Applying the May-Can-Should Model to the First Step Act
The United States criminal justice system has needed reform for years. Congress passed the First Step Act, which aimed to provide nonviolent drug offenders with opportunities to reduce their sentence, improve prison conditions, and provide rehabilitation programs for detainees. In this analysis paper, the May-Can-Should model will be applied to the First Step Act to ascertain its efficacy and practicability. According to Ismaili (2006), analysis of the policies is crucial for understanding the complexity of the tasks accomplished by every law and its premises.
May
Biblical Guidelines
According to Fischer (2013), policy and government should be built upon the idea that all men are sinful. Therefore, they should be given second chances. According to Matthew 18:22 (New International Version), when Peter asked how many times he should forgive his neighbor, Jesus replied, “I tell you, not seven times, but seventy-seven times.” Thus, the Bible supports the law, saying everyone deserves a fair second chance.
Constitutional Guidelines
The constitution does not provide comprehensive guidance concerning the reentry of inmates. Unlike in many other countries, criminal offenders do not have a right to rehabilitation in the US (Rotman, 1986). However, the Eighth Amendment gives Congress the authority to resolve prison conditions, which implies that the act is in accord with the Constitution.
Can
Political Feasibility
Political and social support for the First Step Act was pervasive, with the House and Senate displaying bipartisan support (Lopes et al., 2021). President Trump, who had previously expressed support for criminal justice reform, signed the Act into law. However, some politicians and interest groups were concerned that the Act did not go far enough to address the fundamental causes of widespread incarceration.
Financial Feasibility
Since the Congressional Budget Office did not provide a cost estimate, it isn’t easy to assess the Act’s financial viability and evaluate the spending. The resources required for implementation will determine the practicability of the Act (Monsma, 2008). Several crucial factors must be considered about the logistical resources necessary for implementing the First Step Act. Funding for programs and resources that aid in the rehabilitation and reintegration of prisoners, such as job training, education, and substance abuse treatment, is a primary requirement. The government found the initiative financially feasible because the act had already been enacted.
Practical Feasibility
New facilities or expansions of existing facilities may be required to accommodate rehabilitated offenders. Government agencies, including the Department of Justice, the Federal Bureau of Prisons, and state and local administrations, must collaborate to implement the First Step Act (Monsma, 2008). These agencies must collaborate to ensure the Act’s provisions are correctly implemented, and adequate resources are allocated to achieve the legislation’s objectives. This may include the creation of new programs and policies, as well as ongoing monitoring and evaluation of the Act’s effectiveness. While such an endeavor may be troublesome, it is feasible if the financial resources are amended.
Should
The programs provided by the First Step Act will necessitate additional funding and personnel, and the process of developing risk assessment instruments may be complex (Lopes et al., 2021). The First Step Act is a policy that should be supported in light of the biblical principles and constitutional authorities discussed. The Act promotes justice, dignity, and rehabilitation for offenders and is authorized by the Constitution to regulate interstate commerce and penal conditions. The Act allows states to enhance their criminal justice systems through grants and opting into its provisions.
Reference
First Step Act, Pub. L. No. 115-391, 132 Stat. 5194 (2018). Web.
Fischer, K. (2013). Scholars Crossing Scholars Crossing Biblical Principles of Government Biblical Principles of Government. Web.
Ismaili, K. (2006). Contextualizing the criminal justice policy-making process. Criminal Justice Policy Review, 17(3), 255-269.
Lopes, P. C., Pinto, I. R., Marques, J. M., & Bobowik, M. (2021). Releasing prisoners during COVID-19: the impact of the support for the early release, perceived insecurity and political orientation on attitudes towards released prisoners in Portugal. International Journal of Prisoner Health, 17(3), 282–295. Web.
Monsma, S. (2008). Healing for a Broken World. Crossway.
New International Version Bible (n.d.). Web.
Rotman, E. (1986). Do criminal offenders have a constitutional right to rehabilitation. J. Crim. L. & Criminology, 77, 1023.