Abstract
This paper describes the features of restorative justice practices in the 1970s in the United States. It will consider the peculiarities of the new approaches regarding the relationships between the victim and the defendant. In addition, the research paper will deal with the causes and nuances of the increased level of crimes in that period in the country.
The importance of the topic stemmed from the need to improve the United States judicial system and consider various approaches that are aimed at combating different problems. Considering practical examples from the history of jurisprudence is a crucial tool for exploring multiple shortcomings and indicating necessary improvements. Moreover, this research paper will discuss particular laws and acts such as the Rockefeller Drug Laws of 1973 and 3 Strikes and You Are Out.
Introduction
Various historical events affect the social and economic aspects of a country’s life. Such situations require jurisprudence to adopt specific and consistent approaches to adopting laws that will help meet emerging challenges. One example of such laws is the new policies designed to address the rising crime rate in the US in the 1970s.
This research paper will consider approaches in jurisprudence, such as restorative justice practices and various mandatory laws. The growth of crime is a by-product of many factors in one chain and requires an assessment of all social aspects and the situation in society.
Factors That Contributed to the Crime Increase
Socioeconomic Situation
Considering the crime increase in the 1970s in the US, it is vital to consider the entire socioeconomic situation in the country. As mentioned in the thesis statement of this paper, all factors are closely interrelated. However, it is essential to understand what is a priority for people regarding their lives in the context of the socioeconomic situation.
A significant factor affecting a person’s entire life is their ability to financially support themselves and their family. Given the substantial increase in unemployment caused by economic instability in the 1970s, it can be concluded that the main factor in the rise in crime was the increase in anxiety and fear (Northey, 2020).
In addition, people began to look for possible ways of earning, including illegal ones, and they had much free time, which they could not manage. Family quarrels began due to financial problems, and divorce and physical abuse increased (Northey, 2020). All of the abovementioned factors are part of a single process demonstrating social and economic instability and significantly contributed to the rise in crime in the US in the 1970s.
Factors’ Mutual Influence: Case Scenario
A 15-year-old boy’s parents divorced, and his mother was given custody of him and his younger sister. Because the mother worked in the afternoons, the boy was unsupervised once the school day ended. He stopped using that time to do homework, and as a result, his grades suffered. He began to spend his free time with a group of boys who were also doing poorly in school; several had been in trouble with the law before.
One afternoon, one of his friends dared him to break into a home and steal something. After some hesitation, he agreed. They found a house where no one was home, and he entered through a window and stole a video game. After playing with it for a couple of days at one of the boys’ houses, they sold it for $30.
Four people lived in the home that the boy broke into: a mother and her three boys, ages 7, 12, and 21. The video game belonged to the oldest son, and he was, of course, angry that it was gone. But the whole family was affected. All of them were anxious now when they left their home each day. The 7-year-old had nightmares. The mother had to take time off work to be at home when the repair worker came to fix the window. She had difficulty paying the man when he was done because of her tight budget.
The police questioned neighbors who were very concerned that there had been a burglary on their street because most of them work during the day, and they felt vulnerable. One neighbor said that she had noticed some boys hanging around on the street the afternoon of the burglary. She thought she recognized one of them, and this is how the police caught the offender
This illustrative example demonstrates the interrelationship between the various social factors of society in the context of rising crime rates. Problems in the relationship between parents in the family have negatively affected the child and their school performance, and started the process of child involvement in the commission of crimes (Chapter_01).
Therefore, when considering the crime increase in the 1970s in the United States, it is crucial to take into account all the features of the state of society at the time, the economic and political components of the country. The quarrel between the parents of one family affected not only the well-being of their child but the lives of dozens of other people.
Policy Changes
Rockefeller Drug Laws of 1973
A study of the impact of various social and economic factors on crime in the United States in the 1970s could be done by identifying which parties and sectors of society had been targeted by newly created laws. Particularly, it will be essential to consider the Rockefeller Drug Laws of 1973. The factors described in the preceding paragraphs have led to a new way of earning, the drug business. The Rockefeller Drug Laws of 1973 established specific laws and penalties for such activities (Miller, 2018).
Specifically, according to Kelly (2019), the minimum punishment for selling 2 ounces or possessing 4 ounces of different drug types was “fifteen years to life and a maximum of twenty-five years to life in prison” (p. 164). It is important to highlight that the Rockefeller Drug Laws of 1973 were the harshest punishment for drug law violations (Kelly, 2019). Therefore, it is necessary to state that, according to changes in policies, sentences were significantly increased.
Three-Strikes Law
Another example of the United States government’s attempt to counter the rise in crime, in a legal context, is the three-strikes law. It is a variation of mandatory sentencing, which generally assumes the punishment as a life sentence for the person convicted of three violent felonies (Miller, 2018).
Given the features of both the Rockefeller Drug Laws of 1973 and 3 Strikes and You Are Out laws, one should stress that the average length of prison sentences in the 1970s in the US more than tripled (Miller, 2018). As a result, it is essential to say that to address the increase in crime, the policies changed significantly and provided various strict measures and punishments for criminals.
Juvenile Courts
In addition, one of the steps the United States government took to address the increase in crime was to create Juvenile Courts. The primary purpose of this approach was to adapt the court to the young criminals to reduce the level of pressure on them, as would be the case if they were tried sending them through adult proceedings (Chapter_01). The creation of these additional judicial institutions confirms the negative impact of the general social situation on adolescents and the increase in juvenile delinquency.
Policy’s Impact on Restorative Justice
Practices and Their Aim
Restorative justice is vital in the context of attempts to improve and change the approach to the court. It is an alternative to the justice system with specific peculiarities. For example, it assumes restitution rather than punishment and involves all parties in the process (Chapter_02).
The main idea is to consider the victim’s needs and make peace between the parties (Kelly, 2019). In the book “Restoring Justice: An Introduction to Restorative Justice,” the authors Ness and Strong (2014) describe the purpose of these practices as a “search for reparative, reconciling, and reassuring solutions” (Ness & Strong, 2014, p. 59).
The family and child example described earlier in this research paper illustrates restorative justice, as it was not just a reconciliation of the victim and defendant sides but also a further friendship between them (Chapter_01). Therefore, it is essential to emphasize that restorative justice practices provide the most humane and mitigating conflict resolution system aimed at reaching a mutual agreement between the parties.
The Impact of New Policies
For this reason, the policy changes described in the paper are the opposite of restorative justice, as they provide for even harsher and more frequent penalties for crimes. Due to their implementation, the use of restorative justice practices decreased significantly (Ness & Strong, 2014). This happened because these practices were assumed to be unable to combat the increased level of crimes.
Conclusion
In conclusion, it is important to emphasize that the methods of restorative justice practices were the opposite of those introduced by the Rockefeller Drug Laws of 1973 and 3 Strikes and You Are Out. However, by considering the example of the family and child in this research paper, the specific advantages of this method of conflict resolution have been identified. It is worth noting that the increased crime rate in the United States in the 1970s has catalyzed various debates about the effectiveness of different approaches in jurisprudence.
References
Chapter_01. [PowerPoint Presentation].
Chapter_02. [PowerPoint Presentation].
Kelly, W. R. (2019). The future of crime and punishment: Smart policies for reducing crime and saving money. Rowman & Littlefield Publishers.
Miller, M. C. (2018). Judicial politics in the United States. Taylor & Francis.
Ness, D. W., & Strong, K. H. (2014). Restoring Justice: An Introduction to Restorative Justice [5th Ed.]. Taylor & Francis.
Northey, W. (2020). Justice that transforms. Resource Publications.