An Insight into the United States’ Mass Incarceration Problem: Reform within the criminal justice system

By: Shivani Patel

Third Place

From racial disparities to economic downfall, mass incarceration has laid the foundation for arguments regarding the American criminal justice system. The role of racism had a profound impact on the issue even before the United States became the leading country. Harsher crime and drug laws like the 1971 War on Drugs initiated by former President Nixon started the surge of incarceration rates.[1] Former President Clinton’s 1994 Crime Bill was another heavy indicator of the high imprisonment rates as it gave incentives for the building of more prisons and established stricter prison sentences.[2] Although states like New York have attempted to create criminal justice reform, dozens of court cases have still been rejected without progression about the harsh laws those incarcerated face. Due to the lack of reform in the justice system, the US currently has the highest incarceration rate at around 1.2 million in state prisons in 2021.[3]

One of the most substantial problems with incarceration is its racist system. According to the National Association for Colored People, an organization focused on supporting civil rights, the incarceration rate for African Americans is six times higher than that of Caucasians for illegal drug usage even when, in 2015, the National Survey on Drug Use and Health found that around 13 million more Caucasians reported using drugs.[4] Sexuality is also another important issue that has been violated with mass incarceration. The Ashely Diamond v. Timothy Ward case filed in 2015 argued that Diamond, a transgender Black woman, was abused in a Georgia Department of Corrections men’s prison simply because she was transgender. Her case includes evidence of 14 sexual assaults in one year, with four being within the span of only three days.[5] The disproportionate number of incarcerated people of color is a direct result of racism and homophobia established within the roots of American society. The presence of racism and homophobia within the justice system has resulted in an increase in racial and sexual bias within society, further tearing America apart.

Moreover, many federal prisons have fallen short on the right of privacy and proper treatment for inmates. The 1979 Bell v. Wolfish case argued that double-bunking and routine searches were unconstitutional and violated the first, fifth, and fourteenth amendments. The court ruled in favor of Bell, which led to the decision that prisons, where inmates were held before their trial, could treat inmates restrictively if necessary.[6] This ruling has caused a decrease in the judicial inspection of cases relating to the treatment of those incarcerated, leading to worse prison conditions.

The perceived notion that mass incarceration decreases crime rates has fueled the mindset of those that believe in its establishment. The Vera Institute of Justice, an organization focused on improving justice systems, gives data to support the claim that mass incarceration has had around a zero percent influence on crime rates since 2000.[7] Instead, data taken from 2007-2017 by the Brennan Center for Justice, an organization run by New York University Law School, showed how the Northeast had a substantial decrease in incarceration, leading to a 30% decline in crime rate.[8] Thus, the proof that incarceration has an inverse effect on the “public good” needs to be instilled into the decision-making process for the US’ efforts to decrease violence.

Another downfall to the US mass incarceration is how children with incarcerated parents face problems, including increased criminal activity, mental illnesses, and financial burdens. Data taken from the US Department of Justice from 2007 showed that Hispanic and Black children are 2.3 and 7.5 times more likely to have at least one parent incarcerated.[9] The 1984 Block v. Rutherford case argued against Los Angeles County Central Jail’s ability to prohibit inmates from seeing their family members, which the court ruled in favor of Block. Although this was a step in the right direction, the court agreed that inmates should only see family members if they are in captivity for more than a month.[10] Furthermore, not seeing loved ones for a month can lead to emotional trauma if the child’s only parent is incarcerated, and the child must start a new life with a different caregiver.

Another issue within the criminal justice system is the disproportionate number of exonerations. According to the Equal Justice Initiative, a legal institution provided to those wrongfully convicted, Blacks comprise 47% of total exonerations even when they only make up 13% of the US population.[11] The highly publicized 2014 Hinton v. Alabama case highlights the social injustice economic grouping, race, and prosecutorial indifference have on a person’s right to have a fair trial. Hinton’s head Attorney, Bryan Stevenson, expressed his concerns by arguing that “The refusal of state prosecutors to re-examine this case despite persuasive and reliable evidence of innocence is disappointing and troubling.” After twelve years of reform within the justice system, the case was granted another trial, and Hinton achieved freedom after 30 years of being on death row just for the assumption that a gun his mother owned was responsible for two murders.[12]

For America to walk forwards, the issue of mass incarceration needs to be considered. Several racist, homophobic, and financial factors determine the imprisonment of those facing criminal records. Even when justice system reform has been attempted in the past, it has failed because of the racist and homophobic roots ingrained in the US’ foundations. Making way for a better nation lies on the decision of what to do about the misfunctioning criminal justice system that is threatening to pull America apart.

NOTES:

1. Britannica, T. Editors of Encyclopedia. "War on Drugs." Encyclopedia Britannica, July 23, 2020. https://www.britannica.com/topic/war-on-drugs.

2. Ofer, Udi. “How the 1994 Crime Bill Fed the Mass Incarceration Crisis.” American Civil Liberties Union, June 4, 2019. https://www.aclu.org/blog/smart-justice/mass-incarceration/how-1994-crime-bill-fed-mass-incarceration-crisis.

