Prison overcrowding: empirical analysis of causes and effects

Prison Overcrowding: Empirical Analysis of Alternatives to Mandatory Sentencing and Community Sanctions

Theoretical Approaches

History Incarceration and Prison Overcrowding

Who's in Prison

Reasons for Overcrowding

This study focuses on exploring the relationship between prison overcrowding and adaptation of the situational environment in which crime occurs. Specifically the researcher will explore whether a reduction in incarceration of non-violent offenders combined with provisions for more rehabilitation and community support within at risk communities may contribute to reduced incarceration rates, better flow and reduced overcrowding. To achieve these goals the researcher proposes a triangular approach that will combine multiple research methods. The author hypothesizes that adaptations to the incarceration approach including use of more community sanctions and introduction of more rehabilitation programs within communities, combined with shorter terms for non-violent offenders will result in better flow within prisons and reduced overcrowding. This in turn will likely enhance the prison environment and provide more funding for other criminal justice activities. This study will help stimulate future research into alternative approaches to crime and retribution.

Introduction

This research study will explore the relationship between non-violent incarceration for petty offenses and prison overcrowding. Specifically the author argues that increasing incarceration of non-violent offenders for drug related offenses is leading to uncontrollable prison overcrowding. Second to this, the author hypothesizes that more community sanctions and rehabilitation programs for petty offenders and reduced sentencing lengths for non-violent offenders will help improve the flow of criminals in prisons and help decrease prison overcrowding. The author also acknowledges the relationship between mandatory sentencing and prison overcrowding. This phenomena will be studied to complement the primary research conducted in this study.

Gottfredson & McConville (1987) admit that prison and jail crowding is "a major national problem" that cannot be disputed, with prison populations continuing to grow since the time of their research and publication. Further, even from the mid 1980s inmate populations often "exceeded cell capacity in almost all states" by significant amounts in many cases (p. 3). Many including members of national criminal justice agencies describe this phenomena as a "crisis in corrections" (Gottfredson & McConville, p. 3). Prison overcrowding leads to problems in and of itself, but also contributes to other problems including the physical decay of older prisons and jails and the inability of corrections institutions to staff jails and prisons to a capacity necessary to provide routine surveillance, medical care and other services to increasing populations of inmates.

While much of the research surrounding prison overcrowding addresses fiscal concerns, equally important are concerns related to increases or patterns in crime and crime control policies (Gottfredson & McConville, 1987). Thus it makes sense to examine prison policy and overcrowding from many different angles. One must explore not only whether crime is increasing but also whether the need to incarcerate or provide retribution for certain crimes is necessary in all cases (Gottfredson & McConville, 1987).

Problem Statement

Prison overcrowding is causing inexplicable concerns for law enforcement agents, communities and legislators. Despite empirical evidence showing prisons are being filled beyond capacity, few concrete solutions have been developed to help reduce prison overcrowding. While many have proposed rehabilitation programs to replace retributive justice, not enough empirical evidence exists supporting the efficacy of such programs among certain populations including non-violent offenders. Expected overcrowding in the future is complicating matters for criminal justice authorities who already lack the funds and manpower to handle increasing incarceration rates. Researchers have continually sought to identify not only the causes of prison overcrowding but also potential solutions. This research study will explore the problem of overcrowding by examining whether reducing incarceration for non-violent offenders and providing situational alternatives may reduce criminal activity and enable better management of crime and prison overcrowding. This study is unique from other studies in that it will not simply report on prison overcrowding, but suggest alternatives to traditional retributive approaches to crime, and help explain why prison overcrowding is occurring and suggest tangible solutions to this problem.

Background to Problem

McCormick (2000) cites Elliot Currie's study on Crime and Punishment in America, suggesting the United States has for many years been "engaged in an unprecedented, unparalleled and largely unnoticed social experiment" which includes maintaining order with the threat of imprisonment (p.508). Further the author's notes that during the last decade the rates of incarceration have risen to epic proportions, with the total U.S. prisoners in reaching in the millions by the year 2000 alone (McCormick, 2000). In fact, the number of federal prisoners between 1972 and 1998 according to McCormick (2000) more than "sextupled, growing from less than 200,000 to over 1.2 million" and that number continues to rise at alarming rates (p. 508).

The severity of the current problem is evidenced in a recent article printed in The Washington Times (2005) which notes that overcrowding in the jail in Washington D.C. has led to the need to rent space near the jail to house criminals; further the article suggests lack of funding is contributing to agencies inability to fill 47 current staff positions including those necessary to oversee criminals and prisoners. According to the article roughly 35 new inmates are incarcerated daily, and while the jail is already holding hundreds more prisoners than its capacity warrants.

