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Prison Reduction of Prison Population Current Impact

Last reviewed: August 9, 2012 ~26 min read
Abstract

In United States, the judicial system is available to provide safety and justice to the people. Unfortunately, the U.S. criminal justice system has failed to perform its duty properly. It has not stopped the criminal activities nor is it cost effective. About 25% of the world's prison population is in U.S. that makes U.S. the largest jailer of the world (Kirchoff, 2010). One of the densely populated U.S. states is Indiana that comes on 15th position according to its population out of the 50 states. Indiana has a sustainable economy, it reported largest surplus among all the U.S states having $1.2billion.

Prison

Reduction of Prison Population

Current impact

Population affected

Government Policies.

Effectiveness of Policies

Efficacy of the strategies

This paper highlights the prison system and relates multiple factors to it. It gives a brief background of the topic and then describes the U.S. crises of prison system. In addition to this, it highlights various factors related to the prison population of Indiana. After that, this paper focuses on the present situation of the prison system and then gives light to the affected population due to this reason. Beside this, it describes different types of policies and strategies of the government in this regard, reforms in these policies and suggests some useful strategies. In the end, conclusion is provided which tells the need of bringing positive change in the society.

Outline

Background

United States prison crisis

a. U.S. being the largest jailer in the world

b. Indiana facing the challenge of prison population

II. Current impact

1. Role of Department of Correction

a. Statistics of prison population

III. Population effected

1. Prank causing felony charges

a. Issue of Tyell Morton

b. Unfair verdict of 8 years imprisonment

2. Rehabilitation centers

a. Indiana's effort for community development

3. Release of older criminals

a. Statistics from the report of ACLU

4. Employment opportunities

a. Provision of employment by the state

IV. Governmental policies

1. Governor's press release

a. Criminal Code Evaluation commission

b. Council of State Government's Justice Center

2. Reduction in prison population

a. Governor's reform

b. Rehabilitation centers

c. Statistics

3. 107 times amendments in Indiana's code

a. Current spending on inmates

b. Future spending on inmates

V. Effectiveness of policies

1. Reforms in Indiana

a. Reform "Smart on Crime"

b. Drug addiction

c. Approval form legislation

2. Eighth amendment

a. United States constitution

b. Law violation by Californian government

VI. Strategies

1. Strategy for low risk offender

2. Assessment based on evidence

3. Back-end strategy

4. Offender treatment

5. Research for treatment

6. Risk aversion

VII. Efficacy of the strategies

1. Improvement of public safety

2. Increasing parole eligibility

3. Risk assessment

4. In-prison programming

5. Parole for older people

VIII. Conclusion

1. Requirement of the community correction

Reduction of Prison Population

1.1 BACKGROUND:

In United States, the judicial system is available to provide safety and justice to the people. Unfortunately, the U.S. criminal justice system has failed to perform its duty properly. It has not stopped the criminal activities nor is it cost effective. About 25% of the world's prison population is in U.S. that makes U.S. The largest jailer of the world (Kirchoff, 2010).

One of the densely populated U.S. states is Indiana that comes on 15th position according to its population out of the 50 states. Indiana has a sustainable economy, it reported largest surplus among all the U.S. states having $1.2billion.

One of the biggest challenges that Indiana is facing is to reduce the prison population. Like many other U.S. states, Indiana is also trying the best to reduce its prison population that has constantly proved to be an unprofitable burden on the Indiana's economy.

1.2 CURRENT IMPACT:

The current scenario about the prison population is quite troublesome. Its population is increasing day by day, civilians are reporting about the criminals and the police are unable to stop this horrified situation. As the problem continued, Indiana's state government is now looking towards other states' strategies to overcome this problem as soon as possible. The state's department concerning this matter is "Department of Correction (DOC)" that has allocated up to $1.4 billion to meet the needs of imprisoned and more funds are required to maintain and run it. Within the seven years, the prison population of Indiana has increased from 24,230 to 29,370. This drastic increase of about 29% is really a matter to think about because if it continues then the state government will not be able to control the crime rate.

In order to control the situation temporarily the Department of Correction (DOC) has increased the internal capacity of the prison. The Department of Correction (DOC) has increased the internal capacity by adding more space to the prisoners' building. The Department of Correction (DOC) has expanded the territory of the jail with new housing units. Moreover, the state government is trying to admit lesser criminals and release more prisoners.

