Alternative to Incarceration Essay

Ever since the first prison opened in the United States in 1790, incarceration has been the center of the nations criminal justice system. Over this 200 year period many creative alternatives to incarceration have been tried, and many at a much lower cost than imprisonment. It wasn’t until the late 1980’s when our criminal justice systems across the country began experiencing a problem with overcrowding of facilities. This problem forced lawmakers to develop new options for sentencing criminal offenders.

The three levels are curfew, home detention, and home incarceration. Curfew requires the offenders to stay home every day during specified times. In home detention the participants must remain at home “at all times except for pre-approved and scheduled absences, such as for work, school, treatment, church, attorney appointments, court appearances, and other court-ordered obligations (Uscourts, Home Confinement, pg 1)”. Home incarceration is similar to home detention but is more strict because you stay home 24 hours a day and you can only leave for “medical appointments, court appearances, and other activities that the court *specifically* approves (Uscourts, Home Confinement, pg1)”. Home confinements is considered better because it is cheaper and the court can tell you to pay all or part of the costs which takes a huge load off of the court’s shoulders and defendants as well as offenders can still support their family and pay taxes in order to prevent the loss of their home and other things.

The United States prison population has grown seven-fold over the past forty years, and many Americans today tend to believe that the high levels of incarceration in our country stem from factors such as racism, socioeconomic differences, and drugs. While these factors have contributed to the incarceration rate present in our country today, I argue that the most important reason our country has such a high incarceration rate is the policy changes that have occurred since the 1970s. During this time, the United States has enacted policy changes that have produced an astounding rise in the use of imprisonment for social control. These policy changes were enacted in order to achieve greater consistency, certainty, and severity and include sentencing laws such as determinate sentencing, truth-in-sentencing, mandatory minimum sentencing, and three strikes laws (National Research Council 2014). Furthermore, I argue that mandatory sentencing has had the most significant effect on the incarceration rate.

Clyde is your average American; he is a hardworking family man who tries to do everything in his power to make his family live happily. Due to the recent economic plunge he has lost his job and his wife is not making enough to feed their family. Feeling worthless and desperate to help his suffering family, Clyde decided to rob his neighbor. It was an unarmed theft of under $250; unfortunately Clyde was caught and sentenced to serve 1 year in the County Prison. Clyde never wanted to do it and was very uncomfortable doing it, but he thought it would help his family and allow them to go one more month with food on the table. Even though there are alternative forms of rehabilitation that would have kept him out of prison and been

Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means

Over the past few decades, the United States has witnessed a huge surge in the number of individuals in jail and in prison. Evidence suggests the mass imprisonment policy from the last 40 years was a horrible catastrophe. Putting more people in prison not only ruined lives, it disrupted families, prevented ex-prisoners to find housing, to get an education, or even a good job. Regrettably, the United States has a higher percent of its population incarcerated than any other country. America is responsible for a quarter of the world’s inmates, and its incarceration rate is increasing exponentially. The expense produced by these overcrowded prisons cost the country a substantial amount of money every year. Although people are incarcerated for a number of reasons, the country’s prisons are focused on punishment rather than reform, and the result is a misguided system that fails to rehabilitate criminals or discourage crime. By researching mass incarceration, I hope to get society to understand that incarcerating an individual not only effects the family, but we will look at the long term consequences on society and how the United States can remain safe and, at the same time, undo much of the damage that results from large-scale imprisonment.

Mass incarceration has been an issue in the United States since the start of the War on Drugs, because of the political agenda attached to the “tough on crime” regimen thousands of people have suffered as a consequence. The solution to this is one that can only be possibly solved by approaching through several angles. The ten steps presented by Michael Tonry, are an innovative and have merit to some extent. However, mass incarceration results from more than unjust sentencing laws, which is his main focus. If ever we are to resolve the issue, society and the criminal justice system must come together to completely reevaluate what we consider to be “tough on crime” and redefine the purpose of prisons, strictly punishment or rehabilitation. The focus has to shift from harsh sentencing, stigma, racial discrimination to a basic form of rehabilitation and reduction of the prison system in general. The criminal justice system has to do what they are actually meant to do and focus on rehabilitation measures, and when possible completely stop interaction with the prison system all together.

