Prison Overcrowding in the United States
Prison Current Issues in the United States Overcrowding Reasons for Overcrowding
Introduction to Prison Overcrowding
Prisons in the United States are crowded because a greater proportion of the American population is being sent to prison and because inmates remain in prison longer. Mandatory sentencing policies, which eliminate the possibility of probation or other alternatives to incarceration, contribute to this growing offender population. For example, California and other states have a so-called three-strikes-and-you’re-out sentencing policy. Under this policy offenders convicted of their third violent felony (the third strike) receive a mandatory life sentence without any possibility of parole. Mandatory sentences also apply to those convicted of using a dangerous weapon when committing a felony. Other laws also impose life sentences on nonviolent habitual offenders. Additionally, legislators have passed laws to guarantee that convicted drug offenders will receive longer sentences.
Policies that keep offenders in prison longer also contribute to prison overcrowding. Most states and the federal government have adopted sentencing practices that extend the average length of confinement for most inmates. Various states have changed their sentencing policies in order to obtain federal funding for their correctional and law enforcement services. In exchange for federal funds, states are obligated to make inmates serve at least 85 percent of their sentences before becoming eligible for parole. Numerous states have eliminated parole. Maine was the first state to abolish parole in 1976. Since parole no longer exists as a method by which inmates can receive early release, the inmate populations in these states have escalated. All of these changes in how offenders are punished have generally extended prison terms and increased prison overcrowding.” (1)
Resources
Notes and References
- Information about Prison Overcrowding in the Encarta Online Encyclopedia
Guide to Prison Overcrowding
Prison Current Issues in the United States Overcrowding Responses to Overcrowding
Introduction to Prison Overcrowding
Governments have devised several strategies to lessen or minimize prison overcrowding. Some of these methods are front-door solutions, meaning they pertain to policies and practices by criminal justice officials who deal with offenders before and during sentencing. Other responses are back-door solutions, involving strategies to reduce inmate populations through early release.
One example of a front-door solution is greater use of diversion. In diversion programs, prosecutors temporarily suspend prosecution of a case for a period of time in which the offender must meet certain conditions, such as remaining employed or drug-free. If the conditions are met, the case may be dropped or the charge may be reduced. Supporters of front-door solutions advocate greater use of probation by judges and more recommendations by prosecutors for leniency. Advocates of front-door solutions also suggest that courts emphasize restitution, community service, victim compensation (payments to the victim for losses resulting from the crime), and fines as the primary punishments, rather than incarceration. Other front-door solutions include greater use of plea bargaining; limiting incarceration to only those offenders deemed most dangerous; assigning judges a fixed number of prison spaces so that they might rearrange their sentencing priorities and incarcerate only the most serious offenders; and decriminalizing certain offenses to narrow the range of crimes for which offenders can be incarcerated.
An increasingly popular back-door solution to prison overcrowding has been to use local jails in selected jurisdictions as accommodations for prison inmate overflow. Various state prisons and the Federal Bureau of Prisons contract with large local jails to house some of their inmate overflow for a specific per-prisoner/per-day fee. Due to prison overcrowding, local jails house about 3 percent of all individuals sentenced to prison in the United States. Other back-door proposals include easing the eligibility criteria for early release or parole; changing the criteria for revoking parole in order to encourage fewer parole violations; allowing the governor or other officials to shorten the sentences of selected offenders; and expanding the number of community programs, including the use of intensively supervised parole for more serious offenders.” (1)
Resources
Notes and References
- Information about Prison Overcrowding in the Encarta Online Encyclopedia