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History of united states penitentiaries
The war on drugs and its effect on prisons
Mandatory minimum sentencing thesis
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Currently, according to Harrison and Beck (2005), the federal prison system has been operating for a substantial amount of time with an overcrowding rate of about forty percent (As cited in Bosworth, 2010). Clearly, this number remains to be quite troublesome for many as it is often difficult to attribute what originally caused this pattern to begin. Both, the changes in the political climate and in American law during the 1980’s were the leading causes as to why, overcrowding, for example, continues to occur in our prison system today. As mentioned above, prior to 1980, the United States had seen a relatively stable incarceration rate, however, by the time the rates began to grow, the society of the nation had been subjected to a radical period of social and political change. President Ronald Reagan played a substantial role in the demise of rehabilitation practices, as once he declared the War on Drugs in 1982, it profoundly …show more content…
Once the War on Drugs was announced under President Reagan’s administration, Congress had began to expand government by enacting new laws. For example, the newfound solution to indeterminate sentencing and most notable act to which had lead to the increase in imprisonment rates was the Sentencing Reform Act of 1984 to which had the most dramatic and wide ranging effect. The Sentencing Reform Act of 1984 alone had prevented federal judges and many state judges from utilizing their discretion in determining their response to a case and were directed to use a mandatory sentencing guideline, which set out minimum sentences for all those who took part in the same crime (Bosworth, 2010). Unable to see such circumstances, this inevitably lead to hardened punitive practice, which resulted in the ending of parole in the federal system, increasing prison sentences overall, and requiring the offenders to serve out their entire
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
After viewing the documentary: America's War on Drugs - The Prison Industrial Complex, it is clear that the Criminal Justice System is in desperate need of reconstruction and repair with policies such as the mandatory minimum sentencing act which has proven to be unsuccessful and unjust in its efforts to deter 'criminals from committing illegal acts' as seen with the increase of incarcerations of the American people and the devastating effect it has had on those in prison and the family members of those incarcerated.
Mandatory minimums for controlled substances were first implemented in the 1980s as a countermeasure for the hysteria that surrounded drugs in the era (“A Brief History,” 2014). The common belief was that stiff penalties discouraged people from using drugs and enhanced public safety (“A Brief History,” 2014). That theory, however, was proven false and rather than less illegal drug activity, there are simply more people incarcerated. Studies show that over half of federal prisoners currently incarcerated are there on drug charges, a 116 percent percentage rise since 1970 (Miles, 2014). Mass incarceration is an ever growing issue in the United States and is the result of policies that support the large scale use of imprisonment on
The majority of prisoners incarcerated in America are non-violent offenders. This is due mainly to mandatory minimum sentencing laws, which is a method of prosecution that gives offenders a set amount of prison time for a crime they commit if it falls under one of these laws, regardless of their individual case analysis. These laws began in the 1980s, when the use of illegal drugs was hitting an all time high (Conyers 379). The United States began enacting legislature that called for minimum sentencing in an effort to combat this “war on drugs.” Many of these laws give long sentences to first time offenders (Conyers). The “three strikes” law states that people convicted of drug crimes on three separate occasions can face life in prison. These laws were passed for political gain, as the American public was swept into the belief that the laws would do nothing other than help end the rampant drug crimes in the country. The laws are still in effect today, and have not succeeded to discourage people from using drugs. Almost fifty percent...
California has one of the most dysfunctional and problematic prison system in US. Over the last 30 years, California prison increased eightfolds (201). California Department of Correctional and Rehabilitation (CDCR) does little to reform prisoners and serve as human warehouse rather than a correction institution. California's prison system fails the people it imprisons and society it tries to protect. In many cases, California's prison system exacerbates the pre-existing problems and aids in the formation of new problems for prisoners. This paper discuses the criminogenic effects of overcrowding, and reduction/elimination of programs and how it negatively affects California and the ballooning prison population and possible remedies.
