The Pros And Cons Of Incarceration

Regardless of what you might see on TV the verdict of “not guilty by the reason of insanity” is an immensely rare plea for anyone. A majority of offenders with a mental illness still end up incarcerated. Even though the United States only makes up 5% of the world's population we account for 25% of the world's prisoners. Which converts to 2.2 million prisoners and about 1.2 million of those people have a mental illness (Fellner). Mental illness within our jails and prisons has become very prevalent within our correctional systems over the last 10 years. The number of men and women who have a mental illness that end up in jail or prison grows day by day. For those who do not go into the prison with a mental illness, will very likely develop some form of mental illness after being released from incarceration. The mentally ill do not belong in prison, the purpose for incarceration is retribution, incapacitation, deterrence and rehabilitation, and though it is originally meant for all of these purposes, it has lost its meaning. Correctional facilities are not built to provide treatment for the mentally ill, and the people who have been diagnosed with a mental illness cannot get the long-term treatment they need inside of a prison cell.

Michael Tarver is a 55 year old man who is serving a life sentence for murder in Atlanta, Georgia. Tarver is a diabetic with circulation problems, while in jail he got a cut on his leg. After receiving this cut he went months in confinement without proper care and because of his diabetes he was prone to infection and had to have his leg amputated. In 2012 Tarver filed a lawsuit written in longhand and filed without the consultation of an attorney. Dr. Chiquita Fye is the 65 year old woman who has been the medical director at this prison since 2006. This “lawsuit asserted that Fye was deliberately indifferent to his injury as he languished for months in the prison infirmary. Deliberate indifference to a prison inmate’s medical needs violates the Eighth Amendment of the U.S. Constitution.” (The Associated Press) Many inmates have filed lawsuits against this doctor all complaining that she neglected them of proper care. And there is so many other cases out there showing that prisons do not give proper care to inmates who need it.

The U.S. prison system is one of many great controversies when compared to other correctional systems. America’s prison population has increased by 700% (2.4 million current inmates) since the start of the war on drugs in 1971. As a result of this “war”, people that fall into the racial minority have suffered as a direct consequence of unjust legislation. Our prison system is known for its overrepresentation of minorities such as Blacks and Hispanics. This unfortunately gives these groups of people a perennial negative stigma as a result. I argue that the U.S. prison industrial-complex emphatically displays signs of prejudice and racism and disproportionately incarcerates people of color at a rate higher than whites. Yes, there are skeptics who think “the left’s prison-complex” is wrong about their theory of mass incarceration but the statistical data and concrete facts in support of my argument are very compelling.

Mass incarceration has been an issue in the United States since the start of the War on Drugs, because of the political agenda attached to the “tough on crime” regimen thousands of people have suffered as a consequence. The solution to this is one that can only be possibly solved by approaching through several angles. The ten steps presented by Michael Tonry, are an innovative and have merit to some extent. However, mass incarceration results from more than unjust sentencing laws, which is his main focus. If ever we are to resolve the issue, society and the criminal justice system must come together to completely reevaluate what we consider to be “tough on crime” and redefine the purpose of prisons, strictly punishment or rehabilitation. The focus has to shift from harsh sentencing, stigma, racial discrimination to a basic form of rehabilitation and reduction of the prison system in general. The criminal justice system has to do what they are actually meant to do and focus on rehabilitation measures, and when possible completely stop interaction with the prison system all together.

At the beginning of the semester our Professor gave a speech on her personal accomplishment and to start she asked us how many of us knew someone who either was or had been incarcerated. Most of us in the class raised our hands in the affirmative, including myself. This may not seem like much in a classroom with roughly 25 students, but it does have some merit. The United States of America accounts for “5% of the world’s population, but 25% of the world’s prison population” (DuVernay, 13th). Within the last year California legislators have introduced Senate Bill 10 or the Bail: pretrial release bill, which seeks to eliminate pretrial detention and bail requirements for accused individuals who meet public safety criteria ("SB-10 Bail: pretrial release", 2017-2018). I argue that SB 10 doesn’t go far enough and should include that low level non-violent first offenders be offered alternative methods to incarceration. A policy such as SB 10 would allow California to serve as a model, reducing the effects of mass incarceration, creating a fairer system and eliminating coerced plea deals.

Mass Incarceration is a growing dilemma in the United States that populates our prisons at an alarming rate. Michelle Alexander is a professor at Ohio State University and a graduate of Stanford law school. She states in her award winning book, The new Jim Crow: Mass Incarceration in the Age of Colorblindness “In less than thirty years, the U.S. penal population exploded from around 300,000 to more than 2 million” (Alexander, 6). These young men and women are unable to afford a decent lawyer because they come from such a poverty-stricken background. Men and women are at a financial disadvantage in our justice system. Lawyers and attorneys cost a fortune and most people can just simply not afford them. Others plead to their charges because

Mass incarceration is the greatest moral and racial injustice of our time. There are 2.2 million people that are imprisoned. 39% of prisoners should not be in prison. People who commit crimes should not go to prison, unless such crime is severe and harsher punishment is needed to be placed. "As a society, we have chosen to prioritize the public safety of our citizens over programs designed to enhance the personal growth of inmates."- Quarts - Allison Schrager The only rational purpose for a prison is to restrain those who are violent, while we help them to change their behavior and return to the community. Prison is meant to give offenders punishment for their actions but to also help them understand why their actions isn’t righteous. Rehabilitation programs in prison are the alternative to a lengthy sentence. It helps build the character and skills so that prisoners can be able to function as citizens in society. Unfortunately, that is not what’s happening in prison as of today. The system is very broken and certain crimes that have been committed should not result to incarceration because there are other alternatives that best suit the consequences of the crime.

