In New York state, you can go to prison for seven years for slapping a bus driver or a cabbie.
America for long has been the country of "biggest".
Largest cars, largest tort payments, and longest prison sentences.
We need to get out of the mentality that biggest is best!
America for long has been the country of "biggest".
Largest cars, largest tort payments, and longest prison sentences.
We need to get out of the mentality that biggest is best!
21
Prison should be reserved for violent/non-violent sane organized chronic career criminal individuals and organizations who do the most socioeconomic political educational mental and physical health damage to American individuals. groups and institutions. Without regard to gender, race, color, ethnicity, faith, socioeconomics, politics and education.
End the American war on the poor black and brown non-violent illegal drug users and those in possession of illegal drugs. End the American war on poor individual real human beings relying on welfare. End the American prison-industrial complex. Begin rational reasonable gun control.
Lock up and punish more of the right criminally dangerous damaging American persons.
End the American war on the poor black and brown non-violent illegal drug users and those in possession of illegal drugs. End the American war on poor individual real human beings relying on welfare. End the American prison-industrial complex. Begin rational reasonable gun control.
Lock up and punish more of the right criminally dangerous damaging American persons.
10
If the goal is to inhibit crime then the punishment should be swift and certain, and not necessarily severe. The current system is slow, highly uncertain , and severe. I have no idea what the current system is designed to do, but it does foster crime and disrespect for the law.
5
You missed a big one, but unfortunately, one that costs money: Increase beds at state psychiatric hospitals and stop shutting those hospitals down. Take every schizophrenic and bipolar inmate in a state prison and put him in a state hospital where he will be treated humanely and may even be able to be discharged to a community residence without posing a danger to the community. Unfortunately Gov. Cuomo does not want to do this because state hospitalization costs two to three times as much as prison. But it would be the right thing to do.
27
If most people imprisoned for violent crimes are going to commit more violent crimes when they are released, then cutting their sentences in half will double their rate of violent crimes. That's not a trivial or unimportant effect. One thing the article doesn't acknowledge is that even without deterrence, putting violent criminals in prison means they aren't attacking the public while they are there. This is another of the inconvenient truths to be faced.
Saying that because Europe has lower incarceration rates and lower violent crime rates proves that we can lower incarceration rates and have less violent crime is pretty much a non sequitur. There are so many other differences between European society and US society.
Saying that because Europe has lower incarceration rates and lower violent crime rates proves that we can lower incarceration rates and have less violent crime is pretty much a non sequitur. There are so many other differences between European society and US society.
11
Poor Black males are the bulk of offenders, this is left out
7
No not everyone agrees on locking up fewer people. Keep the criminals in jail so everyone not just those in the UES, Georgetown, Pacific Heights, and other posh neighborhoods are safe. Lower the the cost of locking people up. Eliminate the prison guard unions and outsource prisons to Mexico.
7
What is the purpose of incarceration? If we want fewer people in jail, then we need to focus on rehabilitation, counseling, education, for those already in jail. And we need to provide alternatives to jail, including similar programs for carefully selected criminals. Additionally, I question the election of judges, since persons who face elections often want to show harsh sentences as a means of touting themselves to voters. It might be better if judges had to get certified for the job, including courses in alternatives to jail, with some type of impartial appointments for a specified time period. Also, end privatized prisons!
Many countries have better prison systems than we do. Learn from what works.
Surely we can do better as a society.
Many countries have better prison systems than we do. Learn from what works.
Surely we can do better as a society.
23
It is a bit awkward to claim to be the leader of the free world, and to put more people in prison than any other nation.
Large part of the problem is Nixon/Mitchel's CSA (Controlled Substances Act) which arbitrarily made criminal all manner of association with an arbitrary list of substances.
Substances should be regulated and taxed.
Prohibition of them just creates opportunities for criminal enterprise, and runs up the number of people we put in prison.
Large part of the problem is Nixon/Mitchel's CSA (Controlled Substances Act) which arbitrarily made criminal all manner of association with an arbitrary list of substances.
Substances should be regulated and taxed.
Prohibition of them just creates opportunities for criminal enterprise, and runs up the number of people we put in prison.
16
The city of Baltimore arrested 100,000 people in 2006. This is in a town of 600,000. Excessive?
The police chief of Washington, DC, smart and engaged, said that she and her officers realized that arresting too many people in high crime areas would undermine law enforcement by making the entire community hostile toward police. They backed off. She even told her officers to try not to arrest someone if you don't have to.
In Fergerson, Mo., the courts issued 30,000 warrants in 2013 in a town of 20,000 people. If that's not excessive, I don't know what is. The police became bill collectors carrying badges and guns. No wonder the city finally exploded.
Being "tough on crime" means you don't consider who is an active threat to the community and who is not. Treat everyone the same, as a thug in need of a long term behind bars. In the process, people are made all but unemployable, angry and ready to lash out at "society", however it might manifest itself.
I know of a case in e. Texas where a man was given a life term, no possibility of patrol, for injuring a police officer when he was drug crazed. The state brought two separate cases against him. He was "allowed" to plead guilty to the second charge, provided he gave up all rights of appeal. Two life terms.
Don't assume that the system is working properly, because it is not. Police sometimes lie or distort, prosecutors withhold evidence they are supposed to provide to the defense and judges over sentence for lesser crimes.
23
Western Europe has far fewer people in prison but also far fewer violent criminals. Nor does Europe glorify violence like Hollywood and segments of the American music industry.
25
Well Gee I agree that our system is in need of improvement. Just insisting that too many are in jail for whatever reason is foolish. I have no problem with keeping dangerous folks in prison, I would prefer that they be eliminated. How to deal with drugs and their associated criminal activity is a very hard issue. Making things legal is not working out that well in areas where it is being tried.
7
Too many people in jail is the latest fad of limousine liberals who live in the UES, Georgetown, Pacific Heights, Shaker Heights, Back Bay, Chevy Chase, Greenwich, etc..and other safe neighborhoods.
11
You're putting words in the author's mouthes. Reduced sentencing and getting rid of mandatory sentencing is not at all the same as legalization.
6
"...New Jersey, California and New York have all reduced their prison populations by about 25 percent in recent years, with no increase in crime..."
I would guess that you have studiously ignored the latest crime stats from CA.
I would guess that you have studiously ignored the latest crime stats from CA.
9
CA crime rates show a definite downward trend. Blips have to be considered noise unless a trend an be otherwise established.
https://oag.ca.gov/crime
https://oag.ca.gov/crime
8
For years drunk drivers were given a pass, even in cases of vehicular homicide, which sparked a backlash movement out of which MADD was born.
I applaud the group for the success they have had on focusing public opinion on the problem of drunk drivers and the tragic effects drunk drivers have had on far too many families, yet their efforts have led to today's legislators passing the equivalent of the "Rockefeller Drug Sentences," which mandate felony status, and some jail time, even in instances when there were no deaths, injuries or property damage associated with the arrest.
The following link is to 2013 Senate Bill, which is now the law in NYS:
http://www.nysenate.gov/press-release/senate-passes-bill-require-mandato...
I applaud the group for the success they have had on focusing public opinion on the problem of drunk drivers and the tragic effects drunk drivers have had on far too many families, yet their efforts have led to today's legislators passing the equivalent of the "Rockefeller Drug Sentences," which mandate felony status, and some jail time, even in instances when there were no deaths, injuries or property damage associated with the arrest.
The following link is to 2013 Senate Bill, which is now the law in NYS:
http://www.nysenate.gov/press-release/senate-passes-bill-require-mandato...
