Social Justice
Torrie P.
Sfsu spring 2013
The California justice system has for years been implementing a retributive incarceration system. With the current system the way it is, to many people are being incarcerated for crimes in which a lesser penalty should occur. California’s system of retributive justice is not working. When looking at the status of the justice system and the many people incarcerated it becomes apparent retributive justice does not always detour or change behavior. In cases such as possession of small amounts of marijuana a system of restorative justice approach would be more suitable than incarceration. Restorative justice works as a way to problems solve rather than isolate or incarcerate low-level nonviolent offenders (http://www.cscsb.org). There are states that have legalized marijuana which in turn decriminalizes its possession and usage. This might be attributed to the fact that incarceration for such a crime is an unnecessary expense placed on the state. According to the Legislative Analyst Office the current cost to house a prisoner is 19,663 a year, whereas restorative justice allows for a cheaper and more efficient way of resolving the crime. However, because California State laws have many loop holes persons are still being arrested for minor offences while being charged and incarcerated for another.
California state law states,”no arrest or imprisonment is allowed for possession of less than one ounce of marijuana. According to the Health and Safety departments’ penal code 11018, Marijuana has been defined as,
“all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative,
Sfsu spring 2013
The California justice system has for years been implementing a retributive incarceration system. With the current system the way it is, to many people are being incarcerated for crimes in which a lesser penalty should occur. California’s system of retributive justice is not working. When looking at the status of the justice system and the many people incarcerated it becomes apparent retributive justice does not always detour or change behavior. In cases such as possession of small amounts of marijuana a system of restorative justice approach would be more suitable than incarceration. Restorative justice works as a way to problems solve rather than isolate or incarcerate low-level nonviolent offenders (http://www.cscsb.org). There are states that have legalized marijuana which in turn decriminalizes its possession and usage. This might be attributed to the fact that incarceration for such a crime is an unnecessary expense placed on the state. According to the Legislative Analyst Office the current cost to house a prisoner is 19,663 a year, whereas restorative justice allows for a cheaper and more efficient way of resolving the crime. However, because California State laws have many loop holes persons are still being arrested for minor offences while being charged and incarcerated for another.
California state law states,”no arrest or imprisonment is allowed for possession of less than one ounce of marijuana. According to the Health and Safety departments’ penal code 11018, Marijuana has been defined as,
“all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative,