Mass Incarceration : A Major Problem Within The United States

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,

The United States features a prison population that is more than quadruple the highest prison population in Western Europe (Pettit, 2004). In the 1980s, U.S. legislation issued a number of new drug laws with stiffer penalties that ranged from drug possession to drug trafficking. Many of those charged with drug crimes saw longer prison sentences and less judicial leniency when facing trial. The War on Drugs has furthered the boom in prison population even though violent crime has continued to decrease steadily. Many urban areas in the U.S. have a majority black population. With crime tendencies high in these areas, drugs are also prevalent. This means that a greater percentage of those in prison are going to be black because law

The purpose of this study is to expose the process of mass incarceration of poor black males, and females increasingly, within the context of a fabricated war on drugs which really is serving to keep the prison population booming by exploiting traditionally disadvantaged minorities in society. Alexander rightfully calls this a ?redesign? of the old racial caste system in America which was supposed to have been destroyed by the civil rights movement. The war on drugs in the 80s merely became the newest vehicle by which to exploit the black community in this country. The War on Drugs is really the rationale for racial control, which targets black men and women and relegates millions of citizens to what Alexander calls a ?second class status (Alexander, 2012).?

Mass Incarceration is a huge problem in United States culture. No other country in the world incarcerates its population the way that America does. “The U.S. incarcerates more people than any country in the world – both per capita and in terms of total people behind bars. The U.S. has less than 5 percent of the world’s population, yet it has almost 25 percent of the world’s incarcerated population.” Worse yet the majority of the incarcerated individuals belong to a minority group despite not participating in illegal activity any more frequently than their white counterparts. Is the United States criminal justice system racist and if so what is the cause behind this racism. After the end of slavery, many southern black Americans traveled to the north to escape endless violence and discrimination. In the south they could only find low paying field jobs whereas in the northern cities there were steady factory jobs promised as well as the hope that discrimination could be escaped. The northerners while against slavery were not egalitarian and were not in favor of hoards of black Americans surging into their cities and taking jobs away from the white working poor. The need for social control by white Americans only grew with the population of black Americans living in the cities and working in the factories. The rhetoric of “law and order” first came about in the late 1950s as white opposition to the Civil Rights Movement was encouraged by southern governors and law enforcement.

There is no question that mass incarceration is a worldwide epidemic that needs to be discussed and addressed. America has five percent of the world’s population, but 25 percent of the world’s prison population (Just Leadership USA, 2017) Various policies dated back centuries helped to create this problem of mass incarceration (Just Leadership USA, 2017). Today there are 2.3 million Americans incarcerated throughout the state, local, and federal jails (Just Leadership USA, 2017). New York City (NYC) houses approximately 10,000 inmates per year; 43.7% of these inmates are diagnosed with having a mental health disability (New York City Department of Corrections, 2017). 54% of the inmates on Rikers Island are arrested for a minor offense and should be able to fight their cases from home; however, in many instances the family members are of low socio-economic status and unable to post bail (New York City Department of Corrections, 2017). Minor offenses include loitering, jumping the turnstiles, unnecessary Parole / Probation violations, and trespassing. In many instances, it is the mentally ill and homeless individuals who are arrested for trespassing as they elect to sleep in the subways instead of taking residency in a shelter. Moreover, many of these offenses does not have to result in an arrest. Police officers have the autonym to let some of these individuals go with a warning, desk ticket, and/or summons.

The epidemic of mass incarceration affects many families within the United States. The problems of mass incarceration have been echoed far and wide, but it was not until recent years that the issue has been acknowledged, let alone fully addressed. Authors such as MK Asante and Bryan Stevenson, and filmmakers such as Ava Duvernay, have all discussed mass incarceration and its common threads such as the collapse of family structures, damage to mental, physical, and communal health, amongst other lasting impacts. Despite the commonalities, each artist takes on a different perspective on the issue and presents it in a different light.

