Reasons for prison overpopulation and systemic ineffectiveness

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 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?

In many respects the current jail/prison system is not particularly effective. For one thing, many have argued that members of racial minorities and those from economically disadvantaged backgrounds are much more likely to serve criminal sentences than members of non-minority groups and those from better economic circumstances (Healey, 2009; Schmalleger, 2009). Another problem with the current corrections approach is that it often provides a breeding ground for criminals because they use the opportunity to collaborate with other more experienced criminals to perfect their criminal skills. There are also significant problems caused by the housing of nonviolent and violent offenders together because the former become preyed upon by the latter. Perhaps the most serious problem in the U.S. corrections system is insufficient support for rehabilitation and for re-establishment into the community upon release. Without those elements, released offenders have a high likelihood of re-offending (Schmalleger, 2009).