8
Well, texting or playing video games while driving can be just as bad, so you can imagine what clampdown is right around the corner.....
2
According to the White House Office of National Drug Control Policy about 18 percent of state prison inmates are incarcerated for drug offense, but only about 2.7 are incarcerated for offenses involving marijuana, and only 0.1 percent of these are marijuana possession offenders with no previous offenses. Drug offenders make up 51 percent of inmates in federal prisoner, but federal prisoners make up only 13 percent the prison population. Data show 99.8 percent of federal prisoners sentence for drug offenses were incarcerated for drug trafficking, not possession. Virtually all inmates incarcerated for drug offenses are heroin, cocaine and meth dealers. These drugs kill about 13,000 American each year. More Americans die of illegal drug overdoses than are shot, stabbed, strangled or beat to death. How many drug dealers do we want to put back on the streets? Drug dealers are our most prolific killers.
13
Agreed, cigarettes kill 475,000 Americans a year.
Add to the personal tragedy to each family that you and I pay the increased health care costs.
Put the dealers in jail?
Add to the personal tragedy to each family that you and I pay the increased health care costs.
Put the dealers in jail?
12
The primary reason U.S. incarceration rates are high is that U.S. crime clearance rates are high. We can lower the incarceration rate by lowering the clearance rate. (Clearance rates are calculated by dividing the number of crimes that are "cleared" by arrests.) In 2013, police made arrests in 48.1 percent of violent crimes and 19.7 percent of property crimes. 64.1 percent of murder offenses, 40.6 percent of rape offenses, 40.0 percent of rape offenses (legacy definition), 29.4 percent of robbery offenses, and 57.7 percent of aggravated assault offenses were cleared by arrest. We are arrest almost 50 percent of felons who commit violent crimes, although many get off with probation for their first offense. More than half of murderers get caught and more than 40 percent of rapists get caught (counting only rapes that get reported of course). It no wonder criminals are complaining. Robbery, rape, burglar, and arson are still easy to get away with, but murder someone and you run a better than 50 percent of ended up in cell.
6
The reason the clearance rate is so high is because many of the individuals arrested cannot afford an attorney and wind up accepting a plea bargain, even if they are not guilty.
The other problem we have is that most people perceive an arrest as evidence of guilt, therefore even if they went to trial their likelihood of success is very low. The Bronx stands out as the exception where the prosecutors at trial have a conviction rate of less than 50%.
The other problem we have is that most people perceive an arrest as evidence of guilt, therefore even if they went to trial their likelihood of success is very low. The Bronx stands out as the exception where the prosecutors at trial have a conviction rate of less than 50%.
7
Criminal justice and incarceration are a source of income for millions of cops, lawyers, jailers, and private prison tycoons. The folks making a living tormenting evildoers need to be trained for other jobs, and the prisons need to be repurposed.
15
Too Late.
We've already locked them up, now we have to figure out how to let them go.
Reentry programming and discharge planning are necessary remedies to the culture of prisons and the "convict code" mindset that are part of being locked up.
Don't think we're just releasing bodies, we're releasing thinking people back to neighborhoods and communities that have changed a great deal since those offenders went 'away'.
Think of all the technology they know nothing about. Think of all the things they have to learn to stay straight. The "Go Back" ain't easy.
They need the help and support from people they know and trust, people who can provide society with the 'informal controls' that make the difference between success and failure for the Reentry process.
There is a prison mindset and a community mindset that has to be changed.
This change must come from within the offenders thinking and the Values Program for offenders is an important remedy to the Reentry challenge at WWW.REENTRY-REINTEGRATION.COM.
Aging out of criminal behavior is natural, but the pathway back to the neighborhood can only be found if there are motivating factors that focus on family and community values.
We've already locked them up, now we have to figure out how to let them go.
Reentry programming and discharge planning are necessary remedies to the culture of prisons and the "convict code" mindset that are part of being locked up.
Don't think we're just releasing bodies, we're releasing thinking people back to neighborhoods and communities that have changed a great deal since those offenders went 'away'.
Think of all the technology they know nothing about. Think of all the things they have to learn to stay straight. The "Go Back" ain't easy.
They need the help and support from people they know and trust, people who can provide society with the 'informal controls' that make the difference between success and failure for the Reentry process.
There is a prison mindset and a community mindset that has to be changed.
This change must come from within the offenders thinking and the Values Program for offenders is an important remedy to the Reentry challenge at WWW.REENTRY-REINTEGRATION.COM.
Aging out of criminal behavior is natural, but the pathway back to the neighborhood can only be found if there are motivating factors that focus on family and community values.
9
The "war on drugs" has been failing us as a society and as individuals. It's wasted too much money and too many lives are being lost. That includes all the non-violent drug offenders who has been serving outrageously long sentences for things they did long ago. -> "The Clemency Report named Richard Wershe Jr., a 44-year-old with a colorful past, as Michigan's inmate most deserving of clemency. He was arrested for cocaine at age 17, in May 1987, and has been serving his life for this single, non-violent offense ever since.
Richard gained fame in the Detroit area as "White Boy Rick" when the DEA and other officers used him as an informant starting at age 14. He was busted for possession with intent to distribute eight kilograms of cocaine at age 17. He has been turned down for parole three times and will be eligible again in 2017.
His case has been detailed in many news stories and further information can be found at the FreeWhiteBoyRickWershe Facebook page." - http://clemencyreport.org/richard-wershe-jr-named-michigans-no-1-inmate-...
Richard gained fame in the Detroit area as "White Boy Rick" when the DEA and other officers used him as an informant starting at age 14. He was busted for possession with intent to distribute eight kilograms of cocaine at age 17. He has been turned down for parole three times and will be eligible again in 2017.
His case has been detailed in many news stories and further information can be found at the FreeWhiteBoyRickWershe Facebook page." - http://clemencyreport.org/richard-wershe-jr-named-michigans-no-1-inmate-...
7
Follow Portugal's example. Decriminalize drugs. Period.
29
This is all wrong. All those politicians agree only on reducing the costs of our prison system, not on how to reform the C-J system or how to help the people we hold in jail. As long as half the country believes in vengeance and meting out punishment (read the comments here) over penalization and rehabilitation, we won't agree on a uniform solution. The media should stop writing simplistic happy pieces about bipartisan comity.
6
What rehab actually works? Nothing has been proven effective. Most of this is a state's issue let each state do as their citizens desire. Simple!!!
8
At last, an admission that most of those in jail for drug offenses are not there for merely being caught with a joint. They are dealers, often of hard drugs that poison their communities.
Our justice system may have occasional flaws, but if you are in jail, you have committed a serious offense and deserve to be there. Many are repeat offenders. What excuse can be offered for them?
It is critical to recognize to corrosive effect that high crimes rates have upon a nation's social fabric. Immigrants flee here by the thousands to escape crime and corruption. It would be a national tragedy to allow it to increase.
I suggest that those who wish to soften our laws, move and sample the life style of any South American country, Puerto Rico, Spain, Greece, Portugal, etc, etc.
I agree that the size of our prison population is an obscenity. We need to deal with its root causes : broken families, contempt for work and education, contempt for rules and authority. and the loss of a moral center. In some locales, crime is an accepted occupational choice. "Don't snitch"
It is true that many criminals "age out of crime" sentencing policies should reflect this fact.
Our justice system may have occasional flaws, but if you are in jail, you have committed a serious offense and deserve to be there. Many are repeat offenders. What excuse can be offered for them?
