Mass incarceration in the United States is reaching epidemic proportions. According to a Harvard Gazette article, a quarter of the world’s prisoners are held in American prisons, even though this nation contains just 5 percent of the world’s population. “The statistics are sobering for a republic that celebrates justice, fairness, and equality as the granite pillars of its democracy,” writes a Harvard staff writer.
Numerous solutions to this problem have been proposed, including sending first-time drug and felony offenders to rehab programs rather than straight behind bars.
In Houston, Texas, for instance, officials were granted money to find a solution to Harris County’s overcrowded jails and overtaxed criminal justice system. As a result of the study, the District Attorney implemented several changes, including a yearlong diversionary program for first-time felony offenders.
While such changes seem positive at first glance, the argument can also be made that these diversionary programs circumvent the adversarial justice system that America’s founding fathers originally intended.
“At the heart of our criminal justice system in the United States is the adversarial process,” writes Neal Davis, a Houston criminal defense attorney. “Our Founding Fathers were very skeptical of handing over unbridled power to prosecutors or even judges. The truth, they believed, best emerges by having two sides—prosecution and defense—fight against each other.”
Davis goes on to say, “Diversion programs sidestep the adversarial process and offer defendants what looks like an easy way out: ‘Just admit you’re guilty and follow terms and conditions similar to probation. Then everything will be okay.’ … or so the District Attorney would have you believe.”
Unfortunately, it’s not that simple in many cases. Missing a single meeting while in one of these programs can land a person in jail, and many people are unable to balance these strict rules with everyday responsibilities such as jobs and family.
Bypassing the adversarial justice system may not be the answer to America’s overcrowded jails. However, it’s clear that something must be done.
Interestingly, this problem isn’t restricted to the United States. Check out this Pew Research chart to learn more.