3. Nellis, Ashley. “The Color of Justice: Racial and Ethnic Disparity in State Prisons.” The Sentencing Project, October 13, 2021. https://www.sentencingproject.org/publications/color-of-justice-racial-and-ethnic-disparity-in-state-prisons/.

4. “Criminal Justice Fact Sheet.” NAACP. Accessed January 24, 2022. https://naacp.org/resources/criminal-justice-fact-sheet.

5. “Diamond v. Ward, Et Al..” Center for Constitutional Rights, November 23, 2021. https://ccrjustice.org/home/what-we-do/our-cases/diamond-v-ward-et-al.

6. Coles, F S. “Impact of Bell V. Wolfish Upon Prisoner's Rights.” Impact of Bell v. Wolfish Upon Prisoner's Rights | Office of Justice Programs, 1987. https://www.ojp.gov/ncjrs/virtual-library/abstracts/impact-bell-v-wolfish-upon-prisoners-rights. 

7. “Study Finds Increased Incarceration Has Marginal-to-Zero Impact on Crime.” Equal Justice Initiative, August 7, 2017. https://eji.org/news/study-finds-increased-incarceration-does-not-reduce-crime/.

8. Kimble, Cameron, and Ames Grawert. “Between 2007 and 2017, 34 States Reduced Crime and Incarceration in Tandem.” Brennan Center for Justice, August 6, 2019. https://www.brennancenter.org/our-work/analysis-opinion/between-2007-and-2017-34-states-reduced-crime-and-incarceration-tandem.

9. Martin, Eric. “Hidden Consequences: The Impact of Incarceration on Dependent Children.” National Institute of Justice, March 1, 2017. https://nij.ojp.gov/topics/articles/hidden-consequences-impact-incarceration-dependent-children.

10. "Block v. Rutherford." Oyez. Accessed January 23, 2022. https://www.oyez.org/cases/1983/83-317.11.

11. “Wrongful Convictions.” Equal Justice Initiative. Accessed January 24, 2022. https://eji.org/issues/wrongful-convictions/. 

12. “Anthony Ray Hinton.” Equal Justice Initiative. Accessed January 24, 2022. https://eji.org/cases/anthony-ray-hinton/.

Bibliography:

“Anthony Ray Hinton.” Equal Justice Initiative. Accessed January 24, 2022. https://eji.org/cases/anthony-ray-hinton/. 

"Block v. Rutherford." Oyez. Accessed January 23, 2022. https://www.oyez.org/cases/1983/83-317.

Britannica, T. Editors of Encyclopedia. "War on Drugs." Encyclopedia Britannica, July 23, 2020. https://www.britannica.com/topic/war-on-drugs.

Coles, F S. “Impact of Bell V. Wolfish Upon Prisoner's Rights.” Impact of Bell v. Wolfish Upon Prisoner's Rights | Office of Justice Programs, 1987. https://www.ojp.gov/ncjrs/virtual-library/abstracts/impact-bell-v-wolfish-upon-prisoners-rights. 

“Criminal Justice Fact Sheet.” NAACP. Accessed January 24, 2022. https://naacp.org/resources/criminal-justice-fact-sheet. 

“Diamond v. Ward, Et Al..” Center for Constitutional Rights, November 23, 2021. https://ccrjustice.org/home/what-we-do/our-cases/diamond-v-ward-et-al.

Kimble, Cameron, and Ames Grawert. “Between 2007 and 2017, 34 States Reduced Crime and Incarceration in Tandem.” Brennan Center for Justice, August 6, 2019. https://www.brennancenter.org/our-work/analysis-opinion/between-2007-and-2017-34-states-reduced-crime-and-incarceration-tandem.

Martin, Eric. “Hidden Consequences: The Impact of Incarceration on Dependent Children.” National Institute of Justice, March 1, 2017. https://nij.ojp.gov/topics/articles/hidden-consequences-impact-incarceration-dependent-children. 

Nellis, Ashley. “The Color of Justice: Racial and Ethnic Disparity in State Prisons.” The Sentencing Project, October 13, 2021. https://www.sentencingproject.org/publications/color-of-justice-racial-and-ethnic-disparity-in-state-prisons/.

Ofer, Udi. “How the 1994 Crime Bill Fed the Mass Incarceration Crisis.” American Civil Liberties Union, June 4, 2019. https://www.aclu.org/blog/smart-justice/mass-incarceration/how-1994-crime-bill-fed-mass-incarceration-crisis. 

“Study Finds Increased Incarceration Has Marginal-to-Zero Impact on Crime.” Equal Justice Initiative, August 7, 2017. https://eji.org/news/study-finds-increased-incarceration-does-not-reduce-crime/. 

“Wrongful Convictions.” Equal Justice Initiative. Accessed January 24, 2022. https://eji.org/issues/wrongful-convictions/.