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Essay: Investigating How America’s Penal System Affects the Nation and Its Reform Options

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  • Published: 1 April 2019*
  • Last Modified: 23 July 2024
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  • Words: 1,502 (approx)
  • Number of pages: 7 (approx)

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To what extent is America’s state and federal penal system affecting the nation, and how can it

be reformed?

As a result of governmental action in the past, the ethical implications of incarceration have been

called into question due to the economic and evident prisoners-health consequences that arise

from not implementing positive reform policies.

Annotated Bibliography

Currie, Elliott. Crime and Punishment in America. New York: Henry Holt and Company, Inc., 1998. Print.

Award winning author, Elliott Currie, in his book, Crime and Punishment in America, analyzes the effectiveness of the approaches to violent crime using numerous statistics and his own personal research and experience as a Professor of Sociology and Criminology. This book breaks down the many common myths surrounding the penal system such as: the “Myth of Leniency” the “Myth of Efficacy” and the “Myth of Costlessness,” all of which is analyzed to curtail what the public believes, and introduce facts and numbers that are reputable. Currie, in his jargon-free book, presents statistics and analysis that discerns those that are factual, from those that are fabrications used to manipulate and to achieve an author’s purpose; whether that be to insight fear, or perhaps to gain a popular vote. His analyses and the numbers will certainly aid in my research on prison system reform by detailing causes, and offering solutions in policies and economics. However, using more current statistics would make my research more reputable since this book was written nearly 20 years ago.

Daniel, Anasseril E.  “Care of the Mentally Ill in Prisons: Challenges and Solution.” Journal of the American Academy of Psychiatry and the Law 35 (2007): 406-410. JAAPL. Print.

The United States has the highest rate of adult incarceration among developed countries, and those with mental disorders have added to the prisoners’ population. A study conducted in 2006 by the U.S. Department of Justice found that more than half of all prison and jail inmates have a mental health problem compared with 11 percent of the general population, yet only one in three prison inmates and one in six jail inmates receive any form of mental health treatment. Often times, compared to the public, offenders are seen as less than human, but thanks to the Supreme Court decision in Ruiz v. Estelle, all prisoners have a constitutional right to receive medical and mental health care that meets minimum standards. This is important for my research in prison system reform because correctional institutions are being used in place of state hospitals, and the mentally ill inmates need to be distinguished from the general population for them to receive the proper medical treatment.

Gordon, Bennett. “Prison Boom, Economic Bust.” UTNE Reader, Nov. 2009. Web.

Bennett believes that the motivation for the change in corrections policy is money because it costs a lot more to house an inmate than to rehabilitate. Taxpayers spend around $60 billion a year on corrections, and now people are beginning to question the effectiveness of prisons and whether they actually make us safer. This is because the United States has been increasing its use of prisons to punish low level offenders, like drug offenders or parole violators, who are not likely to commit more serious crimes. These people who are being locked up for non-violent crimes decreases the effectiveness of incarceration and overcrowds the system. This is important in my research for the fiscal effects that the prison system bring upon the rest of the community.

“Jail Break.” The Economist. The Economists, 27 May 2017. Print.

The initial claim of this article is that a lot is known about how to reform prisoners, but far too little is actually being done. This article presents alternative solutions that would ultimately reduce the costs that entail funding for a convict behind bars who is unlikely to be working, supporting his family, or paying taxes. These solutions include a GPS- enabled ankle bracelet to monitor location, tagging, and therapy and counseling, which has proved useful in dealing with young offenders and would ultimately decrease the amount that is spent on incarcerating individuals.

Mai, Chris and Ram Subramanian. “The Price of Prisons: Examining State Spending Trend, 2010-2015.” Vera Institute of Justice, p.1-28, May 2017.

