Remodeling American Sentencing : A Ten-Step Blueprint For Moving Past Mass Incarceration

Nationally, every 7 minutes, another person enters prison. And every 14 minutes, someone returns to the streets, beaten down and, more often than not, having suffered a great amount of violence during his or her incarceration. Professionals will tell you that incarceration really does very little to stop crime, but we go on spending billions of dollars in order to lock up more and more people. We have become the country with the highest incarceration rate in the industrialized world. (National Criminal Justice Commission)

Mass Incarceration is a huge problem in United States culture. No other country in the world incarcerates its population the way that America does. “The U.S. incarcerates more people than any country in the world – both per capita and in terms of total people behind bars. The U.S. has less than 5 percent of the world’s population, yet it has almost 25 percent of the world’s incarcerated population.” Worse yet the majority of the incarcerated individuals belong to a minority group despite not participating in illegal activity any more frequently than their white counterparts. Is the United States criminal justice system racist and if so what is the cause behind this racism. After the end of slavery, many southern black Americans traveled to the north to escape endless violence and discrimination. In the south they could only find low paying field jobs whereas in the northern cities there were steady factory jobs promised as well as the hope that discrimination could be escaped. The northerners while against slavery were not egalitarian and were not in favor of hoards of black Americans surging into their cities and taking jobs away from the white working poor. The need for social control by white Americans only grew with the population of black Americans living in the cities and working in the factories. The rhetoric of “law and order” first came about in the late 1950s as white opposition to the Civil Rights Movement was encouraged by southern governors and law enforcement.

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.

In any given year now, incarceration rates has tripled with approximately 13 million people introduced to American jails in any given year. This increase in the prison population far outpaced the crime rate and the US population growth. Today, America has around 5% of the world’s population but a quarter of the world’s prison population.

American prison systems encompass all three spheres of criminal justice: law enforcement, judiciary, corrections. Within this system, a massive problem exists. America is known as the “mass incarceration nation” (Hamilton, 2014, p. 1271). Comparatively, the United States encompasses the majority of global prisoners, yet the population is nowhere near that proportion. Just how “free and equal” is this system? Since Gideon v. Wainwright, the racial divide in the criminal justice system has grown, which is contradictory to its intentions. The American criminal justice system has failed to provide the justice and protections it promises. There are many injustices caused by the mass incarceration of American citizens, especially those of minority descent. More harm is done by incarceration to the individual, their community, and the nation, than if other forms of justice were used. The criminal justice system is divided, with racial and income disparities defining the nation in way never intended.

From the article titled “The Punishment Imperative : The Rise and Failure of Mass Incarceration in America” by Todd Clear, and Natasha Frost, it goes into full detail on why the incarceration rate is failing. America incarcerates way more people that far exceeds the rate of our top allies. “With just under ten million people incarcerated in prisons and jails worldwide, America incarcerated more than one-fifth of the world’s total prison population.” (The Punishment Imperative: The Rise and Failure of Mass Incarceration in America, Page 17) The United States now is in the lead in the world of incarceration, that beats countries like Russia, Rwanda, St. Kitts & Nevis, and Cuba, and the country has four times the rate of European nations. Maintaining the prisons came with a staggering price. In 2006, jurisdictions would spend around $68 billion on correctional supervision. They went from spending from $9 billion in 1982 to an 660 percent increase of $68 billion in 2006. Around the same time period, direct judicial expenditures has increased by 503 percent and the policing expenditures increased by 420 percent. The huge majority of the correctional dollars, with was around 90 percent, went to stabilize mass incarceration. “With a national average annual price tag of almost $29,000 per person per year of incarceration, it cost taxpayers at least ten times more to incarcerate a person than it would have cost to maintain him or her under supervision in the community.” (The Punishment Imperative: The Rise and Failure of Mass Incarceration in America, Page 21) In general, this is an issue because the taxpayers are forced to pay a lot of money to maintain a person in prison. Locking up a serious violent offender is justified, however, for thousands of lower-level inmates, it costs taxpayers more than preventing

Similar to the Sentencing Reform Act, the purpose of the United States Sentencing Commission is to prevent inequity of sentencing among federal judges. It’s role is to serve as a strict guideline for Judges to adhere and limits the discretion at which a Judge may alter the length of sentence. The goal of this commission is to hamper factors such as race, sex, socioeconomic status, etc to affect the length of sentence, and aims for the guideline to stand on a neutral ground.

