WWW.DISSERTATION.XLIBX.INFO
FREE ELECTRONIC LIBRARY - Dissertations, online materials
 
<< HOME
CONTACTS



Pages:     | 1 |   ...   | 9 | 10 || 12 | 13 |   ...   | 79 |

«This PDF is available from The National Academies Press at The Growth of Incarceration in the United ...»

-- [ Page 11 ] --

The younger cohort growing up through the prison boom and reaching their mid-30s in 2009 faced a significantly elevated risk of imprisonment.

Similar to the rise in incarceration rates, most of the growth in lifetime risk of imprisonment was concentrated among men who had not been to college. Imprisonment risk reached extraordinary levels among high school dropouts. Among recent cohorts of African American men, 70 percent of those who dropped out of school served time in state or federal prison. For these men with very little schooling, serving time in state or federal prison had become a normal life event. Although imprisonment was less pervasive among low-educated whites and Hispanic men, the figures are still striking. Among recent cohorts of male dropouts, 28 percent of whites and 20 percent of Hispanics had a prison record by the peak of the prison boom.

In sum, trends in these disaggregated rates of incarceration show that not only did incarceration climb to historically high levels, but also its growth was concentrated among prime-age men with little schooling, particularly low-educated black and Hispanic men. For this segment of the population, acutely disadvantaged to begin with, serving time in prison had become commonplace.

–  –  –

Copyright © National Academy of Sciences. All rights reserved.

The Growth of Incarceration in the United States: Exploring Causes and Consequences

–  –  –

The following chapters explore in greater detail the causes and consequences of high rates of incarceration, but these chapters should be read against the backdrop of the following facts thus far established. First, the recent period of high incarceration rates is historically unprecedented and unmatched abroad. Second, incarceration is now pervasive among young men who are both acutely disadvantaged socially and economically and involved in crime. Third, today’s penal system, by virtue of its size and demographic concentration, has a broad social significance, reshaping the institutional landscape of poverty in America. We next begin to explore the causes of the growth in incarceration rates by studying the most proximate changes in criminal processing and sentencing that precipitated and drove 40 years of prison growth.

Copyright © National Academy of Sciences. All rights reserved.

The Growth of Incarceration in the United States: Exploring Causes and Consequences Copyright © National Academy of Sciences. All rights reserved.

The Growth of Incarceration in the United States: Exploring Causes and Consequences

–  –  –

Yet while individual laws clearly reflected a policy choice to increase the use and length of incarceration, it is unlikely that anyone intended, foresaw, or wanted the absolute levels of incarceration that now set the United States far apart from the rest of the world.

In this chapter, we describe and then assess the development of U.S.

sentencing and punishment policies and practices since the early 1970s. The first section reviews the profound shifts in the U.S. approach to sentencing over the four decades of the incarceration rise, including the development of sentencing guidelines and determinate sentencing policies and more recent initiatives designed to increase the certainty and severity of prison sentences. The second section details principles of justice that have undergirded punishment policies in the United States and other democratic countries since the Enlightenment and demonstrates that many policies enacted over the past 40 years are inconsistent with those principles. The third section examines the disjunction in recent decades between policy-making processes and the available social science evidence on the effects of punishment policies. The fourth section surveys and analyzes disproportionate and damaging effects of recent U.S. punishment policies on members of minority groups. In the committee’s view, the nation’s policy choices that increased the incarceration rate to unprecedented levels violated traditional jurisprudential principles, disregarded research evidence that highlighted the ineffectiveness and iatrogenic effects of some of those policies, and exacerbated racial disparities in the nation’s criminal justice system.

–  –  –

Copyright © National Academy of Sciences. All rights reserved.

The Growth of Incarceration in the United States: Exploring Causes and Consequences

–  –  –

decide whether to impose prison, jail, probation, or monetary sentences.

Sentence appeals were for all practical purposes unavailable. Because sentencing was to be individualized and judges had wide discretion, there were no standards for appellate judges to use in assessing a challenged sentence (Zeisel and Diamond, 1977). For the prison-bound, judges set maximum (and sometimes minimum) sentences, and parole boards decided whom to release and when. Prison systems had extensive procedures for time off for good behavior (Rothman, 1971; Reitz, 2012).

Few people questioned the desirability of indeterminate sentencing.

The American Law Institute (1962) in the Model Penal Code, the National Commission on Reform of Federal Criminal Laws (1971) in its Proposed New Federal Criminal Code, and the National Council on Crime and Delinquency (1972) in the Model Sentencing Act all endorsed the approach.