It is critical to recognize to corrosive effect that high crimes rates have upon a nation's social fabric. Immigrants flee here by the thousands to escape crime and corruption. It would be a national tragedy to allow it to increase.
I suggest that those who wish to soften our laws, move and sample the life style of any South American country, Puerto Rico, Spain, Greece, Portugal, etc, etc.
I agree that the size of our prison population is an obscenity. We need to deal with its root causes : broken families, contempt for work and education, contempt for rules and authority. and the loss of a moral center. In some locales, crime is an accepted occupational choice. "Don't snitch"
It is true that many criminals "age out of crime" sentencing policies should reflect this fact.
12
Not only that, they are usually members of potentially violent gangs. Besides are large stock of drugs, they have guns in their house, guns in their cars, guns in their waistband. Violence and threatening behavior is a routine part of their drug-selling business.
Where are the non-violent drug dealers? Obviously they're been driven away by the tougher guys, for the most part. There are still a few guys who discretely sell marijuana and cocaine to rich people, but they are a small minority.
Where are the non-violent drug dealers? Obviously they're been driven away by the tougher guys, for the most part. There are still a few guys who discretely sell marijuana and cocaine to rich people, but they are a small minority.
8
The problems you mention, " broken families, contempt for work and education, contempt for rules and authority, and the loss of a moral center" all go away when you get people educated and working and out of poverty into the middle class.
However, the usual chest thumping and "physician heal thyself" talk will never solve the problems.
However, the usual chest thumping and "physician heal thyself" talk will never solve the problems.
7
I'm not sure how an author discussing the obstacles to ending mass incarceration can fail to mention the burgeoning and lucrative private prison industry. The private prison corporations have huge profits, which in the US translates to huge lobbying power, and like all corporations, they can vet candidates and the ones who are "the toughest on crime", get the campaign cash bonanza. The private prison share of the total inmate population will continue to rise, taking us further away from needed reforms.
Mass incarceration is a symptom of a dysfunctional society - we can see that clearly in other countries such as the old Soviet Union and apartheid-era South Africa, but our politicians and media are either in denial or they're doing their best to push us into denial.
There are many political and societal reforms which need to be addressed before the penal/justice system can be reformed.
Mass incarceration is a symptom of a dysfunctional society - we can see that clearly in other countries such as the old Soviet Union and apartheid-era South Africa, but our politicians and media are either in denial or they're doing their best to push us into denial.
There are many political and societal reforms which need to be addressed before the penal/justice system can be reformed.
42
Only 4% of the prisoners are held in privately-owned prisons, so it's hardly 'huge'.
8
Another way in which the US is exceptional.
9
It's true. Most people in the US except for ghettos live relatively free from the fear of crime. Many places in world this is not the case
6
Excellent article..though I'm sure it will get less attention that the cover stories of infidelity and glamping. I don't understand why so many Americans are willing to throw away the lives of so many others. Prison should be a rarely used option as it is in other democratic countries. I sincerely hope we might be starting to raise awareness on the topic, and state by state make changes.
9
Well gee nobody has our population, and it is used rarely. Folks commit multiple criminal acts before prison is the result. Good to note state by state. How about those liberal states let their criminals out, but keep them in your state and out of mine. Simple!!!
Yes, western European countries incarcerate fewer people and have fewer homicides. How about other violent crimes?
Our crime rate decreased markedly when we got problematic folks out of society. Being tough on crime worked.
And how many Euro-societies have urban underclasses, or tens of millions of illegal aliens? To paraphrase a sage, Sweden might have little crime, but Americans of Swedish descent commit very few crimes, either.
While we would clearly benefit by getting government out of the drug biz (and out of a lot of other bizzes, too), the problem is less mass incarceration than mass criminality. You’re right: there’s little percentage in channeling the fictional Shawshank, incarcerating elderly, once violent men. The point of incarceration should be punitive and protective, with the emphasis on the latter. People with a propensity for violence should be precluded from acting violently.
Simply put, prisons are costly, but violent crime is worse. There is no evidence that the people doing time for violent offenses don’t deserve it, or that society would benefit from springing them.
Sure, end the lost “war on drugs”; stop criminalizing plants. But for those folks who demonstrate that they can’t be trusted to behave properly? Very little sympathy.
Our crime rate decreased markedly when we got problematic folks out of society. Being tough on crime worked.
And how many Euro-societies have urban underclasses, or tens of millions of illegal aliens? To paraphrase a sage, Sweden might have little crime, but Americans of Swedish descent commit very few crimes, either.
While we would clearly benefit by getting government out of the drug biz (and out of a lot of other bizzes, too), the problem is less mass incarceration than mass criminality. You’re right: there’s little percentage in channeling the fictional Shawshank, incarcerating elderly, once violent men. The point of incarceration should be punitive and protective, with the emphasis on the latter. People with a propensity for violence should be precluded from acting violently.
Simply put, prisons are costly, but violent crime is worse. There is no evidence that the people doing time for violent offenses don’t deserve it, or that society would benefit from springing them.
Sure, end the lost “war on drugs”; stop criminalizing plants. But for those folks who demonstrate that they can’t be trusted to behave properly? Very little sympathy.
8
I disagree that we have too many people in prison. The low rate of arrests for serious crimes seems to indicate that we have too few people in prison.
NPR: "Violent crime in America has been falling for two decades. That's the good news. The bad news is, when crimes occur, they mostly go unpunished."
"In fact, for most major crimes, police don't even make an arrest or identify a suspect."
http://www.npr.org/2015/03/30/395799413/how-many-crimes-do-your-police-c...
NPR: "Violent crime in America has been falling for two decades. That's the good news. The bad news is, when crimes occur, they mostly go unpunished."
"In fact, for most major crimes, police don't even make an arrest or identify a suspect."
http://www.npr.org/2015/03/30/395799413/how-many-crimes-do-your-police-c...
11
Prisons should be viewed as educational establishments. Allow prisoners to set their own release date based on achievement of educational goals. Anyone serving time for simple marijuana possession should be released forthwith. End the privatization of prisons. Perhaps some of these suggestions are not appropriate in every instance, but at least we are talking about about the subject, and that is a good first step.
1
Actually, it is our schools that should be educational establishments, teaching our young that they have a responsibility to follow the rules of civilized coexistence. God knows that the parents, if they are around, aren't doing it. That there is a scarcity of emphasis on civics courses is evidenced by the apathy of graduates, the ignorance of how society functions, their self-centered point of view and their disregard for the rights of others.
Our prisons exist to serve three functions; the removal of the proven dangerous from the rest of us, the punishment of criminals for breaking society's laws and the prevention of future crime by providing a way for the penitent to re-enter and impact society in a less harmful manner.
As it stands, the overcrowding produces an atmosphere where prison gang dominance and violence is permitted to exist and continue, making prison survival dependent upon meeting brutality with brutality, thus perpetuating the problem.
Our prisons exist to serve three functions; the removal of the proven dangerous from the rest of us, the punishment of criminals for breaking society's laws and the prevention of future crime by providing a way for the penitent to re-enter and impact society in a less harmful manner.
As it stands, the overcrowding produces an atmosphere where prison gang dominance and violence is permitted to exist and continue, making prison survival dependent upon meeting brutality with brutality, thus perpetuating the problem.
1
I certainly agree with Marc and David, but first we should do something about the recession and jobs. However, the stinking rich are doing well and their political party sees no reason to be creating jobs for the ungrateful middle class. These guys get two meals a day and a place to sleep where they are at now.
