The Incarceration Of Drug Offenders

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

According to statistical data found in the Bureau for Justice Records, there are a number of problems that most prisons in the country face. The records indicate that the number of adult federal and state inmates increased from `139% in `1980 to 260% (Walker, 1999). As a natural default, the United States of America has the highest incarceration rate in the world. This in itself brings about one of the major problems that are faced in modern incarceration which is overcrowding in most prison facilities. The number of offenders in the country has increased rapidly over time while the country prison system has not really been able to cope with this rapid increase. Prisons intended for one or two inmates are now crowded with more than fifty individuals. Because of this most prisons are overcrowded and most of the facilities available are unable to cater for the needs of all the prisoners (Siegel, 2009).

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.

The United States has the world's highest incarceration rate. With five percent of the world's population, our country houses nearly twenty-five percent of the world's reported prisoners. Currently there are approximately two million people in American prisons or jails. Since 1984 the prison population for drug offenders has risen from ten percent to now over thirty percent of the total prison population. Federal prisons were estimated to hold 179,204 sentenced inmates in 2007; 95,446 for drug offenses. State prisons held a total of 1,296,700 inmates in 2005; 253,300 for drug offenses. Sixty percent of the drug offenders in prisons are nonviolent and were purely in prison because of drug offenses (Drug War Facts). The question then arises,

The U.S prison population rose by 700% from 1970 to 2005. A rate far outpacing that of general population growth and crime rates.

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 features a prison population that is more than quadruple the highest prison population in Western Europe (Pettit, 2004). In the 1980s, U.S. legislation issued a number of new drug laws with stiffer penalties that ranged from drug possession to drug trafficking. Many of those charged with drug crimes saw longer prison sentences and less judicial leniency when facing trial. The War on Drugs has furthered the boom in prison population even though violent crime has continued to decrease steadily. Many urban areas in the U.S. have a majority black population. With crime tendencies high in these areas, drugs are also prevalent. This means that a greater percentage of those in prison are going to be black because law

“The Growth of Incarceration in the United States: Exploring Causes and Consequences” by Jeremy Travis,

Another downside to the incarceration method of dealing with drug offenders is the fact that a social inequality is formed once they are released from prison. Former inmates are treated less than normal non convict citizens making it hard for them to find decent housing, sufficient paying jobs, and people in which to form meaningful relations with. A lack of these things can bring them back to a performing criminal acts, going farther than just substance abuse in order to make a living that they can’t do with a legitimate job. Another major impact that mass incarceration is having on society in the United States is in the political sector as felons are often stripped of their voting rights. Of course this can be seen as negative or positive depending on your political views, but the fact remains that with a large amount of the population being unable to vote outcomes in elections could be much different (Moroney).

Prison population. Prisons in the United States have changed throughout the years and became the standard for punishment. Here in America we jail on more offenses for longer periods of time than in any other country (Deady, 2014). Our prison population has increased to over 500% in the last forty years (The Sentencing Project, 2014). A lot of this is due to the crack down on crime and the war on drugs. With the influx of inmates in our prison system we must look at what our prison

The War on Drugs is a term that is commonly applied to the campaign of prohibition of drugs. The goal of this campaign is to reduce the illegal drug trade across America. This term “ War on Drugs” was used during Nixon’s campaign in which he declared War on Drugs during a press conference in 1971. Following this declaration many organizations were created to stop the spread of drugs, like the DEA and Office of Drug Abuse Law Enforcement. Note that Nixon’s approach to this problem was to fund treatment rather than law enforcement. After Nixon’s retirement from office, most of the funding went from going into treatment to the law enforcement. Which militarized the police force giving the officer’s military weapons and gear. With this, the sentencing for possessing drugs was changed as well, resulting incarcerations rates to increase overtime. The increase of incarceration rates started to create many patterns that were soon noticeable. The funding’s that go into the law enforcement has shown to greatly have an affect on the incarceration rates.

In the United States the prison population has increased from 300,000 in 1972 to 2.2 million

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)

This is the result of an increase in drug arrests between 1980 and 1992. The increase in violent offenders incarcerated during that time was only about 50 percent; therefore the majority of felons that are incarcerated should not be looked at as a danger to society (Schlosser, 1994, p.93). If the country wants to deal with the problem of overcrowded prisons, it should look more closely at who should and shouldn’t be incarcerated.

The most common crimes in the United States are drug crimes, with the illegal use of Marijuana being the number one drug crime. Police arrest millions of Americans every year on marijuana based charges in the processes, mixes these drug users with criminals who commit harasher crimes. By spending time in these prisons, drug users are surrounded by poor influences and often revert back to a life of drug or more ruthless crimes upon release from prison. In 2011, the United States saw “50.8 percent of [its] Federal inmates incarcerated for drug offenses…[and] since the mid-1990s violent crimes... have steadily declined. What has skyrocketed is arrests for drug offenses” (Why We Need To End "The War on Drugs 3). The legalization of marijuana will significantly reduce the amount of criminals within the