Today, more than 2 million Americans are incarcerated in either a state facility, federal correctional facility or a local installation (Batey,2002). Due to longer sentences, incorporating harsh sentencing guidelines, and mandatory minimum punishments (NeSmith,2015). With each inmate costing taxpayers an average of $30,000 annually. The Violent Crime Control and Law Enforcement Act of 1994 were increased sentences for a broad range of offenses, as well as establishing federal penalties for most murders and a large number of other crimes already subject to state law (Batey,2002). In addition to reducing the discretion of state judicial systems; as well as 85 percent of sentence satisfaction and establishing a mandatory life sentence for those convicted of three serious violent crimes or drug offenses (NeSmith,2015). .

In the past four decades, there has been a staggering increase in the United States prison population at the local and state level. Currently there are 2.2 million people in the nation’s prisons and jails that has added up to a 500% increase over 40 years (The sentencing project). The cause of this prison growth is a variety of laws and punitive sentencing policies that were initiated starting in the early 1970’s. Policies such as harsh drug penalties for non-violent crimes, Mandatory Minimum Maximum sentences and the Three Strikes law have all contributed to America’s current problem of mass incarceration.

Mass incarceration is a problem around the world, but nowhere else is it more plague than the United States of America, which has one-fourth of its population locked up behind bars. The cause for this problem in the U.S. can be blamed on many things, the "war on drug", private prison facility, tough laws, and mandatory sentencing. However, there are programs that are in place to help reduce the number of individuals in prison, like the "Texas experiment (Justice reinvestment)", and other rehabilitation programs. But those efforts alone cant fix the problem. To decrease the mass incarceration in the U.S. a new approach must be taken, such as; eliminate prison time for low-level crimes, "the three-strike law”, expand parole and probation, and reform private prison.

The current crime and incarceration trends have declined since early 1990s, which in part is due to the current reforms that takes place within the criminal justice system, such as early release dates for drug charges and non-violent crimes (Mauer, 2011). The incarceration rates in the United States are “three to four times that of other industrialized nations,” and the punishment scale is viewed as “out of proportion to that of other industrialized nation” (Mauer, 2011).

In “How to Lock up Fewer People,” Marc Mauer and David Cole argue that the prison system in the US needs to be improved. America’s incarceration rate is far too high, and it must be reduced. To make their argument, they use many facts and shocking statistics. The authors state the problem at hand, recognize the obstacles, and push for reform.

It is common knowledge that the American prison system has grown exponentially in the last few decades. The prison population within the last forty years has risen by two million inmates. Multiple factors such as overcrowding and cost cutting have also decreased the quality of life within prisons by an order of magnitude. With this rising statistic, it becomes increasingly urgent to understand the effect of incarceration on our prisoners and whether the reformation process is actually doing more harm than good.

“The history of correctional thought and practice has been marked by enthusiasm for new approaches, disillusionment with these approaches, and then substitution of yet other tactics”(Clear 59). During the mid 1900s, many changes came about for the system of corrections in America. Once a new idea goes sour, a new one replaces it. Prisons shifted their focus from the punishment of offenders to the rehabilitation of offenders, then to the reentry into society, and back to incarceration. As times and the needs of the criminal justice system changed, new prison models were organized in hopes of lowering the crime rates in America. The three major models of prisons that were developed were the medical, model, the community model, and the crime

Using alternative solutions does not mean that the United States has become lax when it comes to crime. The real reason for using alternatives is because “prisons are not in a position to effect great change” (Peak, 2010, p. 318). The overcrowding and high cost demands of prisons are also some of the reasons for using alternatives to incarceration.