Prison Overcrowding Essay

Since the tough-on-crime era began in the 1980s, the California prison system and parolee population have grown tenfold. This is in great part due to the three strikes law that passed in 1994. This law made it a requirement for any offender convicted of a felony with two previous felonies to go to prison for a minimum of twenty five years. This law sent many people to prison for longer sentences due to non-violent drug offenses, when in actuality they should have been sentenced to rehab. Prison overcrowding is an important topic that all Americans should care about, since according to The Bureau of Justice Statistics, over ninety-five percent of all prison inmates will be released at some point, with over eighty-five percent of them being placed under parolee supervision. Of this population, sixty-five percent suffer from substance abuse issues and meet the need for treatment for their addiction. Drug and alcohol abuse, specifically drug abuse, and crime are inextricably related. Unfortunately, the majority of those released from prison who suffer from addiction issues are not treated while incarcerated, and as a result end up back in prison.

County jails are not equipped to “manage the influx of more prisoners, and for longer periods of time, as well as provide ‘evidence-based’ rehabilitative programs,” which has serious implications for confinement conditions and for the overall success or failure of Realignment (Owen & Mobley, 2012, p. 47). Even before the Realignment Act, California jails were struggling with “crowding, court-ordered ordered caps on their populations, antiquated facilities and few programs” (Owen & Mobley, 2012, p. 48). Counties are limited in their ability to address these concerns because of county-level budget cuts.

As of 2015, 2.7% of adults in the United States were under correctional control, the lowest rate since 1994, however that is still roughly 6.7 million adults (Kaeble & Glaze, 2016). While the correctional population has declined, correctional facilities in the United States are still grossly overcrowded, with many facilities at or surpassing capacity. A report in 2010 by the California Department of Corrections and Rehabilitation showed that on average, facilities were at 175% capacity (Brown, 2010). However, as of midnight on October 31st, 2017 the California Department of Corrections and Rehabilitation reported that their facilities, on average, were 132% occupied (Brown, 2017). Not only is prison overcrowding a burden on the facilities themselves, but also on the inmates. Prison overcrowding, that is, housing more inmates than the facility can humanely facilitate (Haney, 2006), places a strain on all resources throughout the correctional facility, including on the healthcare that’s offered, educational programs, and most dramatically on the physical space available to house inmates (Ekland-Olson, 1983).

The U.S. Supreme Court has acknowledged the growing distress, deeming California’s state prisons unconstitutionally crowded. In 2009, the U.S. Supreme Court ruled out that California’s 33 state prisons have become too overcrowded to the point where there are no sufficient medical and mental health care available (Realignment AB 109, 2013). The U.S. Supreme Court determined that the 33 state prisons are violating constitutional exclusions, under the Eighth Amendment, against unfamiliar punishment and brutality, says the American Legislative Exchange Council, an American organization producing model policies for state legislators (ALEC, 2010).

Mass incarceration is a term primarily associated with the United States of America’s policy trends beginning around the 1970’s. During that time, there is a dramatic shift in the rhetoric regarding crime, causing a wave of policy changes that have set the course for the United States’ current 2.3 million people incarcerated. In California in 1976, then Governor Brown followed this trend and

During the 1970’s, the tough on crime movement contributed to a drastic increase in punishment for lesser crimes and led a massive increase in imprisonment, even though the crime rates stayed the same (Gascon 2014). It is disputed that even though the movement was attractive to voters, it is doing more harm than good. Ever since the 1960’s, the amount of individuals detained has increased roughly about ten times than normal (Gascon 2014). Expanding a prison population requires more places, such as prisons and jails, to detain prisoners and California had built “22 new prisons in just 30 years” (Gascon 2014). Building new prisons and detaining more prisoner’s costs money and this money will come out of taxpayers. Newt Gingrich and B. Wayne Hughes Jr. said in an editorial that “prison is for people that we are afraid of, but we have been filling them with many folks we are just mad at.” They also state if the proposition is passed it will bring some light on the face that over $60,000 is spent on one inmate alone per year, while less than $10,000 is spent on each student in schools (Gingrich and Hughes 2014). The American Civil Liberties Union, the Sentencing Project, and the Crime Survivors for Safety and Justice are also in favor of the proposition. Some of these groups agree with Gingrich and Hughes statements, the money

In the past four decades, there has been a staggering increase in the United States prison population at the local and state level. Currently there are 2.2 million people in the nation’s prisons and jails that has added up to a 500% increase over 40 years (The sentencing project). The cause of this prison growth is a variety of laws and punitive sentencing policies that were initiated starting in the early 1970’s. Policies such as harsh drug penalties for non-violent crimes, Mandatory Minimum Maximum sentences and the Three Strikes law have all contributed to America’s current problem of mass incarceration.

