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Mass incarceration in america essay
History of Criminal justice in america
Mass incarceration in america essay
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Historically speaking, prisons and jails were not meant as a means of punishment, but rather a holding cell to confine the accused until his/her punishment was arranged and administered. As we can see, the modern criminal justice and penal system has evolved considerably from the initial purpose of temporary confinement to a means of removing an offender from society to deliver rehabilitation and structure through confinement so that the offender may integrate back into society as well-functioning law abiding citizen. It appears however, that all too often offenders are sent to prison and forgotten about until their release day, completely by-passing any rehabilitation programs or efforts. This is likely a reason behind the United States of …show more content…
According to an article on wisegeek.com, advocates for alternative sentencing programs believe that these programs provide a cheaper way of dealing with the already overcrowded prison system, and in some cases, the alternative punishment may be more appropriate for offenders convicted of petty crime or first time offenders of non-violent crimes. More blatantly put, “Alternative sentences allow a middle ground and create a continuum of punishments that is responsive to a range of criminality. For this reason, alternative sentences are sometimes referred to as intermediate or middle-range sanctions.” (Czajkowski, 2017) It is because of these reasons in addition to the current population of the U.S. prison system, that we see alternative sentencing programs being used more often than not. With that said, I would like to discuss several different programs that have proven to be successful rehabilitative alternatives to incarceration, these being: court ordered community service, mental-health courts, drug-courts, fines, restitution, and
Every civilization in history has had rules, and citizens who break them. To this day governments struggle to figure out the best way to deal with their criminals in ways that help both society and those that commit the crimes. Imprisonment has historically been the popular solution. However, there are many instances in which people are sent to prison that would be better served for community service, rehab, or some other form of punishment. Prison affects more than just the prisoner; the families, friends, employers, and communities of the incarcerated also pay a price. Prison as a punishment has its pros and cons; although it may be necessary for some, it can be harmful for those who would be better suited for alternative means of punishment.
Throughout his novel, Texas Tough: The Rise of America’s Prison Empire, author and professor Robert Perkinson outlines the three current dominant purposes of prison. The first, punishment, is the act of disciplining offenders in an effort to prevent them from recommitting a particular crime. Harsh punishment encourages prisoners to behave because many will not want to face the consequences of further incarceration. While the purpose of punishment is often denounced, many do agree that prison should continue to be used as a means of protecting law-abiding citizens from violent offenders. The isolation of inmates, prison’s second purpose, exists to protect the public. Rehabilitation is currently the third purpose of prison. Rehabilitation is considered successful when a prisoner does n...
One of those many changes was the separation of conventional rehabilitative methods to accepting new intermediate sanctions. “The rationale for intermediate punishments was based, in part, on the assumption that a wider range of sentencing options would allow judges to better match the punishments they issued to the seriousness of the offences committed” (Petersen and Palumbo, 1997). Intermediate sanctions are alternate punishments which fall between regular probation and incarceration. This can include community based treatment programs, in-patient drug treatment programs, house arrest, electronic monitoring, boot camps, and intense supervision. Some of the offenders may be required to attend therapy sessions whether that be family therapy, drug and alcohol therapy, or cognitive behavioral therapy. Other recommendations/ likely requirements would be parenting classes, mentoring programs, and interpersonal skill
All in all, intermediate sanctions has been shown to be an effective alternative to prison. The benefits of reducing overcrowding, saving on cost, and giving the offender what they need sure enough makes it worth looking at. Along with that, the options that it provides as far as sentencing gives prosecutor and judges the ability to choose their outcome for most cases. These programs all prove to be all well and good with the exception of some programs like bootcamps but still effective nonetheless.
Intermediate sanctions are a new punishment option developed to fill the gap between traditional probation and traditional jail or prison sentences and to better match the severity of punishment to the seriousness of the crime. Intermediate sanctions served in the community now account for 15 percent of adjudicated juvenile cases (Puzzanchera, Adams, and Sickmund, 2011). All intermediate sanctions are enforced by the United States Criminal Justice System. The main purposes of intermediate sanctions: (1) better match the severity of punishment to the seriousness of the crime, (2) reduce institutional crowding, (3) control correctional costs. Primarily, this is a needed method of punishment to make offenders accountable for the extent of crime and if so let offenders live in their communities to fulfil punishment if not too extensive.
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
Mandatory sentencing is not anything new. It began in the 1970s. The main purpose for mandatory sentencing was to try to get rid of the drug lords and to eliminate most of the nation’s street drug selling. It was to impose that the same crime would have the same sentence all over the nation. Some of the negatives that rose from mandatory sentencing were nonviolent drug offenders and first time offenders who were receiving harsh sentences. Inmate populations and correction costs increased and pushed states to build more prisons. Judges were overloaded with these cases, and lengthy prison terms were mandated to these young offenders. Mandatory sentencing is an interesting topic in which I would like to discuss my opinions in going against mandatory sentencing. I will show the reasons for this topic, as well as give you my personal brief on which I support.
