Can Islamic Law Principles Regarding Settlement of Criminal Disputes Solve the Problem of the U.S. Mass Incarceration?

Yacoub, Amin R. & Briggs, Becky

Journal: Pepperdine Dispute Resolution Law Journal

Volume: 22

First Page: 211

Year: 2022

Bluebook Citation: 22 PEPP. DISP. RESOL. L.J. 211 (2022)

Author: Becky Briggs: all 4 publications


Abstract

The mass incarceration crisis in the United States (US) remains a vexing issue to this day. Although the US incarcerated population has decreased by twenty-five percent amid the COVID-19 pandemic, the US remains a leading country in the number of incarcerated people per capita. Focusing on Islamic law principles governing settlement in criminal cases, the rehabilitative approach of the Icelandic criminal justice model, and the powerful role of prosecutors in serving justice, this research argues that integrating settlement and mediation into the prosecutorial proceedings will significantly reduce mass incarceration in the US.

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