Incarcerating non-violent and non-serious offenders contributes to overcrowding in prisons.
Overcrowding leads to insufficient resources and limited rehabilitation programmes, undermining the effectiveness of the criminal justice system.
It also increases the opportunity to network with different types of offenders, and through frequent socialisation and interaction, new criminal behaviour is learned in prisons.
Rather than focus on punishment, society should prioritise rehabilitation. Imprisonment does not address the underlying social issues that may have contributed to criminal behaviour.
Root causes such as substance abuse, mental health problems and a lack of education and employment must be addressed.
Alternative approaches, such as community-based programmes, counselling and probation, are more effective in reintegrating offenders into society as productive citizens.
Incarceration is an expensive solution for non-violent and non-serious offenders. It costs a significant amount of taxpayers' money to house, feed and provide healthcare to them.
Investing in more cost-effective crime-prevention programmes and strategies such as social services, counselling, employment and educational opportunities is a more prudent way of addressing criminality.
Imprisonment can have long-lasting negative effects on individuals and their families.
A permanent criminal record can hinder employment, social integration, and access to basic housing and education.
For first-time non-violent and non-serious offenders, a period of incarceration may disproportionately impact their chances of leading a law-abiding life later.
Non-violent and non-serious offences sometimes receive severe sentences. Individuals from marginalised communities are generally disadvantaged.
Most of the financially disadvantaged or marginalised tend to plead guilty and prefer not to use the services of court-appointed public defenders.
Another reason they plead guilty is that they have been in remand for a lengthy period as they cannot afford bail.
Thus they are unable to fully exercise their right to defend themselves.
Imprisoning non-violent and non-serious offenders diverts resources and attention away from more serious crimes that pose significant threat to public safety. The criminal justice system must adopt alternative approaches to low-risk offenders.
Law enforcement agencies and the criminal justice system must focus on preventing and combating serious and dangerous criminal activities.
It is critical to adopt a balanced approach that reserves incarceration for individuals who pose a significant threat to public safety and security.
We must explore methods that address the causes of non-violent and non-serious offences, and promote rehabilitation.
More importantly, policymakers must push for the establishment of a probation department in the criminal justice system.
The department must be guided by probation models that will serve both the wellbeing of first-time non-violent and non-serious offenders, and society.
We must, as Masyarakat Madani, be more humane and provide the opportunity to
rehabilitate first-time non-violent and non-serious offenders. Being punitive is always the last resort.
We must give a chance to these offenders to lead life as law-abiding citizens. If we don't give them that, they will lose hope and family ties will be broken.
* The writer is a Criminologist at the Centre for Policy Research, Universiti Sains Malaysia