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

Authors

Amin R. Yacoub
Becky Briggs

First Page

211

Last Page

262

Document Type

Article

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.

Recommended Citation

Amin R. Yacoub and Becky Briggs, Can Islamic Law Principles Regarding Settlement of Criminal Disputes Solve the Problem of the U.S. Mass Incarceration?, 22 Pepp. Disp. Resol. L.J. 211 (2022)
Available at: https://digitalcommons.pepperdine.edu/drlj/vol22/iss1/7