Lauren E. Glaze
December 15, 2011 NCJ 236319
Presents statistics on the number of offenders under the
supervision of adult correctional authorities in the United States at
yearend 2010. Persons supervised by adult correctional authorities
include those in the community under the authority of probation or
parole agencies that supervise adults and those incarcerated in state or
federal prisons or local jails. The report provides the change in the
total correctional population, by correctional status, during 2010. It
also examines the impact of the changes in the community supervision and
incarcerated populations during the year on the change observed in the
total correctional population. Highlights include the following: - During 2010, the number of persons under supervision of adult
correctional authorities declined by 1.3% (91,700 offenders), reaching
7.1 million at yearend.
- About 7 in 10 persons under the supervision of adult
correctional systems were supervised in the community (4,887,900) on
probation or parole at yearend 2010, while about 3 in 10 were
incarcerated (2,266,800) in local jails or in the custody of state or
federal prisons.
- About three-quarters of the decline in the total correctional
population (down 91,700) during 2010 was attributed to the decline in
the number of probationers (down 69,500) during the year.
Part of the Correctional Populations in the United States Series Rough justice in America Too many laws, too many prisoners
http://www.economist.com/node/16636027
Never in the civilised world have so many been locked up for so little
Jul 22nd 2010 | Spring, Texas
| from the print edition
THREE pickup trucks pulled up outside George Norris’s home in Spring,
Texas. Six armed police in flak jackets jumped out. Thinking they must
have come to the wrong place, Mr Norris opened his front door, and was
startled to be shoved against a wall and frisked for weapons. He was
forced into a chair for four hours while officers ransacked his house.
They pulled out drawers, rifled through papers, dumped things on the
floor and eventually loaded 37 boxes of Mr Norris’s possessions onto
their pickups. They refused to tell him what he had done wrong. “It
wasn’t fun, I can tell you that,” he recalls.
Mr Norris was 65 years old at the time, and a collector of orchids.
He eventually discovered that he was suspected of smuggling the flowers
into America, an offence under the Convention on International Trade in
Endangered Species. This came as a shock. He did indeed import flowers
and sell them to other orchid-lovers. And it was true that his suppliers
in Latin America were sometimes sloppy about their paperwork. In a
shipment of many similar-looking plants, it was rare for each permit to
match each orchid precisely.
In March 2004, five months after the raid, Mr Norris was indicted,
handcuffed and thrown into a cell with a suspected murderer and two
suspected drug-dealers. When told why he was there, “they thought it
hilarious.” One asked: “What do you do with these things? Smoke ’em?”
In this section Related topics
Prosecutors described Mr Norris as the “kingpin” of an
international smuggling ring. He was dumbfounded: his annual profits
were never more than about $20,000. When prosecutors suggested that he
should inform on other smugglers in return for a lighter sentence, he
refused, insisting he knew nothing beyond hearsay.
He pleaded innocent. But an undercover federal agent had ordered some
orchids from him, a few of which arrived without the correct papers.
For this, he was charged with making a false statement to a government
official, a federal crime punishable by up to five years in prison.
Since he had communicated with his suppliers, he was charged with
conspiracy, which also carries a potential five-year term.
As his legal bills exploded, Mr Norris reluctantly changed his plea
to guilty, though he still protests his innocence. He was sentenced to
17 months in prison. After some time, he was released while his appeal
was heard, but then put back inside. His health suffered: he has
Parkinson’s disease, which was not helped by the strain of imprisonment.
For bringing some prescription sleeping pills into prison, he was put
in solitary confinement for 71 days. The prison was so crowded, however,
that even in solitary he had two room-mates.
A long love affair with lock and key
Justice is harsher in America than in any other rich country. Between
2.3m and 2.4m Americans are behind bars, roughly one in every 100
adults. If those on parole or probation are included, one adult in 31 is
under “correctional” supervision. As a proportion of its total
population, America incarcerates five times more people than Britain,
nine times more than Germany and 12 times more than Japan. Overcrowding
is the norm. Federal prisons house 60% more inmates than they were
designed for. State lock-ups are only slightly less stuffed.
