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Prison populations and jails

Last reviewed: April 8, 2011 ~3 min read

Criminal Justice and Corrections Issues -- Prisons

What are some reasons for overpopulated prisons?

High crime rates are the primary reason for overpopulation in U.S. prisons (Schmalleger, 2009). However, additional factors that contribute to the problem include mandatory sentencing guidelines that require incarceration by statute and the so-called "war on drugs." Despite the fact that drug use is, to a large degree, a victimless crime, thousands of American citizens are currently incarcerated for crimes related to private use and consumption of illicit recreational drugs. While the illicit world of drug dealing does involve other serious crimes, there is a very good argument to be made that it is the illegal status of certain recreational drugs that is responsible for the existence of the black market, much the same Prohibition created a black market for alcohol distribution that financed organized crime throughout the 1920s. The other systemic reason for overpopulation in U.S. prisons is the high recidivism rate of released prisoners. That is largely attributable to the lack of meaningful opportunities for reform in many American prisons (Schmalleger, 2009).

What is the purpose of jails in society (there are several purposes)?

In general, the main purposes of incarceration are: (1) removal of criminal offenders from society; (2) retributive punishment; and (3) rehabilitation of offenders (Schmalleger, 2009). More specifically, removal of offenders from society is for the benefit of lawful members of society to protect them from criminal conduct of offenders. Retribution is considered appropriate as a means of punishment and it is also hoped that punishment will achieve some degree of deterrence, both for potential criminals who have not yet offended and also for offenders who might be less inclined to re-offend after experiencing incarceration (Schmalleger, 2009).

What are the differences between jails and prisons?

Generally, jails are maintained by local municipalities and by state authorities and they are mainly intended to house criminals charged with crimes pending trial (Schmalleger, 2009). Jails are also used to incarcerate inmates convicted of misdemeanors and any other crimes whose sentences are less than a year. Meanwhile, prisons are maintained by states and by the federal government and are generally used to incarcerate inmates convicted of more serious crimes (i.e. felonies) who are serving sentences longer than a year. Federal prisons house inmates convicted on federal charges (Schmalleger, 2009).

Is the current jail/prison system effective? Why or why not?

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PaperDue. (2011). Prison populations and jails. PaperDue. https://www.paperdue.com/essay/criminal-justice-and-corrections-issues-13266

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