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,

Correctional treatment programs have long been thought not to be effective in lowering the recidivism among criminals; Martinson (1979). Researchers have done countless studies and surveys only to find out that many of these studies and programs work and nearly the same number of programs do not work, depending on what component was or was not a part of the studies. Knowing that all programs does not work for all criminals is a no brainer, however, finding a good mixture of what does work and for what percentage of criminals is a beginning to duplicate that program with a few minor adjustments in the programs.

Imagine being locked up in a cramped prison alongside thousands of other inmates just for committing a minor crime. When you finally become liberated from the strict institution that’s been barricading you from society, you find that you’re stripped of basic rights to education, welfare, and so on. Scary is it not? That’s the harsh reality behind mass incarceration. Mass incarceration has been an issue ever since the dawn of the “drug wars” back in the 80’s and 90’s. It resulted in millions of people getting locked up for minor crimes, mainly nonviolent drug crimes, which then led lengthy prison sentences due to mandatory sentencing laws such as the Crime Bill that Bill Clinton enacted in 1994 (BBC). Consequently, the prison population nearly quintupled and thousands of men went missing from society. What could fuel such motivation to lock away millions of people? In “The New Jim Crow”, Michelle Alexander holds a firm belief that the racist fictional character “Jim Crow” is still alive and that black men are being wrongfully locked away due to racial prejudice. Although she has compelling arguments on the topic of mass incarceration, they simply don’t account for the entire truth. Only a slight percentage of the prison population consists of inmates serving mandatory sentences and the truth behind mass incarceration ultimately results from the prevention of drug-related violence along with improperly motivated prosecutors.

Imagine being locked up in a cramped prison along side thousands of other inmates just for committing a minor crime. When you are finally liberated from the strict institution that’s been barricading you from society, you find that you’re stripped of basic rights to education, welfare, and so on. Scary is it not? Well, that’s the harsh reality behind mass incarceration. Mass incarceration has been an issue ever since the dawn of the “drug wars” back in the 80’s and 90’s. Millions of people were locked up for minor crimes, mostly nonviolent drug crimes, which resulted in lengthy prison sentences due to mandatory sentencing laws such as the Crime Bill that Bill Clinton enacted in 1994. As a result, the prison population nearly quintupled and many men went missing from society. What could fuel such motivation to lock away millions of people? In “The New Jim Crow”, Michelle Alexander holds a firm belief that the racist fictional character “Jim Crow” is secretly being kept alive and that many black men are being wrongfully locked away due to racial prejudice. Although she has some compelling arguments on the topic of mass incarceration, they’re simply not the case in today’s society. Only a small percentage of the prison population is made up of inmates serving mandatory sentences and the truth behind mass incarcerations ultimately comes down to the prevention of drug-related violence as well as improper prosecutors.

The United States is home to five percent of the world population, but 25 percent of the world’s prisoner. There must be a change to the current prison system which is doing more harm than good in American society and must be reformed. Reasons for this claim are that American prisons are too overcrowded with inmates, which creates a dangerous and unhuman environment. The cost to run a prison has gotten too expensive for tax payer pockets, and lastly the prison system is more as a punishment instead of rehabilitation with about sixteen percent of inmates most serious offence being drug charges. Prisons fall short of reforming criminals and the government is obligated to completely reform the prison systems in the United States.

Therefore, numerous interventions have been designed to address and redirect specific behaviors of delinquent youth who are at-risk for recidivism or who have been incarcerated and are facing greater involvement within the juvenile justice system (Youth.Gov, 2017). More importantly, not every intervention works with every youth offender. The key is to focus on each youth as an individual and not as a population.

In addition it is usually the fear of being caught that is more of a deterrent and that while crime detection rates are low, the threat of an unpleasant penalty, if caught, seems to be remote. The value of general deterrence is even more doubtful as potential offenders are rarely deterred by severe penalties passed on others. The main aim of rehabilitation is to reform the offender and rehabilitate him into society. It is a forward-looking aim, with the hopes that the offender’s behaviour will be altered by the penalty imposed, so that he or she will not re-offend in the future (it aims to reduce crime this way)

The type of punishment that deters crime most effectively is hard to determine. Each punishment is geared at preventing the offender from additional criminal activity, but is not necessarily effective in reducing the amount of crime in the United States. Most victims, and families of victims, are more concerned with seeking retribution. As with most issues of grave concern, the need to find a solution to the problem is a problem in itself. Prisons are violent places where criminals with a violent behavior or non-conforming attitude