The Incarceration Rate Of State And Federal Prisons

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

Ever since the first prison opened in the United States in 1790, incarceration has been the center of the nation's 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. Unlike jail or prisons, which create an expensive cycle of violence and crime, these alternatives actually prevent violence and strengthen communities.

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.

If mass incarceration is a cancer of society, mandatory minimum sentencing laws are the tumors that exacerbate society’s condition. These mandatory minimum sentencing laws require a certain length of prison time if

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.

The United States of America is phrased by many, as being “the land of the free.” Yet, the Unites States currently has the highest per capita prison population than any other country. The United States makes up only 5% of the world’s population and of that 5%, 25% of our overall nation’s population is currently incarcerated. A few factors that attribute to our high rates of incarceration include, sentencing laws: such as mandatory- minimum sentencing, lack of initial deterrence from crime, the war on drugs and the presence of recidivism. With our ever growing incarceration rates and the cost of housing individual offenders averaging $22,000 a criminal justice agenda. Recidivism refers to a person 's relapse into criminal behavior resulting in rearrests, reconviction or return to prison with or without a new sentence during a three-year period following the prisoner 's release (National Institute of Justice.) Many programs have been implemented in our prison system to help reduce the recidivism rates. Programs such as educational/ vocational programming, reentry programs, substance abuse programs and subsidized employment are among many programs in which have been proven effective. Yet, due to costs deficits, the clock is ticking to find evidence based programs to invest in. So, the question currently being sought after is, which method is most effective in reducing recidivism rates?

Mass incarceration is a major problem in the United States. Since the tough on crime movement that began to emphasize more punishment and creating new policies such as; three strikes law, truth-in sentencing laws, mandatory sentencing, and determinate sentencing, our prisons and jails have become overcrowded. The three strikes law increases the prison sentence of an offender convicted of three felonies or serious crime. Usually the punishment ranges from a minimum of 25 years to life in prison. The truth-in sentencing laws require the offender to serve a substantial amount of their prison sentence (usually around 85 percent) before they are eligible for release on parole. The mandatory sentencing requires a minimum period of incarceration that the offender must serve regardless of the history of the offender or the nature of the circumstance. These get tough policies have implicated longer prison and jail sentences and has reduced the amount of discretion that the judges, parole/probation officers and prison and jail administrators. These actions have consequently increased the prison and jail population, which causes an increase in money spent on jails and prisons.

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). .

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

Originating in Washington State in 1993, by the end of that year, over half of all states, including the federal government had enacted their variation of a “three strikes” law. Roughly contemporaneous with these measures, crime rates have declined nationwide.”(Michael, V. (2002) para. 1) “This law approving mandated life in prison without parole for offenders convicted of committing serious offenses such as murder, rape, and robbery a third time.” (Meehan, K. (2014) para4).

Mandatory sentencing has been a big driver in the large population of incarcerated individuals in the United States. District attorneys are more aggressive in how they file charges against the arrestee. While the country has seen a decline in crime, new

When the word America is mentioned many people get a vision. Majority of people see it as the land of the free and where many opportunities await. In many eyes, our nation (America) is viewed as being number one, all around the board. That, I can say is true but when it comes to the incarceration of its citizens, it’s not so free after all. According to Wikipedia: The Free Encyclopedia (2009), “the United States has the highest documented incarceration rate, and total documented prison population in the world. As of year-end 2007, a record 7.2 million people were behind bars, on probation, or on parole. Of the total, 2.3 million were incarcerated. More than 1 in 100 American adults were incarcerated at the start of 2008. The People’s Republic of China ranks second with 1.5 million, while having four times the population, thus having only about 18% per the U.S. incarceration rate.” (1) Also, “in 2002, 93.2% of the prisoners were male. About 10.4% of all black males in the United States between the ages 25 and 29 were sentenced and in prison, compared to 2.4% of Hispanic males, and 1.3% of white males.” (2) When reading theses statistics, I didn’t know if I was mad, or if I was just really in awe.

Until the early 1970s, the sentencing of crime convicts was based on the principle of rehabilitation of juvenile and adult offenders. Legislatures set maximum authorized sentences for various types of crimes and judges decided on the prison term or probation or fines. Correctional officials and parole boards had the powers to reduce the time served for good behavior and release prisoners early. In the 1980s and 1990s, the emphasis shifted to deterrence by imposing mandatory minimum sentences for certain types of crime, heavier sentences for habitual offenders and the “three-strike” rule for felony convictions. Public opinion supported these changes in the belief that prison terms were just retribution for crimes and incarceration kept criminals off the streets (Mackenzie, 2001).

According to [http://felonvoting.procon.org/view.resource.php?resourceID=000286] only two states allow felons to vote while in prison. This is quite alarming, especially considering that America’s nationwide prison population, since 1980, has increased by nearly 800 percent. This increase is due to harsher punishments for non-violent crimes, resulting in more than 1.57 million inmates being imprisoned in federal, state, and local prisons and jails at any given time. In addition, an estimated 12 million Americans cycle through the U.S judicial system for sentences less than one year in length, raising the estimated overall imprisonment rate, at any given date, to 2.4 million. These inmates, in addition to those barred from voting due to past felony convictions, make up approximately 2.5 percent of the nation’s voting population, according to a report by The Sentencing Project. [http://www.thedailybeast.com/articles/2015/06/12/the-real-felony-denying-prisoners-the-right-to-vote.html] Prisoners that are currently serving time for their crimes should have the right to vote because it allows them to begin to make personal choices again and it is a basic right established by our nation’s founding fathers.