Marciniak notes that until recently the prison system within the U.S. was considered the "fastest growing industry" growing from roughly 500,000 total prisoners in the late 1970s to more than 2 million in 2001 alone (Marciniak, p. 10). Complicating this issue are the ever increasing incarceration rates among U.S. citizens. World studies of prisoners suggest the United States holds "25% of the globe's prisoners" (Marciniak, p. 10). This is due largely to a criminal justice system that tends to punish criminals for their crimes rather than work on reforming criminal behavior.

Thousands of new prisons have been built in the United States in the last three decades, yet nearly all of these new prisons are already overcrowded (Marciniak, 2002). Due to overcrowding, prisoners face cramped conditions. Many for example must sleep on floors while other inmates are sometimes housed in temporary tents (Marciniak, 2002). While some politicians still argue the solution lies in building more prisons (Marciniak, 2002) others argue that more reform is necessary to help reduce crime or at minimum the rates of recidivism. The U.S. Department of Justice until recently has supported its stance that tougher sentencing is necessary, citing research suggesting violent crime in the United States was down during the 1990s (Marciniak, 2002). For this reasons many believe rehabilitation is not helpful, but retribution for crimes is (Marciniak, 2002).

Significance of Study

While very few studies have explored the relation between sentencing guidelines and prison populations (Marvell, 1995) few have specifically explored the relationship between sentencing and non-violent offenders and the relationship between rehabilitation and mentally ill incarcerates. Even fewer have examined alternatives to retribution including community-based programs that work to reform criminals before they commit repeat offenses or initial crimes. This study will provide researchers with detailed explanations that define the exact causes of overcrowding and assess whether changes in the criminal justice system will result in a reduction in overcrowding based on empirical evidence. This research may provide the foundation for future research geared toward more community sanctions and programs that will reduce sentence lengths and encourage more consideration of the situational environment contributing to criminal behaviors.

Few studies have also explored the impacts mandatory sentencing have on prison populations related to violent offenders. Due to time constraints however, this study will focus its efforts on exploring how mandatory sentencing, sentence lengths and related factors impact non-violent offenders. This is based on concrete evidence supporting increasing rates of incarceration for first time and petty offenders, or those engaged in non-malevolent activities including substance abuse. There is ample evidence suggesting much attention is needed specifically among this population if the subject of prison overcrowding is to be approached and solved (Marvell, 1995).

Theoretical Approaches

There are many theoretical approaches to reviewing prison control and overcrowding. It is important that prison overcrowding is considered in a situational perspective to gather the most insight about potential solutions to prison overcrowding as well as to understand the possible causes of prison overcrowding. Wortley (2002) provides a comprehensive overview suggesting prison overcrowding and problems related to prison control be reviewed from a "situational prevention perspective" (p. 3). This perspective is supported by evidence suggesting situational prevention initiatives are more helpful for reducing criminal behavior in multiple settings than other approaches and initiatives including in some cases, retribution (Wortley, 2002).

The situational perspective outlined by Wortley (2002) and others (Clarke, 1997; Poyner, 1993) suggests a new paradigm for reviewing criminal behavior, that focuses on shifting the attention from personal attributes or the disposition of criminals to the features or environment in which crime occurs that may encourage criminal behavior (Wortley, p. 3). This suggests that modifying the environment or providing systematic support for individuals in at risk environments may help mitigate behavior and decrease the likelihood that criminal offenses will occur. This approach requires criminal justice authorities to systematically manipulate the environments or communities most likely to produce offenders to help block crime.

This view stresses a sociological approach to crime, suggesting that the behavior of criminals is more easily adapted and changed when law enforcement agents understand the circumstances and immediate environment an offender lives in that may contribute to offensive behaviors, and to one's behavioral characteristics.

Literature Review

The purpose of the preliminary literature presented is to provide an overview of the historical foundations leading to prison overcrowding, an exploration of the populations of people incarcerated and empirical evidence that provides an explanation for overcrowding. By examining this evidence the researcher will find support for the hypothesis presented, develop appropriate research questions and present insight into the significance and importance of the study topic selected for this research. The preliminary research review will include an overview of texts, primary and secondary research articles and studies that explore prison overcrowding, criminal behavior and law enforcement policies and procedures during the last three decades. Much of the research presented focuses on empirical evidenced gathered between the 1980s through the present. The results of this literature review will contribute to the meaning and impact of the primary research study proposed by the author.