2
In self report studies of criminality about 95 percent of the population has committed an offense that could be classified as a felony. They have cheated on their taxes, driven while intoxicated, smoked and bought marijuana, threatened someone, beat someone to the point of injury, assaulted an intimate, engaged in a fraud, taken something that didn't belong to them ad infinitum. Those are felonies punishable by imprisonment.
They have not been apprehended and hauled off to jail. Or they received probation and not prison. They are not "real criminals".
Yet they offer opinions about what to do with "real criminals".
They have not been apprehended and hauled off to jail. Or they received probation and not prison. They are not "real criminals".
Yet they offer opinions about what to do with "real criminals".
8
A better question might be "How to release more people" from our prisons.
Eventually, almost all prisoners are released. We refer to that process as 'Reentry" and most prisoners are not prepared for the opportunity to start all over again.
Before they board that "Go Back" bus we need to prepare them for the shock of suddenly being responsible for themselves. No more '3 hots and a cot' and no more 'count time' routine.
Programs must be made available to prisoners before release that guide them through the Reentry process and connect them to people that are valuable to them and whose values they share. This is the root of the humanity, the concern for others that has been missing and that has enabled their criminal behavior.
The Values Re-Entry program www.reentry-reintegration.com directs the thinking of prisoners through cognitive self change and prepares them for community living, having concerns for others.
Locking people away from society makes them anti-social, converts them to being victims and without correcting their thinking, changes nothing.
Prison is the opportunity for society and offender alike to reassess the values that are missing and needed to make responsibility the highest value.
Eventually, almost all prisoners are released. We refer to that process as 'Reentry" and most prisoners are not prepared for the opportunity to start all over again.
Before they board that "Go Back" bus we need to prepare them for the shock of suddenly being responsible for themselves. No more '3 hots and a cot' and no more 'count time' routine.
Programs must be made available to prisoners before release that guide them through the Reentry process and connect them to people that are valuable to them and whose values they share. This is the root of the humanity, the concern for others that has been missing and that has enabled their criminal behavior.
The Values Re-Entry program www.reentry-reintegration.com directs the thinking of prisoners through cognitive self change and prepares them for community living, having concerns for others.
Locking people away from society makes them anti-social, converts them to being victims and without correcting their thinking, changes nothing.
Prison is the opportunity for society and offender alike to reassess the values that are missing and needed to make responsibility the highest value.
4
After two and one half decades in the criminal justice system as a defense attorney, I can count on one hand the number of people that I truly thought were evil. I have defended all types of criminals from individuals who have committed murder to those who are heavily involved in the drug trade, along with people charged with different types of crime from petty too serious. In a recent article in The New Yorker, the district attorney in Milwaukee, Wisconsin, in discussing a reform plan that they have implemented, stated that there are two types of criminals: those who are truly violent and need to be locked up, and the rest you are just merely annoying. I would agree with this assessment the vast majority of crimes are committed by people who are just annoying, and are not per se, violent or dangerous people. Many of these individuals range from people who are stopped for minor traffic violations, and their cars and persons are searched and drugs are found. Others commit petty property offenses. However, most of these individuals do not deserve long-term prison sentences, and too often, those who do complete long term prison sentences, are not fit to be returned to society once they are released. As a nation which has sent a man to the moon, I think we can figure out a system which addresses the inequities of crime, which too often has its roots in poverty, without resorting to the easiest of all solutions: retribution.
56
Every week they're locked up is a week they're NOT mugging, raping and robbing.
8
or having sex with their 15 year old girlfriend, or possessing a drug legal in some states, or driving with a suspended license because they could not pay their fines and fees for speeding, or . . . .
1
Many (not all) of the prison population has proven over time not to have been "rehabilitative." Unfortunately ( like the guy last week who murdered the people he held at ramson in a D.C. suburb) and do we want more of these "career criminals" out and about? I think, not.
12
To ignore the fact that mass incarceration had at least something to do with reduction of NYC crimes like murder (from 2,262 in 1991 to 335 last year) and an overall 80 per cent reduction in all felonies, is both disingenuous and dangerous. In some communities jail time is even a status symbol therefore among suggested reforms in the article, what we need to do is change the culture that feeds the prison pipeline.
If we are serious about needed reform we might start by recognizing the need for sincere and effective retribution for a people literally robbed of body, mind and spirit. No child of African ancestry should need to spend a single cent for education from pre med to post Ed., and college for the qualified of all Americans, needs to be an affordable reality; yes, even for those imprisoned.
If we are serious about needed reform we might start by recognizing the need for sincere and effective retribution for a people literally robbed of body, mind and spirit. No child of African ancestry should need to spend a single cent for education from pre med to post Ed., and college for the qualified of all Americans, needs to be an affordable reality; yes, even for those imprisoned.
3
"No child of African ancestry should need to spend a single cent for education from pre med to post Ed.,"
Why not ALL americans, not just African-Americans.
Why not ALL americans, not just African-Americans.
2
Oh. Please.
2
The growing privatization of prisons is also a large part of the problem. I would like to see mass incarceration ended. Period. It has no place in a civilized society. All of our young people - ALL of them - should be well educated and learn skills for gainful employment in schools, not in prisons. Schools need to be top-notch in all neighborhoods, not just wealthy neighborhoods. Let’s spend money on quality teachers, not prison guards.
Young people should be educated on family planning, too. If all babies were brought into healthy home environments where they were loved, respected and cherished, and had access to healthy foods and a proper education as they grew up, rather than being abused, malnourished and neglected, living in grinding poverty, then shot at - sometimes by the police - racially profiled and locked up as teenagers, we would be a lot better off. The amount of money our society wastes while ruining the lives of minority families is shocking and abhorrent. Let’s get our priorities straight!
Young people should be educated on family planning, too. If all babies were brought into healthy home environments where they were loved, respected and cherished, and had access to healthy foods and a proper education as they grew up, rather than being abused, malnourished and neglected, living in grinding poverty, then shot at - sometimes by the police - racially profiled and locked up as teenagers, we would be a lot better off. The amount of money our society wastes while ruining the lives of minority families is shocking and abhorrent. Let’s get our priorities straight!
8
"Schools need to be top-notch in all neighborhoods, not just wealthy neighborhoods."
And what good would that do for those who do not value education and attack those who do for "acting white"?
And what good would that do for those who do not value education and attack those who do for "acting white"?
7
Well Charles, I certainly don’t want to be the arbiter of which children “deserve” the opportunity for a proper education. I think all children should have the chance to learn, grow and succeed. Obviously there are many other societal problems we must also overcome, such as pervasive, ugly racism.
2
I found it strange that the author ignored the mentally ill that are incarcerated due to the lack of proper mental health facilities to keep them and the public safe. What percentage are mentally ill? The criminal justice system and the public have not decided what to do with the schizophrenic person who doesn't take his medications. This often results in the individual that hurts or destroys something because they heard it in their heads that that is what they were supposed to do. Last I read, the guards were having a rough time handling these prisoners.
27
Some years ago a PA State Trooper came to my business in Elizabethtown PA. She was looking for one of my employees, a woman who was rather pathetic and who we employed because she could do some work that no one else wanted to do. We didn't even need it done, but going her something to do helped her and we felt good assisting her. It helped her pay the rent and buy food and she got to socialize a bit. Everyone knew this woman needed some kindness.
The state trooper was there to arrest her. Several months before we employed the woman she committed the crime of shop lifting some cup cakes and other food from a grocery store. She did it repeatedly and the bill was about $200 or so. She was sentenced to 1 year in prison and paroled after two months. Now she faced arrest and months in prison for failing to make restitution ordered by the Court. She was paying about $5 a week but truly couldn't afford it. So, she was behind in payments and thus the arrest warrant for parole violation.
