Biblical and Constitutional Frameworks for Criminal Justice Policy

Introduction

Public policy can always be framed through a Biblical lens in order to provide sound guidance and structure to the decision-making process. The Bible offers instructional and legal support that can help steer criminal justice policy in a more favorable direction, producing desired outcomes such as public safety and the rehabilitation of former offenders. Criminal justice leaders are constrained by public policy, which impacts department policies, procedures, and protocols. The may-can-should approach to policy analysis and implementation shows how a Biblical perspective is aligned with a Constitutional perspective to inspire change. What we may do is grounded in Biblical and Constitutional law, which then offers suggestions for policymakers about what can and should be done.

Problem Statement

Criminal justice organizations contend with a range of problems and concerns, from police brutality to prison overcrowding. Addressing these issues is challenging enough at the level of a local precinct. Attempting to resolve critical concerns in criminal justice at the state or national level requires the processes of policy analysis. As Ismaili (2006) points out, "understanding the policy-making environment in all of its complexity becomes more central to criminology" (p. 255). Policy analysis is a process that begins with evaluating existing policies, programs, and procedures. A thorough analysis yields information about what is working and what is not, based on measurable outcomes such as quantitative reports or qualitative analyses like surveys and case studies.

After the initial review of existing policies, the analyst presents a set of the most pressing issues that can or should be addressed. This procedure involves the "accumulation of knowledge" from multiple sources (Ismaili, 2006, p. 255). Narrowing those issues down to the ones of greatest or most immediate concern for public safety — or issues that are politically expedient — the analyst proceeds to investigate the guiding principles for change. Those principles begin with an assessment of scripture: what does the Bible suggest in cases like these, and what kind of future criminal justice policy would be grounded in Biblical principles? Next, policy analysts refer to the Constitution for guidance. As a divinely inspired document, the Constitution reflects Biblical principles, which is why the may-can-should approach to policy analysis and implementation works especially well. When criminal justice policy does not go through the systematic may-can-should process, policies risk being ineffective and causing major problems. Therefore, the may-can-should analysis should be applied in a broad fashion to assess the role that policy analysis plays in criminal justice organizations.

To make the discussion more concrete, a particular criminal justice policy issue is also addressed here. One of the most pressing issues in criminal justice is how to reduce recidivism, which in turn depends on improving offender re-entry programs. Biblical and Constitutional principles help inform an offender re-entry program that reduces recidivism and promotes the principles of salvation and redemption.

Biblical Guidelines and Principles

The Bible provides extensive guidance for criminal justice policy and illustrates how policy analysis plays a role in criminal justice organizations. The authority of the law is a Biblical principle outlined extensively in the Old Testament and borne out even more clearly in the New Testament. The Bible is clear that the only valid criminal justice organization is one guided by spiritual principles: "Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God" (Romans 13:1). When an individual breaks the law, the consequences are administered by an authority presided over by Biblical law. In other words, the law is not arbitrary, because the Bible prevents injustice.

The Bible is also abundantly clear on how to address the specific criminal justice policy of offender rehabilitation and prisoner re-entry. One of the fundamental principles of Christ's ministry is that of salvation. The redemptive power of Christ becomes possible through prayer, but also requires that the released prisoner repent and seek forgiveness earnestly: "Therefore confess your sins to each other and pray for each other so that you may be healed. The prayer of a righteous person is powerful and effective" (James 5:16). Through Christ's forgiveness, one can be redeemed and made whole again, re-entering the community as if a new person. The Old Testament also offers wisdom showing that the community must take responsibility for praying for incarcerated individuals and helping them rehabilitate through the power of faith: "Continue to remember those in prison as if you were together with them in prison, and those who are mistreated as if you yourselves were suffering" (Hebrews 13:3).

The Bible thus demonstrates how public policy analysis plays the role of ensuring that all government institutions — including the criminal justice system — are divinely ordained. It also shows how Biblically grounded policy analysis can be applied to reforming specific policies related to prisoner rehabilitation and offender re-entry. Perhaps no Biblical passage is more instructive for prisoner re-entry policy analysis than Luke 4:18: "He has sent me to proclaim freedom for the prisoners and recovery of sight for the blind, to set the oppressed free." Public policy analysis may therefore be based on Biblical passages related to the authority of the law as well as the prevailing principle of redemption.