Mass incarceration is a barrier effecting many minorities and communities. The growth in incarceration rates in the United States over the past 40 years is historically reoccurring. According to statistics the war on drugs is the number one drive into our prisons. It took a toll on how diligently police enforcement do their jobs, communities, citizens and our 14th amendment rights which addresses equal protection under the law to all citizens, the amendment also addresses what is called "due process", which prevents citizens from being illegally deprived of life, liberty, or property. Marijuana and Narcotics are the most common drug when it comes to distributing and possession. Drug use and abuse is an expensive problem in the United States, both financially and socially. Another factor that contribute to mass incarnation rates

The author, Peter Enns, of “The Public’s Increasing Punitiveness and Its Influence on Mass Incarceration in the United States” is investigating whether the publics rising amounts punitiveness explains the significant rise in incarceration rates in the United States. Also, the author explores the importance of public influence and congressional hearing in relation to mass incarceration of individuals in the United States.

Hillary Clinton spoke at Columbia University in reference to the mass incarceration and criminal justice reform. She talked about the riot that happened two days before the speech. She wants to end the" era of mass incarceration". She also connected the prison population to broader patterns of inequality. She believes with out the mass incarceration fewer people would be living in poverty. Not only does she wants to reintroduce the former inmates into mainstream society to give them a better chance to succeed. She goes on to talk about what she would do to restructure policing. She wants to put body camera on all police officers. She made a promise to make sure federal funds for state and local law enforcement are used for bettering the practice,

From 1980 to 2008, the number of people incarcerated in America quadrupled-from roughly 500,000 to 2.3 million people.For decades, the United States had a relatively stable prison population. That changed in the late 1960s and early 1970s. Some factors included a rise in crime from the 1960s to 1980s; rising concerns over crack cocaine and other drugs, resulting in huge increases in drug penalties; a move to mandatory minimum sentences; and the implementation of other tough-on-crime policies, such as "three-strikes" laws and policies to ensure prisoners served at least 85 percent of their sentences. What's more, the movement toward broad, punitive crime control and prison policies wasn't based on any scientific rationale, says Haney, who studies

America’s social justice compared to Europe’s when it comes to the prison systems is something to take a look at. In America, we have over 685 prisoners per 100,000 and we support the death penalty while Europe has 85 per 100,000. As T.R. Reid states in The United States of Europe, “Yes, Americans put up huge billboards reading ‘Love Thy Neighbor,’ but they murder and rape their neighbors at rates that would shock any European nation.” What tends to be a bigger concern than the prison systems is America’s economy and its social costs.

Over the past few decades, prison sentencing has taken many tolls on inmates and felons throughout America. The amount of people incarcerated into state and federal prisons, continues to increase till this very day. Our criminal justice system tends to overrule and discriminate criminals when determining a sentence. Throughout America alone thousands of people serve countless years in prison for unreasonable alleged crimes. The amount of years that most criminals serve are not suitable for their crimes, which is why sentences should be minimized or maximized, depending on how intense or crucial the crime is. When it comes to determining a sentence, reforms need to be taken into action in order for criminals to have fair sentences and life after prison.

As of recent, the criminal justice system has adopted a tough-on-crime dogma which has narrowed their use of discretion and their actions are now influenced by having to take the least controversial approach to punishment. This, in turn, causes the general assembly to support more severe responses to mildly severe crimes so of course, this makes alternative or intermediate penalties less appealing. In the United States, the number of incarcerated people is alarmingly higher than any other nation, so much so that only the number of people incarcerated for nonviolent crimes is more than other countries’ total prison population. In his article How to Fix Overcrowded Jails on the Stanford Business School of Education website, author Lee Simmons declared on March of 2016 that over 60% of jail inmates nationwide have not yet been convicted of any crime, [therefore] it costs taxpayers $17 billion a year to keep them behind bars.

The United States of America imprisons more people than any nation in the world. Over the past 40 years, imprisonment in the US has exploded significantly by 1600% due to steep sentences and lack of meaningful penal reforms. This increase in imprisonment has significantly depleted the fiscal prowess of the country as