Since 1984, the California Penal System has been forced to undergo drastic changes resulting from increased legislation aimed at increasing the severity of retribution to offenders leading to an exponentially increasing prison population. In the 132 years between 1852 and 1984, the state of California built twelve prisons, but has since supplemented the prison system with 21 new facilities. In 1977, the California Department of Corrections was responsible for 19,600 inmates. California’s inmate population now stands at 160,655, an increase of close to 800%.

By beginning his paper with background information, Schuck invites the reader into the conversation – overcrowding is so high in the prison system that the holding capacity of prisons has become unconstitutional, but will persist due to skeptical, crime-fearing, and tax-weary public that will decline any reforms presented. Schuck uses California as a prime example of the serious

In the 1970s and 1980s, a massive amount of inmates began fillin up the United States prison systems. This huge rate of growth in this short amount of time, has greatly contributed to the prison overcrowding that the United States faces today. In fact, the prisons are still filled to the seams. This enormous flood of inmates has made it practically impossible for prison officials to keep up with their facilities and supervise their inmates. One of the main reasons why many prisons have become overcrowded is because of states’ harsh criminal laws and parole practices (Cohen). “One in every 100 American adults is behind bars, the highest incarceration rate in the world” (Cohen). The amount of inmates in corrections systems, throughout the

The United States Supreme Court ruled that prison overcrowding in California was equivalent to cruel and unusual punishment. This decision recharged a long-standing disagreement among scholars and politicians as to whether or not courts should intervene to protect make changes. Some believe this is a matter or the well-being of those unable to make decisions for themselves. Others believe this is not a top priority and by forcing states to improve state institutions, the already costly industry will have cost increase. The journal also discusses the economic effects reform has had. Concluding that they have made positive changes at a slightly higher expense. The changes made by the state made the facilities closer to “humane” by court standards. (7)

In March 1994, California voted to pass the Three Strikes Law with the majority of the vote, a bill that had been struck down multiple times by the state legislature (Naomi Harlin Goodno). This law would allow criminals with two prior felonies on their records to receive life in prison. These laws were proposed to keep serious repeat offenders off the streets, this was a result of the rising crime rate of the nineties. The law was presented to the electorate as a way to keep rapists, child molesters and killers of the streets, the most incorrigible of inmates; however, it has been proven that such laws unproportionally target minorities and persons with mental illnesses. African Americans are incarcerated at a rate thirteen times higher than

When he became governor, he was well aware that for almost a decade the state legislature had ignored reports calling for progressive programs in California’s prison system. He was also aware that California prisons were often run like country clubs. Guards and wardens were susceptible to receiving gratuities in exchange for lax treatment or even furloughs from incarceration. Warren had for a long time complained that prisons did nothing to break the cycle of crime and punishment (Cray, 1997). “Caging men like animals, penning them within walls, then expecting them to become better men, is fallacious,” he had argued as early as 1931 (Cray, 1997, p. 145). Soon after becoming governor, when Warren got word that two of Folsom’s prison’s felons

These measures were taken to ensure public safety but are now posing a problem for our correctional facilities. Overcrowding and budgets are among the problems brought about by these measures. Both the state and federal correctional population throughout the United States have steadily seen significant increases in their population, every year for the past decades. Based on the census found on the Bureau of Justice website, the data collected between June 30th 2000 to December 30th 2005 showed that prisoners held in custody between federal and state prisons increased by 10%. (“Bureau of Justice Statistics”, p.1 -2)

In America’s tough economic society, over population has become an exceedingly hot topic issue. However, overcrowding in America’s prison system has been a severe problem since the 1970's. The majority of the changes have come from different policies on what demographic to imprison and for what reason. The perspective of locking up criminals because they are "evil" is what spawned this (Allen, 2008). Because of this perspective the prison system in America is in need of serious reorganization. Since 1980, most states have one or more of their prisons or the entire system under orders from the federal courts to maintain minimum constitutional standards (Stewart, 2006).