The Major Role Of Incarceration In The American Criminal Justice System

Community corrections is continually changing and has been for the past one hundred years. From the early to mid-twentieth century onward it has used three major models, the medical model, community model, and the crime control model. The major turning point for the American community corrections system that led to corrections as we know it today was in 1974 when What Works? - Questions and Answers About Prison Reform by Martinson was published. The system changed practically overnight across the nation. The notion of rehabilitating offenders was dismissed and a more punitive “lock them up and throw away the key” mentality took over. Presently the corrections system is still working in the crime control model, but professionals are trying to restructure how we deal with criminal offenders during and after incarceration. The difficulty in the restructuring is finding the balance between punishing criminal offenders proportionate to their crime, but also rehabilitating them to be productive members of society once they are released so that they do not recidivate.

Incarceration of offenders has been the typical and most commonly used form of sentencing in corrections. Punishment is often the first choice when an offender breaks the law, which is understandable, because criminals should be held accountable for their crimes. Corrections is a system of checks and balances that holds individuals responsible for their actions. We must ask

Courts are established social, political, and judicial institutions necessary for the manifestation of justice and the maintenance of law and order. The courts are part of the judicial branch of government, as outlined in Article III of the United States Constitution. Courts are the arenas in which the law is tried and applied. Judges are the presiding officers of the court. The United States Supreme Court is the most fundamental court because has "the authority to decide the constitutionality of federal laws and resolve other disputes over them," (United States Courts, 2012). This is true even though even though the court does not expressly enforce that law; enforcement is the province of the executive branch.

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.

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.

Corrections have existed throughout society for many years and continued to change and evolve in the United States reflecting society’s values and ideals throughout the centuries. In the criminal justice system, corrections exist in more than one form. Not only do corrections refer to jails and prison systems but they also pertain to community-based programs, such as probation, parole, halfway houses, and treatment facilities. Past, present, and future trends in regard to the development and operation of institutional and community-based corrections vary between states but corrections have grown immensely since the early 1800s and have continued to expand

The vast societal effects from mass incarceration have caused an increasingly alienated population to form in the U.S., which can be broadly classified in the dual areas of lasting effects and impacts to the family unit. First, the lasting effects of high incarceration rates are that they impact the rights of the convict, particularly African Americans. For example, noted civil rights attorney Michelle Alexander posits that the long term effects of mass incarceration operate to deny black Americans the future right to volte, the ability to obtain public benefits, the possibility to sit on juries, and ultimately the opportunity to secure gainful employment (Steiker, 2011), Moreover, professor Alexander argues that this mass incarceration together with the prior Jim Crow laws and the past practice of slaery in the U.S. operate to ensure that black Americans remain s subordinate class of citizens defined primarily by their race (Steiker, 2011).

The U.S. corrections system, a subdivision of the criminal justice system, continues to undergo change. From its beginnings as laws written in stone, the corrections system has sought to punish offenders. The origin of the corrections system dates back several thousand years and has witnessed various perspectives and goals. The best method of administering punishment to these prisoners has remained an issue of dispute for many years. Events through history, such

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 has recently become a major problem within the United States. Although crime rates have dropped since the 1990s, incarceration rates have soared. This trend is largely associated with increased enforcement of drug-related crimes. Unfortunately, though not surprisingly, this problem involves racial discrepancies when regarding these mass incarcerations. Incarcerations appear to be the most prominent throughout urban areas and the south, which happen to be the areas where African American males often reside or where racial politics are known to be apparent. In turn, this leads to disproportionate imprisonments. This problem requires immediate attention, but aspects of state and local politics have intensified incarcerations due a variety of factors, which include the state’s focus on the financial incentives that the federal war on drugs has created, the “tough on crime” stance that many politicians posses (largely republican), and the lack of rehabilitation services.

Both jail and prison offer some type of early released programs, in this case probation and parole will briefly be discussed. Probation is a prison sentence that is suspended on the condition that the offender follow certain prescribed rules and commit no further crime (Seiter, 2008). Parole is similar to probation except that it is after a period of incarceration, which involved determinate and indeterminate sentencing (Seiter, 2008). The other types of prison sentencing include mandatory minimums, three-strike laws, and truth-in-sentencing (Wilson, 2001). The only difference is that a parole board allows convicts to serve the remainder of their term in society under supervision and strict limitations (Wilson, 2001). In summary both jails and prisons should strive to provide as much educational, health, and counseling opportunities as possible to reduce the likelihood of recidivism. Second, funding for the jail and prison systems will be briefly discussed.

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).

Corrections as a term in criminology involve the treatment, incapacitation, and punishment of criminal wrongdoers who have admitted to the court. The criminal court convicts and condemns those perpetrators who are found guilty of crimes. Upon sentencing, the corrections component of the criminal justice system begins to function. In the United States there are several correctional agencies including; residential facilities, juvenile and adult probation and parole agencies, and so much more. These agencies are established to correct, treat and control post-adjudicatory care to

Today punishment is the most dominant correctional goal of both the state and federal government in response to criminality. The purpose of punishment is to protect society, rehabilitate criminal offenders, and reduce recidivism. In both the state and federal correctional institutions, their objectives are to use punishment as form deterrence while

One of the most interesting things I learned from doing my research on community corrections in my jurisdiction is how the criminal justice system is committed to being fair and balanced. I have observed in a court arraignment how a judge briefed everyone in the court about proper protocols during the hearings .The judge said he could not start court hearings unless a prosecutor was present, and that he cautions the inmate the right to remain silent, and also discussed to the inmate his rights. Community-based corrections developed as a result of dissatisfaction with institutional confinement and in recognition of the problems encountered by inmates reentering society after prolonged incarceration. Belinda R. McCarthy, Bernard J. McCarthy, Jr,& Matthew C. Leone (4th edu.). (2001) Community-Based Corrections. Belmont, CA: Wadsworth Group. In writing this paper I will inform and discuss the various programs and rules applied to handle offenders who have violated state laws according to the criminal justice system in NC. I will write about the following subjects in the following order: 1) Parole and probation, 2) Community and drug courts, 3) Pretrial release, 4) Victim aid, and 5) Community service (as a function of service of sentence).