The system has three big flaws, say criminologists. First, it puts
too many people away for too long. Second, it criminalises acts that
need not be criminalised. Third, it is unpredictable. Many laws,
especially federal ones, are so vaguely written that people cannot
easily tell whether they have broken them.
In 1970 the proportion of Americans behind bars was below one in 400,
compared with today’s one in 100. Since then, the voters, alarmed at a
surge in violent crime, have demanded fiercer sentences. Politicians
have obliged. New laws have removed from judges much of their discretion
to set a sentence that takes full account of the circumstances of the
offence. Since no politician wants to be tarred as soft on crime, such
laws, mandating minimum sentences, are seldom softened. On the contrary,
they tend to get harder.
Some criminals belong behind bars. When a habitual rapist is locked
up, the streets are safer. But the same is not necessarily true of petty
drug-dealers, whose incarceration creates a vacancy for someone else to
fill, argues Alfred Blumstein of Carnegie Mellon University. The number
of drug offenders in federal and state lock-ups has increased 13-fold
since 1980. Some are scary thugs; many are not.
Michelle Collette of Hanover, Massachusetts, sold Percocet, a
prescription painkiller. “I was planning to do it just once,” she says,
“but the money was so easy. And I thought: it’s not heroin.” Then she
became addicted to her own wares. She was unhappy with her boyfriend,
she explains, but did not want to split up with him, because she did not
want their child to grow up fatherless, as she had. So she popped pills
to numb the misery. Before long, she was taking 20-30 a day.
When Ms Collette and her boyfriend, who also sold drugs, were
arrested in a dawn raid, the police found 607 pills and $901 in cash.
The boyfriend fought the charges and got 15 years in prison. In a plea
bargain Ms Collette was sentenced to seven years, of which she served
six.
“I don’t think this is fair,” said the judge. “I don’t think this is
what our laws are meant to do. It’s going to cost upwards of $50,000 a
year to have you in state prison. Had I the authority, I would send you
to jail for no more than one year…and a [treatment] programme after
that.” But mandatory sentencing laws gave him no choice.
Massachusetts is a liberal state, but its drug laws are anything but.
It treats opium-derived painkillers such as Percocet like hard drugs,
if illicitly sold. Possession of a tiny amount (14-28 grams, or ½-1
ounce) yields a minimum sentence of three years. For 200 grams, it is 15
years, more than the minimum for armed rape. And the weight of the
other substances with which a dealer mixes his drugs is included in the
total, so 10 grams of opiates mixed with 190 grams of flour gets you 15
years.
Ms Collette underwent drug treatment before being locked up, and is
now clean. But in prison she found she was pregnant. After going through
labour shackled to a hospital bed, she was allowed only 48 hours to
bond with her newborn son. She was released in March, found a job in a
shop, and is hoping that her son will get used to having her around.
Rigid sentencing laws shift power from judges to prosecutors,
complains Barbara Dougan of Families Against Mandatory Minimums, a
pressure-group. Even the smallest dealer often has enough to trigger a
colossal sentence. Prosecutors may charge him with selling a smaller
amount if he agrees to “reel some other poor slob in”, as Ms Dougan puts
it. He is told to persuade another dealer to sell him just enough drugs
to trigger a 15-year sentence, and perhaps to do the deal near a
school, which adds another two years.
Severe drug laws have unintended consequences. Less than half of
American cancer patients receive adequate painkillers, according to the
American Pain Foundation, another pressure-group. One reason is that
doctors are terrified of being accused of drug-trafficking if they
over-prescribe. In 2004 William Hurwitz, a doctor specialising in the
control of pain, was sentenced to 25 years in prison for prescribing
pills that a few patients then resold on the black market. Virginia’s
board of medicine ruled that he had acted in good faith, but he still
served nearly four years.
Half the states have laws that lock up habitual offenders for life.
