The American Penal System : The United States Essay

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.

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 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.

Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means

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.

The criminal justice system focuses more on criminalization and incarceration than it does on rehabilitation. The United States of America wins the award for the highest incarceration rate in the world with over 2.3 million people in correctional facilities. America itself contains only about five percent of the world population, but accounts for twenty-five percent of the world’s prisoners (American Civil Liberties Union). With a longstanding history of mass incarceration and

Today, more than 2 million Americans are incarcerated in either a state facility, federal correctional facility or a local installation (Batey,2002). Due to longer sentences, incorporating harsh sentencing guidelines, and mandatory minimum punishments (NeSmith,2015). With each inmate costing taxpayers an average of $30,000 annually. The Violent Crime Control and Law Enforcement Act of 1994 were increased sentences for a broad range of offenses, as well as establishing federal penalties for most murders and a large number of other crimes already subject to state law (Batey,2002). In addition to reducing the discretion of state judicial systems; as well as 85 percent of sentence satisfaction and establishing a mandatory life sentence for those convicted of three serious violent crimes or drug offenses (NeSmith,2015). .

The United States prison system struggles eminently with keeping offenders out of prison after being released. According to the Bureau of Justice Statistics, more than third of all prisoners who were arrested within five years of released were arrested within six months after release, with more than half arrested by the end of the year (Hughes, Wilson, & Beck, 2001). Among prisoners released in 2005 in 23 states with available data on inmates returned to prison, about half (55 percent) had either a parole or probation violation or an arrest for a new offense within three years that led to imprisonment (Durose, Cooper, & Snyder, 2014). Why are there many ex-offenders going back to prison within the first five years of release? Are there not enough resources to help offenders before or/and after being released from prison.

The number of prisoners in United States prisons has increased and are still growing day-by-day. The Sentencing Project, an organization that fights for a fair and effective U.S. justice system by promoting reforms in sentencing policy, addresses unjust racial disparities and practices in its article “Trends in U.S. Corrections.” They write, “The United States is the world's leader in incarceration with 2.2 million people currently in the nation's prisons and jails — a 500% increase over the last forty years ”(The Sentencing Project 1). According to The Sentencing Project statistics, the number of prisoners has dramatically increased in the past four decades,

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.

From the 1920s to the early 1970s the United States was experiencing a state of stability when it comes to the American Penal System. Murayama (1970) speaks on the American penal system, her main focus when taking a look at the system was the issue of mass incarceration. Murayama (1970, pp 629) states that since 1970 the number of people that are incarcerated has quadrupled. As a result of this corrections experts that were both inside and outside government began to emphasize two major goals for the American penal system. First was to address the concern about rehabilitation and second was to find a way to stabilize the size of the U.S. prison system. A National Advisory Commission report from 1973 was

In order to begin to address the issues that are present in the criminal justice system, it is important to acknowledge how many people fall under the category of being imprisoned in the United States.In 2014, this number was around 2.2 million.Within the past 40 years, the number of people in the nation’s jails has increased by 500 percent.According to The Sentencing Project, the explanation of this significant rise in incarceration lies in sentencing laws like mandatory minimums and cutbacks in parole release, not necessarily a rise in crime rate.Mandatory minimums can be perceived as unjust because they generalize all crimes by creating an equal amount of punishment for different and unequal crimes. This contributes to the overcrowding of jails

“Early” correctional history is normally put in a pretty large category ranging from 2000 B.C. to 1800 A.D. (Allen, 2010). This period obviously covers a wide range both in time and technological advances along with cultural standards. This period includes ancient Babylonia and Samaria, Rome, Medieval Europe, Renaissance Europe, to the rise of the modern penitentiary system in America. Throughout this large chunk of time there were obviously many different practices that came into being, but two main factors can be singled out as to what changed early corrections into what we know to this day.

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).

Prison is an institution for the confinement of persons convicted of criminal offenses. Throughout history, most societies have built places in which to hold persons accused of criminal acts pending some form of trial. The idea of confining persons after a trial as punishment for their crimes is relatively new.