals.
Sentencing Reform
The inauguration of the reimagined criminal justice system starts by instituting sentencing reform. The States with mandatory minimum and structured sentencing laws need to be rectified first. The Director of Common Justice and restorative justice advocate. Danielle Sered notes, “mandatory minimum laws are the flagship of a criminal justice orientation we have to outgrow, and no large-scale change will be possible if we remain constrained by laws that are increasingly understood to be archaic and draconian.”4 Sentencing reform would consist of reclassifying some felonies to misdemeanors and allow Judge’s more latitude during the sentencing phase. Also, certain sentencing enhancements not directly related to the offense need to be eradicated as part of the reimagined sentencing reform. For example. the District Attorney in my case used a totally unrelated misdemeanor Driving While Impaired (DWI) conviction to enhance my felony sentencing level from a level zero to a level one. Under structured sentencing guidelines, this resulted in me receiving a sentence that was fifteen years longer than I would have initially received, had it not been for the unrelated misdemeanor conviction enhancement.
Equally important is that all sentencing reform be applied retroactively. 5 This is to ensure that every incarcerated individual who is directly impacted by sentencing discrepancies will be granted some form of relief. Reform is “to make better or improve by removal of faults.” 6 Yet, for such sentencing reform to take place, it will require the State legislators. Judges, and prosecutors to come together and reimagine a new way forward. The prisons are full and most states cannot build prisons fast enough. Nor can the States afford to keep all the prisoners locked up; however, the criminal justice system keeps steadily increasing the prison population. Even in the face of opposition-I still dream-the reimagined sentencing reform will ultimately happen. Nevertheless, when it does, it will not only consist of sentencing reform but will mandate the use of rehabilitation and education.
Rehabilitation and Education
I dream of a new reimagined criminal justice system which prioritizes rehabilitative and educational programing for every carceral impacted individual. Rehabilitation means, “to restore to a former capacity, rank, or right.” 7 It involves restoring individuals to a free, socially healthy, law abiding state of life through education, training, and therapy. Currently, the criminal justice system is failing those who are incarcerated by not proposing more rehabilitative programs and educational courses. Why is this the case? Simply stated. the prisons are already overcrowded
and extremely understaffed. Therefore, in an effort to build more prisons to accommodate the growing population, the prison system has responded by eliminating the few remaining rehabilitation and educational programs to save money. Gerald G. Gaes of the college of Criminology and Criminal Justice at Florida State University asserts, “education for current and former prisoners is a cost-effective solution to reducing reoffending and improving public safety.” 8 The new reimagined criminal justice system needs to promote both education and rehabilitation. But, if the criminal justice system fails to educate or offer rehabilitative programs to address the issues which caused individuals to commit crimes in the first place, then it is like putting a bandage on a gaping wound.
My vision of what the criminal justice system is supposed to be, radically differs from my understanding of what I know it to actually be. There are some genuinely good people in prison for crimes they committed while under the influence of drugs or alcohol. I believe if they were to be released today, they would be law abiding members of society. However, their transformation came through educational and rehabilitative programs which were offered to them during their incarceration. The old saying rings true, “those who fail to plan, plan to fail.” So once I became incarcerated. I vowed to use my time constructively in order to give myself the best chance of re-entering society when the opportunity arises. I never thought I would be able to earn a Bachelor of Arts (BA) degree while incarcerated; yet, I did. In December of 2021, I graduated from the North Carolina Field Minster Program (NCFMP) with a BA degree in Pastoral Ministry from The College at Southeastern. Now as a graduate of the NCFMP, I am able to facilitate and teach “Thinking for a Change” and “Father’s Accountability” to my peers. I readily encourage them to take advantage of the few remaining rehabilitative and educational programs that are offered to them. Sadly, many of those who are going to be released soon fail to take advantage of the programs offered to them because they lack incentive. Nonetheless, if more emphasis were placed on such programs, both society and the carceral impacted individuals would greatly benefit. All the while, lowering the rate of recidivism and properly restoring men and women back into society as productive members. Therefore, by prioritizing education and rehabilitation, every carceral impacted individual will be equipped with the tools they need to succeed and flourish with the help and support of the community reentry network.
