Incarceration in the United States is the main form of rehabilitation and punishment for committing a criminal offense or a felony. America has the highest rate of incarceration per capita, with the largest prison population globally. In 2018, the U.S incarcerated 698 people per 1000 persons, including the imprisonment rate for people tried as adults or adults (Bagaric et al., 2018). Probation, parole, and prison operations incurred an annual cost of $81 billion to the American taxpayer. In contrast, bail bond fees, court and police costs, and prison fees make another $100 billion, costs incurred by individuals (Bagaric et al., 2018). Although debtor's prisons got abolished in the United States, some American citizens still get imprisoned due to debts as of 2016. The Vera Justice Institute reported that in 2015, most prisoners in the county and local jails committed minor offenses but jailed for a long time due to the inability to pay court fines (Bagaric et al., 2018). This paper examines possible legal measures applicable to solve the mass incarceration problem in America.
It is not easy to solve mass imprisonment challenges over a short period because different inmates have varying sentences. Also, average sentence periods continuously increased over the last 36 years, and public campaign for reforming prisons is comparatively low (Hayes et al., 2020). The socialists advocated for, and the libertarians suggested, the decriminalization of drugs, but it remains a remote public opinion. Additionally, probation and parole can get facilitation by enhancing electronic monitoring, though expensive. The prison abolition movement calls for the immediate reduction and elimination of both private and public prisons. Famous prison abolition movement advocates like Angela Davis explained how organizations like G4S made a fortune in private jails globally. Also, education in prisons helps prevent unnecessary incarcerations because many inmates lack education (Hayes et al., 2020). The rate of school dropouts in most financially struggling communities is high, forcing them to work and sustain their families. As a result, most of the children end up in criminal activities leading to their detention.
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Furthermore, the Department of Justice can reduce prison length terms and probation or parole periods. Policymakers should enhance reforms on unnecessary punitive sentencing legislation, such as compulsory minimum sentences and truth-in-sentencing requirements. Therefore, lawmakers should permit prisoners to reduce their sentence periods through earned or good time policies (Hayes et al., 2020). States should consider widening plans that allow inmates to meet specific qualifications to get sound judgments in parole hearings, especially in states where parole grants are low. Additionally, the government may put restrictions on the use of prisons for technical probation or parole violations. The rate of people getting imprisoned due to violating their parole increased between the end of the 1970s-2000s. Although the rate currently decreased, parole revocations attributed more than a quarter of federal prisons' admissions in 2013 (Surprenant, 2017). Some technical violations were failing a drug test or missing a meet-up with a probation officer. States should reduce imprisoning of technical parole violators and punish serious parole violations.
In conclusion, states can diversify on using prison alternatives for minor offenses or non-violent criminal activities. Also, the criminal justice department can create a diversion for people with substance abuse or mental health issues far from the criminal justice system (Surprenant, 2017). Legislators should evaluate the variety of available sentencing alternatives in their jurisdictions, such as mental health and drug courts. Policymakers can also develop community correction centers, related treatment, sex offender treatment, community service, victim restitution, and fines. If possible, people who committed criminal activities due to mental illness or drug addiction can get admitted into health care facilities to receive medical care instead of sending them to prison (Surprenant, 2017). New York State emulated the approach as a measure of its successful reforms in the Department of Corrections.
References
Bagaric, M., Wolf, G., & Rininger, W. (2018). Mitigating America's Mass Incarceration Crisis Without Compromising Community Protection: Expanding the Role of Rehabilitation in Sentencing. Lewis & Clark L. Rev. , 22 , 1.
Hayes, C. M., Sufrin, C., & Perritt, J. B. (2020). Reproductive justice disrupted: Mass incarceration as a driver of reproductive oppression. American journal of public health , 110 (S1), S21-S24.
Surprenant, C. W. (Ed.). (2017). Rethinking punishment in the era of mass incarceration (Vol. 93). Taylor & Francis.
