Fixing The Criminal Justice System

For many years, drugs have been the center of crime and the criminal justice system in the United States. Due to this widespread epidemic, President Richard Nixon declared the “War on Drugs” in 1971 with a campaign that promoted the prohibition of illicit substances and implemented policies to discourage the overall production, distribution, and consumption. The War on Drugs and the U.S. drug policy has experienced the most significant and complex challenges between criminal law and the values of today’s society. With implemented drug polices becoming much harsher over the years in order to reduce the overall misuse and abuse of drugs and a expanded federal budget, it has sparked a nation wide debate whether or not they have created more harm than good. When looking at the negative consequences of these policies not only has billions of dollars gone to waste, but the United States has also seen public health issues, mass incarceration, and violent drug related crime within the black market in which feeds our global demands and economy. With this failed approach for drug prohibition, there continues to be an increase in the overall production of illicit substances, high rate of violence, and an unfavorable impact to our nation.

The United States has the world's highest incarceration rate. With five percent of the world's population, our country houses nearly twenty-five percent of the world's reported prisoners. Currently there are approximately two million people in American prisons or jails. Since 1984 the prison population for drug offenders has risen from ten percent to now over thirty percent of the total prison population. Federal prisons were estimated to hold 179,204 sentenced inmates in 2007; 95,446 for drug offenses. State prisons held a total of 1,296,700 inmates in 2005; 253,300 for drug offenses. Sixty percent of the drug offenders in prisons are nonviolent and were purely in prison because of drug offenses (Drug War Facts). The question then arises,

In his chapter on “Assessing the Prison Experiment,” he explained that the increase of crime rate is not the sole reason that mass incarceration occurs, and it was also because the courts and the legislature did indeed became “tougher” on offenders (Currie 14). Currie discussed the circumstances of the war on drugs, which was launched by President Richard Nixon. He indicates that the incarceration rate and sentence longevity were increased dramatically since the beginning of the war on drugs. Some of these offenders were given a sentence for more than ten years without the possibility of parole, which is taking away any chance of the prisoner being released before the completion of his or her sentence. Locking people up is a failed attempt to descend the crime rate, and the adoption of mandatory minimum sentencing law is the root of mass incarceration. The government should reconsider the current sentencing laws and reform the correctional system in order to solve the current mass incarceration problem. Furthermore, establishing more community-based programs for youth offenders and initiating early release programs are excellent alternatives to resolve the issue of mass incarceration from both long-term and short-term perspectives, respectively.

Hillary Clinton said, "We can do better. We can not ignore the inequalities that persist in our justice system that undermine our most deeply held values of fairness and equality." She was correct in her statement, we need to reform our criminal justice system because it is highly lacking in fairness and equality. 2.38 million Americans are in prison, with another five million on probation or parole. 1 in 31 adults in the United States are in jail, prison, or on probation or parole. (Ferner) The populations of our prison are increasing, while trust in law enforcers is declining, and if we want to solve the inequalities we must reform parts of our criminal justice system. We should reform our criminal justice system to fix the inequalities of mandatory sentences, bail, and we should create reentry programs to help released inmates stay crime free.

There has been debate over whether non-violent drug offenders belong in prison. Some believe all drug offenders should be put in prison, others believe that it depends on circumstances, and, still others believe only violent drug offenders should be incarcerated. Overcrowding is one point of contention. It seems as though the slightest infraction can land a person in prison. Violence is rampant, whether inmate versus inmate or inmate versus guard. Rehabilitation or education is practically non-existent, unless an inmate teaching another inmate how to commit the ‘perfect’ crime is counted. Evidence shows being in prison does little to rehabilitate an inmate. Clearly, the system does not work.

The United States’ prison population is currently number one in the world. As a nation that proclaims freedom for citizens, the United States houses more than one million more persons than Russian and almost one million more persons than China. Currently, the United States makes up five percent of the world’s population and imprisons twenty-five percent of the world’s inmate population. Drug offenders who committed no act of violence make up a large portion of the inmates in the United States. County, State, and Federal prisons are so over populated that the private sector has opened up corporate facilities to house convicted persons. The cost each year to hold a person rises, placing larger financial demands on the judicial system. The Judicial System of the United States should reevaluate the sentencing guidelines for non-violent drug offenders to alleviate the high number of people in the prison system.

The United States is five percent of the world’s population and has twenty five percent of the world’s people incarcerated. This is the highest rate of incarceration in the world. Mass incarceration has been a problem in this country for decades. The war on drugs has increased the odds of incarceration and the length of sentences for non-violent offenders. Ninety five percent of prisoners have plead guilty and one out of five are serving sentences for drug related charges (REF).

As agreed by Prisons: Problems and Prospects Prisons and the War on Drugs, “incarceration rates for murderers, robbers, and burglars have remained steady over the years, but the number of drug offenders who have been imprisoned has steadily escalated”. The “war on drugs” has, for the most part, added to prison overcrowding. However, it has particularly extended the degree of minorities who are sent to prison. Further readings by Nathan James (2016), “mandatory minimum penalties have contributed to the growing federal prison population”. In addition, this report also added some alternative to this development problem, “Even if Congress chooses not to repeal any mandatory minimum sentences, policymakers could review current mandatory minimum penalties to ensure that they are (1) not excessively severe, (2) narrowly tailored to apply only to those offenders who warrant such punishment, and (3) applied consistently” (James, 2016). “(1) Today narcotics offenders occupy 61% of the beds in federal prisons. (2) Meanwhile, 1 in 7 state facilities continues to operate beyond capacity. (3) Ohio leads the pack with a stunning 182% of capacity” (Smolowe, 1994).