Within a few years, however, the case—and support—for indeterminate sentencing collapsed. University of Chicago law professor Albert Alschuler described the sea change: “That I and many other academics adhered in large part to a reformative viewpoint only a decade or so ago seems almost incredible to most of us today” (Alschuler, 1978, p. 552).

Criticisms of indeterminate sentencing grew. Judge Marvin Frankel’s (1973) Criminal Sentences—Law without Order referred to American sentencing as “lawless” because of the absence of standards for sentencing decisions and of opportunities for appeals. Researchers argued that the system did not and could not keep its rehabilitative promises (Martinson, 1974). Unwarranted disparities were said to be common and risks of racial bias and arbitrariness to be high (e.g., American Friends Service Committee, 1971). Critics accused the system of lacking procedural fairness, transparency, and predictability (Davis, 1969; Dershowitz, 1976). Others asserted that parole release procedures were unfair and decisions inconsistent (Morris, 1974; von Hirsch and Hanrahan, 1979).

Not all objections focused primarily on consistency and procedural fairness. Conservatives objected that indeterminate sentencing allowed undue “leniency” in individual cases (van den Haag, 1975) and paid insufficient attention to punishment’s deterrent and incapacitative effects (Fleming, 1974; Wilson, 1975). Policy histories of California’s Uniform Determinate Sentencing Law of 1976 describe an alliance of liberals and conservatives favoring determinate sentencing and abolition of parole (Messinger and Johnson, 1978; Parnas and Salerno, 1978). A first set of sentencing guidelines developed by the Pennsylvania Sentencing Commission was rejected by the legislature after conservatives characterized them as being insufficiently severe (Martin, 1984).

Those criticisms sparked major changes in American sentencing and punishments, and ultimately in the scale of imprisonment. In retrospect, three distinct phases are discernible. During the first, principally from Copyright © National Academy of Sciences. All rights reserved.

The Growth of Incarceration in the United States: Exploring Causes and Consequences

–  –  –

1975 to the mid-1980s, the reform movement aimed primarily to make sentencing procedures fairer and sentencing outcomes more predictable and consistent. The problems to be solved were “racial and other unwarranted disparities,” and the mechanisms for solving it were various kinds of comprehensive sentencing and parole guidelines and statutory sentencing standards (National Research Council, 1983).

The second phase, from the mid-1980s through 1996, aimed primarily to make sentences for drug and violent crimes harsher and their imposition more certain.1 The principal mechanisms to those ends were mandatory minimum sentence, three strikes, truth-in-sentencing, and life without possibility of parole laws.2 Mandatory minimum sentence laws required minimum prison terms for people convicted of particular crimes. Three strikes laws typically required minimum 25-year sentences for people convicted of a third felony. State truth-in-sentencing laws typically required that people sentenced to imprisonment for affected crimes serve at least 85 percent of their nominal sentences.

The third phase, since the mid-1990s, has been a period of drift. The impetus to undertake comprehensive overhauls or make punishments substantially harsher has dissipated. No states have created new comprehensive sentencing systems, none has enacted new truth-in-sentencing laws, and only one has enacted a three strikes law. Mandatory minimum sentence laws have been enacted that target carjacking, human smuggling, and child pornography, but they are much more narrowly crafted than were their predecessors.3 According to annual reports issued by the National Conference of State Legislatures, several hundred state laws have been enacted since 2000 that in various ways make sentencing less rigid and less severe.

Most of these laws are relatively minor and target less serious offenses. In 1 A wide variety of other harsh criminal justice policies were adopted during this period, including registration, notification, and residence laws for sex offenders and a variety of “dangerous offender” and “sexual psychopath” laws. Similar initiatives affecting the juvenile justice system lowered the top age of juvenile court jurisdiction, made discretionary transfers to adult courts easier, and excluded some violent offenses from juvenile court jurisdiction regardless of the defendant’s age.

2 Laws authorizing sentences without the possibility of parole were enacted for a number of reasons, including as part of a strategy by opponents of capital punishment to create a credible alternative to the death penalty.

3 Summaries such as this must be hedged because no organization maintains a comprehensive database on changes in sentencing laws. The National Conference of State Legislatures for many years compiled annual summaries (of uncertain comprehensiveness) and maintains a searchable database beginning with developments in 2010 (http://www.ncsl.org/issuesresearch/justice/state-sentencing-and-corrections-legislation.aspx [February 28, 2014]). The Sentencing Project (e.g., Porter, 2013), the Vera Institute of Justice (e.g., Austin, 2010), and the Public Safety Performance Project of the Pew Charitable Trusts issue occasional selective summaries. None of these, however, is comprehensive or cumulative.

