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.