I offered on the spot to pay in full the woman's full debt. The trooper informed that was not allowed. I tried to call the Court in Lancaster and speak to the Judge and was also rebuffed. Finally, I had our counsel intervene and we paid all the bills and made arrangement to have the woman released. Still she had to serve a few days for violating the parole.
None of this was necessary. Even the state trooper wished she didn't have to arrest this desperate woman. But, it was the law.
The state trooper was there to arrest her. Several months before we employed the woman she committed the crime of shop lifting some cup cakes and other food from a grocery store. She did it repeatedly and the bill was about $200 or so. She was sentenced to 1 year in prison and paroled after two months. Now she faced arrest and months in prison for failing to make restitution ordered by the Court. She was paying about $5 a week but truly couldn't afford it. So, she was behind in payments and thus the arrest warrant for parole violation.
I offered on the spot to pay in full the woman's full debt. The trooper informed that was not allowed. I tried to call the Court in Lancaster and speak to the Judge and was also rebuffed. Finally, I had our counsel intervene and we paid all the bills and made arrangement to have the woman released. Still she had to serve a few days for violating the parole.
None of this was necessary. Even the state trooper wished she didn't have to arrest this desperate woman. But, it was the law.
87
In 1997 I worked for both the PA State Police and the PA Dept. of Corrections at Camp Hill. I was allowed to visit the prisons and I worked with the trustees at Camp Hill. After reading this opinion and the comments that followed I believe that there are 2 reasons the prison population problem will never change. First the criminal justice system needs fixing at more than one level. The courts, the legislatures and the police departments are steadfast in their belief that public safety is served best by long incarceration. The harsher the punishment the better. The public believes in locking criminals up and throwing away the key.
The other level is the people who commit crimes. They lack eduction, jobs, decent housing and generally face hopelessness. There is no future. They are manipulated on the streets into gangs, drugs and general crime just to survive. And the state legislatures are further guilty of closing state hospitals and throwing the mentally ill into the streets, ill prepared homes, or the criminal justice system. Prosecutors too seek the harshest terms that can be imposed for juveniles and adults. Our laws have made virtually everyone a criminal for minor infractions. We can't have piece meal solutions. Even parole boards need reformed. And the public too needs educated.
We can't afford the system we have. It breaks the bank and breaks the spirit. Frankly it would be more merciful to execute these prisoners than leave them forever in 8 X 12 cells.
The other level is the people who commit crimes. They lack eduction, jobs, decent housing and generally face hopelessness. There is no future. They are manipulated on the streets into gangs, drugs and general crime just to survive. And the state legislatures are further guilty of closing state hospitals and throwing the mentally ill into the streets, ill prepared homes, or the criminal justice system. Prosecutors too seek the harshest terms that can be imposed for juveniles and adults. Our laws have made virtually everyone a criminal for minor infractions. We can't have piece meal solutions. Even parole boards need reformed. And the public too needs educated.
We can't afford the system we have. It breaks the bank and breaks the spirit. Frankly it would be more merciful to execute these prisoners than leave them forever in 8 X 12 cells.
53
When Wall Street invests in prisons and Big Money has an interest in maximizing the prison population, reform has zero chance of change, aside from volumes of verbiage supporting it.
24
I find it hard to believe this article. Half of all prisoners are imprisoned for non violent crimes so what should we do? We should reduce the punishment for the violent offenders! The logic of this totally escapes me.
My approach would be to start with the innocents who have never hurt anyone. but what do i know. Time to go back to reading Jack and Jill. It would be a step up.
My approach would be to start with the innocents who have never hurt anyone. but what do i know. Time to go back to reading Jack and Jill. It would be a step up.
5
Well, what exactly are these crimes? If they're dishonest bankers and crooked stockbrokers, many NY Times readers are in favor of locking up even more of them.
Then there's the illegal importation of orchids:
http://www.heritage.org/research/reports/2009/07/the-unlikely-orchid-smu...
Then there's the illegal importation of orchids:
http://www.heritage.org/research/reports/2009/07/the-unlikely-orchid-smu...
2
The author states that "if we released everyone imprisoned for drugs tomorrow, we would still have 1.7 million people behind bars." But how many of the violent offenses are related to the illegality of drugs. Deals gone bad, fights over turf, revenge killings, robbing to score, etc. I would bet it's more than half of that 1.7 million. I wouldn't be surprised if it was up around 75%. I think that sort of changes the whole essay.
15
Beating someone into a coma is ok if it's for a drug deal?
3
Full employment would be a real help in lowering our prison population. While it would not solve the problem by any means, coupled with a education program (both in prison and through out our children's youth) would help immensely.
38
If the author is stating that people who commit violent crimes under the influence of alcohol or drugs aren't deterred by harsh sentences, then should we lessen penalties for drunk drivers who kill or injure people with their cars? The drunk driver didn't intend to kill anyone. So, if a person commits a violent crime, they are in a similar position to a drunk driver who puts society at risk with their behavior, which is taking a substance that may increase their risks of acting violently.
The author should be more honest and simply state that society must assume the risk of increased criminal activity, since mass incarceration creates what he believes to be a greater problem.
Given that increased hand gun restrictions aren't about to be enacted, our higher murder rate that Europe will undoubtedly continue.
The author should be more honest and simply state that society must assume the risk of increased criminal activity, since mass incarceration creates what he believes to be a greater problem.
Given that increased hand gun restrictions aren't about to be enacted, our higher murder rate that Europe will undoubtedly continue.
3
There certainly may be some prisoners who ought to be released. A miscarriage of justice for any reason should not result in prison time.
But to argue for the mass release of many criminals is to ignore the rights of citizens to be free of fear. The typical criminal is guilty of many crimes...not just the one they are convicted of. Releasing a criminal back into society guarantees an ongoing stream of new crimes and new victims.
Rather than argue for release of those incarcerated, it would be better to understand why we produce so many criminals and address that real problem in hope of reducing prison populations.
Pretending that criminals really aren't criminals anymore for the sake of budgetary issues is ludicrous
But to argue for the mass release of many criminals is to ignore the rights of citizens to be free of fear. The typical criminal is guilty of many crimes...not just the one they are convicted of. Releasing a criminal back into society guarantees an ongoing stream of new crimes and new victims.
Rather than argue for release of those incarcerated, it would be better to understand why we produce so many criminals and address that real problem in hope of reducing prison populations.
Pretending that criminals really aren't criminals anymore for the sake of budgetary issues is ludicrous
17
Americans jail other Americans at a rate far higher than other First World nations that have lower or comparable crime rates.
Not only is this stir-craziness expensive, it's illogical.
"Insanity: doing the same thing over and over again and expecting different results." — Albert Einstein
Not only is this stir-craziness expensive, it's illogical.
"Insanity: doing the same thing over and over again and expecting different results." — Albert Einstein
4
Many in prison struggled in school and never developed a vocational skill… and yet we've cut back on education and training opportunities in prison. Prisoners who are motivated to learn and want to find a way to earn money once their sentences are concluded would benefit from more programs and offering them inside the prison would be far more cost effective than offering them in the communities they came from. Recidivism would drop if employability increased.
10
Do you have any statistics? What is the employment rate for educated rapists, burglars, gang bangers and child abusers? Do you have any evidence that it's higher than for the uneducated? How many employers employ violent felons upon release, no matter what their skills? I would assume you know since you advocate spending millions of dollars on their education.
2
And what about those who do not value education and attack those who do for "acting white"?
