Does Punishment Deter Crime?

This paper discusses three critical issues in the criminal justice system. It touches on the general issues of punishment philosophies, sentence decision making, and prison overcrowding and focused more specifically on the negative effects of each. Highlighted in this informational paper is the interrelated nature of the issues; each issue affects and is affected by the others. Data and information has been gathered from the FBI Uniform Crime Report, the Bureau of Justice Statistics, Amnesty International, the NAACP Legal Defense

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.

We can date the United States criminal justice policies all the way back to the 17th Century. Although it is nothing compared to what we have today, there have been improvements along the way. One of the major reform needed in our corrections system are the war on drugs and overcrowded prison. The history of corrections in the U.S. has been seen through four major eras known as the Penitentiary, Reformatory, Reintegration, and Retributive Era. Each era has tried to explore the best way to deal with people who have broken the law. Based on the ideas of each era, we’ll explore which reform needs to be implemented.

In, “The Caging of America”, by Adam Gopnik explains the problems in the in the American criminal justice system focusing more on the prison system. Some of the struggles that Gopnik states in his article are mass incarceration, crime rate, and judges giving long inappropriate sentencings to those with minor crimes. He demonstrates that inmates are getting treated poorly than helping them learn from their actions. Using facts and statistics, Gopnik makes his audience realize that there is an urgent need of change in the American prison system. The main idea of Gopnik’s article is that the prison system needs to improve its sentencing laws because prisons are getting over crowed. Gopnik’s argument is valid because there is a problem in the sentencing laws that has caused a malfunction in the prison system as a whole.

The Justice system seeks to prevent crimes and to capture those who have committed crimes. But what are the causes of crime, maybe poverty, or greed, or is sometimes caused by the system. Is the risk worth the reward and is reward the worth risking the punishment? Power and influence is threaded deeply into the Criminal Justice System. Are all offenders caught and processed with the same demeanor and given the same punishment? The system needs to be impartial to all offenders regardless of the offender’s social position, job or yearly income. The general punishment for most crimes is incarceration in most states with a difference in duration to adjust per each crime. This is the deterrent against crime. This is what should be keeping

When we think about prisons, jails, and courthouses, our minds are meant to draw a connection to cold, hard, justice and fair punishments for guilty and deserving parties. Yet, in our judicial and prison systems around the world, this idea is nowhere close to reality. From inhumane punishments, to mass incarceration, and “trapping” people in the system based on race or financial status, justice is far from being served.

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.

“In 2007, one percent of American adults were in prison, which is by far the highest incarceration rate in the world.”( Trachtenberg, B., 2009). Why? Trachtenberg believes it’s because prisons do not rehabilitate people. A violent criminal is sent to prison because he is a threat to society. He is supposed to serve a lengthy term so that he will learn his lesson and become a productive member of society. During his time there he is supposed to learn to appreciate work by cooking, doing laundry, or some other prison job. While he is there he can receive his GED so that he can get a job when he gets out. This plan has good intentions but it has been proven to be ineffective.

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.

Prisons not only rehabilitate, but they also deter people from going to prison. The fear of going to prison is a great deterrence for a perspective criminal. Hard life styles along with loss of freedom tend to push the criminal away from the chance of being incarcerated. Numbers show that there are fewer rapes, and fewer murders, each year, all an obvious product of prison deterrence. After all, if a person has a friend who just got out of jail, and hears all of the war stories, that person would surely not want to go to prison and end up like his friend. By making life in prison hard, the prison is doing a great job in getting the word out. Prison is no joke! They are doing their job in deterring criminals from wanting to enter the gates of hell.

Almost every day, we hear about justice being served upon criminals and we, as a society, feel a sense of relief that another threat to the public has been sentenced to a term in prison, where they will no longer pose a risk to the world at large. However, there are very rare occasions where the integrity of the justice system gets skewed and people who should not have been convicted are made to serve heavy prison sentences. When word of this judicial misstep reaches the public, there is social outcry, and we begin to question the judicial system for committing such a serious faux pas.

In America, crime rates are going up and prisoners are being released from prison with a wrong sense of direction resulting in their finding themselves back behind bars within a short period of time after being released for an action that could have been prevented if the proper precautions had been taken. Prisons need to put forth the effort to resolve these issues and make America’s streets secure again. The criminal justice system in prisons is a rising concern in this country that is affecting many and it is time it was improved by reforming the inside of prisons, providing prisoners with more when released, and keeping them under surveillance after release to help ensure they will not return to prison, thus keeping crime at a lower rate.

American prison systems encompass all three spheres of criminal justice: law enforcement, judiciary, corrections. Within this system, a massive problem exists. America is known as the “mass incarceration nation” (Hamilton, 2014, p. 1271). Comparatively, the United States encompasses the majority of global prisoners, yet the population is nowhere near that proportion. Just how “free and equal” is this system? Since Gideon v. Wainwright, the racial divide in the criminal justice system has grown, which is contradictory to its intentions. The American criminal justice system has failed to provide the justice and protections it promises. There are many injustices caused by the mass incarceration of American citizens, especially those of minority descent. More harm is done by incarceration to the individual, their community, and the nation, than if other forms of justice were used. The criminal justice system is divided, with racial and income disparities defining the nation in way never intended.

Within this paper, you will find a comprehensive review of the United States prison system, and why it needs to analyzed to better support and reform the people of this country. I plan to persuade the other side (politicians and society) into seeing that the way the prison system is now, is not ethical nor economical and it must change. We have one of the world’s largest prison population, but also a very high rate of recidivism. Recidivism is when the prisoners continuously return to prison without being reformed. They return for the same things that they were doing before. So, this leads us to ask what exactly are we doing wrong? When this happens, we as a nation must continuously pay to house and feed these inmates. The purpose of a prison needs to be examined so we can decide if we really are reforming our inmates, or just continuing a vicious cycle. What is the true purpose of prison besides just holding them in a cell? There must be more we can do for these hopeless members of society.

“Americans have always had ambivalent feelings about crime and punishment” (71). Many say our American System of Justice is broken, for they believe the system is looking to just punish those who have done wrong and is not looking to rehabilitate them, especially for juveniles. Then there are some who say, the American System of Justice does not need to change for it already punishes criminals with due process, and rehabilitates them. The American System of Justice should change the way they punish criminals, because those who are incarcerated for nonviolent crimes are taking up space in our prison system, juveniles are being put in solitary confinement and coming out more damaged than they were, and lastly some offenders are serving to long for the crime they committed.