Intermediate Sanctions : The Criminal Justice System

For many years, drugs have been the center of crime and the criminal justice system in the United States. Due to this widespread epidemic, President Richard Nixon declared the “War on Drugs” in 1971 with a campaign that promoted the prohibition of illicit substances and implemented policies to discourage the overall production, distribution, and consumption. The War on Drugs and the U.S. drug policy has experienced the most significant and complex challenges between criminal law and the values of today’s society. With implemented drug polices becoming much harsher over the years in order to reduce the overall misuse and abuse of drugs and a expanded federal budget, it has sparked a nation wide debate whether or not they have created more harm than good. When looking at the negative consequences of these policies not only has billions of dollars gone to waste, but the United States has also seen public health issues, mass incarceration, and violent drug related crime within the black market in which feeds our global demands and economy. With this failed approach for drug prohibition, there continues to be an increase in the overall production of illicit substances, high rate of violence, and an unfavorable impact to our nation.

The United States has the world's highest incarceration rate. With five percent of the world's population, our country houses nearly twenty-five percent of the world's reported prisoners. Currently there are approximately two million people in American prisons or jails. Since 1984 the prison population for drug offenders has risen from ten percent to now over thirty percent of the total prison population. Federal prisons were estimated to hold 179,204 sentenced inmates in 2007; 95,446 for drug offenses. State prisons held a total of 1,296,700 inmates in 2005; 253,300 for drug offenses. Sixty percent of the drug offenders in prisons are nonviolent and were purely in prison because of drug offenses (Drug War Facts). The question then arises,

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.

President Nixon first declared the “war on drugs” on June of 1971. This came after heavy drug use during the 1960s. New York in particular, had a rise in heroin use. After Nixon’s declaration, states began decriminalizing the possession and distribution of marijuana and other drugs. Many small drug offences led to a mandatory fifteen years to life. This Drug War has led to an increase of incarceration rates since. One of the earliest laws that followed Nixon’s announcement were the Rockefeller Drug Laws that to not only failed to deter crime but also lead to other problems in the criminal justice system. With the Rockefeller Drug Laws came heavy racial disparity of those incarcerated for drug related crimes. Although the Obama Administration has begun reforms, the new President Elect Trump’s views may bring all the efforts back down.

There has been debate over whether non-violent drug offenders belong in prison. Some believe all drug offenders should be put in prison, others believe that it depends on circumstances, and, still others believe only violent drug offenders should be incarcerated. Overcrowding is one point of contention. It seems as though the slightest infraction can land a person in prison. Violence is rampant, whether inmate versus inmate or inmate versus guard. Rehabilitation or education is practically non-existent, unless an inmate teaching another inmate how to commit the ‘perfect’ crime is counted. Evidence shows being in prison does little to rehabilitate an inmate. Clearly, the system does not work.

When my audience hears “War on Drugs” they may assume it is a worthy endeavor because drug abuse is such a pervasive problem that affects many families. I must dispel the assumption that the “War on Drugs” dealt with the drug abuse problem or reduced drug sales. I can do this by demonstrating that there is plenty of evidence showing that the “War on Drugs” did not do what it set out to do and is therefore not an effective approach to the problem of drug trade and abuse. Additionally the imprisoning of citizens, even if it is done unjustly, does not reduce crime at comparable rates. Research from Harvard found that during the “War on Drugs” in state prisons there was a 66% increase in prison population but crime was only reduced by 2-5% and it cost the taxpayers 53 billion dollars (Coates, 2015). The fact the violent crime went up all through Nixon’s administration while he rallied for “Law & Order” and policing became more severe furthers this argument (Alexander, 2012). Four out five drug arrests are low-level possession charges as well, demonstrating that police policies aren’t dismantling the drug system just punishing addicts (Alexander, 2012). What’s more, drug abuse in America have remained stagnate and even increased in some instances even when billions of dollars have been pumped into the program (National

The War on Drugs is seen by many as an enormous factor of mass incarceration. There were more than 1.5 million drug arrests in the U.S. in 2014. More than 80% of them were for possession only (Drug Policy Alliance, 2017). 208,000 people are incarcerated for drug offenses in state prisons and 97,000 are incarcerated in federal prisons for the same reason. 1 in 5 incarcerated people are drug offenders (Peter Wagner, Bernadette Rabuy, 2017). According to Politifact, “The state and federal prison population remained fairly stable through the early 1970s, until the war on drugs began. Since then, it has increased sharply every year, particularly when Reagan expanded the policy effort in the 1980s, until about 2010…. In 1980, about 41,000 people were incarcerated for drug crimes, according to the Sentencing Project. In 2014, that number was about 488,400 — a 1,000 percent increase.” Even other factors, like

