Running head: CRIMINAL JUSTICE OVERVIEW

Criminal Justice Overview

Jennette Elmore
CJA/394
November 3, 2014
Becky Killian-Willis

CRIMINAL JUSTICE OVERVIEW

Criminal Justice Overview

Prison overcrowding is one of the biggest challenges facing the United States criminal
justice system. The United States incarcerates more people than anyone else in the world. Over
two million offenders incarcerated have led to an enormous burden of housing these inmates.
Challenges the correctional system faces includes a shortage of space, financial shortfalls, and
effectively supervising inmates. Overcrowding in prisons and jails not only affects law
enforcement, it affects taxpayers in the community as well.

CRIMINAL JUSTICE OVERVIEW

Prison Overcrowding
Prison overcrowding has been an ongoing problem for several years. Prisons and jails are
filled to capacity with a steady stream of new inmates coming in every day. Many ways to
address the problem of overcrowding exist, however, thus far, the problem has not found an
effective solution. One solution is to build bigger prisons at the cost of taxpayers. Many private
prisons have been built to accommodate the growing number of incarcerated inmates. State and
federal governments spend about $74 billion a year on corrections (CNBC, 2014).
Overcrowded prisons affect many countries throughout the world, but it is a bigger
problem in the United States. Wing (2014), "No country incarcerates a higher percentage of its
population than the United States at 716 per 100,000 people (para. 3). Currently 2.2 million
people are incarcerated in the nation's prisons and jails. This number is a 500% increase over the
last forty years (The Sentencing Project). Most of the prisons in the United States were built to
house much less than they house currently.
Causes of Overcrowding
Prison overcrowding has a variety of causes such as increased crimes, law modifications,
and improving police officer tactics. Americas increase in incarceration began during the late
1980s, and early 1990s as state and local governments passed tough-on-crime legislation
(American Legislative Exchange Council, 2014). The United States saw a significant increase in
incarcerations during Ronald Raegans term as President in 1980. President Raegan waged a
war on drugs. The war on drugs brought about new sentencing policies resulting in an
enormous jump in incarcerations for drug offenses. Half of all prison populations are

CRIMINAL JUSTICE OVERVIEW

incarcerated on drug charges. Tougher sentences for crimes, modifications to laws, high reoffend
rates, and needed upgrades to the prison system.
California voters enacted the Three Strikes Law in 1994. The law imposes a life
sentence for any crime if the defendant has two prior convictions for serious or violent crimes.
The law began to keep harden criminals behind bars, however, more than half of all inmates
under the three strikes law are serving sentences for nonviolent crimes. The Three Strikes
Reform Act (Proposition 36) was enacted in 2012. This reform act was established to address the
unintended consequences of the sentencing law. It would eliminate life sentences for non-serious
and non-violent crimes. The first year of the enactment many inmates were released.
Approximately two percent of those released reoffended saving California taxpayers money.
Mandatory sentencing laws is another reason for overcrowding. Mandatory minimum
sentencing was enacted to eliminate racial and bias in sentencing. Research studies show racial
disparities remain and have gotten worse. Budget cuts in public health funded drug treatment
programs are another contributor to overcrowding. An arrest of drug charges gets you put in
prison with no treatment available. Our court systems and professionals are over burdened by the
number of cases. Cases are pushed through with little thought or regard to the individual and
their needs.
Effects of Overcrowding
Overcrowding in prison causes an array of problems for many. Violence inside the
prisons increase as more inmates are squeezed into tight living spaces. The increase in violence
puts the safety and security of staff and other inmates at a higher risk. The time inmates are
allowed to have recreation is reduced as an attempt to decrease violence. Cells designed to house
one inmate now house three, or the overflow of inmates are housed in areas of the prison that

CRIMINAL JUSTICE OVERVIEW

were never meant to be used as cells. Prison workers are being assaulted at a higher rate. As
more inmates lash out and become more frustrated, all this can add up to becoming a riot.
Overcrowding puts a huge burden on prison budgets and decreases the programs
available to inmates. The prison must focus more on security and less on rehabilitation programs.
Job training, educational, and drug treatment programs will be reduced or cut completely out.
Not having these programs available will likely result in higher recidivism rates because the
inmates are not learning to change their situation. No training and no education means inmates
will return to their criminal ways.
Solutions
States are exploring early release options because of the budget crises. The Supreme
Court ordered California to reduce the number of inmates by mid-2013. California was ordered
to reduce their number of prisoners by 30,000. According to a research study by the Urban
Institute, says the government could save and reduce overcrowding with new strategies.
Strategies to cut fixed sentences in half and offer early release to inmates who participate in
certain rehabilitation programs. Another strategy is to reduce the number of non-violent drug
crimes bringing few drug cases to court. Give judges greater discretion on sentencing rather than
mandatory sentencing. Lowering truth-in-sentencing requirements to offenders serving 70
percent of their sentences. Remove the punishment for using crack instead of powder cocaine
and make it retroactive. Allow prisoners to earn credit for good behavior and participating in
rehabilitation programs. Release elderly prisoners after the age of 55. The likelihood of elderly
offenders reoffending is small. Illegal immigrants should be sent back to their home countries.

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Conclusion
In my opinion, current strategies to reduce prison overcrowding are not working. Much
more needs to be done to make a real impact on the numbers. The overcrowding of prisons did
not happen from one policy change. A multifaceted method to reduce the inmate population
substantively would be needed. Changing current sentencing laws and reversing some policies
needs to be done to make an impact on overcrowding. Alternatives to incarceration need to be
used such as probation, early release, and parole. Proposition 47 is on the ballot next week for
California voters to consider. This proposal would convert certain felonies such simple drug
possession, writing bad checks, or shoplifting to misdemeanors. The proposal could remove
about a year off the sentence of approximately 10,000 inmates. The savings would then be put
back into drug treatment programs and mental health treatment. If this proposal is passed, I
believe it will set the stage for other states to follow. Proposition 47 could potentially be the
beginning of a solution to a problem that has plagued the United States for three decades.

CRIMINAL JUSTICE OVERVIEW

References
American Legislative Exchange Council. (2014). Prison Overcrowding. Retrieved from
http://www.alec.org/initiatives/prison-overcrowding/
CNBC. (2014). Billions Behind Bars. Retrieved from http://www.cnbc.com/id/44762286
Glaze, L. E. (). Correctional Populations in the United States, 2010. Retrieved from
http://www.bjs.gov/content/pub/pdf/cpus10.pdf
Goldman, D. (2011). NATION BEHIND BARS A HUMAN RIGHTS SOLUTION. Human Rights
Watch. Retrieved from
http://www.hrw.org/sites/default/files/related_material/2014_US_Nation_Behind_Bars_0
.pdf
Oh, H. (2014). California budgets $1 billion more to prisons than higher education and leaves
students hanging. Retrieved from http://sundial.csun.edu/2012/09/california-budgets-1billion-more-to-prisons-than-higher-education-and-leaves-students-hanging/
The Sentencing Project. (2014). TRENDS IN U.S. CORRECTIONS. Retrieved from
http://sentencingproject.org/doc/publications/inc_Trends_in_Corrections_Fact_sheet.pdf
Wing, N. (2014). Here Are All Of The Nations That Incarcerate More Of Their Population Than
The U.S. Retrieved from http://www.huffingtonpost.com/2013/08/13/incarceration-rateper-capita_n_3745291.html