Classical Perspective And Mandatory Sentencing Act

Ever since the first prison opened in the United States in 1790, incarceration has been the center of the nation's 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. Unlike jail or prisons, which create an expensive cycle of violence and crime, these alternatives actually prevent violence and strengthen communities.

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 United States spends nearly $81 billion per year on corrections, but where is this money coming from, where is it going, and is it actually reducing crime rates? Crime rates in the United States have fallen since 1991 and murder rates have also fallen by half in last 25 years, however the prison population has increased by 500% in the last 40 years. Increase in the number of incarcerated citizens also lead to an increase in new prisons around the country and also the crippling of the american justice system. As the author of Wages of Rebellion describes, the prison-industrial-system as the most

The United States’ prison population is currently number one in the world. As a nation that proclaims freedom for citizens, the United States houses more than one million more persons than Russian and almost one million more persons than China. Currently, the United States makes up five percent of the world’s population and imprisons twenty-five percent of the world’s inmate population. Drug offenders who committed no act of violence make up a large portion of the inmates in the United States. County, State, and Federal prisons are so over populated that the private sector has opened up corporate facilities to house convicted persons. The cost each year to hold a person rises, placing larger financial demands on the judicial system. The Judicial System of the United States should reevaluate the sentencing guidelines for non-violent drug offenders to alleviate the high number of people in the prison system.

With regard to solutions, considerable attention has been paid to the federal prison system. Between 1980 and 2013, the federal prison population increased by 790% from 24,640 to 219,298. Since peaking, the number of federal prisoners has lowered to 190,452 today. The decline is the result of criminal justice reform efforts in the past few years, such as former U.S. Attorney General Eric Holder’s modification of the Department of Justice’s charging policies in 2010 and the U.S. Sentencing Commission’s passage of Amendment 782 (“drugs minus two”) in 2014. In spite of their moderate success, such responses have failed to

I will obtain different peer reviewed sources to examine and interpret both facts and opinions provided by the authors. I will also use some web articles and books to gather more information on mandatory minimum sentencing and its effects on society. With this in mind, I will

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.

Minorities in these urban areas have a hard time finding employment that could support their family efficiently. Most end up dropping out of school and join or are forced to join gangs. They are more likely to turn to crime as a means of survival which increases their chances of building a criminal history. This type of criminal activity also ties back into the Three Strikes Law (Nicosia, MacDonald, & Arkes. 2013) which states that the offender will be incarcerated on their third offense, no matter how minor the charge. The lack of rehabilitative resources in the criminal justice system leads to repeat offenders also. Although it should not be the responsibility of those in society who are doing the right thing to pay for services for those who are incarcerated, we are doing ourselves an injustice if we don’t. If we are not providing rehabilitative classes, vocational/job training, or some type of counseling while prisoners are incarcerated, we are defeating the purpose of locking them up. Criminal justice referrals account for almost 37% of drug treatment admissions (Nicosia, MacDonald, & Arkes. 2013. p. 78). If we don’t address the issues that got them incarcerated in the first place, they will turn back to the only life they know that provided fast money. I

Punishments are no longer as cruel, the death penalty has been lifted in multiple states, and prisoners are being treated in a more equal manner, but the system should continue to be improved even more to accomplish what needs to be done in order to make the streets safer. Crime has changed from what it once was in the past. Rates have gone up and people appear to be behaving in a more difficult manner. The government cannot afford to continue treating prisoners the way they once did in the past. Reform is not just for the prisoners. Reform is for the people in the communities of America. But there appears to be a few setbacks when it comes to reform, and one of those setbacks is cost. Though according to Gary C. Mohr, “Criminal justice systems can be people-oriented, evidence-based and cost-effective while remaining focused on the safety and well-being of those living in the different communities.” Therefore, cost should not be an excuse as to why the system cannot be reformed, especially when it comes to public safety. In fact, there should be no excuses when it comes to public safety. Prisons should do what must be

In the 1970s and 1980s, a massive amount of inmates began fillin up the United States prison systems. This huge rate of growth in this short amount of time, has greatly contributed to the prison overcrowding that the United States faces today. In fact, the prisons are still filled to the seams. This enormous flood of inmates has made it practically impossible for prison officials to keep up with their facilities and supervise their inmates. One of the main reasons why many prisons have become overcrowded is because of states’ harsh criminal laws and parole practices (Cohen). “One in every 100 American adults is behind bars, the highest incarceration rate in the world” (Cohen). The amount of inmates in corrections systems, throughout the

Congress has steadily expanded the size and scope of the federal criminal code since the 1980’s. During this time, the federal prison population has explored and caused serious strains on federal finances and resources. Since the 1980’s, the federal government added approximately 2,000 new crimes to the criminal code. The federal imprisonment rate has grown by 500 percent and annual spending on the federal prison system increased almost 600 percent. During the 1980’s, the federal prison system cost around $970 million to operate, but today costs billions of dollars. Similarly, most states recorded drastic imprisonment and associated cost increases over the past 30 years. However, most states have reduced their prison rates through

Mandatory sentencing has been a big driver in the large population of incarcerated individuals in the United States. District attorneys are more aggressive in how they file charges against the arrestee. While the country has seen a decline in crime, new

In order to start and continue to accomplish the German and Norweigan approach to incarceration the U.S. must create new sentencing models in order to stop mass incarceration. The U.S. centers its system on incapacitation, removing the possibility for the individual to commit further crimes, and punitive sanctions to punish individuals. By 2012, the prison population grew by 705 percent, meaning just a little under 1.4 million inmates. This increase in inmates can be analyzed in the harsh sentences for nonviolent crimes, such as drug possession. Mandatory minimums are responsible for the increase, which is why in order for these methods to be effective, they must be gotten rid of and a new method for punishing certain crimes should be established.

Of the nearly nine million people incarcerated worldwide, the United States houses over two million inmates in its federal, state, and local facilities. While the goal of the judicial system is to enforce the law and protect the people, it comes at a price to taxpaying citizens at approximately thirty-nine billion dollars annually. The purpose of this research is to clearly define the required expenditures of the prison system, identify anomalies in court sentencing at the federal, state and local levels, and pinpoint cost-savings to reduce the financial burden to tax-paying citizens.

One of my biggest concerns with this type of approach is the fact that we can possibly start to prioritize what crime to go after, leaving other forms of deviance unaddressed, furthermore not every person weighs what they do on a scale of "pleasure and pain", so in this vein, it might not accurately deter crime in a modern society such as the one we currently live in. It puts the responsibility on the man, on his or her free will to make decisions and will be viewed equally under the law, thus the problem with this is the fact that not everyone is equal under the law, not everyone has the capacity to reason, and being this a fact, people may commit crimes to irrational decisions and the classical theory offers no answer to this. Furthermore, such as people with mental illnesses or children so they cannot be tried in the same manner. I do not believe you can reconcile the classical school and any redeeming factors, while Beccaria's studies laid the groundwork for Criminology as we know it today, it on its own is too simplistic for a complex society.