History Incarceration and Prison Overcrowding

Alexander (1998) provides some history about incarceration leading to prison overcrowding. The author notes that since the early 1980s criminologists have debated multiple theories about incarceration rates. According to Alexander (1998) one body of thought suggesting society held stable rates of crime whereas the other school of though suggested that specific societies held stable levels of imprisonment. The latter of these according to the author is supported by the relatively stable prison rates up until the early 1970s; however some time after this a boom in incarcerations occurred within the United States and Canada, a boom that has failed to cease (Alexander, 1998). The U.S. incarceration rate has been climbing for the last three decades with "approximately 450 sentence prisoners for every 100,000 citizens" (p. 25). Alexander (1998) argues that the increase in incarceration rates is not explained by crime rates, because though homicide rates are higher than rates in other countries the actual convictions for homicides account for "an insignificant number of sentenced prisoners" (p. 25). This suggests more and more prisoners are incarcerated for non-violent crimes. In recent years researchers concede that "movements up and down in the incarceration rate do not correlate with crime rate changes" invalidating arguments that higher crime is resulting in increased incarceration and prison overcrowding (Alexander, 1998, p. 25).

What has changed according to Alexander (1998) are incarceration policies that dictate who should be locked up and for how long. In recent years more than an 84% increase in prison admissions at the State and Federal levels have occurred "among non-violent offenders" (Alexander, p. 25). Many of these are drug offenders, with the United States incarcerating more for drug offenses than for all other offenses (Alexander, 1998).

After the 1970s policies about sentencing also changed, allowing more discretionary authority among judicial authorities, which has contributed to an increase in sentencing lengths according to many (Alexander, 1998). This suggests a mindset that the solution to crime is "to lock enough criminal up" over time (Alexander, p. 25).

Who's In Prison

To understand prison overcrowding one must first understand who is being punished. Marciniak (2002) notes that the largest single group of criminals incarcerated in local jails include those being punished for possession, use or sales of drugs including crack cocaine, marijuana and heroin, with the majority incarcerated for using these drugs not selling them (p. 10). This suggests the campaign in the United States against drugs is failing. The U.S. Department of Justice suggests seven out of every ten inmates is a drug user, rather than a violent offender, yet as Marciniak (2002) notes, nonviolent drug users "are treated as criminals when they should be patients" (p. 10).

Throughout the nation, the number of women incarcerates has also doubled in the last decade, also for offenses related predominately to drug use and abuse (Marciniak, 2002). Marciniak (2002) also cites statistics from the U.S. department of justice suggesting roughly 80% of female incarcerates were mothers with children at the time of incarceration, with many parenting very young children, further suggesting the need for more rehabilitation rather than retribution (Marciniak, 2002).

Still other studies suggest many mentally ill patients including those with schizophrenia or bipolar disorder are also incarcerated rather than placed in hospitals where they may receive the care they need, in part due to shortages of living quarters for those with mental illnesses (Marciniak, 2002).

According to this research one may assume that prison overcrowding isn't the result of incarcerations for increasingly violent criminals. In fact, little support suggests crime is on the rise resulting in prison overcrowding. Rather, results of the studies including those of Marciniak (20020 suggest more and more tougher sentencing is leading to longer term prison sentences for non-violent or petty offenses and those with mental illnesses. This perhaps suggests more need for rehabilitation and reexamination of incarceration rules, regulations and policies. More reasons for prison overcrowding are discussed in the next section.

Reasons for Overcrowding

Marciniak (2002) notes that many states have done away with parole boards, causing more prisoners to stay in jail for longer periods of time. Clearly this will only contribute to even more prison overcrowding as more and more offenders are forced to serve out there terms. This patterns results from the belief that greater retribution may result in decreased offenses, however historically there is little evidence to back this sentiment or belief (Marciniak, 2002; Marvell, 1995). Rehabilitation in these cases or in cases of non-violent offenders is often underemphasized. While the resources available for rehabilitation efforts may be limited it does make more sense to focus on alternative forms of corrections including rehabilitation if prison overcrowding and the problems associated with it are to be overcome. Further, Marciniak (2002) suggests actions including more treatment centers for nonviolent drug abusers can help reduce incarceration rates by as much as half; the author also suggests creating more health care centers so the mentally ill aren't incarcerated when they should be treated instead (Marciniak, 2002).

