During the last couple of decades, the criminal justice system has turned away from rehabilitation programs and focused on deterrence. Deterrence Theory is from the classical school era and part of the rational choice theories. The deterrence theory states that crime can be controlled through the use of punishments that combine the proper degrees of certainty, severity, and celerity” (Cullen et al., 2014). During the 1970’s policy experts were skeptical that prisons could prevent crime through reforming inmates (Western, 2006). In the 1980’s the crack epidemic hit the United States and resulted in a number of social consequence. There was an increase in crime and violence in inner city neighborhoods, and the introduction of “get tough on …show more content…
Between the 1970’s and early 2000’s state and federal prisons grew sevenfold to house over a million convicted felons serving long term sentences. There were about seven million male adults under the supervision of the criminal justice system in 2003. African American males are eight times more likely to be incarcerated than whites for the same crimes (Western, 2006). Those with little to no schooling, and poor economic status are more likely to face incarceration rates. In the late 1960’s Sixty (60) percent of high school drop outs had a criminal record. Young minority men were seen as targets by politicians to incite “fear” and “deter” criminal behavior, with the goal of preventing crack from spreading to suburban neighborhoods. “Jobless ghettos, residues of deindustrialization, lured many young men into the drug trade and left others unemployed” (Western, 2006), transforming the path through adulthood. Crime was normalized, and deterrence came with age. Criminal behaviors recede with age due to the lure of adulthood, sequence of life course stages. Some of those stages are completing school, finding a job, getting marries and starting a family (Cullen et al.,
Increased tensions during the 1960s in the context of the Civil Rights Movement started to cause an increase in crime, sparking a newfound belief in incarcerating the masses to prevent more crime from occurring. During the 1970s, the likelihood of being incarcerated increased for nearly every citizen, especially low-level offenders. Clear and Frost thoroughly explain that the Punishment Imperative in the 1980s was caused by changes in government “policies and practices associated with the increasingly ubiquitous War on Drugs” (31). Changes in sentencing guidelines, mandatory minimum sentences, and three strikes legislation were though to be initially helpful in decreasing the rate of incarceration, but they proved to do the exact opposite. Policies also regarding reentry into society, access to education, public housing, and child custody for ex-convicts continued to play a major role in the increase in incarceration because newly released convicts had an extremely difficult time reintegrating into society. Clear and Frost continue to argue their point as they reach incapacitation in the 1990s, where they discuss how the government focused generally on increasing the lengths of stay within prisons instead of increasing the amount of people being incarcerated. Clear and Frost use quantitative data to explain the government policy called
Through the first chapter of this book the focus was primarily on the notion of controlling crime. The best way to describe crime policy used in this chapter is comparing it to a game of ‘heads I win, tails you lose’. This chapter also addresses the causes for decline in America’s
Drug policies stemming from the War on Drugs are to blame, more specifically, the mandatory minimum sentencing mandates on petty drug charges that have imprisoned millions of non-violent offenders in the last three decades. Since this declaration of war, the percentage of drug arrests that result in prison sentences (rather than probation, dismissal, or community service) has quadrupled, resulting in an unprecedented prison-building boom (Wyler, 2014). There are three main reasons mandatory minimum sentencing laws must be reformed: (1) They impose unduly harsh punishments on relatively low level offenders, leading to the mass incarceration epidemic. (2) They have proven to be cost ineffective fiscally and in crime and drug use reduction. (3) They perpetuate a racially segregated criminal justice system that destroys communities and discourages trust
Starting in 1970s, there has been an upward adjustment to sentencing making punishment more punitive and sentencing guidelines more strict. Martinson's (1974) meta-analyzies reviewed over 200 studies and concluded that nothing works in terms of rehabilitating prisoners. Rehabilitating efforts were discontinued. The War on Drugs campaign in 1970s incarcerated thousands of non-violent drug offenders into the system. In 1865, 34.3% of prison population were imprisoned for drug violation. By 1995, the percentage grew to 59.9% (figure 4.1, 104). Legislation policies like the Third Strikes laws of 1994 have further the severity of sentencing. The shift from rehabilitation to human warehouse marks the end of an era of trying to reform individuals and the beginnings of locking inmates without preparation of their release. Along with the reform in the 1970s, prosecutors are given more discretion at the expense of judges. Prosecutors are often pressure to be tough on crime by the socie...