1.3 POPULATON AFFECTED:

The residents of Indiana are highly concerned about this problem because the increasing crime rate and the increased prison population is a potential harm to the economy of the state. If the state government and Department of Correction (DOC) will not take some prompt action about the situation then there is a threat that people might think to migrate form their state to somewhere else. A report by the Pew center on states have declared that even after adopting all the preventive measures, the Indiana's prison population have increased more than any other U.S. states that is 5.3% continued increase within two years.

Indiana's Governor Mitch Daniels thinks the imposition of the strict rules and further law imposition in the near future will stop the severe offenders from committing crimes. In addition, if they do so, they will live behind the bars. He believed that this is necessary for the protection and safety of the Hoosiers. He further declared that he is pleased to put forward this thought in front of the General Assembly as well. Therefore, he believed that short-term incarceration is necessary for the people who commit crime and interrupt the peaceful lives of the civilians. According to Indiana's Governor Mitch Daniels, this project has fulfilled all the needed law enforcements and criminals' judicial requirements.

Prank causing Felony charges:

The most eye-catching issue that persisted for a long time is the felony charge against a teenage boy named Tyell Morton, of Indiana high school who just made a senior prank and got punishment more than he deserved. The boy put a blow-up doll in the girls' rest room. The security guards took that thing as a terrorist act that the boy was carrying some kind of explosive stuff within the school. However, later the security guards find out that the packet only contained a blow-up sex doll. State trial took place and the jury sentenced him for eight years imprisonment.

Is Morton mischief so dangerous that he got the incarceration for almost a decade? Have the state's jury thought for a moment that what will be the impact of the criminals' and rapists' company on his personality? After the completion of his punish, what the state can expect from him? A person who has led his youth especially the teenage among such people can never be able to grow as a healthy and prosper civilian. What type of society we are making that our children even fear to do any prank just because the law will catch them guilty.

It is unfair to treat a teenage boy's prank and a professional criminal's sin as it is. This brutal treatment of the jury will only burst the people anger against the law. The state needs to make difference in the law and some leniency as well for small mischief. It can be reasonable to give him punishment at the school level, a few days detention or to pay back the expenses that school has incurred due to his prank. However, giving a student multiple years' imprisonment will only destroy his future career and a precious asset of the state will be lost. Morton is still waiting in a country jail for the verdict of his trial. Once it is justified that the packet has nothing that can harm anyone then surely, there is no point for incarceration of the boy. Even without having a justified reason, the state's jury has continued its trial with a long-term imprisonment as punishment (Mooney & Scott, 2012).

It is the need of time that the "Department of Correction (DOC)" along with the Criminal Code Evaluation commission should separate the laws for the non-violent crimes and the serious violent assaults. The recommended way will help to decrease the Indiana's prison population that has expected to have an expense of $1 billion until 2017 if it continues to increase the number of the incarceration. The basic problem with the law is that it cannot make difference between the severities of crimes. According to Indiana Journal Gazette, a person stealing just a DVD and another person stealing things of thousand dollars worth have the same punishment by the law. Until the government will not make different laws for the non-violent offenses and the sever ones, the state will not have control over its prison population.

Rehabilitation Centers:

Indiana is making many efforts to reduce its prison population but it might not be a successful effort until it will not observe that which steps should get more concern to sustain the solution. The problem is a solution may work for a couple of months but it would last in a very short time and the after effects of the rapidly increased inmate population will destroy the entire economical structure. According to the criminologists, this extra attention towards the community correction will decrease the inmate population for a short period but later this problem will come in front as a giant monster with which the state government will not be able cope up. Almost 67% of the freed criminals are re-arrested and 52% of them are re-incarcerated. They further proposed a plan that the spending of government on the rehabilitation center should be within a limit.

Release of Older criminals:

Another idea that the criminologists put forwarded was to release the old age criminals. According to a report of the American Civil Liberties Union, United States spent almost $16billion of economy each year on the elderly prisoners. By releasing these older criminals, the government will release a burden form its shoulders. Evidences have proved that criminals over the age of 50 are less concerned with the crime world after release. This will greatly help the government to lower its cost regarding the incarcerated population.

Employment opportunities:

There is also a technical point of high concern that the state government must think about that the criminals who have spent their whole life in gangs how will they earn their living after getting release? The only option they have is to adopt their previous profession because they know nothing except it. Hence, instead of solution the problem will further disappoint the scenario. Another factor raised by the criminologist to save the population from the adverse effects of the inmates is that provide them sufficient employment opportunities so they can lead a normal life like others. Lack of money can lead any of the normal people towards the crime as well. The government must not leave them after release to die due to starvation or come back towards the way to crime. Rehabilitation is not possible until the state's government provide dignified employments that will surely increase the social welfare (Frost, Freilich, & Clear, 2010).