In some states this applies only to violent criminals, but in others it
applies even to petty ones. Some 3,700 people who committed neither
violent nor serious crimes are serving life sentences under California’s
“three strikes and you’re out” law. In Alabama a petty thief called
Jerald Sanders was given a life term for pinching a bicycle. Alabama’s
judges are elected, as are those in 32 other states. This makes them
mindful of public opinion: some appear in campaign advertisements waving
guns and bragging about how tough they are.
Watching hairs go white, and lifetimes ebb away
Many Americans assume that white-collar criminals get off lightly,
but many do not. Granted, they may be hard to catch and can often afford
good lawyers. But federal prosecutors can file many charges for what is
essentially one offence. For example, they can count each e-mail sent
by a white-collar criminal in the course of his criminal activity as a
separate case of wire fraud, each of which carries a maximum sentence of
20 years. The decades soon add up. Sentences depend partly on the size
of the loss and the number of people affected, so if you work for a big,
publicly traded company, you break a rule and the share-price drops,
watch out.
Eternal punishment
Jim Felman, a defence lawyer in Tampa, Florida, says America is
conducting “an experiment in imprisoning first-time non-violent
offenders for periods of time previously reserved only for those who had
killed someone”. One of Mr Felman’s clients, a fraudster called Sholam
Weiss, was sentenced to 845 years. “I got it reduced to 835,” sighs Mr
Felman. Faced with such penalties, he says, the incentive to co-operate,
which means to say things that are helpful to the prosecution, is
overwhelming. And this, he believes, “warps the truth-seeking function”
of justice.
Innocent defendants may plead guilty in return for a shorter sentence
to avoid the risk of a much longer one. A prosecutor can credibly
threaten a middle-aged man that he will die in a cell unless he gives
evidence against his boss. This is unfair, complains Harvey Silverglate,
the author of “Three Felonies a Day: How the Feds Target the Innocent”.
If a defence lawyer offers a witness money to testify that his client
is innocent, that is bribery. But a prosecutor can legally offer
something of far greater value—his freedom—to a witness who says the
opposite. The potential for wrongful convictions is obvious.
Badly drafted laws create traps for the unwary. In 2006 Georgia
Thompson, a civil servant in Wisconsin, was sentenced to 18 months in
prison for depriving the public of “the intangible right of honest
services”. Her crime was to award a contract (for travel services) to
the best bidder. A firm called Adelman Travel scored the most points (on
an official scale) for price and quality, so Ms Thompson picked it. She
ignored a rule that required her to penalise Adelman for a slapdash
presentation when bidding. For this act of common sense, she served four
months. (An appeals court freed her.)
The “honest services” statute, if taken seriously, “would seemingly
cover a salaried employee’s phoning in sick to go to a ball game,” fumes
Antonin Scalia, a Supreme Court justice. The Supreme Court ruled
recently that the statute was so vague as to be unconstitutional. It did
not strike it down completely, but said it should be applied only in
cases involving bribery or kickbacks. The challenge was brought by
Enron’s former boss, Jeff Skilling, who will not go free despite his
victory, and Conrad Black, a media magnate released this week on bail
pending an appeal, who may.
There are over 4,000 federal crimes, and many times that number of
regulations that carry criminal penalties. When analysts at the
Congressional Research Service tried to count the number of separate
offences on the books, they were forced to give up, exhausted. Rules
concerning corporate governance or the environment are often impossible
to understand, yet breaking them can land you in prison. In many
criminal cases, the common-law requirement that a defendant must have a mens rea (ie, he must or should know that he is doing wrong) has been weakened or erased.
“The founders viewed the criminal sanction as a last resort, reserved
for serious offences, clearly defined, so ordinary citizens would know
whether they were violating the law. Yet over the last 40 years, an
unholy alliance of big-business-hating liberals and tough-on-crime
conservatives has made criminalisation the first line of attack—a way to
demonstrate seriousness about the social problem of the month, whether
it’s corporate scandals or e-mail spam,” writes Gene Healy, a
libertarian scholar. “You can serve federal time for interstate
transport of water hyacinths, trafficking in unlicensed dentures, or
misappropriating the likeness of Woodsy Owl.”
