The United States is regarded as one of the most industrialized and democratic countries throughout the world. The country boasts a large workforce that has the necessary skills to sustain a vibrant economy. However, the country has been faulted for the increased incarceration of citizens for various offenses, some of which have been criticized for lacking weight. About 2.3 million citizens are locked up in about 6,000 federal, state, and private facilities(Bernd et al., 2017). Although there is a need to maintain order in the society, the prison industrial complex has been associated with the increased number of prisoners since it benefits the private institutions which complement the government’s effort for rehabilitation and punishment. The moral principle of utilitarianism and egoism, as well as the principle of deontology, has been trampled by the current mass incarceration and prison industrial complex in the United States.
This paper will discuss the ethical theories that can explain the current state of imprisonment in the United States. It will exploit information from peer-reviewed journals that discuss the issue about the theories. It will also juxtapose the issue with the deontological perspective to assess the intrinsic nature of the situation.
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The Theory of Self-egoism
The theory of self-egoism can be duly explaining the current state of affairs in the United States prison system. A good number of the citizens hailed the strict drug control laws that were aimed at reducing the sale and use of harmful drugs in the country. However, this has resulted in more people being bundled in police cells and later into prisons every day. The number has been so overwhelming that the government has to contract private institution to accommodate the prisoners(Bernd et al., 2017). In July 2015, President Barrack Obama visited the El Reno federal Correction Institution in Oklahoma, and the issue of non-deserving incarceration became a topic of discussion. President Obama became the first sitting president to visit a correctional facility.
According to the president, it was entirely unfair to imprison non-violent drug offenders who would rather remain productive in the workforce. According to the president, a significant number of the youth were incarcerated for offenses that he, the president, had committed in the past but was not subjected to the questionable judicial system. This boils down to the moral theory of egoism,
The theory holds that sometimes, people or institutions carry out various activities for their selfish gains. This is done without considering the overall good of the public. According to the theory, the selfish individuals do not perform their actions out rightly, and they influence the systems that are to ensure that they do not get a public reproach. In the United States, the war on drugs has been associated with the mass incarceration of both the violent and non-violent offenders. Social analysts have faulted the private prison owners for influencing the state laws that have been used to incarcerate individuals, particularly those with light offenses.
A report released in June 2011 by the Justice Policy Institute which seeks to understand the contribution of the private prison facilities on the emerging laws found out that the private entities use campaign donations and political lobbying to form a relationship with government officials (Ashton & Petteruti, 2011). This is repaid by the law makers introducing policies that result in more people being sent behind bars. This corresponds to the egoism theory of morality which outlines that interested parties may remain unknown to the public since they seem to conform to the prevailing regulations. It also explains why they target the law makers who would give make laws that favor them.
It is also noteworthy that the egotism theory applies to the nature of the affected workforce. Most of the non-violent prisoners are young and productive(Ashton &Petteruti, 2011). By having them remain behind bars, the economy is robbed of a robust workforce.Also, billions of dollars are spent every year to meet the needs of the inmates. To the tax payers, the mass incarceration is an additional burden that would best be reduced through the revisions of the federal and state laws. While the millions of the tax payers bear the burden, a few individuals who own the private facilities rake in profits from an activity that is highly unethical.
The Utilitarian Theory
The utilitarian theory can also explain the nature of prison system in the United States. The utilitarian theory of punishment outlines that the actions taken to protect individuals and punish offenders should be guided by the interest towards the public good. However, this is not to be entirely construed that the end justifies the means (Roberts, 2013). In the current mass incarceration of offenders in the United States, this does not prove to be the case. The rationale for this is that the implications of the imprisonment only appear to have detrimental effects on the society for various reasons.
First, research has indicated that the imprisonment is not morally motivated and it has been triggered by laws that are meant to benefit given a section of the people who operate the private prisons. There is no public utility in compelling the citizens to pay more taxes in the belief that they will contribute towards a safer society. Also, the correction system does not prove to have desirable results. The rationale for this is that within five years after being released from prison, more than 60% of the offenders are re-arrested. Therefore, the end is not justified by the means either (Bird-Pollan, 2016).
Secondly, the mass incarceration has had negative implications that are divergent to the principle of utilitarianism. The prioritization of the drug laws in the country has resulted in relatively more Blacks than Whites being imprisoned. This has raised the concerns of different stakeholders who have referred to laws as biased and geared towards racial discrimination. However, it has been reasoned that the conditions in the neighborhoods in which the Blacks live expose them to more crimes and they are susceptible to drug abuse more than the Whites are. To create a more comprehensive and justifiable law, utilitarianism demands that the regulations in a society must be guided by the tenets of making the society better. Therefore, just like President Obama had proposed, the incarceration of non-violent drug offenders should be revised to avoid the law appearing discriminative.
Deontological Perspective
The deontological perspective can also explain the rationale behind the mass incarceration and industrial complex in the United States. The moral inclination of the deontological perspective has it that morality is dependent on the intrinsic nature of an action (Białek & Wim De, 2017). The United States is hailed as the land of the brave and free thinkers who have been exposed to a democratic system. However, the society has been disproportionately affected by the war on drugs and the subsequent laws which have been construed to target the Blacks as opposed to the Whites. From a deontological perspective, the criminal justice system should be elaborate and easy to navigate. Also, in addition to justice being done, it must also appear to be done from the outlook.
The intrinsic nature of the mass incineration and the industrial complex also demonstrate that the action is immoral. Apart from the socially explained fact of the Blacks being sent to prison being more than the Whites, the underlying causes and genesis of the law are contradictory from the deontological perspective. For most people in the country, getting rid of drugs in the society would be a milestone achievement by the law enforcers and following the law to the letter as outlined in the policy on the war on drugs is justifiable. However, the genesis of the laws is in itself and intrinsically immoral activity.
Research indicates that the private prison owners have influenced the system by targeting prospective leaders. By funding their campaigns and lobbying for their election, they are assured of kickbacks when their proxies are elected to hold different key offices in both the state and the federal government. Therefore, the law is questionable and does not adhere to the description of deontology. It is also noteworthy that the law has created a negative image of the African-Americans as having a disregard for the law and using drugs at higher rates than the natives.
Conclusion
Summarily, the moral principle of utilitarianism and egoism, as well as the principle of deontology, demonstrates the unethical nature of the American prison system and the laws that have contributed to mass incarceration since they have been immorally conceived through undue influence of the private prison owners. Through egoistic tendencies, the private prison operators do not consider the burden on the society, and they pursue selfish gains. The imprisonment also contradicts the tenets of utilitarianism since it has not proved to result in public right. The deontological perspective also determines the process be intrinsically immoral since it has been conceived through influencing the lawmakers.
References
Ashton, P., &Petteruti, A. (2011). Gaming the system: How the political strategies of private prison companies promote ineffective incarceration policies. Justice Policy Institute .
Bernd, C, Loftus-Farren, Z., &Mitra, M.N. (2017), American’s Toxic Prisons. Earth Island Journal, 32(2), 17-26.
Białek, M., &Wim De, N. (2017). Dual processes and moral conflict: Evidence for deontological reasoners' intuitive utilitarian sensitivity. Judgment & Decision Making , 12 (2), 148-167.
Bird-Pollan, J. (2016).Utilitarianism and Wealth Transfer Taxation. Arkansas Law Review (1968-Present) , 69 (3), 695-728.
Roberts, D. E. (2013).The social and moral cost of mass incarceration in African American communities. Stan. L. Rev. , 56 , 1271.