The United States of America has the world’s highest incarceration rates, for several reasons. The United States of America doesn’t necessarily possess any unique strict laws in comparison to other countries of the world, yet we still have the highest incarceration rate in the world. More federal level and state level prisons are built in order to control and hold more prisoners because most are reaching its full capacity. The United States of America’s “crime rates” increased about 40 years ago when there became a new focus in the areas of crime. The President of the United States of America at the time Richard Nixon used the term “a war on drugs” in order to shed light on public health due to substance abuse. Initially, these policies created
The proliferation of prison overcrowding has been a rising concern for the U.S. The growing prison population poses considerable health and safety risks to prison staffs and employees, as well as to inmates themselves. The risks will continue to increase if no immediate actions are taken. Whereas fighting proliferation is fundamentally the duty of the U.S. government, prison overcrowding has exposed that the U.S. government will need to take measures to combat the flaws in the prison and criminal justice system. Restructuring the government to combat the danger of prison overcrowding, specifically in California, thus requires reforms that reestablishes the penal codes, increases the state’s budget, and develops opportunities for paroles to prevent their return to prison. The following context will examine and discuss the different approaches to reduce the population of state prisons in California in order to avoid prison overcrowding.
The overpopulation in the prison system in America has been an on going problem in the United States for the past two decades. Not only does it effect the American people who are also the tax payers to fund all of the convicts in prisons and jails, but it also effects the prisoners themselves. Family members of the prisoners also come into effect. Overpopulation in prison cause a horrible chain reaction that causes nothing but suffering and problems for a whole bunch people. Yet through all the problems that lye with the overpopulation in prisons, there are some solutions to fix this ongoing huge problem in America.
Frantz, Michael. “Federal Prison Overcrowding-Costs, Reasons, and Alternatives!” PRLog. N.a., 12 Oct. 2011. Web. 18 Nov. 2013.
The past two decades have engendered a very serious and historic shift in the utilization of confinement within the United States. In 1980, there were less than five hundred thousand people confined in the nation’s prisons and jails. Today we have approximately two million and the numbers are still elevating. We are spending over thirty five billion annually on corrections while many other regime accommodations for education, health
To begin, Mandatory minimum sentences result in prison overcrowding, and based on several studies, it does not alleviate crime, for example crimes such as shoplifting or solicitation. These sentencing guidelines do not allow a judge to take into consideration the first time offender, differentiate the deviance level of the offender, and it does not allow for the judge to alter a punishment or judgment to each individual case. When mandatory sentencing came into effect, the drug lords they were trying to stop are not the ones being affected by the sentences. It is the nonviolent, low-level drug users who are overcrowding the prisons as a result of these sentences. Both the U.S. Sentencing Commission and the Department of Justice have determined that mandatory sentencing is not an effective way to deter crime. Studies show that mandatory minimums have gone downhill due to racial a...
The Judiciary Branch of the United States government is responsible for interpreting the law. Those involved with this branch determine the meaning of the laws and decide what to do with those who break them. Because of a drug movement that took place through the 1980s, the courts have severely punished those who break laws associated to drugs; Congress is now trying to step in to change the way the Judiciary Branch is forced to punish such criminals. Congress has been busy the past couple of years evaluating the proper sentencing of those convicted of drug crimes. Many men and women of Congress are joining forces in an attempt to come up with a solution to propose as an amendment. Our elected leaders believe the need for the reform of drug crimes is due because of the number of cases and number of years those convicted are spending in prisons. Because of the drug wars that took place in the United States, the minimum sentence has been set so high today. Drug reform is needed in the United States, and those convicted of drug crimes with improper sentences need to have their sentence reduced. 1
Overcrowding in our state and federal jails today has become a big issue. Back in the 20th century, prison rates in the U.S were fairly low. During the years later due to economic and political factors, that rate began to rise. According to the Bureau of justice statistics, the amount of people in prison went from 139 per 100,000 inmates to 502 per 100,000 inmates from 1980 to 2009. That is nearly 261%. Over 2.1 million Americans are incarcerated and 7.2 million are either incarcerated or under parole. According to these statistics, the U.S has 25% of the world’s prisoners. (Rick Wilson pg.1) Our prison systems simply have too many people. To try and help fix this problem, there needs to be shorter sentences for smaller crimes. Based on the many people in jail at the moment, funding for prison has dropped tremendously.
Trachtenberg, B. (2009, February). Incarceration policy strikes out: Exploding prison population compromises the U.S. justice system. ABA Journal, 66.
Firstly, in order to gain a better understanding of the problems that plague or correctional system we must fully understand the enormous overcrowding problem that exist in the majority of or state and federal prisons. Since 1980 the prison population has quadrupled and only the numb...