“You’re (probably) a federal criminal,” declares Alex Kozinski, an
appeals-court judge, in a provocative essay of that title. Making a
false statement to a federal official is an offence. So is lying to
someone who then repeats your lie to a federal official. Failing to
prevent your employees from breaking regulations you have never heard of
can be a crime. A boss got six months in prison because one of his
workers accidentally broke a pipe, causing oil to spill into a river.
“It didn’t matter that he had no reason to learn about the [Clean Water
Act’s] labyrinth of regulations, since he was merely a
railroad-construction supervisor,” laments Judge Kozinski.
Society wants retribution
Such cases account for only a tiny share of the Americans behind
bars, but they still matter. When so many people are technically
breaking the law, it is up to prosecutors to decide whom to pursue. No
doubt most prosecutors choose wisely. But members of unpopular groups
may not find that reassuring. Ms Thompson, for example, was prosecuted
just before an election, at a time when allegations of public corruption
in Wisconsin were in the news. Some prosecutors, such as Eliot Spitzer,
the disgraced ex-governor of New York, have built political careers by
nailing people whom voters don’t like, such as financiers.
Prison deters? Not much, not the worst
Some people argue that the system works: that crime has fallen in the
past two decades because the bad guys are either in prison or scared of
being sent there. Caged thugs cannot break into your home. Bernie
Madoff’s 150-year sentence for running a Ponzi scam should deter
imitators. And indeed the crime rate continues to drop, despite the
recession, as Michael Rushford of the Criminal Justice Legal Foundation,
an advocacy group, points out. This, he says, is because habitual
criminals face serious consequences. Some research supports him: after
raking through decades of historical data, John Donohue of Yale Law
School estimates that a 10% increase in imprisonment brings a 2%
reduction in crime.
Others disagree. Using more recent data, Bert Useem of Purdue
University and Anne Piehl of Rutgers University estimate that a 10%
increase in the number of people behind bars would reduce crime by only
0.5%. In the states that currently lock up the most people, imprisoning
more would actually increase crime, they believe. Some inmates emerge
from prison as more accomplished criminals. And raising the
incarceration rate means locking up people who are, on average, less
dangerous than the ones already behind bars. A recent study found that,
over the past 13 years, the proportion of new prisoners in Florida who
had committed violent crimes fell by 28%, whereas those inside for
“other” crimes shot up by 189%. These “other” crimes were non-violent
ones involving neither drugs nor theft, such as driving with a suspended
licence.
And now the reckoning, in dollars
Crime is a young man’s game. Muggers over 30 are rare. Ex-cons who go
straight for a few years generally stay that way: a study of 88,000
criminals by Mr Blumstein found that if someone was arrested for
aggravated assault at the age of 18 but then managed to stay out of
trouble until the age of 22, the risk of his offending was no greater
than that for the general population. Yet America’s prisons are crammed
with old folk. Nearly 200,000 prisoners are over 50. Most would pose
little threat if released. And since people age faster in prison than
outside, their medical costs are vast. Human Rights Watch, a
lobby-group, talks of “nursing homes with razor wire”.
Jail is expensive. Spending per prisoner ranges from $18,000 a year
in Mississippi to about $50,000 in California, where the cost per pupil
is but a seventh of that. “[W]e are well past the point of diminishing
returns,” says a report by the Pew Center on the States. In Washington
state, for example, each dollar invested in new prison places in 1980
averted more than nine dollars of criminal harm (using a somewhat
arbitrary scale to assign a value to not being beaten up). By 2001, as
the emphasis shifted from violent criminals to drug-dealers and thieves,
the cost-benefit ratio reversed. Each new dollar spent on prisons
averted only 37 cents’ worth of harm.
Since the recession threw their budgets into turmoil, many states
have decided to imprison fewer people, largely to save money.
