What Is The Impact Of Mass Incarceration And The Paradox Of Probation Theory

Bruce Western’s, Punishment and Inequality in America, discusses the era of the “Prison Boom” that occurs from 1970-2003—when incarceration rates climbed almost five times higher than they had been in the twentieth century—while stating the effects and consequences that mass imprisonment created within the United States penal system. By discussing the disparities of incarceration between sex, age, race and education level, and how post-incarceration affects opportunities such as marriage and high-waged employment. Western provides an analysis of how the risk of incarceration accumulates over an individual’s lifespan.

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.

There is no question that mass incarceration is a worldwide epidemic that needs to be discussed and addressed. America has five percent of the world’s population, but 25 percent of the world’s prison population (Just Leadership USA, 2017) Various policies dated back centuries helped to create this problem of mass incarceration (Just Leadership USA, 2017). Today there are 2.3 million Americans incarcerated throughout the state, local, and federal jails (Just Leadership USA, 2017). New York City (NYC) houses approximately 10,000 inmates per year; 43.7% of these inmates are diagnosed with having a mental health disability (New York City Department of Corrections, 2017). 54% of the inmates on Rikers Island are arrested for a minor offense and should be able to fight their cases from home; however, in many instances the family members are of low socio-economic status and unable to post bail (New York City Department of Corrections, 2017). Minor offenses include loitering, jumping the turnstiles, unnecessary Parole / Probation violations, and trespassing. In many instances, it is the mentally ill and homeless individuals who are arrested for trespassing as they elect to sleep in the subways instead of taking residency in a shelter. Moreover, many of these offenses does not have to result in an arrest. Police officers have the autonym to let some of these individuals go with a warning, desk ticket, and/or summons.

Corrections have existed throughout society for many years and continued to change and evolve in the United States reflecting society’s values and ideals throughout the centuries. In the criminal justice system, corrections exist in more than one form. Not only do corrections refer to jails and prison systems but they also pertain to community-based programs, such as probation, parole, halfway houses, and treatment facilities. Past, present, and future trends in regard to the development and operation of institutional and community-based corrections vary between states but corrections have grown immensely since the early 1800s and have continued to expand

Mass incarceration became a public policy issue in the United States in the early 2010s. Now in 2016, there is still much debate over the country’s incarcerated population and incarceration rate. The nation has the highest incarcerated population in the world, with 2,217,947 inmates, in front of China with 1,649,804. America incarcerates 693 inmates per 100,000 residents, only the African island nation Seychelles incarcerates at a higher rate, with 799 for every 100,000 residents. The problem of mass incarceration continues to be assessed in various contexts. Recent analyses are historian Elizabeth Hinton’s From the War on Poverty to the War on Crime, legal scholar Michelle Alexander’s The New Jim Crow, and criminologist Dr. Elizabeth Brown’s “Toward Refining the Criminology of Mass Incarceration: Group-Based Trajectories of U.S. States, 1977—2010.”

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.

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.

At any given time, there are approximately 2 million American citizens incarcerated and nearly 700,000 inmates returning to their communities each year. (Petitt & Western, 2004; Western, 2001). Since most prisoners are eventually released, mass incarceration has in turn produced a steep rise in the number of individuals reentering society and undergoing the process of social and economic reintegration. (Travis, 2005). During the period between 1982 and 2007, the number of Americans incarcerated in jails and prisons increased by 274% (Pew Center on the States, 2009). In addition to the increase of the individuals incarcerated, there is an even larger amount of individuals under community supervision, with a recent study finding that one in every 48 American adults are either on probation or parole on any given day (Glaze & Bonczar, 2011). Recent statistics show that the percentage of parolees re-incarcerated after release currently stands at 32% (Maruschak and Parks, 2012).