1
A simple way to achieve better justice coupled with much lower rates of incarceration would be to make the sentence proportional to the economic value of the crime - with life only for theft over a billion. The present system often seems to make the sentence inversely proportional the economic impact.
3
Another simple way to reduce the number of people in jail would be for the people to stop committing crimes.
2
Legalize drugs, free all those now in the pen for nonviolent drug offenses, then leave the others there where they belong.
5
Applying incarceration statistics against failures to pay penalties, unemployment, civil asset forfeitures resulting in loss of livelihood or residence, lost wages, broken families, alienated and disenfranchised personalities and behaviors, bias, negative morale, and other causes of deficit- we're that much closer to zeroing out our accountability ledger.
Assuming we make the changes in our attitudes and ways of life and regarding right vs wrong vs differing opinion vs non-of-your-or-my-business implied by drawing these lines properly.
We can start by defining terms. What does "government" mean to you? I'd say we've been taught reliance and we've turned it to scapegoating. Either way, valuing independence of thought and factual reporting, for the truth to matter in our judicial system, true equality, and to learn and teach and value integrity in all we do, at all times-and Norplant from age 13, less work hours so parents can teach their kids and nurture their home and family and grow their own food supply (it's kind of stupid to rely on a paycheck to eat, naturally speaking-) it's not too much to accomplish, but would change the world.
Assuming we make the changes in our attitudes and ways of life and regarding right vs wrong vs differing opinion vs non-of-your-or-my-business implied by drawing these lines properly.
We can start by defining terms. What does "government" mean to you? I'd say we've been taught reliance and we've turned it to scapegoating. Either way, valuing independence of thought and factual reporting, for the truth to matter in our judicial system, true equality, and to learn and teach and value integrity in all we do, at all times-and Norplant from age 13, less work hours so parents can teach their kids and nurture their home and family and grow their own food supply (it's kind of stupid to rely on a paycheck to eat, naturally speaking-) it's not too much to accomplish, but would change the world.
Another approach is to keep fewer people in prisons, the "back end" approach.
We need a measurable method to determine which prisoners could be released to community supervision, while at the same time determining each offenders commitment to change.
We want released offenders to return to their communities and live with the same value and belief systems as everyone else.
We have created discharge programs that do not have a concentration on values, and ignore the thinking of the offender. Many offenders can be released from prisons if they had available to them a set of guidelines for pro-social thinking and a set of goals that included the concerns of significant other people.
The key to behavior change from criminal offender to citizen is a sense of humanity, concern for consequences for other people. Criminal behavior and humanity cannot co-exist.
This holds true for an armed robber and for Bernie Madoff.
There is such a program that provides an offender with the opportunity for change and guides him step by step through the process.
www.reentry-reintegration.com is the revolutionary change program that provides the "why" for offender change.
We need to recognize however that there is a strong push back against reducing the prisoner population in the United States, and that is the economic affect on the many communities that rely on the jobs and the logistics of maintaining the prison itself.
Can these facilities be repurposed?
We need a measurable method to determine which prisoners could be released to community supervision, while at the same time determining each offenders commitment to change.
We want released offenders to return to their communities and live with the same value and belief systems as everyone else.
We have created discharge programs that do not have a concentration on values, and ignore the thinking of the offender. Many offenders can be released from prisons if they had available to them a set of guidelines for pro-social thinking and a set of goals that included the concerns of significant other people.
The key to behavior change from criminal offender to citizen is a sense of humanity, concern for consequences for other people. Criminal behavior and humanity cannot co-exist.
This holds true for an armed robber and for Bernie Madoff.
There is such a program that provides an offender with the opportunity for change and guides him step by step through the process.
www.reentry-reintegration.com is the revolutionary change program that provides the "why" for offender change.
We need to recognize however that there is a strong push back against reducing the prisoner population in the United States, and that is the economic affect on the many communities that rely on the jobs and the logistics of maintaining the prison itself.
Can these facilities be repurposed?
3
We can start at the "back end" of sentences.
When prisoners are released according to the 'max out' date and not according to their own commitment to behavior change, we are merely using the calendar as a metric for recidivism.
Reentry programs that have a cognitive self change design are effective to change the criminogenic thinking patterns of offenders.
The Values Re-Entry program is an opportunity for offenders and the public alike to change outcomes and facilitate early release such as parole and community supervision.
An offender's own values are the key to his change from criminal thinking to becoming reintegration ready.
If you change the thinking, you will change the behavior.
Multiply this effect by the many prisoners who are beginning to "age out" or rather "mature out" from committing crimes and are in need of a self made discharge plan for a pathway to a better life, and you have a significant reduction in the prison population.
See WWW.REENTRY-REINTEGRATION.COM for alternative solutions that come from within the thinking of offenders to change their mind sets and accelerate the aging out process.
When prisoners are released according to the 'max out' date and not according to their own commitment to behavior change, we are merely using the calendar as a metric for recidivism.
Reentry programs that have a cognitive self change design are effective to change the criminogenic thinking patterns of offenders.
The Values Re-Entry program is an opportunity for offenders and the public alike to change outcomes and facilitate early release such as parole and community supervision.
An offender's own values are the key to his change from criminal thinking to becoming reintegration ready.
If you change the thinking, you will change the behavior.
Multiply this effect by the many prisoners who are beginning to "age out" or rather "mature out" from committing crimes and are in need of a self made discharge plan for a pathway to a better life, and you have a significant reduction in the prison population.
See WWW.REENTRY-REINTEGRATION.COM for alternative solutions that come from within the thinking of offenders to change their mind sets and accelerate the aging out process.
3
From a technical & common sense point of view the article & comments are well written. That being said...it's all an illusion to cover up big business and massive profit taking at work. The appearance of justice being served placates the moral majority while meeting a definition of justice set forth by the Supreme Court.
Everything is all about the money and has nothing to do with common sense or being proper; there is simply too much money involved these days at all levels to rock the boat with meaningful change.
The catch phrases "war on drugs", and "dead beat dads" are two feel good slogans that create strong emotional responses and incarcerate so many are simply cover ups for huge businesses that generate billions every year and legalize the theft of homes, cars and assets by those with a sharp pencil instead of a gun.
Dead beat dads are created in family courts by the thousands to provide an endless stream of bodies in order to collect federal subsidies. The jails are run by third party contractors and are typically guaranteed a minimum occupancy by the state; which now has an obligation to meet through the court system.
Local justice systems have evolved into one of the largest for profit businesses that also has immunity for whatever happens. Why would anyone want to reduce the number of people being locked up and mess up the revenue streams??? Fagetaboutit.
Everything is all about the money and has nothing to do with common sense or being proper; there is simply too much money involved these days at all levels to rock the boat with meaningful change.
The catch phrases "war on drugs", and "dead beat dads" are two feel good slogans that create strong emotional responses and incarcerate so many are simply cover ups for huge businesses that generate billions every year and legalize the theft of homes, cars and assets by those with a sharp pencil instead of a gun.
Dead beat dads are created in family courts by the thousands to provide an endless stream of bodies in order to collect federal subsidies. The jails are run by third party contractors and are typically guaranteed a minimum occupancy by the state; which now has an obligation to meet through the court system.
Local justice systems have evolved into one of the largest for profit businesses that also has immunity for whatever happens. Why would anyone want to reduce the number of people being locked up and mess up the revenue streams??? Fagetaboutit.
14
Some states lock up far fewer people than do others, even when we take local crime rates into account, and some have learned how to substantially reduce their populations over time. These lessons are being lost on state legislatures in the high lockup states, who are responding not to sound policy options but to political incentives that produce waste and increase public safety risks. Leadership and political guts can help move the high lockup places closer to the places that seem better able to resist the siren call of incarceration.
