What is Just, Not What is Fair
“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.
Starting during the 1980s, when the State and Federal government were struggling to combat an extreme rise in drug use throughout the country, the “war on drugs” was declared by President Richard Nixon. “Zero tolerance” policies, “broken window” policing, and other unreasonably severe punishments were placed in society in order to barricade the dramatic influx of illegal drug use. According to the American Civil Liberties Union (ACLU), these “‘one-strike’ policies and drug arrests now account for over a quarter of the 2.3 million people locked up in America.” These nonviolent drug offenders face sentences for
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.
In the late 1980’s and early 1990’s, drug use became a major concern for most Americans. As the War on Drugs and “Just Say No” campaign were being thrust into the spotlight by the government and media, the public became more aware of the scope of drug use and abuse in this country. The federal and states’ governments quickly responded by creating and implementing more harsh and punitive punishments for drug offenses. Most of these laws have either remained unchanged or become stricter in the years since then.
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.
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.
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.”
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
Mass incarceration became a public policy issue in the United States in the 2000s. Now in 2016, there are still many questions about America’s incarceration rate, 698 prisoners per 100,000 people, which is only surpassed by Seychelle’s at 868 for every 100,000. They concern the phenomenon’s beginning, purpose, development, and essentially resolution. In her book published this year, assistant professor of history and African and African-American studies at Harvard Elizabeth Hinton challenges popular belief that mass incarceration originated from Reagan’s War on Drugs. Mass incarceration’s function as a modern racial caste system is discussed in a 2010 book by Michelle Alexander, an associate professor of law at Ohio State University, civil
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
Mass Incarceration is a predicament in the U.S. because in the land of the free, there are more than two million people in prison. Prisons are homes to the majority of twenty-two percent of the U.S. population. The U.S. has a massive incarceration rate, seven hundred and sixteen per every one hundred thousand. The U.S. makes five percent of the world’s population and the third country in which most people live in but number one incarcerating humans.
On June 17th 1971, President Richard Nixon stood in front of congress and announced his widely criticized War on Drugs. The President claimed that drugs were the “Public Enemy Number One” among Americans. Fast-forward to 1986, Congress passed the Anti-Drug Abuse Act of 1986. This act placed mandatory minimum sentences on minor drug infractions. The war on drugs not only incarcerated a very high number of Blacks, but also tore families apart in an effort to clean up neighborhoods which still affect many African American families almost a half-century later.
Adam Gopnik uses his article “The Caging of America” to illuminate the problems that plague America’s justice and prison systems. Most of his article uses New York City’s history of violent crime in the sixties and seventies along with the New York Police Department’s (NYPD) use of social engineering since the nineties. I applaud the NYPD for reducing major crime without throwing everyone in prison, but Gopnik skips over an important facet of mass incarceration; recidivism.
Within this paper, you will find a comprehensive review of the United States prison system, and why it needs to analyzed to better support and reform the people of this country. I plan to persuade the other side (politicians and society) into seeing that the way the prison system is now, is not ethical nor economical and it must change. We have one of the world’s largest prison population, but also a very high rate of recidivism. Recidivism is when the prisoners continuously return to prison without being reformed. They return for the same things that they were doing before. So, this leads us to ask what exactly are we doing wrong? When this happens, we as a nation must continuously pay to house and feed these inmates. The purpose of a prison needs to be examined so we can decide if we really are reforming our inmates, or just continuing a vicious cycle. What is the true purpose of prison besides just holding them in a cell? There must be more we can do for these hopeless members of society.
Franklin E. Zimring a criminologist at Berkeley Law summarizes that when New York City police “stopped and frisked” kids the police’s main goal was not to incarcerate the kids for having marijuana, but to get their fingerprints, so they may be latter identified if they committed a more serious crime. The first argument is that the “stop and frisk” crime rated started to decline in New York City where it all began. The opposing argument is across America marijuana possession became a serious crime, and the cost was huge, lives were ruined. As Gopnik states the “decriminalization of marijuana would help end the epidemic of
Austin, J., Irwin, J. (2001). “It's About Time: America's Imprisonment Binge.” Belmont, CA: Wadsworth Publishing Co