Copyright © National Academy of Sciences. All rights reserved.

The Growth of Incarceration in the United States: Exploring Causes and Consequences

–  –  –

few cases have major punitive laws of the second period been repealed or substantially altered. High-profile changes to totemic tough-on-crime laws such as New York’s 1973 Rockefeller Drug Laws and the 1986 federal 100to-1 law for sentencing crack and powder cocaine offenses were partial. In the first of these examples, severe mandatory penalties for many offenses continued to be required (New York State Division of Criminal Justice Services, 2012); in the second, a lower but still high—18-to-1—drug quantity differential for offenses involving pharmacologically indistinguishable crack and powder cocaine was established (Reuter, 2013).4 More typically, changes in state sentencing laws created exceptions to the coverage of mandatory minimum sentence laws or slightly narrowed their scope,5 expanded prison officials’ authority to grant time off for good behavior, made earlier release possible for narrow categories of prisoners, or reduced the probability of parole and probation revocations for technical offenses (Austin et al., 2013).

Phase I: Changes Aimed at Increased Consistency and Fairness Sentencing reform initiatives proliferated in the aftermath of the rejection of indeterminate sentencing. The earliest and most incremental sought to reduce disparities through the development and use of parole guidelines and “voluntary” sentencing guidelines. These initiatives were followed by statutory determinate sentencing systems and presumptive sentencing guidelines.

Parole Guidelines Parole guidelines were the first major policy initiative of the sentencing reform movement, although one foot remained firmly in the individualization logic of indeterminate sentencing. In the 1970s, the U.S. Parole Board and boards in Minnesota, Oregon, and Washington created guideline systems for use in setting release dates. They sought to increase procedural fairness through the publication of release standards, reductions in 4 Although the introduction of crack cocaine was associated with an increase in drug-related violence, subsequent reductions in violence have been consistent with the aging of the crack cocaine user and trafficker populations (U.S. Sentencing Commission, 2007, p. 83).

5 Many recent changes in state mandatory minimum sentences laws authorize the imposition of some other sentence on selected offenders (Austin, 2010; Porter, 2013). Federal law long has provided such a “safety valve” for mandatory minimum sentence laws for drug crimes committed by first-time offenders who did not use violence or possess a gun and told the government all about their crime. In federal fiscal year 2012, nearly 40 percent of defendants sentenced under mandatory minimum sentence laws benefited from this provision (U.S. Sentencing Commission, 2013b, Table 44).

Copyright © National Academy of Sciences. All rights reserved.

The Growth of Incarceration in the United States: Exploring Causes and Consequences

–  –  –



Pages:     | 1 |   ...   | 9 | 10 || 12 | 13 |   ...   | 79 |


Similar works:

«INTERNATIONAL PATENT LAW: COOPERATION, HARMONIZATION AND AN INSTITUTIONAL ANALYSIS OF WIPO AND THE WTO by Alexander James Stack A thesis submitted in conformity with the requirements for the degree of Doctor of Juridical Science Graduate Department of the Faculty of Law University of Toronto © Copyright by Alexander James Stack 2008 INTERNATIONAL PATENT LAW: COOPERATION, HARMONIZATION AND AN INSTITUTIONAL ANALYSIS OF WIPO AND THE WTO by Alexander James Stack A thesis submitted in conformity...»

«What to Do When Your Witness’ Testimony Doesn’t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819 rry@jhc-law.com _ RUSSELL R. YURK is an AV-rated attorney with Jennings, Haug & Cunningham, LLP in Phoenix. He has been practicing law for 14 years, focusing in legal ethics and lawyer discipline, commercial litigation, class actions, and appeals. He regularly presents on the topics of...»

«THE SECOND ENCLOSURE MOVEMENT AND THE CONSTRUCTION OF THE PUBLIC DOMAIN JAMES BOYLE* The law locks up the man or woman Who steals the goose from off the common But leaves the greater villain loose Who steals the common from off the goose. The law demands that we atone When we take things we do not own But leaves the lords and ladies fine Who take things that are yours and mine. The poor and wretched don’t escape If they conspire the law to break; This must be so but they endure Those who...»

«Cross-Border Insolvency: A Comparative Study of Chinese and the U.S. legislations by Ran Gao A thesis submitted in conformity with the requirements for the degree of Master of Laws Graduate Department of Faculty of Law University of Toronto © Copyright by Ran Gao 2012 Cross-Border Insolvency: A Comparative Study of Chinese and the U.S. legislations LLM 2012 Ran Gao Faculty of Law University of Toronto Abstract This thesis offers a comparative study of Chinese and the U.S. legislations on the...»