In the wake of President Obama’s election, the United States seems to be progressing towards a post-racial society. However, the rates of mass incarceration of black males in America deem this to be otherwise. Understanding mass incarceration as a modern racial caste system will reveal the role of the criminal justice system in creating and perpetuating racial hierarchy America. The history of social control in the United States dates back to the first racial caste systems: slavery and the Jim Crow Laws. Although these caste systems were outlawed by the 13th amendment and Civil Rights Act respectively, they are given new life and tailored to the needs of the time.In other words, racial caste in America has not ended but has merely been redesigned in the shape of mass incarceration. Once again, the fact that more than half of the young black men in many large American cities are under the control of the criminal justice system show evidence of a new racial caste system at work. The structure of the criminal justice system brings a disproportionate number of young black males into prisons, relegating them to a permanent second-class status, and ensuring there chances of freedom are slim. Even when minorities are released from prisons, they are discriminated against and most usually end up back in prisons . The role of race in criminal justice system is set up to discriminate, arrest, and imprison a mass number of minority men. From stopping, searching, and arresting, to plea bargaining and sentencing it is apparent that in every phases of the criminal justice system race plays a huge factor. Race and structure of Criminal Justice System, also, inhibit the integration of ex offenders into society and instead of freedom, relea...
Throughout history, it has become very clear that the tough on crime model just does not work. As stated by Drago & Galbiati et al. In their article: Prison Conditions and Recidivism, although it is...
Mass incarceration has caused the prison’s populations to increase dramatically. The reason for this increase in population is because of the sentencing policies that put a lot of men and women in prison for an unjust amount of time. The prison population has be caused by periods of high crime rates, by the medias assembly line approach to the production of news stories that bend the truth of the crimes, and by political figures preying on citizens fear. For example, this fear can be seen in “Richard Nixon’s famous campaign call for “law and order” spoke to those fears, hostilities, and racist underpinnings” (Mauer pg. 52). This causes law enforcement to focus on crimes that involve violent crimes/offenders. Such as, gang members, drive by shootings, drug dealers, and serial killers. Instead of our law agencies focusing their attention on the fundamental causes of crime. Such as, why these crimes are committed, the family, and preventive services. These agencies choose to fight crime by establishing a “War On Drugs” and with “Get Tough” sentencing policies. These policies include “three strikes laws, mandatory minimum sentences, and juvenile waives laws which allows kids to be trialed as adults.
The past quarter century of American history has been profoundly impacted by the “war on drugs.” Ever since the Comprehensive Drug Abuse Prevention and Control Act of 1970 was passed by President Richard Nixon, the number of yearly incarcerations for drug violations has grown exponentially. America’s drug policies have cost billions of dollars and imprisoned hundreds of thousands of Americans, yet rates of drug, property, and violent crime have failed to decrease. Yassaman Saadatmand summates the consequences of Nixon’s policies: “Not only has the drug war failed to reduce violent and property crime, but it has also shifted criminal justice resources (the police, courts, prisons, probation officers, etc.) away from directly fighting violent and property crime.” The issue is further complicated by racial inequalities in the rates of drug use and crime. Whereas Whites consist the majority of the population of any state, they are outnumbered by African-Americans in both state and federal prisons (E. Ann Carson 2013). This incongruity is paralleled with many other races, such as an overrepresentation of Native Americans and an underrepresentation of Asians in rates of drug use. What causes this imbalance? What purpose do the higher rates of incarceration for certain minorities serve? As this topic is explored, it becomes evident that the racial disparity in drug crime is perpetuated by America’s legacy of bigotry and racism, capitalism, and a cycle of poverty.