5
Here’s the problem: most people don’t really care that some sociologists claim that cutting sentences in half for most violent crimes that don’t really involve material or pathological predation won’t significantly undermine deterrence or increase the threat of repeat offending. First, they don’t believe it, then they recognize that even what’s claimed is simply a trend-line, and that the offender who is released into THEIR community early may be the one who kills the convenience store clerk THIS time. Yet, a lot of them also would question why a woman who knifed a known and seriously abusive partner is in a state prison to begin with.
But it’s hard to get beyond that fear. When we have such diverse political personalities as those cited who agree that we somehow need to incarcerate fewer, yet they can do nothing about it, it’s because of that fear that consumes their constituencies – most of whom won’t read this op-ed. What needs to happen before policy can catch up with emotion is to change the emotion.
In the meantime, we could probably eventually sell decriminalization of non-violent drug offenses, perhaps even up to low-level distributors. If we could do that, a big part of the problem would go away, even if necessarily leaving a big part yet to be addressed.
But it’s a tough nut to crack: people don’t want the violent in their communities, they want them sequestered. We do that with prisons, and we may not be able to afford to do it otherwise.
But it’s hard to get beyond that fear. When we have such diverse political personalities as those cited who agree that we somehow need to incarcerate fewer, yet they can do nothing about it, it’s because of that fear that consumes their constituencies – most of whom won’t read this op-ed. What needs to happen before policy can catch up with emotion is to change the emotion.
In the meantime, we could probably eventually sell decriminalization of non-violent drug offenses, perhaps even up to low-level distributors. If we could do that, a big part of the problem would go away, even if necessarily leaving a big part yet to be addressed.
But it’s a tough nut to crack: people don’t want the violent in their communities, they want them sequestered. We do that with prisons, and we may not be able to afford to do it otherwise.
10
That fear is justified even if you pretend it's not.
3
First, stop locking anyone up for victimless crimes. Also, use persuasive tactics rather than the threat of incarceration to get people to do many things they don't need to be locked up for not doing.
(Also, lock up more people where fines make no difference — like executives responsible for corporations' criminal behavior.)
Offer many more social services to help people who were born or thrown into difficult backgrounds, no fault of their own. Prevention is always better than remedy after it's too late.
Offer far, far better job training and matching services, including relocation subsidies, than we currently have.
(Also, lock up more people where fines make no difference — like executives responsible for corporations' criminal behavior.)
Offer many more social services to help people who were born or thrown into difficult backgrounds, no fault of their own. Prevention is always better than remedy after it's too late.
Offer far, far better job training and matching services, including relocation subsidies, than we currently have.
15
What about paying them to Live in Canada? It would cost less than keeping them in jail down south.
3
Why would Canada allow convicts to live there? They have very strict immigration rules to allow only high quality immigrants.
4
I think there are two things we can do to cut the rate of incarceration, one tactical and one strategic.
First tactical: Ban the manufacturer, sale and importation of bullets and bullet making supplies. Convert guns into bricks. No system is perfect, but if we were to do this, the lethality of crime would gradually decrease to levels seen in most other civilized countries.
Second strategic: We worship violence. It is in our Movies, TV, Reading, Music, etc., it is woven into the fabric of our society. If we really want to keep people out of jail, we have to stop glorifying violence as a means of solving problems. Using violence needs to be seen as a failure not as something to admire.
Neither of these will be easy, in fact many will say they are impossible. At one time, so was flying: Everyone who tried it failed, many were killed in the attempt, "Stupid idea, dangerous, stop trying!" Fortunately some dreamers persisted and the benefits of their belief have been amazing.
An objective look at our society tells anyone with the eyes to see, that we are doing something fundamentally wrong. We need some persistent dreamers.
First tactical: Ban the manufacturer, sale and importation of bullets and bullet making supplies. Convert guns into bricks. No system is perfect, but if we were to do this, the lethality of crime would gradually decrease to levels seen in most other civilized countries.
Second strategic: We worship violence. It is in our Movies, TV, Reading, Music, etc., it is woven into the fabric of our society. If we really want to keep people out of jail, we have to stop glorifying violence as a means of solving problems. Using violence needs to be seen as a failure not as something to admire.
Neither of these will be easy, in fact many will say they are impossible. At one time, so was flying: Everyone who tried it failed, many were killed in the attempt, "Stupid idea, dangerous, stop trying!" Fortunately some dreamers persisted and the benefits of their belief have been amazing.
An objective look at our society tells anyone with the eyes to see, that we are doing something fundamentally wrong. We need some persistent dreamers.
1
As Michelle Alexander has brilliantly illustrated in her book, “The New Jim Crow”, truly ending mass incarceration would mean the loss of millions of jobs that have been created as a result of the prison industrial complex.
Because many of these prisons are located in rural white communities, rural whites would vehemently opposed the loss of the black and brown bodies in their neighborhoods (imagined that) that fuel the prison industrial complex and which provide them with a middle class existence. Further, these white communities would stand to lose the census benefit that comes with having these imprisoned individuals count as residents in their communities which inflates their population. Less prisoners potentially means less people in the state legislature representing them.
Ms Alexander further writes that, “if four out of five people were released from prison, far more than a million people would lose their jobs.” She goes on to say the that, “prisons are big business and have become deeply entrenched in America’s economic and political system. Private-sector investment is deeply interested in expanding the market—increasing the supply of prisoners—not eliminating the pool of people who can be held captive for a profit.”
Because many of these prisons are located in rural white communities, rural whites would vehemently opposed the loss of the black and brown bodies in their neighborhoods (imagined that) that fuel the prison industrial complex and which provide them with a middle class existence. Further, these white communities would stand to lose the census benefit that comes with having these imprisoned individuals count as residents in their communities which inflates their population. Less prisoners potentially means less people in the state legislature representing them.
Ms Alexander further writes that, “if four out of five people were released from prison, far more than a million people would lose their jobs.” She goes on to say the that, “prisons are big business and have become deeply entrenched in America’s economic and political system. Private-sector investment is deeply interested in expanding the market—increasing the supply of prisoners—not eliminating the pool of people who can be held captive for a profit.”
47
This is one of the most thoughtful pieces I have read in support of reducing prison populations. There are so many knee-jerk accounts which do not address the challenges, because it has become all too easy to win praise for unreasoned attacks on the justice system.
Nonetheless, I believe this account still falls short. The high recidivism rate is perhaps the greatest obstacle to reducing our prison population. This essay accurately notes that "many of the returns to prison are for conduct that violates technical parole requirements, but does not harm others." That is true only in form, not in substance. Those who monitor parolees are not nitpicking ninnies. Most have a supportive mentality, and will not violate their clients based on minutiae. Instead, they withhold action unless and until there is a pattern of violations indicating that the parolee is spiraling out of control. A violent felon spiraling out of control is not a technical matter at all. And that is the reality behind lots of parole violations. As for the difficulty in employing parolees, I question the claim that it is due to the lack of funds. Employers seldom employ violent felons, and that's just the way it is.
Nonetheless, I believe this account still falls short. The high recidivism rate is perhaps the greatest obstacle to reducing our prison population. This essay accurately notes that "many of the returns to prison are for conduct that violates technical parole requirements, but does not harm others." That is true only in form, not in substance. Those who monitor parolees are not nitpicking ninnies. Most have a supportive mentality, and will not violate their clients based on minutiae. Instead, they withhold action unless and until there is a pattern of violations indicating that the parolee is spiraling out of control. A violent felon spiraling out of control is not a technical matter at all. And that is the reality behind lots of parole violations. As for the difficulty in employing parolees, I question the claim that it is due to the lack of funds. Employers seldom employ violent felons, and that's just the way it is.