«The Criteria for the Notification, etc. on Contraindications and Cautions for Bathing and Drinking as specified in Article 18, Paragraph 1 of the Hot Springs Law The Criteria for the Notification, etc. on Contraindications as well as Cautions for Bathing and Drinking as specified in Article 18, Paragraph 1 of the Hot Springs Law shall be as prescribed in the following. The prefecture, etc. and the party that serve hot springs for public bathing and drinking shall review, in light of this...»

«Do What Thou Wilt Shall Be The Whole Of The Law DRAGON STOMP Raising The Reptilian Race Written by E. C. McCready OtakuIru.com 530 South Lake Ave 130 Pasadena, Ca. 91101-3515 (tel) (818) 919.0633 gamifiable@gmail.com dragonstomp.com Copyright © All Rights Reserved FADE IN: EXT. ESTABLISH CENTRAL DISTRICT HONG KONG DAY Business district of Hong Kong. EXT. THE LANDMARK CENTRAL HONG KONG DAY One of the biggest, swankiest shopping malls in Hong Kong. SERIES OF SHOTS FASHION BRANDS Calvin Klein,...»

«Federal Regulations Hunting of Migratory Game Birds The following is a synopsis of Federal Regulations that pertain to the hunting of migratory game birds. Persons requiring more information should go to http://www.fws.gov/hunting/whatres.html, where they will find a complete version of 50 CFR Part 20. When State law is different from the following Federal law the hunter must comply with the most restrictive law. Italics are used for emphasis in this synopsis when State law and regulations are...»

«Guidelines on Portable Batteries and Battery Peripherals Marking Requirements in the European Union JANUARY 2015 Disclaimer This document is intended to provide guidance on the marking requirements as foreseen by art.21 of the Batteries Directive and other relevant legislation. The document is not a legally binding interpretation of the Batteries Directive, and should therefore not be relied upon as legal advice. This document can be updated at any time without prior notice. Page | 1 Content 1....»

«Simply Marr-velous Barbara Marr Short Stories by Karen Cantwell This book is a work of fiction. Names, characters, places and incidents are entirely the product of the author’s imagination. Any resemblance to actual events, locales or persons, living or dead, is coincidental. Copyright © 2013 by Karen Fraunfelder Cantwell, All Rights Reserved COVER ART by Streetlight Graphics Contents “Taming the Hulk” “Top Lawn” “The Road to Shangri-La” Missing Impossible “Taming the Hulk”...»

«The 100 Most Commonly Asked Questions About Illinois Condominiums... With Answers Presented by John H. Bickley III Serving condominium, homeowner and townhome associations in Illinois, Wisconsin, Missouri, Florida, and Arizona 1.855.537.0500 www.ksnlaw.com © Copyright 2011 Kovitz Shifrin Nesbit FOREWORD On a daily basis, Kovitz Shifrin Nesbit is asked general questions regarding association law. Many of these questions are frequently repeated. As a result, the firm has collected one hundred...»

«WHAT BOYS AND GIRLS LEARN THROUGH SONG: A CONTENT ANALYSIS OF GENDER TRAI. Page 1 of 8 Volume 5, No. 1 September 2007 WHAT BOYS AND GIRLS LEARN THROUGH SONG: A CONTENT ANALYSIS OF GENDER TRAITS AND SEX BIAS IN TWO CHORAL CLASSROOM TEXTBOOKS Patrick J. Hawkins Arizona State University organos@gmail.com Since the passage of Title IX of the Education Amendments of 1972, which prohibited discrimination on the basis of sex against students and any employee of a school receiving federal financial...»

«CITY COUNCIL, CITY OF ROCKFORD JOURNAL OF PROCEEDINGS JUNE 9, 2008 COUNCIL CONVENED AT 6:23 P.M.1. The invocation was given by Pastor Anthony Wilson, Faith Walkers Assembly/Police Chaplain and the Pledge of Allegiance was led by the Rockford City Fire Department Color Guard.2. Roll Call: Mayor Lawrence J. Morrissey Aldermen: Sosnowski, Curran, Mark, Wasco, Bell, Jacobson, Thompson-Kelly, Johnson, Timm, Beach, Holt, Beck, McNeely, Conness -14Absent: -03. Alderman Mark moved to accept the Journal...»





 
<<  HOME   |    CONTACTS
2016 www.dissertation.xlibx.info - Dissertations, online materials

Materials of this site are available for review, all rights belong to their respective owners.
If you do not agree with the fact that your material is placed on this site, please, email us, we will within 1-2 business days delete him.