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Florida Journal of International Law

Authors

Jonathan Link

Abstract

In the wake of the death of George Floyd and the national and international outcry for racial justice that followed, it seems inevitable that criminal justice reform in America is on the horizon. U.S. President Joe Biden has recognized that there “absolutely” is systemic racism in law enforcement.1 He went on to argue that the U.S. prison system should “turn into a rehabilitation system, not . . . just punishment.” In these interview statements and various other campaign speeches, Presidential debates, and Presidential press conferences since, the President has made clear that the way that the U.S. punishes crime needs revamping. As politicians of the highest office continue to advocate for diversion programs, alternative sentencing, and other policy revisions, it has become vital that an investigation be done into which policies have merit and which do not. To determine which policies best fit current American needs, politicians now must look outward to nations and regions that have faced similar policy shifts in the prison sector. The most palpable case study for the U.S. to learn from can be found in Europe, which will be examined throughout this Note. In understanding different policies and prison structures, it is crucial to first address the role that criminality plays within these systems.

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