Tougher Sentencing for Drug Crimes

For many years, drugs have been the center of crime and the criminal justice system in the United States. Due to this widespread epidemic, President Richard Nixon declared the “War on Drugs” in 1971 with a campaign that promoted the prohibition of illicit substances and implemented policies to discourage the overall production, distribution, and consumption. The War on Drugs and the U.S. drug policy has experienced the most significant and complex challenges between criminal law and the values of today’s society. With implemented drug polices becoming much harsher over the years in order to reduce the overall misuse and abuse of drugs and a expanded federal budget, it has sparked a nation wide debate whether or not they have created more harm than good. When looking at the negative consequences of these policies not only has billions of dollars gone to waste, but the United States has also seen public health issues, mass incarceration, and violent drug related crime within the black market in which feeds our global demands and economy. With this failed approach for drug prohibition, there continues to be an increase in the overall production of illicit substances, high rate of violence, and an unfavorable impact to our nation.

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,

In the late 1980’s and early 1990’s, drug use became a major concern for most Americans. As the War on Drugs and “Just Say No” campaign were being thrust into the spotlight by the government and media, the public became more aware of the scope of drug use and abuse in this country. The federal and states’ governments quickly responded by creating and implementing more harsh and punitive punishments for drug offenses. Most of these laws have either remained unchanged or become stricter in the years since then.

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

This journal article discusses how the government has increased “mandatory sentencing” using “aggressive initiatives” for drug related crimes. Additionally, these government implemented sentencing guidelines have made the prison population grow

The War on Drugs is seen by many as an enormous factor of mass incarceration. There were more than 1.5 million drug arrests in the U.S. in 2014. More than 80% of them were for possession only (Drug Policy Alliance, 2017). 208,000 people are incarcerated for drug offenses in state prisons and 97,000 are incarcerated in federal prisons for the same reason. 1 in 5 incarcerated people are drug offenders (Peter Wagner, Bernadette Rabuy, 2017). According to Politifact, “The state and federal prison population remained fairly stable through the early 1970s, until the war on drugs began. Since then, it has increased sharply every year, particularly when Reagan expanded the policy effort in the 1980s, until about 2010…. In 1980, about 41,000 people were incarcerated for drug crimes, according to the Sentencing Project. In 2014, that number was about 488,400 — a 1,000 percent increase.” Even other factors, like

The War on Drugs is one cause for the mass incarceration that has become apparent within the United States. This refers to a drastic amount of people being imprisoned for mainly non-violent crime (“Mass Incarceration” 2016). In addition to people who are not an immediate threat to society being locked up for a substantial duration of time, the economic consequences are costing states and taxpayers millions of dollars. Specifically, every one in five people incarcerated is in prison due to some

Longer sentences has been a major cause of mass incarceration. Thus, changing how governments respond to all crime, not just drug crime, is critical to reducing the size of prison

The “War on Drugs” established that the impact of incarceration would be used as a weapon to combat the illegal drug problem in this country. Unfortunately, this war against drugs has fallen disproportionately on black Americans. “Blacks constitute 62.6% of all drug offenders admitted to state prisons in 1996, whereas whites constituted 36.7%. The drug offender admissions rate for black men ranges from 60 to an astonishing 1,146 per 100,000 black men. In contrast, the white rate begins at 6 and rises no higher than 139 per 100,000 white men. Drug offenses accounted for nearly two out of five of all black admissions to state prisons (Human Rights Watch, 2000).” The disproportionate rates at which black drug offenders are sent to prison originate in racially disproportionate rates of arrest.

Mass incarceration is a large-scale problem that has emerged in recent decades. The reason for this lies in new laws and policies that crackdown on drug-related offenses. Since these policies have taken effect, the percent of people in prisons and jails has grown by 500% (The Sentencing Project). The 2015 population of inmates in either prison or jail was 2,173,800, this makes the United States the world leader in number of incarcerated people (The Sentencing Project). However, the rise in jail and prison populations has not spanned equally among races. The population of prisoners in 2015 was 1,476,847, with 523,000 of those prisoners being African American (The Sentencing Project). African Americans make up 13% of the population in the United

Since the 1980s drug offenses have increased from nineteen thousand to two hundred sixty five thousand in 2008. For many years now, our jails have been struggling with overcrowding. In 2010, our President Barack Obama, signed the Fair Sentencing Act. The Fair Sentencing Act helps reduce disproportion between the amount of crack cocaine and powder cocaine. The act helps in determining whether a person who is caught with five grams of crack/ powder cocaine, should receive the same sentencing as someone who has one hundred times more than that. According to the National Governor’s Association, forty-six states were faced with a budget deficit. With the implementation of the Fair sentencing Act in place, we can begin to see the reduction in jail overcrowding.

A study discovered that "in 1992 alone, two-thirds of those admitted to state prisons for drug offenses were black. And the number of black males held in prisons, as a proportion of the adult population, nearly doubled from 3.5 percent in 1985 to 6.7 percent in 1994. (The corresponding number for whites in 1994 was only 0.9 percent)," (Loury). This again highlights the issue of racism involved in the way that drug enforcement is treated and the people who are targeted considering that white people and black people do use drugs at the same rate. The overpopulation of the United States’ prisons is costing taxpayers a high price and does not result in the lowering of crime rates of drug use or selling rates. The level of recidivism, which is when a prisoner is released and then returns back to prison on different charges, has stayed the same. The rate of recidivism remaining constant is evidence that imprisonment and harsh sentences are not effective in reducing the drug problem in the United

As agreed by Prisons: Problems and Prospects Prisons and the War on Drugs, “incarceration rates for murderers, robbers, and burglars have remained steady over the years, but the number of drug offenders who have been imprisoned has steadily escalated”. The “war on drugs” has, for the most part, added to prison overcrowding. However, it has particularly extended the degree of minorities who are sent to prison. Further readings by Nathan James (2016), “mandatory minimum penalties have contributed to the growing federal prison population”. In addition, this report also added some alternative to this development problem, “Even if Congress chooses not to repeal any mandatory minimum sentences, policymakers could review current mandatory minimum penalties to ensure that they are (1) not excessively severe, (2) narrowly tailored to apply only to those offenders who warrant such punishment, and (3) applied consistently” (James, 2016). “(1) Today narcotics offenders occupy 61% of the beds in federal prisons. (2) Meanwhile, 1 in 7 state facilities continues to operate beyond capacity. (3) Ohio leads the pack with a stunning 182% of capacity” (Smolowe, 1994).

Even though both races use drugs at roughly the same rates, African Americans are 13 times more likely to be incarcerated because of drug crimes than whites. (Dumont et al., 2013). The implemented sentencing policies such as the mandatory minimum and three strikes laws that tried to combat the war on drugs, contributed to the racial inconsistency in incarceration rates. The alteration of policies, prosecution, and sentencing caused the growth of incarceration rates, which dramatically increased the concentration of African Americans (Pettit and Sykes, 2015). The inequality of the racial discrepancy in incarceration rates between African Americans and whites needs to be addressed by the state

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