Today in the United States a land that claims to be the freest nation on the face of the Earth more people will wake up inside of a federal/state prison or a county jail cell than in any other country on the planet. As of 2012 this figure was a staggering 2,228,400 (jail 744,500; prison 1,483,900) add in to this the additional sum of just over 5 million people on parole (851,200) and probation (3,942,800) giving us a grand total of over 7 million citizens under some level of Federal or State supervision (Glaze and Herberman). This is up from only 1,840,421 in 1980 a percentage increase of 281.56% (Glaze and Herberman). As of 2012 over half of the inmates in the federal prison system (50.6%) were incarcerated for drug charges (Caron and Golinelli) while according to 2011 statistics just under 17% of state prisoners were locked away for offenses related to illegal substances (Carson and Sabol). The cost of maintaining this level of incarceration is in all honesty a tremendous burden upon both our justice system and our tax base. If you were to go to the website www.drugsense.org you would see their drug war clock which increases by $500 every second based upon the National Drug Control Policy’s 2010 statistics (Drugsense.org). The country needs to make serious changes in order to alleviate this Promethean like burden that has been placed on our tax payers and our infrastructure. Our system desperately needs reform in order to rescue society from these metaphorical

What is going on with the American Criminal Justice System? Incarceration is happening more frequently than ever before. Incarcerating our people is not the answer to helping our society, mainly those whom are incarcerated for non-violent crimes. Non-violent offenders make up over 60% of prison and jail population. America imprisons more people than any other country in the world. It’s time for prison reform to take place in America. Prison reform is the attempt to improve conditions inside prisons, establish a more effective penal system or implement alternatives to incarceration. Incarceration of non- violent crimes lead to more problems for both, the person incarcerated, and the people in our society. When people are incarcerated for

“The United States makes up nearly 5% of the world’s population and almost 25% of the world’s prison population. Today, there are over 2.2 million people incarcerated in this country” (Barnett-Byrd). During the last forty years, up till 2015, there has been a 500% increase in the incarceration rate in the United States. Throughout the years, the prison rates keep accumulating. People are being locked up primarily for drug use and violence. In 2015, nearly 52.9% of convicts were sentenced for violence in the state prisons, and 49.5% of convicts were sentenced for drug related issues in federal prisons (Carson and Anderson 2). As the incarceration rates increase, the amount of drug use and violence in this country also increases, and as the

The United States of America is a country home to a population of nearly 320 million people, far from the staggering 1.4 billion in China, or 1.3 billion in India. However, our country is leading in incarceration rates with a total of over 2.2 million incarcerated citizens, even over those countries with populations several times larger than ours. Many would be shocked that our “great” country is the home to so many “criminals”, but in actuality, many imprisoned citizens are victims of our judicial system. Overincarceration in the US is an issue that has plagued our society since the “War on Drugs” beginning in 1971. With beaming support from the country and government, president Richard Nixon introduced the policy that would place standard sentencing guidelines for many drug and cartel related crimes. These policies came to be known as “mandatory minimums”.

Non-violent offenders are taking up over 60 percent of American prisons. The majority of them are in jail for drug offences such as marijuana, cocaine, crack, heroin, and methamphetamine. More than half of federal prisoners are incarcerated for drug crimes in 2010, according to the Bureau of Justice Statistics. That number has only just dipped below 50 percent in 2011. Despite more relaxed attitudes among the public at large toward non-violent offenses like marijuana use, the number of people in federal prison for drug offenses spiked from 74,276 in 2000 to 97,472 in 2010, according to the U.S. Department of Justice. (The Huffington Post “The Drug War and Mass Incarceration By The Numbers”) Since then there are more than two hundred and fifteen thousand inmates in federal prisons. The government has overspent taxpayer’s money for people that should not be in jail or prisons. (Henrichson).

In December 2013, President Barack Obama commuted the sentences of eight federal inmates who were convicted of nonviolent crack cocaine offenses, six of whom were serving life sentences (Miles 2014). The surge in the prison population of the United States of America can be attributed to changes in sentencing and policies that created stricter laws and harsher punishments for offenders. For the last half-century, America’s attempts to get tough on crime and wage a war on drugs have landed the U.S. the highest spot on the worldwide charts in regards to prison population; only in recent years has the rate of incarceration changed course, tracking a slow, steady downward trail. Incarceration is supposed to be punishment as rehabilitation, yet it has become the primary response to crime. It is simply punishment, greatly lacking in any true form of rehabilitation

When we talk about the United States justice system and how it affects its prisoners, it is important to consider all of the different factors. One factor would be saying that drug crimes are victimless. Some say that the only victims in drug crimes are the drug users themselves. A second factor is the mandatory minimum sentences, meaning that no matter how minimal the crime there is a minimal sentence everybody has to go through. A third factor to consider is reforming prisons. In many countries when their justice system puts someone in jail they focus on getting them help and helping end their addictions, not just punishing them for their crime. I argue that the US justice system should continue to fight the war on drugs because drug crimes are not victimless and it sends the wrong message to children.