Today 's Criminal Justice Over The Past Few Decades

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 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 corrections system has gone through the medical model, the community model, and the crime control model over the last century. In the late eighteen hundreds, the belief that incarceration itself did not reduce crime was emerging. Community based sanctions, like probation and parole, were thought to be great additions and that they would work well in conjunction with incarceration. (Wodahl, 8) Between

The “get tough approach” to crime control has been prevalent since the 1960s. This approach takes the stance to a more firm and no tolerance policy against crime, hence the term “tough” in the actual title. “"Tough" crime control normally denotes more emphasis on police resources, faster apprehension of criminals, quick trials, and more severe sentences for guilty offenders” (Skoler 1971:29). The “get tough approach” emphasizes the need to arrest and punish criminals over rehabilitation and addressing the social factors that underlie criminal behavior (Barkan and Bryjak 2011). Deterrence of other criminals through severe punishments is the primary focus. The “get tough approach” of criminal justice institutions has been under scrutiny due to the outcomes that we will discuss further on. The purpose of this paper is to simply present the pros and cons that have resulted from the “get tough approach” on crime. The paper will try and remain completely unbiased to the “get tough approach” and solely focus on results that have come from said approach. We will begin by discussing the background and history of the “get tough approach” and what led to its development. We will then discuss things such as incarceration rates (US Department of Justice), crime rates (Dilulio 1995) juveniles in prison (Hinton 2015), policies that have been implemented (Shephard 2002), correctional costs, and destabilized urban neighborhoods (Barkan & Bryjak 2011; Black 2007; Mauer 2006) that result

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

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.

Due to the increase of correctional populations that continue to exceed its’ capacity, correctional alternatives were created. Correctional alternatives were to alleviate both prison crowding and the threat to public safety posed by serious offenders (Flores, Holsinger, Latessa, Lowenkamp, & Makarios, 2010). Rehabilitation in the 1970s was a variable correctional goal however by the 1980s intermediate sanctions developed . Intermediate sanctions consist of house arrest, electronic monitoring, boot camps, day reporting centers, intensive supervision probation or parole, community service, fines, and curfews (Tonry, 1990). These sanctions offer community based punishments that focus on deterrence, incapacitation, and retribution (Tonry, 1990).

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 Criminal Justice System has undergone numerous, yet significant, changes within the last century. In fact, current research reflects the progressive movement from one of rehabilitation to that of punishment and retribution. Such transition reflects issues pertaining to the management and supervision and treatment of offenders. This study will, therefore, consider and evaluate dilemmas within the Criminal Justice System, as well as, issues that have transpired while trying to reduce crime through punishment. Furthermore, the Criminal Justice System will be discussed through a law perspective regarding supervision and management in order to understand the current challenges and issues involving crime.

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

Over the years, many theorists have been considering alternative type sanctions for offenders, because of the ever growing issue of prison overcrowding of our jails at state, local and federal level. The use of alternative type sanctions seem to be growing, and is getting a second look from many prisons, and jails as an option for some offender. Also, “in addition to relieving jail and prison overcrowding, the level of risk many offenders represent is too much for probation, but

The purpose of Intermediate Sanctions (“IS”) is to enforce a higher degree of tangible punishment. Intermediate sanctions are a type of punishment utilized in our criminal justice system, which is an alternate sentencing for criminals. With the IS, it’s the median of punishment between probation and jail time. Furthermore, IS helps to ease the overcrowding and cost associated with incarceration. IS has a range of punishments with different levels of intrusiveness, control and administration.

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).

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

Intermediate sanctions are “correctional punishments other than imprisonment to reduce prison population.” (pg. 280) These punishments help introduce offenders back into their communities and help keep it safe. These