The war on drugs and rising female incarceration in America

Women in Jails

Women in Prison

The criminal justice system is clearly unprepared and ill equipped to manage the unique needs of women in prison. There is clearly a need for a specific focus on Mental illness, sexual violence and drug abuse, reproductive health and other issues that are very relevant to the incarcerated female population. There is no question of doubt that incarceration is a failed, inhuman and ineffective approach to the social problems faced by women. Instead, policymakers should focus on alternative correctional programs that allow women to reform their behaviors and become productive citizens while still staying connected to their family members.

Women in prison have unique problems and challenges compared to men. Incarcerated women present with a multiplicity of problems including pregnancy, drug abuse, history of sexual abuse and family violence, mental health problems, dependent child at home, etc. Most women prisoners are inducted into crime by their husbands or boyfriends and are abandoned later. Statistics suggest that there are more than 200,000 female prisoners in America making up roughly 7% of the national prison population and their percentage is growing disproportionately faster compared to Men in prison. Statistics indicate that since 1985 the number of women in prison has increased by a staggering 404%, which is approximately double that of men at 209%. [the Sentencing Project, 2007] Increasingly women are arrested for assistance in drug related crimes and property offenses while they are less likely to be involved in violent crimes compared to men. In fact, one extensive study showed that almost 59% of women in prison admit to committing drug crimes. [Amanda Noblet, 2008, pg13] There is growing consensus that women are 'over-arrested', 'over-indicted', 'under-defended' and 'over-sentenced' [Nancy Kurshan] making incarceration an ineffective model of reformative practice. A brief overview of women in jails and issues related to their incarceration would help highlight these problems and provide a better picture of this important criminal justice topic.

Female Prison population (Why so high?)

As discussed above the rate of female incarceration is literally shocking and almost twice that of men. Criminal justice researchers report that this overflowing of female prisons in the U.S. is due to the government's Drug policies. In fact, the sheer number of women arrested for drug related crime has prompted many criminal justice researchers to say, "the war on drugs has become a war on women" [Barbara Owen, 2010] as per the recent statistics from the Bureau of Prisons, as much as 80% of the incarcerated women are arrested for drug related crimes. [Barbara Owen, 2010] Though the truth is that though women are not likely to play a major role in drug trafficking and drug trade they end up serving more time for their roles. Thus the legislative response to drug offenses has become the single most important factor contributing to the growing number of women in our state and federal prisons. In some states such as California, in particular, female imprisonment has increased significantly due to the tougher drug laws. As Robert J. LaLonde, economist at the university of Chicago says, "A lot of women who probably wouldn't have gone to prison before are now going in for Class 4 drug felonies -- the least serious felonies,"[Solomon Moore, 2007]

Pregnancy and Reproductive healthcare

Compared to men, women's health needs are more due to their complicated reproductive system. However, since women represent only a small fraction of the total inmate population their gender specific heath care needs are in most cases largely ignored. As per the recent report from amnesty international, pregnancy and reproductive healthcare in U.S. prisons are scanty and in many cases essential medical treatment and other support services are totally denied. Access to gynecological services, which are an essential part of female healthcare, are in fact limited, sometimes totally neglected or not provided on a regular basis. [Amnesty International ] Also, there is the disturbing scene of women being shackled during advanced stages of their pregnancy, during medical checkups and even during labor. This is totally inhuman and unacceptable. As Tina Reynolds, the director of WORTH (Women on the Rise Telling HerStory) says, "All children want to find about the day they were born. You want it to be an expression of love, not of prohibition and trauma and restraint. The child didn't do anything." [Jim Dwyer, 2009]. Presently only the following four states- Illinois, California, Vermont, and New Mexico have banned shackling of pregnant women. Other states do not have any legislation that restrict shackling of pregnant women. Correctional facility policy makers should take the initiative to make sure that such issues, which are so critical to incarcerated women prisoners are properly addressed.

Drug Addiction and Mental health Problems

Several studies around the world have reported that drug abuse and addiction remains a serious problem for majority of female inmates. It is estimated that at least 75% of women have consumed illegal drugs in the period of 6 months prior to their arrest. Hence drug rehabilitation programs are very critical for female prison population. A study by Weinstein (2005) shows that as much as 70% of the female inmates in California have drug addiction problems but barely 14% of them received appropriate interventions inside the prison. As the European monitoring center for drugs and drug addiction reports, "… some prisoners continue their pattern of drug use and others start using drugs in prison. Studies that are available show that between 8% and 60% of inmates report having drugs while in prison and 10 -- 36% report regular drug use & #8230;." [UNODC, 2009, PG 35] Thus, the most effective way to prevent drug abuse is to first acknowledge the prevalence of drug abuse inside the prison setting and then to treat substance dependence with appropriate substitution therapy. Also, according to an extensive World Health Organization report, a vast majority of the women in prison are afflicted with mental illness. The study reported that as much as 80% of incarcerated women suffer from an identifiable form of mental disorder. Similarly, other studies have reported that two thirds of women prisoners have posttraumatic stress disorder and/or a substance abuse related disorder. [UNODC, pg 29] Prison policy makers should include routine mental health screening of the inmates, and provision for appropriate medical interventions.

Community Alternatives

The fact is that our female correctional facilities are under resourced and over crowded. Overcrowded prisons are not ideal for reformation of the inmates but instead create more problems such as drug abuse, violence and poor health care provision and consequently poor health of inmates. Policy makers should therefore focus on alternative and more promising solutions such as community-based penalties. Based on the level of crime, women can be assigned to different types of community-based programs. This might involve regular attendance at drug rehabilitation clinic or mental health clinic, regular attendance with a probationary officer, residential arrest, Unpaid work, etc. Studies have proven that these alternative forms of community-based penalties are both cost effective as well as reformative in their value. For instance a recent UK study by the 'Matrix Group' (2007) found that the treatment costs for drug rehabilitation program per inmate per year in a community-based setting was around £ 5,299 which was significantly lower compared to the cost of such a rehabilitation program inside the prison which is £ 28, 690. Not only was it cost effective but the study also reported that offenders who were treated in the community setting were 43% less likely to reoffend compared to the prison population clearly suggesting the effectiveness of community-based sentences. [Amanda Noblet, 2008, pg 27]

Conclusion

The criminal justice system is clearly unprepared and ill equipped to manage the unique needs of women in prison. There is clearly a need for a specific focus on Mental illness, sexual violence and drug abuse, reproductive health and other issues that are very relevant to the incarcerated female population. Clearly our female correctional facilities are under resourced and over crowded and overcrowded prisons are not ideal for reformation but instead create more problems. Since majority of women prisoners are incarcerated for minor drug related offenses and property crimes, a more liberal and effective reformative approach should be pursued. Community based alternative sentencing programs should be implemented in full swing as they have proven to be reformative and cost effective. Women are the center of the family structure and incarceration and isolation not only affects them but the entire family.

There is no question of doubt that incarceration is a failed, inhuman and ineffective approach to the social problems faced by women. Instead policymakers should focus on alternative correctional programs that allow women to reform their behaviors and become productive citizens while still staying connected to their family members.