Mississippi has reduced the proportion of their sentences that
non-violent offenders are required to serve from 85% to 25%. Texas is
making greater use of non-custodial penalties. New York has repealed
most mandatory minimum terms for drug offences. In all, the number of
prisoners in state lock-ups fell by 0.3% in 2009, the first fall since
1972. But the total number of Americans behind bars still rose slightly,
because the number of federal prisoners climbed by 3.4%.
A less punitive system could work better, argues Mark Kleiman of the
University of California, Los Angeles. Swift and certain penalties deter
more than harsh ones. Money spent on prisons cannot be spent on more
cost-effective methods of crime-prevention, such as better policing,
drug treatment or probation. The pain that punishment inflicts on
criminals themselves, on their families and on their communities should
also be taken into account.
“Just by making effective use of things we already know how to do, we
could reasonably expect to have half as much crime and half as many
people behind bars ten years from now,” says Mr Kleiman. “There are a
thousand excuses for failing to make that effort, but not one good
reason.”
| | Useful Links: http://thiscantbehappening.net/node/545Mass Incarceration Creates Costly Disaster Across America
Mon, 04/04/2011 - 07:18 — washington
Herman Garner doesn’t dispute the drug charge that slammed him in prison for nine years.
Garner does dispute the damning circumstance that doing the
time for his crime still leaves him penalized despite his having ended
his sentence in the penal system.
Garner carries the “ex-con” stain.
That status slams employment doors shut in his face despite his having a MBA Degree and two years of law school.
“I’ve applied for jobs at thousands of places in person and on the
internet, but I’m unable to get a job,” said Garner, a Cleveland, Ohio
resident who recently published a book about his prison/life experiences
titled Wavering Between Extremes.
Recently Garner joined hundreds of people attending a day-long
conference at Princeton University entitled “Imprisonment Of A Race,”
that featured presentations by scholars and experts on the devastating,
multi-faceted impact of mass incarceration across America.
For most felons, the punishment extends well beyond the completion of the sentence
The U.S. imprisons more people per capita than any country on earth,
accounting for 25 percent of the world’s prisoners, despite having just
five percent of the world’s population.
America currently holds over two million in prisons with double that
number under supervision of parole and probation, according to federal
government figures.
Mass incarceration consumes over $50-billion annually across America –
money far better spent on creating jobs and improving education.
Under federal law persons with drug convictions like Garner are
permanently barred from receiving financial aid for education, food
stamps, welfare and publicly funded housing.
But only drug convictions trigger these exclusions under federal law.
Violent bank robbers, white-collar criminals like Wall Street scam
artists who steal billions, and even murderers who’ve done their time do
not face the post-release deprivations slapped on those with drug
convictions on their records, including those imprisoned for simple
possession, and not major drug sales.
“Academics see this topic of mass incarceration as numbers, but for
millions it is their daily lives,” said Princeton conference panelist
Dr. Khalilah Brown-Dean of Yale University.
Exclusions mandated by federal laws compound the legal deprivations
of rights found in the laws of most states, such as barring ex-felons
from jobs and even stripping ex-felons of their right to vote.
“Mass incarceration raises questions of protecting and preserving
democracy,” Dr. Brown-Dean said, referencing the estimated
five-million-plus Americans barred from voting by such felony
disenfranchisement laws.
Many of those felony disenfranchisement laws date from measures
enacted in the late 1800s which were devised specifically to bar blacks
from voting, as a way to preserve America’s apartheid.
During the 2000 presidential election Republican officials in Florida
manipulated that state’s anti-felon voting law fraudulently to bar tens
of thousands of blacks from voting. For example, many people with
common names like John Smith who shared their name with a felon were
barred from voting, despite having no criminal record.
Republican George W. Bush won by Florida by a razor thin 537 vote
margin…a margin secured by that felon disenfranchisement scheme. That
victory in the state where George W.’s brother Jeb served as governor
sent him to the White House.
