2.9 - Mass Incarceration

Inmates on their beds

Prisoners in the Alabama Department of Corrections

Pie Chart of Where and for What Crimes Prisoners are Incarcerated

     Mass Incarceration is a very prevalent issue in the United States, and much of that has to do with lingering racism and a flawed criminal justice system that fails to do its job. One of the problems that our society faces in this regard, is that we don't adequately acknowledge and reflect on our nation's history of slavery, segregation, lynching, and other outright acts of racism. We sweep the facts and memories out of sight and out of mind, and try to act like nothing happened in the first place. While this might seem like an innocent act of trying to forget the horrible things that happened, it is altogether disrespectful to black people, both past and present, to not acknowledge what they suffered and still have to experience. Further more, the legacy of this mistreatment has carried forward into today's world, and although slavery and segregation have ended, blacks are still being abused by the racist tendencies of the criminal justice system.

     The modern criminal justice system presents its racial bias in many ways. The facts are irrefutable that blacks in America are treated poorly with respect to justice and criminality, and are unfairly accused, arrested, sentenced, and much more. African Americans make up only 13% of the total U.S. population, but represent 28% of the arrests, 40% of the jail and prison population, and 42% of the death row members. They are arrested 2.5 times more prevalently than whites are, and are only have as likely to make bail. They are 87% more likely to be incarcerated before their trial, are more likely to be sentenced to prison instead of probation after their trial, and are often charged with harsher sentences than white offenders. Obviously most of these arrests and convictions are appropriate and reasonable, but there are also many cases in which this racial bias has caused them to be unfairly accused and punished. This is the fault of the justice system, police officers, and people in society in general, because the whole mindset surrounding skin color and criminality is something that needs to change.

     Studies have shown that whites unknowingly associate black people with criminality. This causes unfair treatment and prejudice in white communities, and it has leaked over to the police and judicial departments in some cases. Police officers are more likely to stop, search, and act with violence against black people than their white counterparts, which has lead to huge debates in our world today surrounding topics like police brutality. Though black youths make up only 15% of all children in the U.S., they contribute to 35% of all juvenile arrests. They are more likely to experience school suspension, expulsion, and arrest, which further adds to the high rates of childhood incarceration in places like juvenile detention centers. Out of the total 2.3 million incarcerated people in the U.S. today, 46,000 of those are being held in Youth Detention Centers. Many times these youth are placed in these centers because of offenses they have committed that aren't even real crimes. This could mean they simply violated their probation terms, or committed status offenses such as running away from home or skipping school. However, youth detention is not the worst case scenario for these children. One out of ten confined youths are held in adult jails or prisons, but even the juvenile facilities are horrible and similar in nature to the state jails or prisons. 

     Although many people believe that major prisons are the primary issue when discussing criminal justice, they would actually be surprised to learn that local jails play as large or larger of a role in mass incarceration. There are around 600,000 people that are sentenced to prison each year, but 10.6 million jail visits per year. That number is mind-boggling, and although local jails go unrecognized for their role in incarceration, they actually hugely contribute to the issue. The thing is, most of the people housed in these jails have not been convicted, but are rather waiting on their trial and being kept there in the meantime. Most of them are too poor to make or pay bail, largely due to the expense and price of bail in many cases. The median bail amount for felonies is $10,000, which is approximately 8 months of income for the average detainee. This is why so many people are stuck in jail with no alternative, simply waiting for their trial to take place. 

     In addition to the blame placed on police officers for their arrests and judges for their sentencing, prosecutors also play a large role in mass incarceration. In the 20th and early 21st centuries, aspiring politicians would become prosecutors in order to reach positions of political power. While doing this, they would be hard towards criminals in regards to incarceration, as they believed it would help them in their political endeavors, and they were correct. This attitude that became known as "tough on crime" would help them be successful in their attempts for election and re-election, therefore giving them even more incentive to harshly punish defendants they faced. This shaped the criminal justice system into what it is today, and has been a big reason why incarceration rates have increased over 500% in the last 40 years. 

     Restrictions on the power that the criminal justice system has, in all its parts from the judges to the prosecutors to the police department, is necessary if improvement is going to be seen from this rampant issue of mass incarceration. However, that is not the only area that needs to be reformed. I believe that both the white and black communities in our society need to be better in their thoughts and actions. White communities need to be educated on what is going on and why there is so much imprisonment, especially of blacks in America. They need to understand what is causing these issues, and fix the outlook and racial prejudices that they have. Black communities need to come up with ideas for the reform of the typical home life and behavior of their children being raised. They need to figure out solutions for how to prevent violence and criminality in their communities, especially with regards to their youth. If everyone in our society works to better understand and find solutions for this problem that is mass incarceration, then I think that we can slowly improve the situation over time and better ourselves as a nation.

Sources:

EJI Legacy Museum: Mass Incarceration: This source is where I found information on continued racial bias in our nation, as well as the EJI's beliefs on the subject.

ALCU: Mass Incarceration: This source is where I found some background information and statistics on mass incarceration. 

Prison Policy Initiative: Mass Incarceration: This source is where I found lots of statistics and information surrounding common beliefs and myths about the issues of mass incarceration, as well as some graphs with data about the topic.

The New York Times: How Tough-on-Crime Prosecutors Contribute to Mass Incarceration: This source is where I found information on how prosecutors have contributed to mass incarceration and how they have shaped the criminal justice system.

The Sentencing Project: Report on Racial Disparities: This source is where I found background information and racial statistics associated with criminality.

Center for American Progress: Mass Incarceration: This source is where I found information on mass incarceration, especially with regard to women and children.