6
"it is clear that times have changed. Not long ago, most politicians believed the only tenable stance on crime was to be tougher than the next guy"
If only we could force on them that same transition for starting up wars.
If only we could force on them that same transition for starting up wars.
32
I was with you until "Two-thirds of released prisoners are rearrested within three years, and half are reincarcerated." While I favor steps such as probation and treatment for drug offenders and an end to dumping of the mentally ill, who are increasingly warehoused in prison, until we can do something about the fearsome recidivism rate it's hard to see how we can release many prisoners without increasing the rate of crime. And that, you may remember, was much higher than European or current American crime rates before sentences were increased.
14
Have we reconsidered what "crime" is? Confinement is pretty harsh, and our bail system guarantees conviction for the poor, which makes it procedurally unconstitutional. Drawing down fed funds seems to be the newest trend around here, but it's proven unsustainable (bootstrapping is what it is) already. Really, I feel that if so many of a certain crime are committed, the problem is in the validity of the law, or mainstream society is missing or denying something that would better integrate those who'd like to "adjust" but just cannot, since that channel is missing.
2
Bobbie, I'd have to say yes and no to your final remark. I'm a big believer in the principle that the guy who works at the gas station isn't the guy who holds it up. People need jobs, and jobs, more than anything else, are key to reducing the pathology that leads to street crime.
However, we also have to recognize that drugs play a huge role, and the dumping of the mentally ill, who often end up addicted to drugs. And society can only do so much about drugs.
So I think it's a mixed bag. Neither the knee-jerk reactions of conservatives nor those of my fellow liberals are correct. We liberals have to accept that locking up a criminal is the a very effective way of preventing crime. Conservatives have to realize that crime rates and socially maladaptive behaviors increase when people can't find decent jobs.
I'm saddened too by the fact that the criminal justice system is so abusive to the poor, even as it ignores bankers who engage in criminal behavior, penalizing the banks with nominal fines and leaving the executives who committed the crime untouched. But those I think are different matters.
However, we also have to recognize that drugs play a huge role, and the dumping of the mentally ill, who often end up addicted to drugs. And society can only do so much about drugs.
So I think it's a mixed bag. Neither the knee-jerk reactions of conservatives nor those of my fellow liberals are correct. We liberals have to accept that locking up a criminal is the a very effective way of preventing crime. Conservatives have to realize that crime rates and socially maladaptive behaviors increase when people can't find decent jobs.
I'm saddened too by the fact that the criminal justice system is so abusive to the poor, even as it ignores bankers who engage in criminal behavior, penalizing the banks with nominal fines and leaving the executives who committed the crime untouched. But those I think are different matters.
2
We can keep on incarcerating people, not providing programs while they are a captive audience that will let them pick up an education, learn a trade, learn how to manage themselves and their emotions, or we can try to use the time they are imprisoned to teach them how to live in society. It won't always work. There are people who should never be allowed out in society again. But to continue to imprison everyone for every offense for a very long time without making the time count for something other than learning how to be a better criminal or to plan how to hurt others more because you are being hurt in prison, wastes money.
Almost every person in prison is going to get out. Some will commit more crimes. Some will go on and live law abiding lives. But why not use the time that we are paying for to keep them in prison as time for them to learn a trade, learn how to live in society, learn how to control themselves, or even get the high school education some never got? It's more of a waste to keep sending them back. And note that nowhere am I suggesting that a serial killer or rapist should be set free. All I am suggesting is that we treat all prisoners like human beings and understand that most will be released.
Almost every person in prison is going to get out. Some will commit more crimes. Some will go on and live law abiding lives. But why not use the time that we are paying for to keep them in prison as time for them to learn a trade, learn how to live in society, learn how to control themselves, or even get the high school education some never got? It's more of a waste to keep sending them back. And note that nowhere am I suggesting that a serial killer or rapist should be set free. All I am suggesting is that we treat all prisoners like human beings and understand that most will be released.
57
Dear hen3ry,
I could not agree more with your sentiments. Our group is launching an initiative in social intelligence training for inmates (and those that look after them) to humanize their social relations, provide them with realistic expectations for how they will be treated when they are released, and prepare them to stay connected with others on the outside in ways that strengthen their capacities to remain outside the prison walls (www.socialintelligenceinstitute.org. We are hopeful that our approach and others like it will make a difference.
I could not agree more with your sentiments. Our group is launching an initiative in social intelligence training for inmates (and those that look after them) to humanize their social relations, provide them with realistic expectations for how they will be treated when they are released, and prepare them to stay connected with others on the outside in ways that strengthen their capacities to remain outside the prison walls (www.socialintelligenceinstitute.org. We are hopeful that our approach and others like it will make a difference.
2
I was born & raised in Louisiana. In 1975 I was 21. I had a friend who wanted some weed. I knew where some was & bought it for him; 6 ounces for $90. I didn't make any money; I did a "favor". 2 weeks later the police banged on my parent's door. My dad (WWII vet) was furious for being woken @ 6am. He didn't condone drug use; he also knew marijuana wasn't so bad. After my arrest, police said "Strike 1 completed; proceed with Strike 2". It was ridiculous. 38 arrested & convicted as charged. I had never been arrested! I was sentenced 4 months later. Judge was my Cub Scout den father. He said,"This hurts me as much as it hurts you". A felony! 3 yrs hard labor, susp; 3 yrs supervised prob. w/special condition I do 90 days in Parish Corr. Inst. Think"Cool Hand Luke". No/chains; Yes/guards on horseback w/shotguns. I was in an open dorm with 30 men. No doors on bathrooms or showers. I always could get along w/people. I played poker the 1st nite w/6 black guys. I was 6'2", 160lbs. Never bothered. I dug 15,000 holes with a posthole digger & I got in shape. I saw 2 guys run & get shot. I saw a lot of things. There was a 39 y/o black man in my dorm, nice guy. He'd never lifted weights; his arms were like tree trunks. Had 9 kids & a wife. He couldn't read or write. He asked if I'd write a letter to his wife. I said sure & did. He wept. This was ALL WRONG. City pop: 50+% white/40+% black. My dorm had 26 black men/4 white men. I was released in 7 weeks; had full pardon in 2 (not 3) years.
6
First, the assertion that most of those in prison on drug offenses are "sellers, not just users" is colored by the fact that so many charges are enhanced beyond mere possession by some sort of per se assumption, i.e. if you have 16 grams of cannabis, instead of 15, you get "possession with intent to deliver" instead of a simple possession charge. While this makes easy lifting for prosecutors who overcharge in order to gain a quick plea bargain to a lesser charge, it's also a legal fiction in many cases. Something substantive beyond weight or the way something is packaged should be necessary beyond merely weighing the evidence to bring on charges beyond mere possession.
The other thing is that most of the statistics in the drug war are heavily padded by arrests for various cannabis offenses. As the NY Times itself has called for, it's time to legalize and end failed policy of prohibition. Better to tax and regulate cannabis than incarcerate. Just get past this and doing something about what is left becomes far simpler, with more adequate resources. Otherwise, a cannabis policy that in effect encourages the cartels to open up unregulated shopping on nearly every block and then export the profits will continue to be the entry point to actual use of dangerous drugs for kids -- when cannabis is the least dangerous intoxicant known.