Establish a Reentry Network
Reentry will serve as a crucial component of the reimagined criminal justice system. One of the main goals for establishing a reentry network is to get the communities involved-now rather than later-both inside the prisons and in the communities. The members of the community need to start by volunteering at their local prison. This will help bridge the gap between the community and those who are eventually released to make the transition back into society smooth and to ensure the greatest amount of success. In order to reduce the rate of recidivism, community volunteers and organizations need to get more involved in the planning and placement of those getting out. The stigma society attaches to being a felon makes it hard enough to get a job upon release, let alone maintain one. Sure, not everyone who gets out of prison is fit, or rightly equipped to reenter society in their current state. Some however use their incarceration as preparation for reentering society by gaining the skills and trades needed to succeed upon their release. The reentry network will not only employ felons, but will help provide housing, and the basic necessities to those released.
Another goal of the reentry network is to establish connect-ability for those who are incarcerated by helping them connect with those on the outside. Incarceration hinders the reentry process by denying individuals the means to cultivate and maintain relationships with family and loved ones on the outside. Sered rightly acknowledges:
Prison systematically separates people from those who love them the most, who live lives that reflects the best of their shared values, who hold them the most accountable, and who would otherwise contribute most to their development, healing, responsibility, and rehabilitation. 9
This makes it hard on everyone involved-incarcerated or not. Fortunately, my family is able to support me financially and I am able to stay in constant contact with them. However, many individuals are not as fortunate. The phone calls are expensive and the mailing system is confusing to all parties involved. Prisons have employed so many restrictions on mail to stop contraband from entering facilities that it is near impossible to corresponded with anyone through the Postal Service. Basically, the connect-ability to the free world those on the outside-is drastically limited. Therefore, both those on the outside and inside suffer by being deterred from talking to their family, friends, and loved ones on a regular basis. The relationships with family and friends are important to the mental and physical wellbeing of anyone doing time. However, in failing to address the connect-ability and reentry issues now, society as a whole bears the burden when those who are released revert back to crime because of lack of family and community support.
The Dream
My dream is that the reimagined criminal justice system will one day be inaugurated where every carceral impacted individual will be properly sentenced, educated and rehabilitated. and released with the support of a local community reentry network. Even in light of the difficulties of today and tomorrow, I believe my dream will one day come to fruition. However, we must never stop advocating for prison reform. When shall I be satisfied? I can never be satisfied as long as injustices are still taking place within the criminal justice system. King once declared, that an “injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny.” 10 Similarly, we as a nation cannot neglect to remedy the sentencing inconsistencies or rehabilitate and educate those who are incarcerated.
Furthermore. in an effort to help pave the way for successful reentry, contribute your time and resources now. Remember, those who are incarcerated are mothers, fathers, sons, and daughters. They are people just like you, who through proper training and education can become law abiding. tax paying. contributing members of society. Now is the time to offer a helping hand by giving a voice to the voiceless. Now is the time to advocate for change. Now is the time to reimagine a criminal justice system which embraces change, restores, and is committed to developing ones’ character and conduct. Now is the time to make my dream a reality. Consequently, for my dream to become a reality, you must embrace it as your own. Once you do, then begin by pursuing justice for all, so that every carceral impacted individual can obtain life, liberty and the pursuit of happiness, during and after their incarceration.
1. Quoted from The Declaration of Independence of the Thirteen Colonies. (July 4, 1776).”
2. Walmsley, Ron. 2016. World Population List, 11th ed. (London: Birkbeck University of London, Institute for Criminal Policy Research) Pg. 5, 14.
3. Nancy Gertner. -Undoing the Damage of Mass Incarceration,” Boston Globe, November 15. 2015.
4. Sered. Danielle. 2019. “Until We Reckon: Violence. Mass Incarceration, and a Road to Repair.” (New York: The New Press) Pg. 159.
5. ”Retroactive: made effective as of a date prior to enactment” found in The Merriam Webster Dictionary. 2016. (Merriam-Webster Incorporated: Springfield. MA) Pg. 620.
6. The Merriam Webster Dictionary. 2016. (Merriam-Webster Incorporated: Springfield, MA) Pg. 606.
7. The Merriam Webster Dictionary. 2016. (Merriam-Webster Incorporated: Springfield, MA) Pg. 608.
8. Quote from “The Effect ol’Prison Education Programs on Recidivism” by John H. Esperian, found in the “Journal of Correctional Education’ (1974-). Vol. 61, No. 4 (December 2010). pp. 316- 334.
9. Sered. Danielle. 2019. “Until We Reckon: Violence. Mass Incarceration, and a Road to Repair.” (New York: The New Press) Pg. 71.
10. Martin Luther King Jr.. quote found in, “Circle Forward: Building A Restorative School Commvnin• by Carolyn Boyes-Watson and Kay Pranis. (Living Justice Press: St. Paul, MN), pg. 197.
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