Bandyopadhyay and McCannon (2014) conduct an analysis of the influence that the election of prosecutors has to determine the mix of cases to be taken to trial and those that will be handled through plea bargaining. The United States has more than 2,300 prosecutors that are expected to handle approximately 2.3 million felony cases annually, with 95% of these cases being criminal prosecutions. Bandyopadhyay and McCannon (2014) examine the implications that plea bargaining may have in determining the effectiveness of a prosecutor based on a model of prosecutorial decision making. The model helps in establishing a probability scale through which prosecutors would make the decision for a case to proceed to trial or whether they would make the decision to engage in plea bargaining. The article expounds on the value placed on each case to determine how prosecutors make decisions in a wide array of criminal cases throughout the United States. Page (2011) examines the unintended consequence of mass incarceration within the United States, which is the significant growth rate of prison officer unions. One of the key aspects of mass incarceration to note, from the analysis in the article, is that successful correction of these unions in some of the states that include California and New York has had a wide array of negative effects. Page (2011) indicates that the unions serve as obstructions in the implementation of sentencing reforms as part of the criminal justice system while hampering shutter prisons, as well as, slashing of corrections budgets. Additionally, the corrections of these unions have had significant implications on the downsizing-oriented reforms. The author reflects on the role of policymakers in enacting policies that would help prisons overcome some of the challenges that they are facing as a result of the unions. Schoenfeld (2010), on the other hand, examines prison condition litigations occurring in the 1970s, which saw an increase in civil rights movements across the United States. That contributed to the rise in mass incarceration. The author uses Florida as a case study to examine how prison conditions litigation were used as a political platform through which to establish more prisons. Schoenfeld (2010) provides insight from a historical institutionalist scholarship to help in determining the influence that historical and political contexts in legal framings. The author highlights that “successful” court challenges have had outcomes that are contrary to the expectations. The implication that these court challenges have had can be seen from their contribution to increased social injustices noted from the issue of mass incarceration. These challenges have been expected to promote social justice, which has not been the case, as the number of minority groups in the prison system is increasing. Schoenfeld (2010) indicates that mass incarceration serves as the most notable obstacle impeding racial equality in the 21st century, as it creates a situation in which minority groups are viewed in negative retrospect.In chapter two, Berger (2015) evaluation how the government in the United States has established a system through which a significant number of black men find themselves in the country’s prison system. The chapter explores how blacks, some of who are as young as 14 years, are arrested and placed within the prison system. The rising number of prisoners serves as a basis for the title “America Means Prison,” which insinuates that race and class are the two main determinants of the extent to which one is likely to find him or herself in the prison system. Similarly, in chapter 6, Berger (2015) explores the challenges associated with mass incarceration, mainly focusing on black population, which began in the 1970s. The chapter engages in an overview of some of the people that helped in challenging the policies set up by the government, who highlighted prisons as a primary concern for the country. An in-depth analysis of the readings shows that they each explore one of the critical issues affecting the United States today, which is mass incarceration in relation to the American criminal justice system. The main implication of the readings can be seen from the fact that they highlight the extent to which minority groups in the country suffer from the policy structure on mass incarceration. The articles and chapters build arguments surrounding the positions that, although mass incarceration is a key issue of concern, it ought to be evaluated based on the effects that it is having on the minority groups living in the United States. Another key implication of the readings is that they explore the effects that court challenges have had in promoting social injustices. The rise of civil rights movements in the 1970s was the main contributor to mass incarceration. The rise in the number of those incarcerated serves as an indication that challenging the policies put in place by the government only contributes to social injustices against minority communities. On the other hand, the readings also explore some of the impediments towards social justice that have been put in place, especially through prison officer unions, to influence the reforms in the criminal justice system. The readings inform what we have read and discussed by highlighting mass incarceration as an institutional issue in the United States. Each of the readings examines a different aspect associated with mass incarceration, but they each highlight an institutionalized issue that is affecting the American social setting. The readings explore how the United States finds itself in a position where its approach to mass incarceration hampers its ability to deal with inequality. The issue of inequality poses a major challenge in terms of establishing what can be considered as a nation that does not care about the minority groups. It is expected that policymakers would focus much of their attention on trying to change the way the American people view the prison system to help change their perceptions. An analysis of the readings raises new questions that reflect on the generalized understanding of how mass incarceration is affecting the society today and whether this is likely to change in the future. One of the questions that the readings bring to the floor question is, how have federal policies contributed to the existence of mass incarceration? It is clear that the government has established policies that are specifically inclined towards establishing a robust prison system. The policies do not take into account that the establishment of these prisons only affects how people are viewed based on their overall positions in the society. Another question that has been raised based on the readings is on what the United States government is doing to help deal with the ‘prison nation.’ The readings explore the fact that the government has failed significantly in its approach to dealing with the rising number of prisoners.When examining the connection between the readings and current events, explored in the news, it becomes clear that the number of African Americans being sentenced to prison is almost double that of white Americans. Currently, the news is filled with news reports showing how African Americans are being criminalized based on their race and ethnicity, which has had a significant implication on their social status. Another key aspect to note is that news reports explore the challenge of mass incarceration, which is the main issue of focus in each of the readings. The readings also show the role of the civil rights movement in the 1970s in seeking to promote social justice. That can also be seen from current organizations such as the Vera Institute and the Marshall Project, both of which have been on the forefront in fighting for justice for those imprisoned.
References
Bandyopadhyay, S., & McCannon, B. C. (2014). The effect of the election of prosecutors on criminal trials. Public Choice , 161 (1-2), 141-156.
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Berger, D. (2015). Captive nation: Black prison organizing in the civil rights era . UNC Press Books.
Page, J. (2011). Prison officer unions and the perpetuation of the penal status quo. Criminology & Public Policy , 10 (2011), 735-770.
Schoenfeld, H. (2010). Mass incarceration and the paradox of prison conditions litigation. Law & Society Review , 44 (3‐4), 731-768.
