Prison Overcrowding in the U.S.: Public Policy Alternatives

Introduction

There are more individuals per capita incarcerated in the United States than in any comparative democracy in the industrialized world. The sentences imposed on offenders in the U.S. are longer, and the U.S. is one of the last nations on earth to practice capital punishment — commonly known as "the death penalty." Increasingly, individuals are being imprisoned, both male and female, adult and juvenile. The collateral impacts of incarceration on this scale are costly to society in both monetary and social terms.

Of the more than two million incarcerated, many have children who are now without a father or mother, which reduces the children's standard of living and deprives them of parental guidance and support. While it may be argued that the offender should have considered these consequences before committing the offense, it is ultimately the child and society that suffer alongside the imprisoned individual. The effects and impacts are far-reaching at a societal level when so many citizens are incarcerated.

Many suggestions and recommendations have been put forth throughout the history of the United States as to what the optimal prison system should look like; however, no definitive solution has yet been officially identified, much less implemented. Public policy plays a significant role in the sentencing and incarceration of those who have committed offenses. It is common knowledge, for example, that a drug-related offense is likely to result in more prison time than certain violent crimes such as rape or murder. There is a profound imbalance in the meting out of punishment when viewed through the lens of proportional justice.

Literature Review and Incarceration Statistics

A February 14, 2005 report concerning a decision of the Senate Judiciary Committee described steps taken toward providing relief from overcrowding in the U.S. prison system. A bill that was approved encouraged the use of alternative forms of punishment rather than incarceration, which would empower judges to offer options such as deferred sentencing to offenders (Fratini, 2005). Testimony was heard from both sides of the issue, including proposed reforms related to "good-time" credits — reductions in sentence length rewarded for good behavior. The deferred sentencing bill passed in a committee vote of 5 to 1. Deferred sentences are available only through a plea bargain agreement. Under a deferred sentence, the offender is placed under the Department of Corrections' supervision for a set period of time. The new bill stated:

"This bill would allow judges to order a deferred sentence without an agreement if the defendant is under the age of 22 and has not been charged with a 'listed crime' or a crime that is among a group of 26 different felonies and misdemeanors." (Fratini, 2005)

Deferred sentencing is generally used only in situations involving acquittals due to factors such as lack of physical evidence, inconsistent statements, or unreliable witnesses (Fratini, 2005). In a Justice Policy Institute report entitled "America's One Million Nonviolent Prisoners," it is stated that "over the past two decades, no area of state government expenditures has increased as rapidly as prisons and jails. Justice Department data released in March 1999 show that the number of prisoners in America has more than tripled over the last two decades, from 500,000 to 1.8 million."

The group FAMM — Families Against Mandatory Minimums — is a national nonpartisan nonprofit organization founded in 1991 in response to inflexible and excessive penalties required by mandatory sentencing laws. FAMM promotes sentencing policies that grant judges the discretion to distinguish between defendants and to sentence them according to their role in the offense, the seriousness of the crime, and the judge's assessment of the offender's rehabilitation potential. Mandatory minimum sentencing laws passed by the U.S. Congress and more than a few state legislatures literally force judges to impose lengthy, fixed prison sentences regardless of the individual circumstances of the case.

According to the 1996 Bureau of Justice Statistics report, there were 5.5 million U.S. adults under correctional supervision in 1996. Of these 5.5 million individuals, 1.6 million were in local jails or prisons — 1,512,200 male and 125,700 female; 821,900 were white and 773,900 were Black. An additional 3.9 million were on probation or parole — 3,151,400 male and 733,700 female; 2,496,600 were white and 1,325,600 were Black.

This figure represents 2.8% of the total adult U.S. population in 1996. Approximately 9.0% of Black adults, 2.0% of white adults, and 1.3% of adults of other races comprised that 2.8%. State and federal prisons held an estimated 1.1 million individuals, with 94% being men. Of those prison inmates, 48% were white and 49% were Black, while 3% were American Indian, Alaska Native, Asian, or Pacific Islander. Jails held approximately 510,000 adults — one in every 378 U.S. residents — with men comprising 89% of the jail population. Of jail inmates in 1996, 42% were white, 41% were Black, and the remaining 16% were Hispanic. Approximately 3.2 million adults were on probation as of December 31, 1996, representing 57% of all adults under correctional supervision. Women comprised 21% of probationers, with 66% of those women being white and 32% being Black.

