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Prison overpopulation problem in america
Prison overpopulation problem in america
Overcrowded prisons and society
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Florida is losing the war on drugs though financial attrition. The economic impact of substance abuse in the Sunshine State is estimated to be roughly 6% of the state’s gross domestic product (Miami 20). Contributing to the problem is the myopic view of a judicial system that chooses to impose harsh criminal penalties, including incarceration, on non-violent offenders with minor possession charges. Increasing budgetary constraints, leading to fewer available resources, contrast harshly with the rapidly growing substance abuse. In 2009, statewide drug convictions increased by 5.9%, while state and federal funding toward alternative-sentencing programs decreased by 5.8% (Families 3; National Center). Currently Florida has more than 20,000 inmates imprisoned with an additional 60,000 in jail for assorted drug charges; a large portion are serving sentences for crimes involving minor possession or simple purchasing (Families 2). The fiscally responsible response to non-violent offenders charged with minor possession is not the judicial system’s traditional approach, but rather utilizing alternative-sentencing programs such as drug court.
In 1982, Florida enacted mandatory minimum sentencing for drug offenders, as a result of pressure to avoid federal sanctions (TASC 4). Within 18 months, thousands of offenders were charged with simple purchasing or possession of controlled substances, and federal and state courts were quickly overwhelmed. The growing number of incarcerated drug offenders tripled over the following decade causing prisons and jails to suffer from overcrowding (National TASC 6). With federal and state budgets stretched dangerously thin, Florida legislature quickly passed state statutes allowing judges to disch...
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...ions, n.d. Web. 03 April 2012.
Florida. Executive Office of the Governor. Directory of DCF Funded Adolescent Substance
Abuse Treatment Programs. Tallahassee: Executive Office of the Governor, 2009. Print.
Florida. Supreme Court Task Force on Treatment-Based Drug Courts. Report on Florida’s Drug
Courts. Tallahassee: Office of the State Courts Administrator, 2009. Print.
Miami Behavioral Health Center. The Annual Economic Impact of Alcohol and Drug Use in
Florida. Miami: Florida Alcohol and Drug Abuse Association, 2009. Print.
National Center for State Courts. “Budget Resource Center.” www.ncsconline.org. National
Center for State Courts, n.d. Web. 03 April 2012
National TASC. Considering Public Safety: The TASC Abilities. Alexandria: Office of Justice,
Programs, n.d. Print.
TASC. Clinical Case Management Model. Washington: N.p. n.p., 2011. Print.
After viewing the documentary: America's War on Drugs - The Prison Industrial Complex, it is clear that the Criminal Justice System is in desperate need of reconstruction and repair with policies such as the mandatory minimum sentencing act which has proven to be unsuccessful and unjust in its efforts to deter 'criminals from committing illegal acts' as seen with the increase of incarcerations of the American people and the devastating effect it has had on those in prison and the family members of those incarcerated.
“The nation 's first drug court was established in Florida in 1989, and there are now more than 2,500 operating nationwide” (Rankinf and Teegardin). From that moment in 1989, America’s judicial system decided to re-evaluate how the courts had been approaching drug addiction and crime. Instead
As offenders are diverted to community residential treatment centers, work release programs and study release centers, the system sees a decrease or stabilization of the jail population. While the alleviation of overcrowding is a benefit it is not the only purpose of diversion. A large majority of crimes are committed while under the influence of drugs or alcohol. Studies have shown that more than half of all individuals arrested in the United States will test positive for illegal substances (NCVC, 2008). Efforts to reduce crime through incarceration usually fail because incarceration does not address the main problem, the offender’s substance abuse.
Determinate sentencing is becoming more popular in juvenile courts. It is a special statute that allows for the possibility of a juvenile serving a sentence beyond the age of 21. It specifically covers certain violent offenses and drug cases, like murder, capital murder, sexual assault, and indecency with a child. Aggravated controlled substances cases are also covered (TYC website). The alternative to determinate sentencing is blended sentencing, which allows judges to issue delinquent offenders both juvenile and adult dispositions. Depending on the behavior of the delinquent while serving out their juvenile sentence, a fail-safe postadjudication stage occurs to determine whether or not their adult sentence should be suspended or invoked (Belshaw et al, 2011).
To begin, drug courts were established in Miami in 1989 during the “war on crime” era. According to Cooper (2003), “the immediate goals of the drug court were to reduce the recidivism rate of these defendants while they were awaiting disposition of their cases, reduce the failure to appear at trial rate, and provide at least some level of treatment services” (p. 1672). During the “war on crime” era, criminal rates were escalating and courts were overflowing with case loads and the drug court was implemented in order to find another way to help solve the drug problems with select offenders. Additionally, “the primary purpose of the Miami drug court was, therefore, not therapeutic, although it clearly had therapeutic elements, but, rather to promote public safety and more effective judicial supervision of defendants while awaiting trial” (Cooper, 2003, p. 1672). Providing a safe sanction for offenders as well as the community was an efficient solution to control the caseloads of drug offenders and ensure the safety of the community.