Marvell (1995) conducts a study exploring the relationship between sentencing guidelines and prison overcrowding. The study suggests that legislators should consider "guidelines for incarceration" based on the prison's capacity (p. 696). The author suggests guidelines laws may help reduce prison population growth moderately. Marvell (1995) also notes several trends in the criminal justice system in the last few decades including its emphasis on retribution or imprisonment for crimes rather than rehabilitation. Legislators according to the author have responded to fears and increases in crime by extending sentences or in many cases, imposing mandatory minimum sentences for various crimes including non-violent crimes (Marvell, 1995). Such actions are responsible for the nearly 400% growth in prison populations over the last twenty five years (Marvell, 1995).

In theory sentencing guidelines should be established related to the severity of the crime combined with the criminal history of the incumbent (Marvell, 1995). A trial judge has the liberty to impose minimum sentencing or sentencing within a range deemed appropriate for the crime committed (Marvell, 1995). Many states do not consider prison capacity when creating sentencing guidelines, thus there is a greater likelihood that prisons will become overcrowded.

Landreville (1994) affirms the population in "carceral" establishments "has increased considerably in the past twenty years" not only in the United States but also within Canada (p. 40). The author notes that it is vital legislators review appropriate correctional alternatives that may help reduce the costs associated with imprisonment and alternatives to the "treatment of criminality" (Landreville, p. 40). Many groups however still recommend what Landreville (1995) refers to as a "penal policy of bifurcation" where the most severe offenders are sentenced for the longest periods of time, and other measures including community measures may be adopted for "first or occasional offenders" (Landreville, p. 40). The author argues that "decarceration" of occasional or first time offenders "would provide space in the prisons for those who would be imprisoned for a longer period of time" (p. 40).

Others argue for community sanctions as a means to deter crime and replace incarceration in some cases (Landreville, 1995). It is important to note some authors (McMahon, 1992) suggest that reductions in sentences or more short-term sentences for certain offenders are often perceived by members of the public to "make a minimal impression on prisoner counts" (p. 103) suggesting more in depth exploration in this area is necessary. Landreville (1995) counters this argument suggesting reduction in admissions for non-violent offenders including those who failed to pay fines did result in a "significant impact" on the number of prisoner's incarcerated (p. 40). Landreville (1995) further argues "it is more by shortening the duration of the stay in prison than restricting the number of short-term sentences" that legislators can impact the prison standing population significantly (p. 40). This argument brings to light the importance of studying the flow or prisoners incarcerated for various crimes.

One alternative to imprisonment offered is community sanctions and works for non-violent offenders. Landreville (1995) notes that community works may serve as a reasonable and beneficial substitution in many cases for people who might otherwise be incarcerated for petty offenses. This program may have a limited impact on prison population, however it may reduce short-term costs and benefit the community in more ways then one. His work suggests in Canada adoption of this policy resulted in 18,000 less prison incarcerations in a one year time frame (Landreville, 1995).

There is ample evidence within the literature suggesting more and more communities are against mandatory sentencing procedures. There is also empirical evidence suggesting mandatory sentencing is not reducing crime but is contributing to more and more prison overcrowding (Landreville, 1995). Montaldo (2006) reports organizations including "Families Against Mandatory Minimums" provide in depth analysis of sentencing laws, suggesting rigid sentencing serves only to fill prisons "at the cost of millions" but doing little to actually ensure the safety and well being of the public, despite law enforcements proclamations that mandatory sentencing does just that (p. 1). Further, the author notes policymakers have an obligation to take a more detailed look at prison populations and the laws encouraging mandatory sentencing. Such close examination will help reveal that mandatory sentencing does do nothing more than fuel what is already considered an overcrowding crisis of prisons. Many criminal justice researchers, including members of Justice Strategies, suggest the prison system is "packed with non-violent and low-level offenders" which they define as "substance abusers" among others and "disproportionate numbers of people of color and women" (Montaldo, p. 1). Research provided by many agencies supports the need for immediate action to help resolve the current crisis of overpopulation of prisons. This may entail releasing non-violent offenders or drug abusers incarcerated for possession offenses to community work-based programs or rehabilitative programs that focus on the causes of their behavior and help them become contributing members of society and their communities (Montaldo, 2006). At best, the current state of the criminal justice system is best summed as a "broken prison system" one in need of much reform according to a representative to the House Sentencing Alternatives Work Group (Motaldo, 2006, p. 1). Fortunately there are many advocates in the public as well as among law enforcement agencies that are working diligently to bring more public awareness to not only the problem of overcrowding, but also the reasons behind it.

