James Whitman Harsh Justice Summary

Punishment and Inequality in America starts off by informing the reader of how much of a mass imprisonment problem we have here in America. The first chapter is riddled with statistics of who is being imprisoned, for what reasons are they being jailed, and inequality we see within our prison systems. Such statistics include that black men are six to eight times more likely to be in prison than whites, and that close to one-third of black high school dropouts were incarcerated in the year 2000. Although the statistics are eye-opening, it by no means explains to us why these numbers are the way they are. What Western does try and explain through these numbers is a what he refers to as the risk

“How did we get here? How is it that our civilization, which rejects hanging and flogging and disembowelling, came to believe that caging vast numbers of people for decades is an acceptably humane sanction?”, asks Adam Gopnik, a writer for The New Yorker in “The Caging of America”. So how did we get here? What has it done to our society? Gopnik elaborates on these questions and many more as he explicates the history of prisons, the convolution of their systems, and the detrimental consequences that prisoners are left to face. Although Gopnik undeniably articulates, “we need to take more care,” he lacks a concrete solution to the epidemic that is mass-incarceration. But in order for us to unearth this solution, we must first retrace the history of mass incarceration and reevaluate the egregious effects it has on our society.

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

How is it that prison reformers of the eighteenth and nineteenth centuries put such a big amount of effort into changing the way people were being punished. Without touching on the importance of racial disparities occurring during that specific time-period. Davis states “If the individual was not perceived as possessing inalienable rights and liberties, then the alienation of those rights and liberties by removal from society to a space tyrannically governed by the state would not have made sense.” (Davis 2003: 44). African Americans can be viewed as one of the greatest racially discriminated groups of people since the beginning of slavery. Many viewed slaves as unintelligent individuals that were nothing more than a piece of meat whose main purpose was to endure hard labor for no pay. This “airtight system of social control” (Burris & Burris 2011) is the foundation of oppression that has allowed our society to devalue the rights

The death sentence in America has brought financial tolls unto American society and the government. According to Source B, “the death penalty is clearly more expensive than a system handling similar cases with lesser punishment.” Using death as a punishment for wrongful crimes has put America in a tight financial condition the death penalty itself costs more than a combination of smaller punishments. This shows that although incarceration and various types of

Many Americans falsely believe the criminal justice processes are too relaxed. This is illustrated through the conduction of a Gallup poll in which Americans were asked if the United States’ criminal justice system is currently "too tough, not tough enough, or about right" in handling crime. The majority, sixty five percent of people, said the criminal justice

Society has long since operated on a system of reward and punishment. That is, when good deeds are done or a person behaves in a desired way they SP are rewarded, or conversely punished when behaviour does not meet the societal norms. Those who defy these norms and commit crime are often punished by organized governmental justice systems through the use of penitentiaries, where prisoners carry out their sentences. The main goals of sentencing include deterrence, safety of the public, retribution, rehabilitation, punishment and respect for the law (Government of Canada, 2013). However, the type of justice system in place within a state or country greatly influences the aims and mandates of prisons and in turn targets

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 basis of criminal justice in the United States is one founded on both the rights of the individual and the democratic order of the people. Evinced through the myriad forms whereby liberty and equity marry into the mores of society to form the ethos of a people. However, these two systems of justice are rife with conflicts too. With the challenges of determining prevailing worth in public order and individual rights coming down to the best service of justice for society. Bearing a perpetual eye to their manifestations by the truth of how "the trade-off between freedom and security, so often proposed so seductively, very often leads to the loss of both" (Hitchens, 2003, para. 5).

Tonry focuses principally on the beginning of the institution’s transformation, and he also includes key American elements that compelled its creation: elections, culture, and race.

In today’s society crimes in the United State are growing each day, and the major aspect of the U.S criminal justice system is the punishment imposed on those who committed crimes in our communities. One method of sentencing criminals was the establishment of the mandatory minimum sentencing. During the early days of the republic, specific sentences were carried out for certain crime and early mandatory sentences the forms of punishment used at the time stretched from ducking stools/cucking stools for disorderly women and dishonest tradesmen in England, Soctland to hanging for convicted murderers. However, in recent years, evidence gathered have shown that the federal mandatory minimum sentencing were not in effect for reaching the goals of the criminal justice system. Chief Justice William Rehnquist has previously stated that “these statutes are “perhaps a good example of the law of unintended consequences. This essay will discuss the history, goals, benefits, and negatives of the American Judicial Systems Mandatory Sentencing.

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.

Within the past decades, there has been a noticeable increase in the number of heinous crimes committed, causing some of the laws to significantly change. During the 1970s, some dramatic changes occurred when laws shifted from one extreme to another: rehabilitation to retribution. Such circumstances created an additional emphasis on the offense rather than on the offender. During the 1980s, the “get-tough-on-crime” era began; thus, radical changes in laws continued up until the late 1990s. Throughout the period of the Industrial Society, the United States had two bipolar types of punishment: harsh and lenient. Today, the main focus of the Criminal Justice System is about retribution and punishment.

American prison system incarceration was not officially used as the main form of punishment in United States (U.S.) until around the 1800’s. Before that time criminals were mainly punished by public shaming, which involved punishments such as being whipped, or branded (HL, 2015). In fact, President Lincoln codified the prison incarceration system in the Emancipation Proclamation that indicated no slavery would take place in America unless a person was duly convicted of a crime (paraphrased) (White, 2015). In this era prisons were used more as a place where criminals could be detained until their trial date if afforded such an opportunity. However, one of the main problems with this idea was the fact that the prisons were badly maintained, which resulted in many people contracting fatal diseases. Yet, according to White (2015) unethical and immoral medical experiments were also conducted on inmates’ leading to health failures. Moreover, because everyone was detained in the same prisons, adolescent offenders would have to share the same living space with adult felons, which became another serious problem in that adolescent were less mature and could not protect themselves in such environments

With the exception of probation, imprisonment has been the main form of punishment for serious offenders in the United States for over 200 years. Americans can be said to have invented modern incarceration as a means of criminal punishment. Although Europe provided precedents, theoretical justifications, and even architectural plans for imprisoning offenders, Americans developed the blueprints for the typical prisons of today and devised the disciplinary routines, types of sentences, and programs that prison systems of other countries subsequently adopted or modified (Rafter & Stanley 1999).