Sentencing of a convicted criminal is ultimately in the hands of the judge. Although there are standards that may be suggested for a judge to follow that work in accordance with the crime committed, by no means is a judge required to follow those suggested standards when making a decision. In the end, the final verdict is left up to the judge presiding over the case and they can do with that how they feel fit. Which is why in the case of Rhonda Kuzak, the judge has decided to go a less conventional route with her punishment. Because of the previous convictions Kuzak has on her record, a simple fine and/or jail time will not be what the court ordered. Kuzak has been arrested and convicted three prior times for possession of drugs, cocaine to
Introduction Alternatives to incarceration have been explored in recent years due to the overcrowding in the correctional system. Intermediate sanctions are one of those alternatives. Intermediate sanctions have long been used in the United States due to the benefits and options that it offers from saving money to reducing overcrowding, but it does, however, have its unfortunate flaws. There are many programs within intermediate sanctions that work, and some that fall behind. Intermediate sanctions are an alternative to the costly prison system, but to what end?
Prisons and correctional facilities in the United States have changed from rehabilitating people to housing inmates and creating breeding grounds for more violence. Many local, state, and federal prisons and correctional facilities are becoming more and more overcrowded each year. If the Department of Corrections (DOC) wants to stop having repeat offenders and decrease the volume of inmates entering the criminal justice system, current regulations and programs need to undergo alteration. Actions pushed by attorneys and judges, in conjunction current prison life (including solitary confinement), have intertwined to result in mass incarceration. However, prisoner reentry programs haven’t fully impacted positively to help the inmate assimilate back into society. These alterations can help save the Department of Corrections (DOC) money, decrease the inmate population, and most of all, help rehabilitate them. After inmates are charged with a crime, they go through the judicial system (Due Process) and meet with the prosecutor to discuss sentencing.
To begin, Mandatory minimum sentences result in prison overcrowding, and based on several studies, it does not alleviate crime, for example crimes such as shoplifting or solicitation. These sentencing guidelines do not allow a judge to take into consideration the first time offender, differentiate the deviance level of the offender, and it does not allow for the judge to alter a punishment or judgment to each individual case. When mandatory sentencing came into effect, the drug lords they were trying to stop are not the ones being affected by the sentences. It is the nonviolent, low-level drug users who are overcrowding the prisons as a result of these sentences. Both the U.S. Sentencing Commission and the Department of Justice have determined that mandatory sentencing is not an effective way to deter crime. Studies show that mandatory minimums have gone downhill due to racial a...
Mandatory minimum sentencing is the practice of requiring a predetermined prison sentence for certain crimes. The most notable mandatory minimums are the ones implemented in the 70’s and 80’s, hoping to combat the rising drug problem. Mandatory minimum sentencing has existed in the United States nearly since its very birth, with the first mandatory minimums being put into place around 1790. Recently, as the marijuana laws of many states have scaled back in severity, the issue of mandatory minimums has caused controversy in the US. There are two distinct sides to the argument surrounding mandatory minimum sentencing. One group believes we have a moral obligation to our country requiring us to do no less than lock up anyone with illegal drugs
These two articles clearly display to the reader the pitfalls mandatory minimums sentences can have in the context of certain drug offenses. Illustrating the restrictions mandatory minimums place on a judge’s ability to use their experience and knowledge to assert the right type of punishment over those convicted of crimes. , “Canadians lose confidence in the criminal justice system when the sentence doesn’t fit the crime,” – Michael Cooper (Harris, 2016). This reformation of the courts showed the public that fairness is the focus of the justice system and not just deterrence and or
For county jails, the problem of cost and recidivism is exacerbated by budgetary constraints and various state mandates. Due to the inability of incarceration to satisfy long-term criminal justice objectives and the very high expenditures associated with the sanction, policy makers at various levels of government have sought to identify appropriate alternatives (Luna-Firebaugh, 2003, p.51-66). I. Alternatives to incarceration give courts more options. For example, it’s ridiculous that the majority of the growth in our prison populations in this country is due to people being slamming in jail just because they were caught using drugs. So much of the crime on the streets of our country is drug-related.
Not everyone loves the ideas of alternatives to prison because alternatives to prison seem to work only when there is a limited number of cases that adhere to the sentence, However, when places like California is spending more money on their prison systems than on actual education, alternatives to prison seem to be the best choice (David, 2006).
Drug violators are a major cause of extreme overcrowding in US prisons. In 1992, 59,000 inmates were added to make a record setting 833,600 inmates nationwide (Rosenthal 1996). A high percentage of these prisoners were serving time because of drug related incid...
Not only has the drug war failed to reduce violent and property crime, but, by shifting criminal justice resources (the police, courts, prisons, probation officers, etc.) away from directly fighting such crime, the drug war has put citizens’ lives and property at greater risk, Benson and Rasmussen contend. “Getting tough on drugs inevitably translates into getting soft on nondrug crime,” they write. “When a decision is made to wage a ‘war on drugs,’ other things that criminal justice resources might have to be sacrificed.” To support this conclusion, Benson and Rasmussen compare data on drug law enforcement and crime trends between states, and debunk numerous misconceptions about drug use and criminality.