Today, half of state prisoners are serving time for nonviolent crimes. Over half of federal prisoners are serving time for drug crimes. Mass incarceration seems to be extremely expensive and a waste of money. It is believed to be a massive failure. Increased punishments and jailing have been declining in effectiveness for more than thirty years. Violent crime rates fell by more than fifty percent between 1991 and 2013, while property crime declined by forty-six percent, according to FBI statistics. Yet between 1990 and 2009, the prison population in the U.S. more than doubled, jumping from 771,243 to over 1.6 million (Nadia Prupis, 2015). While jailing may have at first had a positive result on the crime rate, it has reached a point of being less and less worth all the effort. Income growth and an aging population each had a greater effect on the decline in national crime rates than jailing. Mass incarceration and tough-on-crime policies have had huge social and money-related consequences--from its eighty billion dollars per-year price tag to its many societal costs, including an increased risk of recidivism due to barbarous conditions in prison and a lack of after-release reintegration opportunities. The government needs to rethink their strategy and their policies that are bad
According to statistics since the early 1970’s there has been a 500% increase in the number of people being incarcerated with an average total of 2.2 million people behind bars. The increase in rate of people being incarcerated has also brought about an increasingly disproportionate racial composition. The jails and prisons have a high rate of African Americans incarcerated with an average of 900,000 out of the 2.2 million incarcerateed being African American. According to the Bureau of Justice Statistics 1 in 6 African American males has been incarcerated at some point in time as of the year 2001. In theory if this trend continues it is estimated that about 1 in 3 black males being born can be expected to spend time in prison and some point in his life. One in nine African American males between the ages of 25 and 29 are currently incarcerated. Although the rate of imprisonment for women is considerably lower than males African American women are incarc...
Each state is responsible for controlling crime. One area many states wanted to focus their efforts to combat crime was against violent offenders. In the 1980s, States enacted tougher punishments for violent offenders in efforts to lessen the disparity among sentences. These efforts included mandatory minimum sentences and Truth-in-sentencing. In 1994, the Violent Crime Cont...
Deterrence is a very effective method in achieving the goals of criminal sentencing. If society knows its punishment for a crime, this may be the entire deterrent necessary to prevent a crime from happening. However, if the crime is still committed then society must do what is required to deter the next possible criminal from performing the criminal act. This could be a vital step in the ongoing battle between the good guys and the bad guys.
According to the Oxford Index, “whether called mass incarceration, mass imprisonment, the prison boom, or hyper incarceration, this phenomenon refers to the current American experiment in incarceration, which is defined by comparatively and historically extreme rates of imprisonment and by the concentration of imprisonment among young, African American men living in neighborhoods of concentrated disadvantage.” It should be noted that there is much ambiguity in the scholarly definition of the newly controversial social welfare issue as well as a specific determination in regards to the causes and consequences to American society. While some pro arguments cry act as a crime prevention technique, especially in the scope of the “war on drugs’.
The reason for overcrowding is the disproportionate amount of black men to white. It is evident that,“Communities of color are politically marginalized by laws that disenfranchise voters for felony convictions and provide economic incentives for rural communities to embrace prisons as a form of economic development” (Smalls). This ties in with the war on drugs, the police targeted young black men as a method to keep them off of the streets,“...the consequence of criminal justice policies and law enforcement actions that disproportionately target young black men from economically disadvantaged urban communities” (Warde 463). Young black men from poor families are stopped because they look suspicious and arrested for a maximum sentence on minor charges. This problem in the U.S. legal department shows the long-standing segregation and tension between black America and law enforcement.
illicit drug strategy since World War II (Tonry, 2011). Whether intended or not, many negative outcomes of drug policy, including mass incarceration, societal disenfranchisement, and community and family breakdown, have long disproportionately impacted the health and social standing of Blacks in the United States (Alexander, 2010). For 40 years, the nation has watch the African American community be adversely, and disproportionately affect by the “war on drug” policies. Policies that produced many racial sanctions that have contributed to the large mass incarceration in America. The U.S has 5% of the world’s population however 25% of the world’s prisoner population. Together, African American and Hispanics comprised 58% of all prisoners in 2008, even though African Americans and Hispanics make up approximately one quarter of the US population (NAACP,