Policies creating barriers to things like education and employment
make it “increasingly difficult” for persons recently released from
prison to “remain crime-free” according to a report released earlier
this year by the Smart on Crime Coalition.
More than 60 percent of the two-million-plus people in American prisons are racial and ethnic minorities.
“The U.S. imprisons more than South Africa did under apartheid. A
nation that promotes democracy has a racial caste in its prisons. We
must break that caste system,” said the special guest speaker at the
“Imprisonment” conference, Pennsylvania Death Row Journalist Mumia
Abu-Jamal, who telephoned from prison.
Racism is written all over the economically/socially debilitating practices embedded in mass incarceration.
An often cited University of Wisconsin study found that 17 percent of
white ex-con job seekers received interviews, compared to only five
percent of black ex-con job seekers – a race-based disparity that is
additionally devastating for people of color like Garner.
Ohio State University Law Professor Michelle Alexander, the featured
speaker at that Princeton conference streamed live on the internet, said
a major reason why imprisonment rates soared during the past four
decades despite decreases in crime rates is anti-crime policies craftily
manipulated by conservative Republican officials for political
purposes.
Harsh anti-crimes policies of the 1970s and 1980s were largely a
“punitive backlash” to advances of the Civil Rights Movement, said
Alexander, author of the hugely popular 2010 book The New Jim Crow: Mass Incarceration in the Age of Colorblindness.
Pennsylvania’s prison population, for example, soared from 8,243 in
1980 to 51,487 in 2010, while the California prison population leapt
during the same period from 23,264 to over 170,000.
Incarceration costs are especially obscene when compared to college costs.
A report released in January 2011 by Pennsylvania’s auditor general
noted the Keystone State now spends $32,059 annually to imprison one
person…a cost that exceeds the annual $20,074 tuition for the MBA degree
program at Penn State University.
A report released in January 2010 by a UCLA professor noted that the
Golden State spends over $48,000 annually to imprison one person, more
than four times the tuition cost of UCLA for a California resident. Back
in 1980, California spent more of its state budget on higher education
than on prisons, but that had reversed by 2010, with more of that
state’s budget going for prisons than for higher education.
America’s corrosive War on Drugs – a “war” that basically ignores
drug kingpins – has devastated black families, author/professor
Alexander said.
“A black child today is less likely to be raised in a two-parent household than during slavery,” she said.
“In major urban areas almost one-half of black men have criminal
records. Thus they face a lifetime of legalized discrimination,”
encompassing exclusions from employment and access to financial
assistance required to secure a viable quality of life.
Africa-Americans are 13 percent of America’s population and 14
percent of the nation’s drug users but are 37 percent of persons
arrested for drugs and 56 percent of the inmates in state prisons for
drug offenses, noted the 2009 congressional testimony of Marc Mauer,
executive director of the Sentencing Project and a conference panelist.
Both ex-felon Herman Garner and Dr. Eddie Glaude Jr., chair of
Princeton’s Center for African American Studies, which hosted the
conference, expressed similar views on the impacts of mass
incarceration.
Dr. Glaude said mass incarceration is a “moral crisis with political
and social consequences for America’s future,” during his remarks
opening the conference.
Garner, in an interview, described the US prison system as the “biggest problem” in the American black community.
While politicians pushing punitive policies help drive mass
incarceration its budget- busting persistence implicates the blind-eye
of society, said one conference panelist, history professor Dr. Khalil
Gibran Muhammad, the new director of the fabled Schomburg Center for
Research in Black Culture in New York City.
“Middle-class whites and blacks in the U.S. are a new kind of ‘Silent
Majority’ regarding mass incarceration,” Dr. Muhammad charged. “This
‘Silent Majority’ supports unjust policies of increased law enforcement
and incarceration as the only way to address crime,” ignoring proven
alternative approaches like “jobs, education and ending societal
inequities.”
Famed Princeton Professor Dr. Cornell West criticized both the black
middle class and black leadership for inaction on mass incarceration.
“The new black middle class and black leadership are not attuned to
the suffering in poor black communities,” West said during the
conference’s Keynote Conversation between him and Professor Alexander.