Beginning in the early 1970s, the total number of incarcerated individuals in the United States began a period of astronomical growth, attributed mainly to "an increased likelihood of a prison sentence for nearly all types of crime" (ASAM Criminal Justice System, 2005). The number of individuals incarcerated "tripled from 1973 to 1989" (ASAM Criminal Justice System, 2005), and those numbers continued to grow, with the war on drugs "increasingly contributing to a prison inmate problem that already overwhelms the correctional system" (ASAM Criminal Justice System, 2005). Although there is no absolute figure for the proportion of incarcerated individuals who have experienced drug and alcohol problems, the U.S. General Accounting Office estimated in 1991 that nearly 30% of those in prison had used drugs daily in the month before committing the offense for which they were imprisoned.

By 2003, approximately 6.9 million individuals were either on probation, in jail, or in prison — equal to 3.2% of all U.S. adult residents, or one in every 32 adults (U.S. Bureau of Justice Corrections Statistics, 2003). There were a total of 1,470,045 inmates under state and federal jurisdiction at the end of 2003: 1,296,986 under state jurisdiction and 173,059 under federal jurisdiction. During the period from 1995 to 2003, the rate of growth of the incarcerated population was 3.4% annually. Population growth during the 12-month period ending December 31, 2002 was lower in state prisons than in local jails, with state prisons rising 1.4%, local jails rising 3.9%, and federal prison populations rising 6.6% (U.S. Bureau of Justice Corrections Statistics, 2003).

The United States "holds the dubious distinction of having the world's highest prison population." The rate of incarceration in U.S. prisons and jails was 682 per 100,000 U.S. residents in 1999, totaling approximately 1.86 million individuals (Ruikar, 2001). Increasingly tough public policies — such as "three strikes and you're out" laws — have greatly contributed to the problem of prison overcrowding. There is a pressing need either for the construction of additional facilities to house prisoners or for a change in current public policies mandating incarceration for certain offenses. Furthermore, the need to separate men from women, juveniles from adults, and those who are mentally or physically disabled from the general prison population further underscores the vital need for additional housing capacity (Ruikar, 2001).

The Rise of Incarceration Rates Since 1980

According to one report, state and federal prisons in the United States are currently operating at a rate 33% above their officially certified capacity. By June 2003, the total number of prisoners in the United States approached 2.1 million (Montaldo, 2004), the largest increase in over four years. The number of inmates aged 18 or younger was on the decline; by June 2003, there were 3,006 state prisoners and 6,869 city jail detainees under the age of 18. There were a total of 90,700 non-citizens held in state and federal correctional facilities at mid-year 2003, a 2.3% increase from the prior year. The federal system alone held 170,461 prisoners on June 30, 2003 — more than any single state during the same period. The rate of growth in the federal penitentiary system has been approximately 8% per year, compared to state averages of 2.9%. Of those incarcerated in 2003, the racial breakdown was reported as follows: white 43.6%, Black 39.2%, and Hispanic 1.8% (Montaldo, 2004).

The year 1980 marked the beginning of a sustained climb in incarceration rates in the United States. The current rate of incarceration stands at approximately 450 sentenced prisoners per 100,000 individuals in the U.S. For African Americans, the rate is nearly 2,000 sentenced prisoners per 100,000 population. While crime rates in the United States are high, they have not risen as steadily as the prison population. If crime rates have not changed proportionally, then what has? Researchers point to shifts in U.S. public policy regarding who is to be incarcerated relative to the crimes committed. Most of this change was driven by legislative policy, shaped by changes in prosecution and sentencing guidelines rooted in the belief that all crimes are of a violent nature and that violent criminals should be imprisoned. However, the statistics do not support this characterization.

The Encyclopedia of Prisons and Correctional Facilities reports that the U.S. "is one of the last remaining countries to practice capital punishment and one of the only countries anywhere that executes juveniles" (Bosworth, 2004). Furthermore, sentences in the United States are longer than those in virtually any other country in the world.