Incarceration Rates From 1980 Until

¶ … Incarceration Rates From 1980 Until Today

There has been a relatively dramatic increase in the rate and levels of incarceration in the United States in recent years. According to the U.S. Department of Justice Bureau of Justice Statistics for 2005,

During the year that ended last June 30, the nation's prison and jail population grew 2.6%, reaching 2,186,230 inmates behind bars, the Department of Justice's Bureau of Justice Statistics (BJS) announced today. Two thirds were in state or federal prisons (1,438,701) and the other third (747,529) were in local jails. (NATION'S PRISON and JAIL POPULATION GREW 2.6% DURING 12 MONTHS THAT ENDED JUNE 30, 2005)

This incarceration rate amounts to an increase of 56,428 prison and jail inmates in a twelve-month period and is the equivalent of 1,085 new inmates every week. (NATION'S PRISON and JAIL POPULATION GREW 2.6% DURING 12 MONTHS THAT ENDED JUNE 30, 2005)

Many causative factors have been forward for this increase in incarceration rates. The following study will discuss some of the most prominent of these factors as they relate to available statistics and figures. The focus of this study will not be on providing an exhaustive list of fact and statistics, but rather on investigating the reasons and possible causes of the present situation that has been accelerating since the 1980s. The focus will also be an on analysis of these factors in terms of general and overall causes, as well as more specific causes that are possibly related to different areas or states.

2. Statistic and figures

There is a plethora of statistics and data available on crime and incarceration rates. These figures all point to one overriding finding - that there has been a radical increase in the prison population. As stated, the focus in this paper will be on the variables of causative factors for the large prison population. However, while the statistics will also be mentioned in terms of the various causative categories below, the following is a summary of some of the most prominent incarceration statistics.

Women make up an increasing proportion of jail inmates, reaching 12.7% of the population in 2005, compared to 10.2% in 1995.

At midyear 2005, nearly 6 in 10 offenders in local jails were racial or ethnic minorities, which was nearly unchanged in the last 10 years.

Since 1995 the nation's prison and jail population has risen by more than 600,000 inmates. At midyear 2005 one in every 136 U.S. residents were in prison or jail.

Louisiana and Georgia led the nation in percentage of their state residents incarcerated (with more than 1% of their state residents in prison or jail at midyear 2005. Maine and Minnesota had the lowest rates of incarceration, with 0.3% or less of their state residents incarcerated.

At midyear 2005, nearly 4.7% of black males were in prison or jail, compared to 1.9% of Hispanic males, and 0.7% of white males. Among males in their late 20s, nearly 12% of black males, compared to 3.9% of Hispanic males and 1.7% of white males, were incarcerated.

Three state systems -- Florida (up 2,812 inmates), Texas (up 2,228), and North Carolina (up 1,482) -- accounted for more than 40% of the state growth. (NATION'S PRISON and JAIL POPULATION GREW 2.6% DURING 12 MONTHS THAT ENDED JUNE 30, 2005)

These are only a few of the more prominent statistics that will also be discussed. A more graphic picture of incarceration rates can be gleaned for the following graph.

Source:

http://crookedtimber.org/2006/05/23/incarceration-rates/

As can be seen from the above the United States has the highest rate of incarceration rate of 738 per 100,000 people. It is also noteworthy that fifty-eight percent of countries have incarceration rates below 150 per 100,000. (Healy)

3. Causative factors

3.1 Gender

In 2005, Women comprised up to 12.7% of jail inmates. (NATION'S PRISON and JAIL POPULATION GREW 2.6% DURING 12 MONTHS THAT ENDED JUNE 30, 2005) There are numerous sources of data that point to a rapid increase of females in prison. A more recent statistic that is of concern to the authorities is that there has been in the last few years a radical increase in the number of juvenile female offenders.

Many possible reasons are given for this gender related increase, especially among young females are social in nature. This refers to the correlation that has been made in many studies between rates of crime and incarceration and female abuse and trauma.

There is a consistent link in many studies between female delinquency and abuse. This has been put forward as one theory to explain the fact that in the last decade crime and incarceration among female juveniles has grown at a faster pace than that of male offenders. (Chesney-Lind and Okamoto, 2001) There is sufficient evidence of a causal link between aspects such as abuse and delinquency among females. "... children who experience abuse of any kind have typically been found to run away at higher rates than their non-abused peers" (Trogdon S. 2006) telling fact that tends to support this link between prior abuse as a cause for crime and incarceration among this group is that Jimerson et al. (2004) note that statistics indicate that females in detention for delinquency crimes are much more likely to have been abused before incarceration than men. The figures quoted are sixty-eight percent of women abused compared to nineteen percent of men. (Jimerson et al. 2004, p. 353) This study also states that, "Delinquent girls are also more likely to have run away from home than delinquent males" (Jimerson et al. 353). This finding therefore open up an area of research that is relatively new; namely, the link between various social and cultural factors and female juvenile crime.

