Charitable Choice and Prison Ministries: Constitutional and Institutional Challenges to Rehabilitating the American Penal System

Abstract

The influence of faith-based prison ministries in the American criminal justice system is examined in the context of the Bush Administration’s efforts to subsidize the social service activities of religious organizations. Studies on the efficacy of prison ministries in rehabilitation are inconclusive; however, some evidence suggests that these programs may be effective in reducing rates of recidivism and improving prison behavior and inmates’ adjustment to life after incarceration. Preliminary reports have prompted politicians, social scientists, and religious leaders to recommend subsidization of prison ministries. Yet government funding in advance of more detailed analysis of effectiveness jeopardizes the voluntary spirit that invigorates such efforts and that may be a key to their success. Public funding also risks the entanglement of state and religious institutions, incentivizes faith groups to jettison doctrines or practices that impede the procurement of funds, and breaks down barriers established by the First Amendment to keep government out of American religious life.

Faith-based efforts to improve prisoner reentry: Assessing the logic and evidence

“…Anything less than this type of systematic approach is likely to leave current debates about faith-based programs at a standstill, with proponents accepting "on faith" that faith-based programs are effective and opponents rejecting, on similar grounds, that assessment. Of course for some critics, effectiveness is irrelevant-in their view there is a constitutional requirement that church and state be separated, especially where taxpayer dollars are concerned (McDaniel et al, 2005). As with many policy debates involving constitutional or philosophical differences of opinion, research cannot be the ultimate arbiter, but it can help place such debates on a firmer foundation.…”

Treatment Philosophy and Service Delivery in a Network of Faith-Based Substance Abuse Treatment

“…By meeting state standards and reporting requirements, Teen Challenge would be forced to adopt the biological model of treatment favored by the state and the larger scientific community (Mellor, 1996). The controversy was settled with the passage of the 1997 Texas legislation establishing an alternative certification system exempting faith-based programs from regular licensing regulations (McDaniel, Davis, & Neff, 2005).…”

Backgrounds and motivations of faith-based halfway-house volunteers.

“…This finding also supports a previous rmding by Koenig (1995) that states that the more an inmate attends a Bible study, the less-likely they are to be classified to a medium-security facility or as a high-risk inmate within a particular facility. Although such results seem to be promising, McDaniel et al (2005) found in a review of literature on the benefits of faithbased programming that recidivism rates only seemed to drop when inmates were on the middle-to-high side of the attendance rates, thus making explicit benefits less clear to identify.…”

“…This controversy is due to the billions of dollars that certain faith-based groups can receive for their work when the benefits of said work are not entirely clear and/or certain (McDaniel, Davis, & Neff, 2005). Although many uncertainties remain about the benefits that these faith-based programs can provide, there is strong support for the further implementation of these programs.…”

“…Although many uncertainties remain about the benefits that these faith-based programs can provide, there is strong support for the further implementation of these programs. Even though there is sizeable support for large scale implementation throughout the U.S., many believe it will be a difficult task due to anti-discrimination laws for employment practices and strong sentiment regarding the separating of church-and-state, regardless of successes reported by these initiatives and inmates that have participated in them (Daly, 2009;McDaniel et al, 2005). This strong likelihood of even more faith-based prison ministries being created and receiving federal money further stresses the need for the study of the backgrounds and motivations of individuals that volunteer for these programs.…”