The Ineffectiveness of Punishment
A young man, not knowing the consequences, is the middle man in the sale of 2 grams of cocaine in Mississippi. He’s only helping with the sale to help support his brother as they were raised without parents or anyone to look up to. He is caught and sentenced to life without parole. He will never leave prison. He has no chance to redeem himself. Scenarios like this are not an irregularity. As of 2015, the US had over two million citizens held in prison. There are only about ten million people incarcerated world wide, so this means that the US has 20% of the global prisoner population despite only making up 0.4% of the population.1 In the nearly 50 years since the start of the War on Drugs, the prison population in the United States has increased nearly 600% while the population has only increased by 51%.2 Furthermore, US prisons are utterly ineffective as 70% of US inmates will be arrested within five years of their freedom.3 America’s obsession on appearing tough on crime has decimated countless lives. The US prison system is crowded and ineffective; fortunately, we can work to fix it by implementing educational programs and severe reductions on punishment.
Prisons in America are overfilled and fail horrendously at their goals. There is likely a significant racial bias when it comes to arrests and imprisonments. It is said that one in three African American boys will be arrested during their life and one in six Latino boys compared to one in seventeen white boys who will be arrested in their life. Worse still, is that many of those who are arrested and freed face restrictions when returned to the regular world with nearly 50,000 federal, state, and local restrictions preventing them from acclimating back into the world. The US also leads the list with the most minors imprisoned out of any country in the world. The use of minimum sentences keeps these prisons full for a long time. Half of those imprisoned in the US are due to drug related offenses and nearly three quarters of those people are faced with a minimum sentence. 2 US prisons are not described very romantically and people are described as living in separation from outside society and all media create a contrast from the prison world to the rest of the world. They are made subject to degrading treatment, inhumane conditions, and abusive interactions. The prisons make little effort to rehabilitate the prisoners and focus primarily on punishment. 3
The reason for these failures is a history of a desire to be “tough on crime” with a total disregard of the prosecuted’s lives. Back in the founding of the country, much focus was put on fair trials and protecting those who had been convicted. Even in the 1800s, a French sociologist, Alexis de Tocqueville, came to the US to study prisons and was amazed by the prisons working to make conditions better and more livable, something he had never seen in europe. The US continued to do pretty well with not filling up the prisons until the 70s. The US government at this time felt the need to fight a new war, so politicians from both parties with Nixon leading the charge started the fundamentally flawed War on Drugs. They began the rhetoric that we needed to be tough on crime. While Nixon started the work of the war on drugs, Reagan took it all the way. He entered office with a little over 300,000 in prison and left to see a population of over 600,000. These numbers were disproportionately from communities of color. Even at the state level, prison rates boomed. It wasn’t only the federal government pushing this. In 25 years, from 1978, Texas quadrupled its prison count. 4 But things got worse. The democratic party wanted to be the party that was harsher on crime, but the republican party would not have this, so there was a constant war on pushing tougher and tougher laws to “fight crime” This led to Clinton’s 1994 crime bill, which bloated prisons beyond what anyone had before. The Bill allowed states to pass even harsher laws to appear tough-on-crime. And, in that year, every state had passed a minimum sentence law. It encouraged police to send more people to prison and for them to stay for a longer period of time. This set a strong precedent and in 1996, the democratic party showed off the effects of the law and how “tough on crime” they were. They pridefully showed off how they arrested more people than ever before. They even taunted that they expanded to sixty more crimes that receive the death penalty and encouraged the trying of young people as adults. But rest assured, this is not a partisan issue, Republicans had also been fighting to fill prisons and appear tough on crime. In fact, Barack Obama, a Democrat, has been at the forefront of decreasing prison populations as for the first time they had started to decrease under his term.Interestingly enough a 1994 Gallup survey revealed that 58% of African Americans supported the bill, while only 49% of white Americans supported it. This was largely due to the Crack epidemic that these communities wanted to see an end to.5 The four decades of “tough on crime” laws built up a system that arrested a great many people while doing little to make these people change how they act. Two things determine how many people are in prison at any given time.These are the number of people arrested and sentenced every year and the length of every sentence. Both of these factors have become very high in the united states through our work to be tough on crime. It has even become harder to avoid a sentence as bail and other ways to end a sentence have become far more difficult to achieve, which is especially preventative to the poor as they have no chance of paying off.
Back in 1984, there was debate in many cases about disparity in different sentences for seemingly similar crimes. Thus, the U.S. Sentencing Commission was created which set standards for sentence lengths. However, this simply pulled up many sentence lengths to match some longer ones and continued to contribute to the lengthier prison sentences of the United States. Mandatory sentences fill prisons for a very long time. For example, if you sell 2 grams of cocaine in Mississippi, you are required to serve life without parole. And, it is important to note that none of these laws have had any effect on drug use as it had remained stable for the 40 years in which the war on drugs mainly occurred (1970s-2010). Drug sentences make up a staggering 55-60% of those incarcerated to federal prison. In the 1990s, there was another fear, the rise in violent crimes. A number of famous cases developed in many people’s mind that those who commited violent crimes could not be reformed and should be separated from society for the rest of their life.This produced the “Three-strikes” laws which would give those who commit two or three offenses a life in prison. However, the crimes that fell under this law were not simply violent crimes, but also oft covered other crimes. The ACLU covers some ridiculous examples that were part of the three strikes policy:
“siphoning gasoline from an 18-wheeler, shoplifting three belts, breaking into a parked car and stealing a woman’s bagged lunch, attempting to cash a stolen check, acting as a go between in the sale of $10 of marijuana, or possessing a bottle cap smeared with heroin residue.” 6
In 1984, the federal government abolished parole and 16 other states were soon to follow. This made it impossible for many people to leave prison early on “good behavior”.