“We need more middle-class people with genuine respect for the poor. This is more than serving as role model mentors,” he said.
Author Alexander said ending the “mind-boggling scale” of mass incarceration requires “a major social movement.”
One attendee at the Princeton conference, Daryl Brooks, an activist
in Trenton, NJ who operates the respected “Today’s News N.J.” blog,
backs Alexander’s suggestion.
“To fix this problem we need mass boycotts. America only understands
money and violence. We need to shutdown businesses like during the 60s,”
said Brooks, who spent three-years in prison for a conviction he says
was false, aimed at crushing his activism.
“Blacks leaders allowed this incarceration to happen by doing too little to challenge this repression,” Brooks said.
The Obama Administration is doing too little to address mass
incarceration and its impacts, many of the Princeton panelists and
conference attendees agreed.
These critics blast the Obama Administration for what they called its
tepid approaches to the torturous scourge of 240 sexual assaults daily
in state and federal prisons, charging it with foot-dragging on the
Prison Rape Elimination Act which was approved by Congress during the
administration of George W. Bush.
While Obama fulfilled a campaign pledge to address the sentencing
disparity penalizing crack cocaine more harshly than powder cocaine
(crack is derived from powder cocaine), Obama’s proclivity for
bipartisan consensus has resulted in legislation that lower but did not
eliminate the disparity.
A 1995 US Sentencing Commission report called for eliminating the
scientifically bogus disparity a recommendation rejected by Democratic
President Bill Clinton and the Republican controlled Congress – the
first ever rejection of a Commission recommendation.
That crack-powder legislation did not apply retroactively, thus
failing to mitigate stiff crack cocaine sentences (often ten years for
simple possession) that leaves blacks and Hispanics languishing in
federal prisons. (Federal authorities rarely prosecute whites for crack
cocaine violations despite federal statistics documenting that whites
are the nation’s largest users of crack cocaine.)
“Obama and [US Attorney General Eric] Holder have no courage when it
comes to the prison-industrial complex,” Dr. Cornell West said. A Country of Inmates
WASHINGTON — One area where the United States indisputably leads the world is incarceration.
The United States has 2.3 million people behind bars, almost one in
every 100 Americans. The U.S. prison population has more than doubled
over the past 15 years, and one in nine black children has a parent in
jail.
Proportionally, the United States has four times as many prisoners as
Israel, six times as many as Canada or China, eight times as many as
Germany and 13 times as many as Japan.
With just a little more than 4 percent of the world’s population, the
United States accounts for a quarter of the planet’s prisoners and has
more inmates than the leading 35 European countries combined. Almost all
the other nations with high per capita prison rates are in the
developing world.
There’s also a national election in the United States soon. This issue
isn’t on the agenda. It’s almost never come up with Republican
presidential candidates; one of the few exceptions was at a debate in
September when the audience cheered the notion of executions in Texas.
Barack Obama, the first black president, rarely mentions this question
or how it disproportionately affects minorities. More than 60 percent of
the United States’ prisoners are black or Hispanic, though these groups
comprise less than 30 percent of the population.
“We’ve had a race to incarcerate that has been driven by politics,
racially coded, get-tough appeals,” said Michelle Alexander, a law
professor at Ohio State University who wrote “The New Jim Crow: Mass
Incarceration in the Age of Colorblindness.”
The escalating cost of the criminal-justice system is an important
factor in the fiscal challenges around the United States. Nowhere is
that more evident than in California, which is struggling to obey a
court order requiring it to reduce its overcrowded prisons by 40,000
inmates.
Today, there are 140,000 convicts in California’s state prisons, who
cost about $50,000 each per year. The state pays more on prisons than it
does on higher education.
Yet the prisons are so crowded — as many as 54 inmates have to share one
toilet — that Conrad Murray, the doctor convicted in the death of the
pop star Michael Jackson, may be able to avoid most prison time.
