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Op-Ed: NC Can Fix Its Broken Justice System. Here’s How
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North Carolina has many accolades: first in flight, capital of college basketball, and top in the nation for imprisonment rates. With 67,000 people currently behind bars, the state’s total jail population has increased 615 percent since 1970.
Our current system drives previously incarcerated people to resort to crime again, creating a cycle of incarceration that is both costly to taxpayers and detrimental to the livelihood of offenders. We did not, however, get here overnight. Low income and undereducated populations have been the primary victims of a broken criminal justice system.
This is not an irreparable issue. North Carolina should follow the lead of other states and implement a civil citation and diversion program throughout the state.
A “cite and divert” program allows police officers to issue a civil citation for petty, nonviolent offenses instead of jail and arrest. Currently, six counties—Durham, Wake, Orange, Cumberland, New Hanover, and Buncombe—implement a pre-arrest diversion option for youth. This option creates a compromise between verbal warning and criminal punishment.
Civil citations allow officers to use their expertise to determine a level of punishment that best protects public safety. Notwithstanding the arguments citing unprofessional use of officer discretion, this level of discretion is the safest option compared to arrests, which can escalate to physical altercations.
Instead of entering the criminal justice system, cited low-level offenders pay a fine, attend treatment programs, or perform community service. If the individual does not comply with their specified conditions, they are still subject to arrest and prosecution. However, if the individual successfully fulfills their obligations, they can avoid the collateral consequences of having a criminal record, including loss of future employment and housing and increased recidivism rates.
This reduction is crucial for combating barriers for offenders to return to their communities safely. Currently, 71 percent of people released from prison are rearrested within five years of release. In North Carolina, underprivileged groups, especially economically disadvantaged communities and people with little education, are disproportionately incarcerated. This disparity makes offenders even more prone to poverty and reentry into the criminal justice system. Unsurprisingly, studies show that individuals with civil citations are less likely to commit more crimes.
North Carolina can build on models used successfully by other states.
Adult civil citation programs are already used across Florida. In Broward County, a diversion ordinance was passed in response to “overburdened courts, arrests for minor offenses, racial disparities, and an expensive system for taxpayers to fund.” Civil citations are now used for offenses such as possession of marijuana, littering, loitering, disorderly conduct, and other low-level crimes. Additionally, during the COVID-19 pandemic, police stations began to successfully employ more alternatives to arrest policies in an effort to reduce jail populations.
Research from the International Association of Police Chiefs shows that the use of citations supports law enforcement by holding low-level offenders accountable, enhancing security in jails, and increasing public safety. Citations reduce the likelihood of harm to officers and suspects because injuries most often occur during custodial arrests. By reducing these when public safety does not demand them, law enforcement could also decrease officer-involved shootings.
Furthermore, the cost of jailing low-level offenders is over $35,000 a year, while the cost of issuing a citation is negligible. As a result, counties that use civil citations save millions in taxpayer funds. The positive effects aren’t just monetary; the use of civil citations reduces jail populations, which improves staff-to-inmate ratios and enhances security for violent offenders. This helps maintain jail efficiency, reduce inmate assaults, and enhance correctional officers’ safety.
Granted, the use of civil citations cannot and should not fully replace arrests. Civil citations for low-level crimes, however, have proven to offer monetary and practical benefits for both police and citizens.
We must call upon our elected officials to develop procedures to put such programs in place. Policy makers should work in partnership with police departments to develop a civil citation program that incorporates the specific needs and public safety of a community.
By implementing diversion programs like civil citations, North Carolina’s communities become safer and stronger through more efficient law enforcement.
Violet Wang is a rising junior at Duke University studying public policy and economics.
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