Summary of Literature

It is not enough to understand that prisons are overcrowded. The results of the literature review confirm that prisons are overcrowded. This is an obvious fact that requires little support. It is important however to understand the reasons behind overcrowding if researchers are going to develop plausible solutions for reducing overcrowding in prisons. It is also vital that researchers begin to explore possible solutions to prison overcrowding. It isn't enough to find a palliative treatment for prison overcrowding. Rather the goal of the researcher must include understanding the causes of this phenomena and providing tangible solutions guided by grounded, scientific and empirical evidence. This literature review provides the foundation for this kind of work and analysis.

The reasons for overcrowding according to researchers are varied; though many researchers point to increasing incarceration of non-violent offenders, particularly drug offenders. More and more researchers are arguing for alternatives to incarceration, which may include creation of rehabilitation centers and community work programs that force criminals to give back to the community while receiving health care and psychological assistance for their dependency and mental illness. Landreville (1995) provides some evidence that community sanctions may be useful for reducing incarceration rates. Still others suggest shorter sentencing may help improve the flow of prisoners and inmates thereby decreasing the number of people incarcerated at any one time, reducing prison populations even if minimally (Marciniak, 2002).

Despite trends suggesting change is necessary, within the United States the U.S. Department of Justice and many other legislators are firm in their belief that longer sentencing and harsher punishments are necessary even for non-violent offenders. This flies in the face of research. Without change, there is ample evidence supporting the idea that prison overcrowding will only get worse, not better, without significant changes.

The results of the literature review support examination into the hypothesis proposed by the author. The author hypothesizes that adaptations to the incarceration approach including use of more community sanctions and introduction of more rehabilitation programs within communities, combined with shorter terms for non-violent offenders will result in better flow within prisons and reduced overcrowding. Such measures will provide alternatives to justice officials looking for solutions to prison overcrowding and will encourage law enforcement agents to consider current prison capacity when sentencing non-violent offenders. It will also encourage communities to consider the potential benefits associated with reforming or providing support for non-violent offenders that may act out more because of situational factors than because of inherent psychological predispositions. Changes in environment may in fact facilitate reduced crime rates, even though studies do not support increases in actual crime as the primary factor contributing to prison overcrowding.

There is also ample evidence in the literature review to support public interest in alternatives to incarceration and retribution. This is stimulated by evidence suggesting disproportionate numbers of petty offenders; substance abusers, minorities and women with families are being incarcerated for unduly long terms (Montaldo, 2006). The information gathered from this research should lend even more support for citizen's claims and arguments against longer or mandatory sentencing and provide more support for alternatives including community sanctions or work-based rehabilitation.

Research Questions

Based on the results of the preliminary research review, the researcher will explore the extent to which alternatives to incarceration may impact prison overcrowding and benefit communities. To this extent the researcher will explore the following research questions:

Will prison overcrowding be impacted positively by mandatory sentencing guidelines based on prison capacity?

Will reduced sentencing lengths for first time and non-violent offenders due to prison overcrowding result in increased crime?

Will greater attention toward rehabilitation for drug offenders or the mentally ill moderately reduce prison overcrowding?

What guidelines are necessary to ensure imprisonment for non-violent crimes is moderated to a point where prison overcrowding is less of a problem?

Second to these primary questions the researcher will also explore whether community work and sanctions are an effective alternative to traditional retributive measures. This will require a survey of current sanction programs combined with community attitudes and law enforcement attitudes related to community-based programs whose goals include reforming offenders and preventing crime in neighborhoods. This aligns with modern programs suggesting a community based approach to criminal behavior and crime prevention may help reduce crime and also promote more collaboration and reduce recidivism within communities (Marvell, 1995).

Methods

Research Design

The researcher proposes a triangular approach to research that will combine a survey questionnaire of community attitudes and law enforcement official's experiences and opinions toward rehabilitation and community sanctions with a field study of the impacts of sentencing lengths on prison overcrowding. Marvell (1995) provides the theoretical foundation for this study suggesting the impact of sentencing guidelines on prisons is easily evaluated using the multiple time series design. This design combines data from multiple states allowing for dependent variables and regression analysis. Dependent variables examined will include prison admissions in each state while independent variables will include sentencing guidelines in each state (Marvell, 1995, p. 10).