1.4 GOVERNMENTAL POLICIES:

Governor's Press Release:

The Governor of the Indiana state "Mitch Daniels" has changed the Indiana's criminal code and the basic policies regarding the criminal sentencing and imprisonment. In a press release of Criminal Code Evaluation commission, the Indiana's Governor Mitch Daniels has assured to improve the public safety and decrease in the incarceration rate. He has asked the Department of Correction (DOC) to imprison only those criminals whose violent behavior is dangerous for the public and the state cannot take the risk to set them free. Whereas the criminals whose offenses are not much violent they may pay high amount of fine for breaking the law and set free. The Indiana's Governor Mitch Daniels further added that this step will not only decrease the incarceration rate but the fine fear will also stop the offender from breaking the law.

The Indiana's Governor Mitch Daniels has further announced to establish a Council of State Government's Justice Center. The aim of this council is to improve public safety from the offenders and to decrease the prison population by providing guidance to the civilians and proper rehabilitation to the offenders so they can come back towards the normal life. The council will then forward the recommendations to the Criminal Code Evaluation commission for implementation after the acknowledgement of General Assembly.

Reduction in prison population:

The Indiana's Governor Mitch Daniels has thought about some serious solution for the permanent eradication of the increased prison population crisis. The remedy to the extremely increasing criminal population of Indiana is to reduce the penalties of the inmates. Those who are less offenders, by minimizing their penalties both the state and the inmate will get relaxation. The Indiana's Governor Mitch Daniels is making continuous efforts to bring the legislation round to pass the reform. Reducing the prisoners' sentence will boom the economy because many of the less offending criminals are just a burden on the state's economy. Criminal Code Evaluation commission will look at the sentencing of drug crimes, theft, sex crimes, murder and other minor and major crimes. The Indiana's Governor Mitch Daniels has put forward his suggestion that the low level drug addicts and the less offending criminals should have community-based learning at the rehabilitation centers instead of throwing them behind the bars to learn more about the crimes with the experienced criminals who are already present there. The commission meetings will decide whether the reform will get the permission or not. The pubic support is with the Governor's proposed reform due to its positive attitude towards the community development. The administration has analyzed that if the Indiana's Governor Mitch Daniels gets success in approving his reform than he will save almost $1.2billion from the prisoners' budget in the next seven years.

Many of the public representatives, newspapers and journals have supported the idea of the Indiana's Governor Mitch Daniels. If Indiana gets success in overcoming the problem of prison population with the proposed reform of Indiana's Governor Mitch Daniels then surely its economy will rise within a few years abruptly. Everything now depends upon the decision making of the Commission. If the commission members find it to be of any importance then the other states will also follow the pathway of Indiana's reform to get rid of the increased prison population crisis. The passing of the reforms depend upon the approval of the commission (Hough, Allen, & Padel, 2010).

107 times amendments in Indiana's Code:

In the previous twenty years, the Indiana's government has made 107 times amendments in the laws either to lengthen the sentencing period of the crime or to add new crimes with their punishment details. Due to such facts, Indiana is currently spending almost $1 million on its prisoner population and these expenses have no chances of decrease yet. The consistency in the state's rules to imprison each of the guilty irrespective of their severe or less offending crimes have brought about such results. According to the analysts, if the situation continues then until 2017 the prison population will further increase up to 21%. The growing expenses of Indiana have shown a dramatic situation, the legislature has exceeded its expenses more than the income just to keep Indiana safe.

The state either has implemented these policies to reduce inmates population or likely to take implementation very soon because of the governmental acceptance and constitutional authentication of these policies.

1.5 EFFECTIVENESS OF POLICIES:

As per the stated constitutional laws of the state, the effectiveness of these policies under such crisis is mentioned below with reference to the constitutional amendments to meet the requirements (Waller, 2006).The state government of Indiana made these amendments with passage of time in the constitution for the sake of well being of the Hoosiers.

Reforms in Indiana:

Republican Indiana's Governor Mitch Daniels has put forward prison reform idea named "smart on crime." Smart on crime is an approach that advocates the fact that the less offending criminals must not have prolonged trials and imprisonments. The reason that compelled the Indiana's Governor Mitch Daniels to think and implement an idea for the sake of inmates is the excessive prison budget. The government spent a large part of the state's economy on the prisoners' basic needs fulfillment. The two basic reasons behind the reformation were:

To reduce crime rate in Indiana to provide people a good civilian life.

To make a cost effective plan to balance the excessive inmates' expenses.