At the beginning of the semester our Professor gave a speech on her personal accomplishment and to start she asked us how many of us knew someone who either was or had been incarcerated. Most of us in the class raised our hands in the affirmative, including myself. This may not seem like much in a classroom with roughly 25 students, but it does have some merit. The United States of America accounts for “5% of the world’s population, but 25% of the world’s prison population” (DuVernay, 13th). Within the last year California legislators have introduced Senate Bill 10 or the Bail: pretrial release bill, which seeks to eliminate pretrial detention and bail requirements for accused individuals who meet public safety criteria ("SB-10 Bail: pretrial release", 2017-2018). I argue that SB 10 doesn’t go far enough and should include that low level non-violent first offenders be offered alternative methods to incarceration. A policy such as SB 10 would allow California to serve as a model, reducing the effects of mass incarceration, creating a fairer system and eliminating coerced plea deals.

Mass Incarceration is a growing dilemma in the United States that populates our prisons at an alarming rate. Michelle Alexander is a professor at Ohio State University and a graduate of Stanford law school. She states in her award winning book, The new Jim Crow: Mass Incarceration in the Age of Colorblindness “In less than thirty years, the U.S. penal population exploded from around 300,000 to more than 2 million” (Alexander, 6). These young men and women are unable to afford a decent lawyer because they come from such a poverty-stricken background. Men and women are at a financial disadvantage in our justice system. Lawyers and attorneys cost a fortune and most people can just simply not afford them. Others plead to their charges because

Both jail and prison offer some type of early released programs, in this case probation and parole will briefly be discussed. Probation is a prison sentence that is suspended on the condition that the offender follow certain prescribed rules and commit no further crime (Seiter, 2008). Parole is similar to probation except that it is after a period of incarceration, which involved determinate and indeterminate sentencing (Seiter, 2008). The other types of prison sentencing include mandatory minimums, three-strike laws, and truth-in-sentencing (Wilson, 2001). The only difference is that a parole board allows convicts to serve the remainder of their term in society under supervision and strict limitations (Wilson, 2001). In summary both jails and prisons should strive to provide as much educational, health, and counseling opportunities as possible to reduce the likelihood of recidivism. Second, funding for the jail and prison systems will be briefly discussed.

America is experiencing a social phenomenon commonly referred to as mass incarceration, in which the rate of incarceration has increased by, “...has grown by 700 percent.(Goffman)” in the last 40 years. Mass incarceration is difficult to digest in totality due to its immense nature, nuance and variety of answers with the essence of ‘could be right’. In order to decipher the complex puzzle of mass incarceration, we must establish borders to manifest clarifying order in the overwhelming clutter of data. Theory will assist in demonstrating how the general and specific facts of issues, in this case mass incarceration, relate by essentially declaring the philosophical frame of the interpretation. In order to gain a nuanced understanding of America’s mass incarceration, three relatively distinct theories will be applied: conflict theory, structural functionalism and symbolic interactionism. These theories are categorized by two approaches of sociological investigation- macrosociological, which emphasizes the analysis of social systems and populations on a large scale, and micro sociological, which emphasizes the impact individuals have on social structure.

Nearly six decades later, six states had passed laws regarding probation. By 1910, “thirty-two more states had passed legislation establishing juvenile probation” (Probation Historical Roots, 2013). Twenty years later, forty-nine out of fifty states had a juvenile probation law (Probation Historical Roots, 2013). Today, as defined by the Bureau of Justice Statistics, “probation refers to adult offenders whom courts place on supervision in the community through a probation agency, generally in lieu of incarceration” (Community Corrections (Probation and Parole),

Prison is a facility which is commonly used within the criminal system to confined and incarcerated offenders in a variety of freedoms for punishing crimes. But not every offender deserve to be put into prison, probably because the unprecedented growing prison and jail population in America gave rise to the overcrowding in prisons as well as tremendous pressure on state and national budgets. Therefore, some offenders who qualify to get probation and parole will not get to prison but subject to a period of supervision in their community under the abiding of certain conditions. If probation and parole give offenders a second chance, will they commit crime again after they went back to their community? This paper is going to examine if probation