Cja 463 policy development paper

Reducing Overcrowded Prisons 1

REWORD ALL MATERIAL. THIS IS A TUTORIAL ONLY AND
YOU SHOULD NOT GRADE ME BASED ON WHAT IT DID
NOT HAVE. PLEASE GIVE ME A FAIR GRADE AS IT GIVES A
TUTORIAL AND A REFERENCE FOR YOU TO USE.

Reducing Prison Overcrowding

CJA/463


Prison overcrowding has been a major problem in this country for the last 20 years. This

problem stemmed from many different causes or reasons. The fundamental breakdown of the

correctional system as a whole has contributed to this problem. This has caused havoc within

our system in many different ways especially from a financial standpoint. It cost a tremendous

amount of money to house prisoners, and death row inmates cost of incarceration is

astronomically high. As this paper goes along we will look at some of the reasons as to why our

prisons are overcrowded, and how we might be able to remedy the situation.

Prison overcrowding has become an issue in just about every state in the country, and

especially in California, New York, and Texas. In 1980 there were states that a tougher outlook

on crime which in turn resulted in several new policies that were adopted. California adopted,

and enforced the three strike policy, and New York implemented the broken window policy.

According to Jerome Mullins,” the three strike law has significantly increased the overcrowding

of prisons” (Mullins, 2005). This policy increases the prison sentence for those already serving

time although it also prevents a person previously convicted from receiving any punishment

other prison time.

California had major impacts due to this law from the onset, and in less than a year major

implications begin to surface. After a mere six months there were over 7400 second or third

strike cases that had been filed while two thirds of them were in Los Angeles. This law being in

effect has completely affected the whole system as a result of it. The three strike law directly

affected the plea bargaining agreements while jamming the courts with cases that would have

normally plead down. With this trend taking place 14% percent of the second strike cases were

plead down whereas only six percent of the third strike cases. While increases all throughout the


system one of the biggest impact was in the correctional facilities. Being most of all the cases

were awaiting impending trials the result of this was more people being held in jails awaiting

trials.

As this paper has just revealed as to why the state of California has had many problems

with overcrowding now it will show why New York had the same problem. New York has

instituted the Broken Windows law which was enacted to arrest and prosecute criminals

regardless of the severity of the crime. The broken window law asserted itself as a law that was

put in place as a strict law to enforce while also as a deterrent. According to Hope Corman “the

New York Police thinks the only way to fight crime consistently is with the arrest rate” (Corman,

2002). The arrest rate for felony offenses grew at a rapid rate, and at one time it was over a 70%

increase. An example of the effectiveness of this law is when the arrest for burglary rose 12%

the percentage of burglary related crimes fell from as much as three percent in some cases.

Corman also argued that it was not as big a deterrent as some people say, but if you go by

the numbers they suggest it was a miraculous deterrent. This law was a strategic plan to clean up

New York as Mayor Gulianni said the city has been slowly sinking into the sewer. This law had

a big impact on the subway system in New York because the misdemeanor crimes were running

rampant in the subway system. Corman and Mocan identify several factors that could affect

crime rates. For example, the police force in New York City grew by 35 percent in the 1990s, the

numbers of prison inmates rose 24 percent, and there were demographic changes, including a

decline in the number of youths.

Some skeptics argue that these two laws that were put into effect was only a minor step in

reducing crime. The 1990’s brought economic prosperity to a country after a near recession in


the late 80’s. They like to compare the economic prosperity to a dangling carrot in front of the

criminal side of things. Unemployment had dropped 25% in the mid 1990’s and as much as 39%

by the year 2000. Good economical conditions are one thing that has always reduced the crime

rate because if people have money they tend not to commit crimes to get it. Officials in New

York and the state as a whole have often made the statement that the police “walked softly and

carried a big stick” (Francis, 2005). The homicide rate dropped 73% over a period of nine years

from 1990 to 1999. As the two examples of laws that have increased the over population of

prisons the rest of the country have experienced the same problems.

Texas has the same problem as the other states in the country, and it has been blamed on

many different areas. Some people place blame on the court system while others lay blame on

the parole system. This section of the paper will look at the reasons Texas prisons are

overcrowded compared to the other two states. One of the main according to Sylvia Payne is

that “one out of every five people in the state has some connection to the prison system or the

probation system” (Payne, 2007). Texas has always been one of the most notorious states for

being extremely tough on crime. Some people wonder if they are really tough on crime or tough

on the people that have to use public defenders. Over the course of the 1990s, the prison

population both nationally and in Texas began to grow at notable rates. Even though crime rates

peaked in 1990-1991, prison populations and incarceration rates continued to grow for most of

the rest of the decade.

Some people tend to believe as Californians, and the New Yorkers that the overcrowding

of prisons was due in part to new policing, and sentencing guidelines. Texas also adopted the

“three strike law” as well as a zero tolerance to drug offenders. The Texas legislature has had


many different theories as to why the prisons are so overcrowded, and they intend to avoid an

emergency such as California had. Governor Perry has said that 153,000 inmates currently in

Texas prisons are about 51% above the national average. He also stated that the “correctional,

and parole system needs to be overhauled to meet the rise in prison detainees” (Madden, 2010).

Representative Jerry Madden chairman of the Texas House Correction Committee says

“Texas has changed the course of the ship for the Texas prison system” (Madden, 2010). Texas

has chosen the way of rehabilitation rather than the construction of entirely new prisons. The

legislators of Texas have long recognized the problem in the prison system because they

informed the system to make an additional ten percent budget cut. So Texas is choosing a

method as Governor Perry said this is a “justice reinvestment”.