Recent sociological studies have focused on pressing social issues such as urban crime and mass incarceration, and examining the invisible link between urban crime, poverty and race. Research indicates that mass incarceration has always worked to the detriment of African Americans, especially the low-income earners (Western, 2006). The aftermath of this trend is that the employment prospects of former felons are significantly diminished (Pager, 2007). Felon disfranchisement in turn distorts the local and national politics of the county (Uggen, 2006). This paper focuses on addressing the contemporary trends and ramifications of mass incarceration of African Americans, and elucidating on the criminal justice policy and the factors contributing to the intangible but real racial divide.

The “War on Drugs” established that the impact of incarceration would be used as a weapon to combat the illegal drug problem in this country. Unfortunately, this war against drugs has fallen disproportionately on black Americans. “Blacks constitute 62.6% of all drug offenders admitted to state prisons in 1996, whereas whites constituted 36.7%. The drug offender admissions rate for black men ranges from 60 to an astonishing 1,146 per 100,000 black men. In contrast, the white rate begins at 6 and rises no higher than 139 per 100,000 white men. Drug offenses accounted for nearly two out of five of all black admissions to state prisons (Human Rights Watch, 2000).” The disproportionate rates at which black drug offenders are sent to prison originate in racially disproportionate rates of arrest.

The past quarter century has seen an enormous growth in the American incarceration rate. Importantly, some scholars have suggested that the rate of prison growth has little to do with the theme of crime itself, but it is the end result of particular U.S. policy choices. Clear (2007) posits that "these policy choices have had well-defined implications for the way prison populations have come to replicate a concentrated occurrence among specified subgroups in the United States population in particular young black men from deprived communities" (p. 49).

“The United States imprisons a larger percentage of its black population than South Africa did at the height of apartheid. In Washington, D.C., our nation’s capitol, it is estimated that three out of four young black men (and nearly all those in the poorest neighborhoods) can expect to serve time in prison” (Alexander, 2012). The numbers tell the story better than words can: black people are more likely to go to prison than any other race in the United States, shown by the fact that more than 60% of the prison population is composed of people of color (The Sentencing Project, 2016). These statistics can be traced back to several different cause, including the Era of Jim Crow and the War on Drugs, both of which led to higher policing in minority areas.

The Mass Incarceration in the United States is a major topic of discussion in our society and has raised many questions about our criminal justice system. There are few topics disputed as much in criminal justice as the relationship between race, ethnicity, and criminal outcomes. Specifically, the large disparities that minorities face regarding incarceration in our country. Minorities such as Hispanics and African Americans are sentenced at far higher rates than their white counterparts. There are multiple factors that influence this such as the judicial system, racial profiling by law enforcement, and historical biases (Kamula, Clark-Coulson, Kamula, 2010). Additionally, the defendants race was found to be highly associated with either a jail or prison sentence; with the “odds increasing 29 percent for black defendants, and 44 percent for Hispanic defendants” (King, Johnson, McGeever, 2010).

Prison is a facility used to punish those who have committed a crime or detain those who are awaiting trial, it is a building in which people are legally held. The main purpose of imprisonment is to reform, deter and eliminate a threat from society. Marxists see the government as a way for bourgeoisie to maintain their powerful position in society. Althusser argues that the state consists of two elements: the repressive state apparatus (RSA) and the ideological state apparatus. (ISA) Both apparatuses are used to maintain the bourgeoisie in power. The repressive state apparatus uses force; this can be seen through the use of the law enforcement or prisons to maintain power whilst the ideological state apparatus is used by influencing the way people think.

We spend many police and legal resources to investigate, hold trials, and punish drug offenders, and in the last 10 years, the number of drug offenders still remain very high. Also, repeat offenders count for no less than 90% of drug offenders each year from 2007 to 2011 . This data indicates the way we fight drugs is not efficient, and that those who return to society from the correctional facilities is not

The United States has the highest incarceration rates in the world. According to Attorney General Eric Holder “The U.S. accounts for 5% of the world's population, but 25% of the world’s prisoners”. The United States incarceration rates were not always so drastic. In fact, according to the Sentencing Project, in less than 30 years “The U.S. penal population exploded from around 300,000 to more than 2 million”. The primary contributor to this enormous growth of the prison system is due to The WAR ON DRUGS. Now the question we should be asking: is the war on drugs doing more harm than good?