The Indiana's Governor Mitch Daniels is afraid that if the inmate expenses will increase in such speed then surely it will engulf the economic profit and there will be nothing left for the rest of the developmental projects. Just like the state of Oregon, that spends more of its money on the prisoners than on educational reforms. The Indiana's Governor Mitch Daniels wants to prevent its state from such adverse inmates' scenario. Smart on crime is a rehabilitating way that will help the people to get rid of the drug abuse, general treatment of their socio-economic problems, job training for the unemployed and several such practices to make the offender a better citizen.

Another thinking of people about the imprisonment of criminals is to keep them behind the bars as it keeps the civilians safer. People feel it comfortable as long as the criminals remain behind the bars. However, is it a permanent solution to safe people from the danger? The ideology should be to eradicate the crime instead of the criminal. According to the analysis of Indiana's Governor Mitch Daniels, the major cause of the crimes in Indiana is drug addiction. He believed that these drug-addicted people are the true danger for the society. In order to bring back these addicted people towards normal life, rehabilitation centers are doing their level best (Tonry, 2001).The small offenders are not likely to commit the same if the state takes fine for their mistakes. Indiana's Governor Mitch Daniels believes that if the legislation will act in accordance with it then surely the small level of offenders will lead a civilized life. Moreover, the legislation will then have strong proofs about the severe offenders that need to remain as inmates for the sake of society's well being.

Indiana's Governor Mitch Daniels has forwarded the reforms just from a fiscal point-of-view to conserve the budget and save it from the deficit. There is no sentimental or humanitarian reason behind the reform but still it works on the principle of justice and humanity. The state will save a whole lot of money from the new prisoners and the decrease in prison population will strengthen the economic condition. Keeping all these points in mind, it can be concluded that smart on crime is a reform that the legislation should pass for the sake of well being of the public. The reform has all the points in its favor from the social as well as political point-of-view. This reform if worked well can be a guide way for all the other states and it can be used as a nationwide policy of the United States. This reform is a helpful guidance in the United States prison crisis (Marlatt & Larimer, 2012).

Eighth amendment:

Although these policies have worked a lot in stopping the criminal activities within the state but these governmental policies are still not much authenticated that can prevent the civilians from the criminal acts. Under the eighth amendment, the United States' Constitution has clearly mentioned that government can neither impose high fine nor cruel or unusual punishment to the sinner. According to the United States constitution, the imprisoned people have the right to get adequate medical and mental health care. Therefore, even after the release of many of the incarcerated people the governmental expenses are still very much. Indiana's state government has to abide by the constitutional law. The violation of the eighth amendment may cause adverse effect on the state's economy as well as its political system. The Californian government, for instance, is paying the cost of violating the constitution. The Supreme Court has taken strict notice of the state's irresponsibility towards the prison population and has given short notice to its Californian Governor Jerry Brown to control the situation.

The Californian government has not taken any serious action about the abruptly increasing prison population. Currently its prison population has approximately crossed the limit of 143500 that is drastic news for the government. Still the Californian state government has not taken any prompt action against this situation. Hence, the violation of the eighth amendment may cause judicial hearing to the state government if they do not take it seriously.

1.6 STRATEGIES:

Here the decision makers need to understand that we need to make prison for the serious offenders while community corrections for the less offending people. This system needs a deep understanding of the two different resorts for two different sorts of people. We will make prison for the dangerous criminals who cannot stay with the public and are a continuous threat to the well being of the people. At the same time, we have to invest heavily on to the rehabilitation of the minor offenders who want to come back on the right path to lead a normal life and want to abandon their criminal behavior. The state government should think that sentencing someone to the imprisonment is the last resort because it is much expensive and increase the certainty of criminal act by the person in future. Below are some strategic points about the department of correction's plan outline:

Strategy for low risk offenders:

First, determine whether the offender deserves the penalty to get imprisonment or not?

Assess the offenders.

The low risk offender needs to be way from the professional criminals and then one must do the behavioral analysis of the offender that how much he is interested in improving himself. Rapid improvement can come through continuous encouragement.

Give them a chance to show their capabilities for the community correction programs.

Keep an eye on their every move without letting them know that they are under observation.

Assess the offender's likings and disliking and make a plan for his rehabilitation according to his psyche.

Reduce the risk recidivism and plan such strategies that will help the offender to adjust himself in the society quickly and easily.

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PaperDue. (2012). Prison Reduction of Prison Population Current Impact. PaperDue. https://www.paperdue.com/essay/prison-reduction-of-prison-population-current-81510

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