U.S. Incarceration Rates: Causes and Trends Since 1980

Introduction

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. 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 — the equivalent of 1,085 new inmates every week. Many causative factors have been put forward to explain this increase. This paper discusses some of the most prominent of these factors as they relate to available statistics and figures. The focus is not on providing an exhaustive list of facts and statistics, but rather on investigating the reasons and possible causes of the present situation that has been accelerating since the 1980s, analyzing both general and overall causes as well as more specific causes that may be related to different regions and states.

Statistics and Figures

There is a plethora of statistics and data available on crime and incarceration rates. These figures all point to one overriding finding: there has been a radical increase in the prison population. While specific statistics will be discussed in the various causative categories below, the following is a summary of some of the most prominent incarceration figures.

Women make up an increasing proportion of jail inmates, reaching 12.7% of the jail population in 2005, compared to 10.2% in 1995. At midyear 2005, nearly six in ten offenders in local jails were racial or ethnic minorities — a proportion that was nearly unchanged over the preceding ten years. Since 1995, the nation's prison and jail population has risen by more than 600,000 inmates, and at midyear 2005 one in every 136 U.S. residents was in prison or jail.

Louisiana and Georgia led the nation in the percentage of their state residents incarcerated, with more than 1% of residents in prison or jail at midyear 2005. Maine and Minnesota had the lowest rates, with 0.3% or less of their 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 twenties, 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 state-level growth. (Nation's Prison and Jail Population Grew 2.6% During 12 Months That Ended June 30, 2005)

Taken together, these figures illustrate an extreme situation: the United States has the highest rate of incarceration in the world, at 738 per 100,000 people. It is also noteworthy that fifty-eight percent of countries have incarceration rates below 150 per 100,000. (Healy)

Gender as a Causative Factor

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) Numerous data sources point to a rapid increase in the number of females in prison. Of particular concern to authorities is the radical increase in the number of juvenile female offenders in recent years.

Many possible reasons given for this gender-related increase, especially among young females, are social in nature. A consistent link has been identified in many studies between female delinquency and abuse. This has been put forward as one theory to explain why, in the last decade, crime and incarceration among female juveniles has grown at a faster pace than among male offenders. (Chesney-Lind and Okamoto, 2001) There is sufficient evidence of a causal link between 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) A telling fact that supports this link is that Jimerson et al. (2004) note that females in detention for delinquency crimes are much more likely to have been abused before incarceration than males — sixty-eight percent of women compared to nineteen percent of men. (Jimerson et al., 2004, p. 353) The same 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 opens a relatively new area of research: the link between various social and cultural factors and female juvenile crime.

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

The literature also notes that crimes committed by young women are steadily increasing. In 1997, girls constituted 26% of juvenile arrests, compared with 22% in 1986, according to a Justice Department report. Girls make up the fastest-growing segment of the juvenile and criminal justice system: between 1993 and 1997, increases in arrests were greater for girls than boys in almost every category. (Hobbs and Yeung) Importantly, these rates of increase are not limited to young women but are also reflected in statistics for adult arrests.

Race, Minorities, and Systemic Bias

According to the OJJDP Juvenile Justice Bulletin for 2001, there is a persistent disproportionate relationship between race and crime, which is reflected in arrest statistics and incarceration rates. (Snyder, 6) The statistics with regard to race are alarming: approximately six out of every ten offenders in local jails are racial or ethnic minorities. (Healy) For 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 twenties, nearly 12% of black males, compared to 3.9% of Hispanic males and 1.7% of white males, were incarcerated. (Healy)

The reasons given for the high rate among African Americans are essentially socio-cultural and economic in nature. This problem can be expanded to an analysis of other minority groups as well. There is a general consensus that minorities are decidedly overrepresented within the criminal justice system. Disproportionate minority confinement (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 based on their proportion in the general population." (Disproportionate Minority Confinement Often Stems From...)

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

The assertion that the high incarceration rate among minorities is due to bias and prejudice within the legal system is reiterated by many studies. 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 reflects extremely serious and ongoing problems within the American justice system:

"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 same report 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 important consideration is that bias and anomalies within the legal system appear to begin at the earliest stages of the legal process — including in the investigation of crimes. (Dunnaville) These initial biases result in different incarceration rates from the outset, which are then exacerbated as the case moves through the criminal and legal process. These disparities often have a cumulative effect:

"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)

One of the aspects relating to accusations of bias that may lead to increased incarceration rates is the issue of racial profiling. From this perspective, it is asserted 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)

An opposing view holds that there is a higher propensity for 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" and that "minority youth commit more offenses than other youth because of the social and economic conditions in which they are forced to live." (Markowitz and Jones-Brown, 229) Related to this is the prevalence of ethnic gangs and organized crime, which results in police arresting groups rather than single individuals, consequently increasing the number of people arrested and incarcerated.

Conclusion

The analysis of the reasons for the high rate of incarceration in the United States leads to a number of conclusions. First, the rate of incarceration is too high in comparison to other countries in the world. This leads to a search for causative factors contributing to this situation. As has been discussed, these factors include gender, legal issues, and racial and social dynamics. The possibility of racial bias and profiling as central causative features appears to be borne out by the disproportionate number of minorities in the penal system. Gender is also a disturbing factor. When this is combined with high rates of juvenile crime and the tendency toward recidivism, it must be acknowledged that the present situation is one of serious concern. Laws that increase incarceration rates — such as mandatory minimums and three-strikes statutes — without accompanying rehabilitative efforts are not helpful. Therefore, there is a growing realization that serious issues must be addressed across various sectors of society and within the penal and legal system in order to reduce the high rate of incarceration in the United States.