The prisons are mostly of a privatized business, and by reports are cheaper to run this

way versus state run systems. Some people think private prison companies should be renamed

private prisons profit for crime. Privatizing prisons date back to the 1800’s when penny pinching

legislators hired the first private firm to run Louisiana’s first prison. It became a regular thing

for states to sell out to private firms to manage their prisons. In the mid 1980’s it all came to the

forefront when the trend shifted to private run prisons. Private prisons are a business, and the

people that own the companies are raking in millions in revenue from crime. Some people

question the ethics of this business as to where it is a legal form of organized crime. There is not

a whole lot of difference between private companies making money off of prisoners than a man

making a dollar off a pint of moonshine. The companies that are running these prisons are not

concerned but rather overjoyed to see a rise in prison counts. It basically boils down to more

crime, more prisoners, and more money.


There are several large private security firms that manage prisons, and they Wackenhut,

Corporate Corrections of America. They thrive on the misfortune of convicts whom they have to

have for their business to be successful. It is almost like making a dime on a crime, and basically

that is how they function. These companies have convinced states that they have a better way to

run things when it reality it cost the same except these companies do not pay what civil service

wages are.

A recent visit to the Goree Unit in Huntsville, Texas while I was at home for the holidays

really opened my eyes to the seriousness of the prison problem. I had the opportunity to sit, and

talk to one inmate whose name was Michael Ellison. He was convicted in the mid 1980’s for

indecency in front of a minor, and 31 years later he is still in prison. He was released on parole

in 2008, and was on his way home from doctor when he had to stop to get gas in order to get

home. That store was not on his to do list for the day, and the GPS anklet showed he was

somewhere he was not supposed to be. He never got out of the vehicle, and was approached by

two deputies which subsequently carried him to jail. He stayed the first 8 months back in prison

sleeping on a cot in the hallway because they had no room. There are multiple prisons in

Huntsville, and they were all in the same boat which was sinking due to over capacity.

I sat there watching inmate after inmate walk through the door with the same story of

they should be at home. So I ask Michael did they all really seem to think they should be at

home, and his reply was we were all told we should be at home. The Goree unit is a rather large

unit which handles parole violators, and most of them are minor violations. This is one of the

problems after the conversation that was revealed that the parole boards may be the general

cause of the overcrowding of prisons.


Personally in the realm of society where over 500 of every 100,000 people are behind

bars it is not a surprise that the prison system is busting at the seams. The problem seems to be

growing like an infectious virus with no serum to stop it. The government has exhausted billions

of dollars into this system to try to stop this problem such as what happened in California. The

state was broke due to the prison system sucking the life out of it. The federal government had

to intervene just to keep the state from becoming extinct.

A recent article which I found to be very intriqing, and it applies to this very topic. The

American Legislative Exchange Council also known as (ALEC) has come up with a plan. It is

called Conditional Bond Release Program which requires all inmates to meet certain

requirements for them to keep their ticket to the outside world. This is one of the ways that

paroled inmates can stay in the real world while still being in the system. If they gain

employment, and keep the job then that are points in their favor. Do not have any contact with

law enforcement for a certain amount of time then that is points also. This is an excellent plan

for inmates that have been released to live a normal life.

This is one of the problems that when inmates are paroled they are so closely maintained

as if they are still in prison. If an inmate has served his time, and paid his debt to society then

they should be allowed to accept employment. After all if a person is sentenced to x amount of

years, and have to serve 25% of it before parole then once it is served the let it go. Prison

overcrowding can be attributed to a lot of things which all have some merit. One thing for sure it

is not getting any better through the years while crime has dropped steadily for the last 15 years.

So as the world turns there are still people going to prison while the crime rate is dropping then

there is something wrong within the system.


As this paper has traveled along we have covered the problem of prison overcrowding,

and some of the things that have led up to it. The first accounts were when the two different

laws were passed in California, and New York which most states took into account also. These

laws were to be enforced to the maximum capabilities with the knowledge of already full prisons

in the minds of everyone. These laws must assume a big part of the blame while some of the

blame must be placed on the parole and probationary branches of the system. These cheap

parole violations that are landing people back in prison are probably the biggest reason for this

explosion in the prison system. Until the correctional system is overhauled to throw out defunct

laws that are broken, and incorporate new ones the system will never prosper. The system will

remain broke literally while the fat cats at Wackenhut and CCA still reap the benefits of a crime.


References

Bonczar, T. (2007) Parole and Probation in the United States. Retrieved January 16, 2011 from

http://openlibrary.org/books/OL13620638M/Lifetime_likelihood_of_going_to_state_or_federal_

prison

Corman,H. (2005) What Reduced Crime in New York City. Retrieved January 16, 2011 from

http://www.nber.org/digest/jan03/w9061.html

Federal Bureau of Investigation. 2005 Uniform Crime Report.Washington D.C. September 2006.

Retrieved January 16, 2011 from http://www.fbi.gov/ucr/05cius/

Gramlich, J. (2007) States Seek Alternatives to More Prisons. Retrieved January 16, 2011 from

http://www.stateline.org/live/details/story?contentId=217204

Payne, S. (2006) Prison Overcrowding in Texas. Retrieved January 16, 2011 from

http://www.helium.com/items/340853-prison-overcrowding-in-texas

Roy, P. (2011) Prison Overcrowding: Back to Basics. Retrieved January 16, 2011 from

http://www.examiner.com/tea-party-in-boston/prison-overcrowding-back-to-basics

Cja 463 policy development paper

More Related Content

What's hot

Viewers also liked

Similar to Cja 463 policy development paper

Cja 463 policy development paper