Another disturbing aspect of female juvenile crime and rates of incarceration is that, according to the OJJDP Juvenile Justice Bulletin for 2001, there was a general decrease in the arrest rates for juveniles during that year, yet this decrease is not reflected in the statistics for female offenders. (Hobbs and Yeung) in addition, it has been found that, "Between 1980 and 2001 juvenile arrest rates increased proportionately more for females than for males, especially for violent crimes" (Snyder 6).

Furthermore, the literature also notes that crimes committed by young women are steadily increasing. In 1997, girls constituted 26% of the juvenile arrests made in the year, compared with 22% in 1986, according to the Justice Department report. Girls make up the fastest growing segment of the juvenile and criminal justice system: Between 1993 and 1997, the increases in arrests were greater for girls than boys in almost every category.

Hobbs and Yeung) a pertinent fact is that these rates of increase and not only limited to young women but is also reflected in the statistics for adult arrests.

3.2. Race and minorities

Source: (http://www.prisonpolicy.org/images/raceinc.jpg)

According to the OJJDP Juvenile Justice Bulletin for 2001, there is still a disproportionate relationship between race and crime, which is reflected in arrest statistics. This also relates to incarceration rates. (Snyder 6) the statistics with regard to race are alarming. According to one report, approximately six out of every ten offenders in local jails are racial or ethnic minorities. (Healy) One report for the middle of 2005 states that, "nearly 4.7% of black males were in prison or jail, compared to 1.9% of Hispanic males, and 0.7% of white males. Among males in their late 20s, nearly 12% of black males, compared to 3.9% of Hispanic males and 1.7% of white males, were incarcerated. (Healy)

The reason given for the high rate among African-Americans is essentially socio-cultural and economic in nature, as is the case with African - American women.

This problem can also be expanded to an analysis of the situation with regard to other minority groups. There is a general consensus that there is a decided overrepresentation of minorities within the criminal justice system in the country. Disproportionate minority confinement or DMC refers to a situation "...in which a larger proportion of a particular ethnic group is present at various stages within the criminal justice system than would be expected base on their proportion in the general population. " (Disproportionate minority confinement often stems from...)

One reason that is often given for this disproportionate situation is bias within law enforcement agencies and the justice system. This view is countered by the view that there is a higher propensity or inclination for crime among the minority groups. For example one report states that, "...overrepresentation of blacks...reflected their disproportionate involvement in criminal offenses and not criminal justice system selection biases" (Knepper 18).

The assertion that the reason for the high incarceration rate among minorities, and particularly African-Americans, is due to biases and even prejudice within the legal system is a view that is reiterated by many studies. For example, a report by the Leadership Conference on Civil Rights entitled, Justice on Trial: Racial Disparities in the American Criminal Justice System, indicates that overrepresentation in prisons is indicative of extremely serious and ongoing problems within the American justice system.

A while in the past half century the United States has made significant overall progress toward the objective of ensuring equal treatment under the law for all citizens, in the critical area of criminal justice, racial inequality appears to be growing, not receding, and our criminal laws, while facially neutral, are enforced in a manner that is massively and pervasively biased.

Dunnaville)

The above report and others also states that there were,"...serious findings of systematic unequal treatment of African-American and Hispanic-Americans and other minorities, as compared to their similarly situated white counterparts within the criminal justice system "(Dunnaville).

Another aspect that should be taken into consideration and which has an impact on the understanding of causative factors in terms of race, are findings that the biases and anomalies in the legal system seem to begin at the very early stages of the legal process. This means that the possible prejudice that leads to a higher incarceration ratio has its origins in areas such as the investigation of a crime. (Dunnaville)

These initial biases and distortions in the system result in different incarceration rates from the beginning that tend to be exacerbated and increased within the criminal and legal process, according to a number of reports. All of these studies can be seen to be a serious possible indictment of the legal system that can be ascribed to internal bias and prejudice.