After reaching such a low point, America needs to make some significant changes to its crime and punishment system in order to become a better country. We need to eliminate minimum sentences for nearly any crime. A system needs to be implemented that can evaluate prisoners and find if they are reformed early and let them free. Those who do not prove themselves to be a threat should not be held in prison. In order to be let back into the world these people should prove that they are a safe person and that they have improved themselves in prison in other ways such as learning new skills. Incarceration should no longer be a punishment for low level and non-violent crimes. Often punishment is not the solution to offenders of things like drug violations due to addiction. Prison will not help them but drug treatments programs are far more likely to. The purpose of prisons should not be to ruin someone’s life and make them regret it, but to make them a better person. 7 An idea to make prisons more improving of these people’s lives rather than being simply punishment, is to allow for more opportunities for learning to occur in the prisons. College students could be encouraged to go to prisons in order to teach things that they are experienced in and many of these prisoners never got to learn, sometimes even basic math and English. In one area, Bedford Hills Correctional Facility, a similar approach has been implemented quite effectively. The classroom inside the prison does not feel like a prison, except for the uniforms that the prisoners are wearing. Many of the inmates described the classroom as an oasis in the prison. It feels like an escape and is a place for these people to improve themselves. These prison classrooms did once exist widely, for in the 90s there were many more of these programs, but fell apart after the crime bill and budget cuts for those types of programs. Government support is needed to keep these programs afloat that are often just as important as the prisons themselves.8
It is imperative to search for what causes many people to commit crimes that lead them to go to prison. We need to provide more social programs that promote the well being of those who are in danger of getting in trouble with the law. “I realized that we’re not just locking up bad kids, we’re locking up hurt kids. It completely changed the course of my career,” said Bradley, a Fordham Professor. Emotional, social, psychological, and moral support need to be provided to kids who grow up in these conditions so they never face the hardships that lead them to committing crimes. We must diminish our society’s deposition towards poor people in order to keep them in society. Prisons have been used as a way to get these poor people who we often despise off the streets.9 On the opposite end of the spectrum of minimum sentences is maximum sentences. We need to implement maximum sentences. Sentences as long as 20 or 30 years are known to not rehabilitate prisoners more than prisoners with shorter sentences, but in fact increase recidivism. Adding maximum sentences for many crimes will help get people out of prisons quickly and help prisons focus on their main purpose, to make better people out of the prison, not to punish them for acting the way they do.10
Conclusion
- “Highest to Lowest – Prison Population Total.” Highest to Lowest – Prison Population Total | World Prison Brief. Accessed March 28, 2022. https://www.prisonstudies.org/highest-to-lowest/prison-population-total.
- “Federal Drug Mandatory Minimum Penalties.” ussc. United States Sentencing Commission, 2017. https://www.ussc.gov/sites/default/files/pdf/research-and-publications/backgrounders/RG-drug-mm.pdf.
- Gramlich, John. “America’s Incarceration Rate Falls to Lowest Level since 1995.” Pew Research Center. Pew Research Center, August 18, 2021. https://www.pewresearch.org/fact-tank/2021/08/16/americas-incarceration-rate-lowest-since-1995/.
- Grawert, Ames, Hernandez D. Stroud, Carlton Miller, and Andrew Cohen. “The History of Mass Incarceration.” Brennan Center for Justice, March 22, 2022. https://www.brennancenter.org/our-work/analysis-opinion/history-mass-incarceration.
- Ofer, Udi. “How the 1994 Crime Bill Fed the Mass Incarceration Crisis.” American Civil Liberties Union. American Civil Liberties Union, June 4, 2019. https://www.aclu.org/blog/smart-justice/mass-incarceration/how-1994-crime-bill-fed-mass-incarceration-crisis.
- “Overcrowding and Overuse of Imprisonment in … – OHCHR | Home.” ohchr. ACLU. Accessed March 29, 2022. https://www.ohchr.org/Documents/Issues/RuleOfLaw/OverIncarceration/ACLU.pdf.
- “Solutions.” American Civil Liberties Union. ACLU. Accessed March 29, 2022. https://www.aclu.org/other/solutions.
- Barsky, Neil. “How to Fix Our Prisons? Let the Public inside.” The Marshall Project. The Marshall Project, December 17, 2019. https://www.themarshallproject.org/2019/12/17/how-to-fix-our-prisons-let-the-public-inside.
- News, Fordham. “Fixing America’s Prison Problem.” Fordham Newsroom, August 12, 2019. https://news.fordham.edu/fordham-magazine/fixing-americas-prison-problem/.
- Cullen, James. “Four Things We Can Do to End Mass Incarceration.” Brennan Center for Justice, December 19, 2016. https://www.brennancenter.org/our-work/analysis-opinion/four-things-we-can-do-end-mass-incarceration.