California isn’t unique. In Raleigh County, West Virginia, the county
commission has worried that the cost of housing inmates at its Southern
Regional Jail may imperil basic services, including education. That
problem is exacerbated as the state keeps more prisoners longer at such
regional facilities to alleviate its overcrowding problems.
The prison explosion hasn’t been driven by an increase in crime. In
fact, the crime rate, notably for violent offenses, is dropping across
the United States, a phenomenon that began about 20 years ago.
The latest F.B.I. figures show that murder, rape and robberies have
fallen to an almost half-century low; to be sure, they remain higher
than in other major industrialized countries.
There are many theories for this decline. The most accepted is that
community police work in major metropolitan areas has improved markedly,
focusing on potential high-crime areas. There are countless other
hypotheses, even ranging to controversial claims that more accessible
abortion has reduced a number of unwanted children who were more likely
to have committed crimes.
However, one other likely explanation is that more than a few would-be
criminals are locked up. Scholars like James Q. Wilson have noted that
the longer prison terms that are being handed down may matter more than
the conviction rates.
This comes at a clear cost. For those who do ultimately get out, being
an ex-con means about a 40 percent decrease in annual earnings.
Moreover, research suggests that children from homes where a father is
in jail do considerably less well in life and are more prone to becoming
criminals themselves.
“People ask why so many black kids are growing up without fathers,” said
Ms. Alexander. “A big part of the answer is mass incarceration.”
It seems clear that the U.S. penal system discriminates against
minorities. Some of this is socioeconomic, as poorer people,
disproportionately blacks and Hispanics, may commit more crimes.
Much of the inmate explosion and racial disparities, however, grow out
of the way the United States treats illegal drugs. It began several
decades ago with harsher penalties for crimes involving crack cocaine,
which was more widely used by blacks, than powder cocaine, which was
more likely to involve whites. A larger issue is how the U.S. criminal
justice system differentiates in its treatment of drug sellers — who get
the book thrown at them — versus drug users, who, at most, get a slap
on the wrist.
A hypothetical example: A black kid is arrested for selling cocaine to
the members of a fraternity at an elite university. The seller gets sent
away for 25 years. The fraternity is put on probation for a semester by
the university and nothing else.
In all likelihood, the convicted seller is quickly replaced, and few of
the fraternity kids change their drug-use habits. The lesson: neither
the supply nor the demand has changed, and the prison population grows.
Given their budgetary difficulties, about half the states are actually
reducing their prison populations. Smart selective policies are
cost-effective. Many criminologists and sociologists say the proclivity
to commit crimes diminishes with age; the recidivism rate for convicts
over 30 is relatively low, and most every analysis suggests that parole
and probation are far less expensive for taxpayers than incarceration.
Nevertheless, the politics of the crime issue cuts against any rational
approach. Even if recidivism rates are low, it’s the failures that
attract attention. In 1988, the Democratic presidential nominee, Michael
S. Dukakis, was savaged when it was revealed that one convict, Willie
Horton, who was furloughed on his watch as governor of Massachusetts
committed a rape while at large. Four years ago, the former governor of
Arkansas, Mike Huckabee, a Republican, was hurt in his bid for his
party’s nomination by reports of crimes committed by felons who were
paroled during his time in office.
“One case where a parolee does something very wrong is sensationalized,”
Ms. Alexander said, “and many, many others are kept behind bars for a
long time.”
Correction: November 20, 2011 An
earlier version of this article incorrectly stated that the furloughed
convict Willie Horton had committed a murder while at large. The death penalty in 2009Death Penalty: From Amnesty International
More than two-thirds of the countries of the world have
abolished the death penalty in law or in practice. While 58 countries
retained the death penalty in 2009, most did not use it. Eighteen
countries were known to have carried out executions, killing a total of
at least 714 people; however, this figure does not include the thousands
of executions that were likely to have taken place in China, which
again refused to divulge figures on its use of the death penalty.
Methods of execution in 2009 included hanging, shooting, beheading, stoning, electrocution and lethal injection. |