The Vera Institute of Justice developed a survey to measure changes in state prison populations and expenditures between 2010 and 2015 in order to answer the question, “Have states who have witnessed the desired downward shift in prison size also witnessed it in spending?” The answer to this question, posed by the researchers, is that state spending on prisons is influenced by many factors, varies from year to year, and some factors are out of the corrections department control. The study contends what many people believe that the majority of the cost is of the inmate, but it is actually the employment of correction employees that is the primary driver of prison spending. This source provides information that is contrary to what the public believes and brings up another perspective of the fiscal costs on the prison system and how it affects the state.

Martin, Rachel. Interview with Judge Mark Bennett. A Federal Judge Says Mandatory Minimum Sentences Often Don’t Fit the Crime, NPR Morning Edition, 1 June 2017.

Federal Judge, Mark Bennet of Iowa, in an interview with NPR’s Rachel Martin, speaks out in opposition of mandatory minimum sentencing for nonviolent drug offenses because he believes that often times, “the punishment doesn’t fit the crime.” Frequently, mandatory minimums are applied very harshly and treat offenders alike when really, each situation is very different. The nature, circumstance, history, and characteristics of the wrongdoers should also be factored into each case. The legislation that was passed to enforce mandatory minimums was passed unfairly and without clear insight from those who are a part of the criminal justice system. This source is an important addition to my research in that it evaluates a policy that is still in use today, and deems it ineffective. This reveals that different methods must be enforced.

Nixon, Richard M. “Remarks About an Intensified Program for Drug Abuse Prevention and Control.” 17 June 1971. White House Briefing Room, Washington D.C., VA. Speech.

Late President Richard Nixon declared drug abuse as America’s public enemy number one in 1971, and consequently asked congress for more funds to increase the federal drug control agencies in order to combat the issue. Although his firm position is praiseworthy to fight this epidemic, and is echoed among many presidents that followed him, the measures that were enforced led to harsher penalties and an increasing prison population. This speech is relevant to my research on the effects of ineffective mandated policies; because during his presidency, the War on Drugs marked the increasing rates of incarceration for nonviolent drug offenses and models the faulty system of mandatory sentencing laws.

Rich, Josiah D. et al. “How Health Care Reform Can Transform the Health of Criminal Justice–Involved Individuals.” Health affairs (Project Hope) 33.3 (2014): 462–467. PMC. Print.

Due to the growing concern of the United States incarceration rates, the National Research Council and the Institute of Medicine held a workshop with health care, advocacy, policy, and social science experts to discuss the health care challenges and opportunities in the current criminal justice system. This article addresses provisions that the Affordable Care Act can offer to the criminal justice system for the medically disenfranchised, and also relays the current state of correctional health in the United States. This source is relevant to my research by adding information that discusses policies that will benefit inmates by improving health services and may provide an opportunity to incorporate correctional health into accountable care organizations. The recommendations that this article presents include supporting alternatives to incarceration, improving care within correctional facilities, and increasing access to community based care upon release.

Schlosser, Eric. “The Prison-Industrial Complex.” The Atlantic, December 1998. Print.

This article by Eric Schlosser examines the history of the incorporation of the prison- industrial complex into the construction of the U.S. prison system, and how the policy has affected the nation economically. Furthermore, the article also states the problem of the prisoner population and the prisons operating over capacity. This creates a hostile environment that is not conducive for rehabilitation, or safe for the correctional officers and the inmates.

Wagner, Peter and Bernadette Rabuy. “Following the Money of Mass Incarceration.” Prison Policy Initiative, January 2017. Prison Policy. Web.

This report on mass incarceration explores almost every facet of what plays a part in the costs that add up to $182 billion a year for the government and for the families of justice-involved people. The very thorough report and the infographic are a way to better understand who benefits from mass incarceration and who would be resistant to reform. By following the money trail, it is seen that private prisons bolstered by the prison-industrial complex are not the only ones who benefit from mass incarceration. Numbers and statistics are facts that cannot be disputed and will be beneficial in my research for evaluating what are the main factors that result in such a high cost, and how we could best benefit society.

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