The War on Drugs is one cause for the mass incarceration that has become apparent within the United States. This refers to a drastic amount of people being imprisoned for mainly non-violent crime (“Mass Incarceration” 2016). In addition to people who are not an immediate threat to society being locked up for a substantial duration of time, the economic consequences are costing states and taxpayers millions of dollars. Specifically, every one in five people incarcerated is in prison due to some

The United States incarcerates more people, per capita, than any other nation in the entire world. State and local prisons and jails account for about 80% of incarcerations. Although crime rates have decreased since the 1990s, incarceration rates have soared. According to a recent Prison Policy Initiative publication, approximately 2.3 million people are currently “locked up” in the United States. Of these 2.3 million people, 1 in 5 are locked up for a drug related offense. Statistics show that prisoners and felons imprisoned for drug related crimes are disproportionately Black and Hispanic. The mass incarceration issue in the United States derives from the many arrests associated with these “offenses” regarding drugs and the war on drugs.

Incarceration rates in the United States have exploded due to the convictions for drug offenses. Today there are half a million in prison or jail due to a drug offense, while in 1980 there were only 41,100. They have tripled since 1980. The war on drugs has contributed the most to the systematic mass incarceration of people of color, most of them African-Americans. The drug war is aimed to catch the big-time dealers, but the majority of the people arrested are not charged with serious offenses, and most of the people who are in prison today for drug arrests, have no history of violence or selling activity. The war on drugs is also aimed to catch dangerous drugs, however nearly 80 percent of

According to “The Apocalypse Now : The Lost War on Drugs”, the United States federal government began to become tough on “crime” especially drug offenses in the 1970’s under President Richard Nixon. Nixon stated that “drugs were public enemy #1” and that he was going to be tough on this crime. As a result, state level government began to create policies that were strict on drug offenses causing minimal sentencing for minor drug offenses. Instead of going after the root of the problem which was preventing drugs from entering the country, these laws targeting low income communities with predominantly black and Latino residents. In addition, these merciless laws were the cause of the significant amount of people, specifically men of color, in prison during the 1980’s “war on drugs” in the United States.

Intermediate sanctions are a form of punishment used in the criminal justice system, these criminal sentences fall between probation and incarceration. There are a lot of intermediate sanctions out there, but there is one I think that makes more since to me more than any of the others. The one that make more since to me is house arrest and electronic monitoring. First, the offender sees his or hers probation officer three to five times a week and the probation officer can come to their workplace or house. I feel like house arrest and electronic monitoring can keep track of the offenders the best. Also, I feel like it helps the offender get back on the right track. The probation officer can keep track of their daily activities and make sure

Drug abuse is shown to be connected to all different kinds of crime in the United States, and in many circumstances, crime is inspired by drug abuse and addiction. In fact, 80% of criminal offenders abuse drugs or alcohol (National Association of Drug Court Professionals). Also, 60% of those who are arrested test positive for illicit drugs when they are arrested, and 60-80% commit another crime, typically drug-related, after leaving prison (National Association of Drug Court Professionals). And, even after these individuals put in the time in prison that would allow them to go through the uncomfortable process of detoxing, 95% of them will chose to go back to drug abuse after prison (National Association of Drug Court Professionals). Given these overwhelming statistics, it is clear that drug abuse, and repeated or continued drug abuse, are a serious problem facing the criminal justice system.

In the United States of America, federal and state government have implemented new guidance in an attempt to reduce crime, correctional overcrowding, and achieve a greater fairness for adults criminal sentencing. Intermediate sanctions in corrections are forced by the criminal justice system. It is used as an alternate punishments, however, the offender are less likely to serve in prison or jail due to the overcrowding as well as the different crimes committed. For example, Lindsay Lohan was charged for driving under the influence in 2007, she was given remedial counseling and an electronic bracelet to monitor her activities, however, the child celebrity chose to violate her probation with an alcohol level of 0.03 percent, which led her serving a 90 days jail sentence (Duke, 2010).

Intermediate sanctions according to Cole, Smith and De Jong (2014) are a variety of punishments that are more restrictive than traditional probation but less severe and less costly than incarceration. In other words, intermediate sanctions are alternative punishments in addition to the offender’s sentences falling between incarceration and probation. The restriction on a person’s freedom ranges from intermediate sanctions in such ways as compensation to victims, boot camps, fines, home confinement, community service, the penalty of stolen belongings and property, and rigorous probation supervisions (Cole et al., 2014). The criminal justice system validates intermediate sanctions in ways, causing the offender to reflect on the crime, their characteristics, and the community needs.