Source: (2013) Campbell Law Review. 35:287-332.

The heavy punitive focus of the current criminal justice system has failed to reduce criminality. It has also adversely impacted the crime victims. This is because the general framework of prolonged incarceration does very little to heal the victim or the affected community. The offenders are rarely rehabilitated. More significantly, the procedural instrumentality fails to hold them accountable for their actions. Viewing through a normative prism, locking up a human like a caged animal should be seen as an assault to the inherent human dignity on multiple dimensions -the process neither provides any meaningful opportunity for reconstruction and rehabilitation of the offender, nor does it restore and reconstruct the psychological wounds of the victim. Such deprivation of human values within society calls for a reexamination of the American criminal justice system. This Article is about such reexamination by reimagining the contributing factors underlying the criminal justice system. (excerpt)