However, what concerns many commentators are that these disparities and possible biases are perpetuated in various areas of the criminal and legal system. This results in a cumulative effect and a perception of discrimination that further exacerbates the situation for minorities and increases their crime and incarceration rates..

These disparities often have a cumulative effect, whereby decisions made at one stage of the system contribute to increasing disparities at the following stages. For example, if bail practices result in similarly situated minorities being detained before trial at greater rates than whites, they will also be disadvantaged at trial and sentencing by having less access to defense counsel, community resources, and treatment options.

Reducing Racial Disparity in the Criminal Justice System)

This overrepresentation is also a cause of concern, as there is a very high percentage of minority youth in our country.

One of the aspects relating to the accusations of bias in the system that may lead to increased incarceration rates refers to the notorious issue of 'racial profiling'. From this perspective is it asserted by some that, "..., minority youth do not commit more crimes than any other youth; they merely get treated differently and more harshly at various points in the system." (Markowitz and Jones-Brown 229)

Another view that is generally opposed to the assertion of bias within the legal system is that there is higher propensity of crime and delinquency among minority youth, mainly as a result of societal, cultural and economic factors such as environment and poverty. This view suggests that, "....the nature and volume of offenses committed by minority youth are the real issue. In other words, minority youth commit more offenses...than other youth because of the social and economic conditions in which they are forced to live."(Markowitz snd Jones-Brown 229)

Related to the above view that social and cultural factors are a central cause of the high incarceration rate is the prevalence of ethic gangs and ethnic organized crime. Thus has the implication that police arrest groups rather then single individuals in crime situations, which consequently results in a higher number of people being arrested and incarcerated.

Racial profiling has already been referred to as a causal element. Some commentators see racial profiling as the main factor in high incarceration rates among minorities. In this view, profiling by its very selective and discriminatory nature automatically leads to higher incarceration rates among minority groups.

3.3. Legal aspects and new laws

Changes in the law and legal system over time have also had an impact on rates of incarceration. One example is the change in criminal transfer. Due to the increase of juvenile crime in the country, children are being more easily transferred from juvenile court jurisdiction to adult criminal court and into adult corrections. This means that while in the past a juvenile would be tried and referred within the juvenile judicial court system, he or she is now moves more readily to the adult prison population. (Prosecuting Juveniles in Adult Court)

This process has a number of consequences, which may inadvertently lead to an increase in criminal activity and hence to an increase in higher levels of incineration. This view is based on the fact that transfer from juvenile to adult court may have an negative impact on rehabilitation and may lead to an increase in repeat offences.

These transfers place children into a court setting in which they are at a disadvantage at every stage of the process. Children who are incarcerated in adult facilities are at great risk. Those who are convicted but not imprisoned may still suffer long lasting negative consequences.

Prosecuting Juveniles in Adult Court)

Studies show that the processing of juveniles in adult courts in many cases leads to increase in criminal activity when compared to the results obtained for children retained in the juvenile system. (Prosecuting Juveniles in Adult Court) This is also related to the fact that rehabilitation procedures such as therapy tend to be neglected when the child is moved into the adult court. It has been found that processing children in adult court, "... seems to produce an increase in criminal activity in comparison to the results obtained for children retained in the juvenile system" (Prosecuting Juveniles in Adult Court).

Another important legal aspect is the reduction of the age of criminal responsibility in both the United States and Canada. The minimum age for criminal responsibility is much lower in these two countries than anywhere else in the world - which is also cited as a contributing factor to the high rate of incarceration. (Roberts et al. 119) in the United States the Violent Crime Control and Law Enforcement Act of 1995 permits children 13 and older who commit violent crimes with a firearm on federal property to be prosecuted as adults" (Roberts et al. 119).

The above concerns lead to one of the most discussed and controversial aspects of the changing legal system and the way that this leads to increased incarceration rates. This refers to the view that the criminal justice system has moved away from an emphasis on rehabilitation, as was the case in the past, to a more conservative praxis based on increasing imprisonment instead of preventing crime and rehabilitating the offender. "... society's response to juvenile offenders is changing from primarily being oriented toward rehabilitation to increasingly becoming prone to subjecting juveniles to conservative criminal court practices. (Roberts et al. 119) Experts are also of the opinion that this policy has led to a cumulative effect increasing repeat offences and thereby increasing the rate of incarceration. (Steinberg 34)

Many critics view this decreased emphasis on rehabilitation in a very negative light. Jacobs (2003) describes it as a move from rehabilitation to "banishment." The change in penological philosophy is, from one of rehabilitation (or even punishment) to one of banishment. It is this philosophy that lies behind the so-called "three-strikes and you're out" laws and initiatives like Oregon's Measure 11 that established mandatory minimums for certain crimes. There is no attempt involved in these endeavors to seek justice, only a desire for revenge and a pretense that these prisoners are less than human and therefore deserve only a life behind bars or, in some cases, death by the state.