The researcher proposes examining the effects of shorter prison terms on prison capacity and incidences of overcrowding by reviewing prison capacities and sentences in four federal prisons. The researcher will combine the information gathered from this study with information gathered from a comprehensive Meta analysis of literature that examines the effects of community sanctions and rehabilitation programs on non-violent offenders. For this portion of the study the researcher will focus on empirical studies conducted between 1970 and 2006. Studies that qualify for review will include those that incorporate use of community work programs or rehabilitation programs for mentally ill or petty offenders.

The researcher will also develop two survey questionnaires, one for distribution among community members and one for distribution among law enforcement agents. The community questionnaire will focus on community attitudes toward community work-based programs to assess whether community members support and recognize the potential benefits of programs that will affect the environment in which crime occurs. This questionnaire will help determine whether community-based programs are likely to succeed in crime prevention and thus impact prison overcrowding. The survey questionnaire targeted toward law enforcement officials will gauge law enforcement agent's experiences with rehabilitation and sentencing for non-violent and petty offenders, and will also assess whether there is support for new approaches to harsher sentencing.

Lastly the researcher will also examine whether retribution is an effective tool for reforming criminals or preventing crime. This will be accomplished through a mini review of the literature. This will lend further support for methods proposed in favor of rehabilitation and community work-based programs. The information gathered from this study may provide concrete evidence that may sway legislators who are firmly committed to harsher sentencing and longer terms for all offenders regardless of the crimes committed. The researcher will also survey rehabilitative and alternative programs in various countries including Canada to provide greater insight into programs that are working to reduce prison overcrowding effectively.

Population

For the time series analysis of sentence length the researcher will explore sentence terms among four medium capacity federal prisons in local communities. For the survey questionnaire of community members, 25 surveys will be sent out to two inner city communities. Participants will be provided with detailed instructions and a confidentiality waiver. The information will be provided electronically. For the survey of law enforcement agents, 5 agents in each of the four federal prisons surveyed will be asked to complete the survey. All participants will be offered anonymity and apprised of the studies purpose and the results of the study.

Data Collection

Information collected from the surveys will be collected electronically through e-mail. The research will compile all information in spreadsheets and statistically analyze. Information gathered from the literature review will be summarized and provided in written format in the way of a formalized report with comparison tables that will allow review of field study data with information gathered from other empirical studies on prison overcrowding.

Data Analysis

Data analysis will vary for each portion of this study. A standard regression model can be used for analyzing multiple time series data gathered for the first portion of the field study involving examination of the effects of sentence length on prison flow and overcrowding. The multiple time series design as described by Marvell (1995) is ideal for controlling the wide degree of variation evident in individual state laws (p. 10).

Sentencing guidelines for the study will include analysis of the terms offenders are serving for the crimes they have committed.

Information from the survey questionnaires will be compared separately using qualitative analysis. The researcher will provide an oral and written summary of study findings based on information gathered from the survey questionnaires. This information will then be compared with information gathered from the literature review and presented in graphical format. This will allow an easy comparison of the benefits of alternatives to retributive justice compared with public opinion of community sanctions and other rehabilitative programs.

Results

The researcher expects the results of the study to show that (1) prison overcrowding results primarily from harsher sentencing including sentencing for non-violent offenders (2) harsher sentencing is only likely to be effective for violent offenders (3) community sanctions and work-based programs are more likely to promote rehabilitation and prevent crime and prison overcrowding (4) community members and law enforcement agencies are eager to adopt alternative programs to traditional retributive justice and (5) prison overcrowding and the flow of prisoners can be significantly reduced by providing alternatives to traditional sentencing for certain populations including petty offenders and mentally incapacitated individuals incarcerated for non-violent crimes. The researcher also expects the results of the study will reveal it is more effective for law enforcement agents to work on establishing community-based programs that prevent crime than incarcerating criminals for crimes.

The results of the preliminary literature review provide the foundation for these expected results. There is ample evidence in the literature review supporting the notion that mandatory sentencing is harming rather than helping prison overcrowding. Further, much of the research suggests an interest among community members and justice officials to find alternatives to incarceration for certain offenders, including those that might benefit more from rehabilitative programs or community work programs that focus on crime prevention and behavior adaptation.

There is not enough evidence to support incarceration for non-violent offenses. In most cases in fact, studies suggest that criminals who are not provided alternative methods of punishment including community work or rehabilitation are more likely to re-offend, which will only result in even more prison overcrowding with time (Alexander, 1998). Law enforcement agents have to look more closely at empirical evidence. This study will show there is not enough evidence to support harsher sentencing. In fact, the results of this study will show that shorter terms and more emphasis on changing offenders situational environment are likely to help reduce prison overcrowding while benefiting communities.