Mandatory minimum sentencing is the practice of requiring a predetermined prison sentence for certain crimes. The most notable mandatory minimums are the ones implemented in the 70’s and 80’s, hoping to combat the rising drug problem. Mandatory minimum sentencing has existed in the United States nearly since its very birth, with the first mandatory minimums being put into place around 1790. Recently, as the marijuana laws of many states have scaled back in severity, the issue of mandatory minimums has caused controversy in the US. There are two distinct sides to the argument surrounding mandatory minimum sentencing. One group believes we have a moral obligation to our country requiring us to do no less than lock up anyone with illegal drugs
The Criminal Justice system was established to achieve justice. Incarceration and rehabilitation are two operations our government practices to achieve justice over criminal behavior. Incarceration is the punishment for infraction of the law and in result being confined in prison. It is more popular than rehabilitation because it associates with a desire for retribution. However, retribution is different than punishment. Rehabilitation, on the other hand is the act of restoring the destruction caused by a crime rather than simply punishing offenders. This may be the least popular out of the two and seen as “soft on crime” however it is the only way to heal ruptured communities and obtain justice instead of punishing and dispatching criminals
More are sentencing options are great because just like every person is different, so is the crime. Prison may not always be the most effective response for people, so If courts have options other than incarceration, “they can better tailor a cost-effective sentence that fits the offender and the crime, protects the public, and provides rehabilitation” (FAMM, 2011). Findings have also proven that alternative saves taxpayers money. “It costs over $28,000 to keep one person in federal prison for one year1 (some states’ prison costs are much higher). Alternatives to incarceration are cheaper, help prevent prison and jail overcrowding, and save taxpayers millions” (FAMM, 2011, para. 3). Lastly, alternatives protect the public by reducing crime. There is a 40% chance that all people leaving prison will go back within three years of their release (FAMM, 2011). “Alternatives to prison such as drug and mental health courts are proven to confront the underlying causes of crime (i.e., drug addiction and mental illness) and help prevent offenders from committing new crimes” (FAMM, 2011, para.
The proliferation of harsh mandatory sentencing policies has inhibited the ability of courts to sentence offenders in a way that permits a more "problem solving" approach to crime, as we can see in the most recent community policing and drug court movements today. By eliminating any consideration of the factors contributing to crime and a range of responses, such sentencing policies fail to provide justice for all. Given the cutbacks in prison programming and rates of recidivism, in some cases over 60% or more, the increased use of incarceration in many respects represents a commitment to policies that are both ineffective and unfair. I believe in equal, fair and measured punishment for all. I don't advocate a soft, or a hard approach to punishment. But we must take a more pragmatic look at what the consequences of our actions are when we close our e...
The sentencing process is created by some of the legislative party, who use their control to decide on the type of criminal punishment. The sentencing guidelines for the judges to go by can be different depending on the jurisdiction and can include different sentencing such as “diversionary programs, fines, probation, intermediate sanctions, confinement in jail, incarceration in a state or federal prison, and the death penalty” (Siegel & Bartollas, 2011, p. 40). In some jurisdictions the death penalty is not included as one of the punishments. Being sentenced is step one of the correction process and is in place to discourage repeat offenders (Siegel & Bartollas, 2011, p. 40). Depending on the crime committed the offender can be sentenced to a consecutive sentence or a concurrent sentence. If an offender is charged for committing more than one crime the judge can give the offender a concurrent sentence where both charges are served at the same time. If an offender is charged for committing more than one crime the offender can be giving a sentenced where he has to serve time for each crime one after the other (Siegel & Worrall, 2013, p. 210). Once the offender has been sentenced from there you will be able to determine if the sentence is indeterminate or determinate.
With the substantial increase in prison population and various changes that plague correctional institutions, government agencies are finding that what was once considered a difficult task to provide educational programs, inmate security and rehabilitation programs are now impossible to accomplish. From state to state, each correctional organization is coupled with financial problems that have depleted the resources to assist in providing the quality of care in which the judicial system demands from these state and federal prisons. Judges, victims, and prosecuting attorneys entrust that once an offender is turned over to the correctional system, that the offender will receive the punishment imposed by the court, be given services that aid in the rehabilitation of those offenders that one day will be released back into society, and to act as a deterrent to other criminals contemplating criminal acts that could result in their incarceration. Has our nation’s correctional system finally reached it’s critical collapse, and as a result placed American citizens in harm’s way to what could result in a plethora of early releases of inmates to reduce the large prison populations in which independent facilities are no longer able to manage? Could these problems ultimately result in a drastic increase in person and property crimes in which even our own law enforcement is ineffective in controlling these colossal increases in crime against society?
All over America, crime is on the rise. Every day, every minute, and even every second someone will commit a crime. Now, I invite you to consider that a crime is taking place as you read this paper. "The fraction of the population in the State and Federal prison has increased in every single year for the last 34 years and the rate for imprisonment today is now five times higher than in 1972"(Russell, 2009). Considering that rate along crime is a serious act. These crimes range from robbery, rape, kidnapping, identity theft, abuse, trafficking, assault, and murder. Crime is a major social problem in the United States. While the correctional system was designed to protect society from offenders it also serves two specific functions. First it can serve as a tool for punishing the offender. This involves making the offender pay for his/her crime while serving time in a correctional facility. On the other hand it can serve as a place to rehabilitate the offender as preparation to be successful as they renter society. The U.S correctional system is a quite controversial subject that leads to questions such as how does our correctional system punish offenders? How does our correctional system rehabilitate offenders? Which method is more effective in reducing crime punishment or rehabilitation? Our correctional system has several ways to punish and rehabilitate offenders.
Prison was designed to house and isolate criminals away from the society in order for our society and the people within it to function without the fears of the outlaws. The purpose of prison is to deter and prevent people from committing a crime using the ideas of incarceration by taking away freedom and liberty from those individuals committed of crimes. Prisons in America are run either by the federal, states or even private contractors. There are many challenges and issues that our correctional system is facing today due to the nature of prisons being the place to house various types of criminals. In this paper, I will address and identify three major issues that I believe our correctional system is facing today using my own ideas along with the researches from three reputable outside academic sources.