Essay Ewing V. California/ Andrade V. California

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

The tension between rehabilitation and punishment has been increasing dramatically. This is because there have been sharp rises in the prison population and repeat offender rates. When one area is over emphasized in relation to the other, there is the possibility that imbalances will occur. Over the course of time, these issues can create challenges that will impact the criminal justice system and society at large. (Gadek, 2010) (Clear, 2011) (Gatotch, 2011)

Community corrections is continually changing and has been for the past one hundred years. From the early to mid-twentieth century onward it has used three major models, the medical model, community model, and the crime control model. The major turning point for the American community corrections system that led to corrections as we know it today was in 1974 when What Works? - Questions and Answers About Prison Reform by Martinson was published. The system changed practically overnight across the nation. The notion of rehabilitating offenders was dismissed and a more punitive “lock them up and throw away the key” mentality took over. Presently the corrections system is still working in the crime control model, but professionals are trying to restructure how we deal with criminal offenders during and after incarceration. The difficulty in the restructuring is finding the balance between punishing criminal offenders proportionate to their crime, but also rehabilitating them to be productive members of society once they are released so that they do not recidivate.

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.

During the past decade, there has been a newly found interest in prisoner reentry. This is due to a change in many of the factors surrounding the release of convicted felons and their reentry into to the community (Visher, C. A., & Travis, J. 2003). The number of people incarcerated in the United States prisons has quintupled and correctional facilities are working on getting them back into the community. Over half of the convicted felons that are released from prison return to correctional systems within one year of their release date. One of the most common reasons for their return into the prison systems is because many

his paper examines multiple factors that help determine reasons for why there is such a great amount of people relapsing back into criminal behavior once released, which only leads them into a federal or state prison. Recidivism can be perceived into different category’s based upon the why factor. Criminal acts that result in rearrests, and reconviction or return to prison with or without new a new sentence during a three-year period following the prisoner’s release is considered recidivism. There are many different reasons why a person goes back into prison once being released, whether by choice or force or even just nature of habit. Many studies have been conducted to find a pattern or reason on why recidivism is so common. Available

The problem with prison reentry has been going on for many years in the United States, as I discussed in assignments one and two. Recidivism issues can often be linked with reentry issues because when offenders are returning to society, they need to be prepared, which is something that our current criminal justice system is not trying to achieve. In order to create some defensible solutions for prison reentry and the recidivism issues linked to prison reentry, the criminal justice system has to realize that there is no one overall solution because every offender have different offenses, different stories, different outcomes, and different prison sentences. Because of this, each offender's return to society will be different, and the reentry

One of the causes of prison overcrowding comes about because of the expansion rate of arrest and more noteworthy utilization of detainment. The criminal justice system is detaining more individuals to prison for a more drawn out period than the prison limit permits. The prison populace relies on upon the quantity of admissions and the quantity of release in a watched period. As indicated by admission and release information, drifts in the length of sentencing can be watched. Therefore, the reason behind the expansion in prison populace can be distinguished by breaking down each of the three patterns, the quantity of admissions, the quantity of releases, and the length of prison sentences (Novak, 2009). A large proportion of the prison populace is comprised of past convicts with new wrongdoing after they are discharged just to end up detained again. The offenders also may have committed a new crime that was recently established by the penal code while serving on parole. The expansion of criminal offenses to the penal code implies that offenders can

of crimes. The purpose of this paper is to discuss and outline the differences among jails

The defendant Gary Ewing was a multiple offender of several crimes from grand theft auto to drug possession..  On December 9, 1993, Ewing was arrested on the premises of a  apartment complex for trespassing and lying to a police officer. After his conviction of first-degree robbery and three counts of residential burglary,Ewing  was sentenced to nine years and eight months in prison.  On parole from a nine year sentence he entered into El Segundo golf course store empty handed but left with a pants leg full of merchandise. After the police was notified by the the store employee Ewing was arrested before even leaving the premises. When arrested three golf clubs each priced at $399 was confiscated from him so he  was convicted of one count of felony grand theft of personal property in excess of $400. The trial court found as a newly convicted felon with two or more “serious” or “violent” felony convictions in his past, Ewing  was sentenced to 25 years to life. In examining Ewing 's claim that his sentence is grossly disproportionate, the gravity of the offense must be compared to the harshness of the penalty.. The California Supreme Court has noted that crime 's seriousness in the context of

with minorities as the majority population of recidivist. According to the Bureau of Justice Statistics criminals with longer prison sentences were associated with an increased chance of recidivating. 46.9% of inmates released from prison were re-convicted of a felony or serious misdemeanor within three years of release. This study was an implemented sample study of fifteen states in 1994. In a more recent study the BJS conducted it found that a 67.8% of prisoners were re-arrested within three years of their release. The increase of percentage is because of a broader study and an increase of total prisoners. Despite the nature of the crime the bulk of these criminals, which are being housed together are returning to prison at an accelerated rate. The more punitive the sentencing, the higher a likelihood of recidivism. Blacks and Hispanics are more frequently sentenced in an overly punitive manner. Not only are the black and Hispanic prisoners affected by the sentencing and their reentry to prison but their families and their communities as a whole are affected.

“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

Criminologist and politicians have debated the effectiveness of correctional rehabilitation programs since the 1970’s when criminal justice scholars and policy makers throughout the United States embraced Robert Martinson’s credo of “nothing works” (Shrum, 2004). Recidivism, the rate at which released offenders return to jail or prison, has become the most accepted outcome measure in corrections. The public's desire to reduce the economic and social costs associated with crime and incarceration has resulted in an emphasis on recidivism as an outcome measure of program effectiveness. While correctional facilities continue to grow, corrections make up an increasing amount of state and federal budgets. The recidivism rate in

Convicting, sentencing, and imprisoning are just the first few steps of reducing crime. All the effort, time, and money that go into keeping criminals locked up and off the streets are really for nothing in the end if he or she commits the same crime again after release. James Haley, who is the book editor of “Prisons” points out, “Every year, close to six hundred thousand inmates are released from state and federal prisons around the country. According to the Bureau of Justice Statistics, two-thirds of former convicts commit new crimes and one-half are re-incarcerated within three years of being released from prison” (138). Are US prisons truly effective when so many prisoners are committing new crimes upon release? It is for the better interests of American safety that some prisoners are locked up for life, but this should not include the constant return of re-offenders. The life of most convicts involves committing a crime and being sentenced to jail only to repeat the same process again. Many re-offenders see incarceration as a ticket to a place to sleep and food to eat.

Austin, J., Irwin, J. (2001). “It's About Time: America's Imprisonment Binge.” Belmont, CA: Wadsworth Publishing Co