Jacobs)

The above view also refers o the movement away for the focus on the individual rehabilitation to the control of large groups or " aggregates." This is a factor that has is seen by many experts to contribute to the high number of ethnic arrests. There is also, according to some a gender and racial bias to the process, which further increases incarceration rates. " These aggregates, or groups, are primarily composed of young men of color, although the number of women from these same groups continues to grow" (Jacobs)

The "three strikes" policy which mandates life imprisonment for a third conviction on a felon, y is a legal aspect that as has also been cited as being an important cause of the increased number of inmates in our prisons.

3.4. Drugs

Source: http://ag.ca.gov/cjsc/glance/graphics/17incarDrugs1.gif

Drug abuse and the selling of drugs have been for many years one of the main contributing factors to the high prison population. As one commentator states, "...the primary reasons for the high incarceration rate remain the war on drug users....(Jacob S. 2003)

However, as a cause of these high rates there are a number of central aspects that should be noted.

In understanding drug abuse and drug commerce as a causative factor, one also has to take into account other concomitant variables. One of the most common of these is race and ethic groups. The two aspects are often singled out as leading factors in the high incarceration rates. "Blacks have also been disproportionately affected by the national "war on drugs," carried out primarily through the arrest, prosecution and imprisonment of street level drug offenders from inner city communities"(Race and Incarceration in the United States), Therefore, the issues relating to bias and prejudice within the system discussed above also have to taken into account in understanding drugs as a causative factor.

Another important factor to consider in this regard is that drug abuse in the United States has in fact decreased or leveled off in recent years. "...the drug problem has stabilized and begun to improve in the United States during the past 15 years. (CAULKINS and REUTER) However, despite this fact, the number of people arrested and incarcerated for drug abuse has steadily increased. The reason give for this anomaly is that the use of strict law enforcement has not in fact worked in dealing with this problem. This relates to legal polices and the important finding that increased levels of incarceration often increase rather than decrease the problem of drug abuse. In other words, additive behavior is being increased rather then decreased by the patterns of behavior that are learned or reinforced in the prison environment. This finding has led to a call fro a reduction of prisoners and the application of different and more rehabilitative solutions and polices.

A there is little reason to believe that the United States would have a noticeably more serious drug problem if it kept 250,000 fewer drug dealers under lock and key. Given the social harms that result from imprisonment as well as the considerable taxpayer tab for incarceration, there is a case to be made for working out ways to reduce the number of people in jail and prison for drug offenses.

CAULKINS and REUTER)

Social aspects

Source: (http://www.visualstatistics.net/East-West/Incarceration/Crime-Determinants%20of.jpg)

Social aspects cover a wide and extensive range of influences that can be seen as contributory factors in the incarceration rate. These factors have already been touched on in the above discussion; such as social environment and prejudice. The family and the decline of the family structure in society has also been notes as a causative factor for the high crime rate. This aspect can also be related to the high rates of juvenile recidivism. As Vedder, (1954) states, "There is an extensive range of studies on the relationship between delinquent behavior, family functioning and relationships and recidivism. (Vedder 53) This relationship between family structure, crime rate, repeat offences and incarceration is clearly stated by Vedder. " Negative parent-child relationships in general and poor parenting skills in particular have been identified as significant risk factors for criminal behaviour in youth," (Vedder 53). This of course has the implication that there is a causative link between poor family structure and support and high rates of juvenile incarceration,

Divorce is another social factor that is linked to crime and incarceration rates. For examples, studies have found find that child from broken home are more likely to be arrested for crimes like drug addiction and delinquency. A study by the Center for Disease Control in Atlanta states that, "... 75% of children/adolescents in chemical dependency hospitals are from single-parent families." (a Generation at Risk) cardinal social factor that is repeatedly referred to in the literature as a contributing factor to the high incarceration rates is poverty. There is a widely held consensus that many forms of crime are related to poverty and poor socio-economic conditions. Among the many variable at play in this regard is the so called " culture of poverty" that develops in certain areas and which becomes a breading ground for crime and subsequent high incarceration rates.