Prison Overcrowding - Research Paper Example

Prison Overcrowding Abstract The main purpose of this study is to unveil the different factors within criminal justice system that results in prison overcrowding. Besides, the main goal of this research work is to unearth the relationship between prison overcrowding and different elements within criminal justice system like privatization, prisons with less capacity, crime rate, incarceration, ineffective Criminal Justice System, and ineffective planning. This study examines the different elements within the criminal justice system and tries to expose the grass-root level reasons that hinder the development of prison systems in general. This research work challenges the general assumption that imprisonment can solve the social problems in the mainstream society. On the other side, unrestricted imprisonment results in prison overcrowding and related problems within prison systems in general. Prison Overcrowding Generally, prison overcrowding is not a modern phenomenon because internal insurgencies and wars result in prison overcrowding. But in the modern context, several factors (say, apart from internal insurgencies and wars) force prisons to face the problem of overcrowding. Some people consider that prison overcrowding is deeply rooted in the functioning of criminal justice system. But some others consider that prison overcrowding reflects the change in governance within the context of Criminal Justice System. Still, one can see the modern concept of prison privatization curbs the development of prison system because the government is no longer the protector of prison system in general. Thesis statement: The research on prison overcrowding proves that the factors like privatization, less capacity of prisons, increase in crime rate, increase in incarceration, ineffective Criminal Justice System, and ineffective planning result in prison overcrowding. This section is broadly divided as: privatization, capacity, crime rate, incarceration, Criminal Justice System and planning. Privatization First of all, private prisons are entirely different from government prisons because the former is based upon contract agreements with different government agencies and the latter is under the direct control of the government. This basic difference is exploited by the private prisons because profit (say, based upon the funding from the government) is the ultimate aim. In the beginning, private agencies were allowed to undertake some services related to prison system like transportation and serving food. During the era of disinvestment, private prisons became popular in US and UK. Gradually, other developed nations followed this path and private prisons began to flourish in different nations. From a different angle of view, private prisons choose inmates who are less violent and less expensive. On the other side, this refusal to accept certain prisoners affect the state owned prisons. For instance, this sort of accumulation of cheap prisoners result in the overcrowding of government owned prisons. Still, the policy makers consider that private prisons can easily handle the problems related to prison system. Perrone and Pratt (2003) state that, “To help alleviate some of this cost, policy makers have turned to private companies under the assumption that private agencies can construct and run prisons at a higher—or at least comparable—level of quality and at a cheaper cost than can the state” (p.302). So, one can easily identify that privatization of prisons is based upon profit, and this results in prison overcrowding. As the private prisons in US are under the corporations like Correctional Corporation of America, state prisons may face further problems related to prison overcrowding. Less capacity The end result of the decision of Judicial System to punish more offenders is overcrowded prisons. To be specific, old state prisons cannot handle more inmates because there is no space for new inmates. Besides, the prison system is forced to accept more inmates. For instance, the prisons in Alabama and Illinois face the problem of overcrowding. On the other side, the judicial system and the policy makers provide less importance to this problem. The prison system in Britain is not different because the same also faces the problem of overcrowding. In Britain, more prisoners are forced to share limited space and resources but prison authorities are helpless because the decision to construct new buildings is vested upon the policy makers. The Woolf Report (1991) sheds light into the pathetic condition of prison system within British context. But this report can be considered as an initiative to restructure the prison system in Britain. Still, the problem is not yet resolved because the policy makers consider that construction of new buildings may create economic burden to the whole system. As pointed out, most prisons are forced to allow single cells for more than one prisoner. Haney (2006) states that, “As recently as the late 1970s there was a widespread correctional consensus about the evils of “double-celling,” which is the practice of housing two prisoners in a single cell usually designed to hold one person” (p. 267). But this does not solve the issue and this practice is totally inhuman. From a different angle of view, the mainstream society, except the activists provide less importance to the problem of less capacity in prisons. To be specific, this problem never attracts the attention of the mainstream society because less capacity of prisons never bothers the mass. Increase in crime rate Generally, prisons help the society to decrease crime rate by imposing strict laws upon criminals. Davey (1998) states that, “It is commonly assumed that the sequence leading to prison over-crowding begins with an increase in the “crime rate”” (p.30). To be specific, prisons must act the role of a social institution that saves the society from criminality. But law abiding individuals never allow themselves to be in prisons. Still, most criminals never consider prisons as a social institution that helps them to rectify their mistakes/misdeeds. Within the context of prisons, fact is entirely different from fiction because individuals who commit minor crimes are forced to share their cells with notorious criminals. On the other side, increase in population and immigration are important factors that accelerates crime rate. The current crime rate in the US is escalating, but this does not prove that the legal system is ineffective. From a different angle of view, increase in crime rate can be considered as a yardstick to measure social change. When this fact is superimposed into the context of prison overcrowding, one can see that increase in crime rate opens the eyes of the authorities. On the other side, increase in crime rate forces the authorities to be vigilant and the same results in overcrowding of prisons. As the rate of violent crimes is increasing, there is no other solution, but imprisonment. Besides, crimes related to the possession and distribution of harmful drug is another problem that results in prison overcrowding. So, increase in crime rate exerts indirect influence upon prison overcrowding. Increase in incarceration The basic problem related to prison overcrowding is the increase in incarceration. Earlier, during 1980s, activists attracted the attention of the mainstream society towards overcrowding. This resulted in the construction of more prisons and privatization of prisons. But the effectiveness of this initiative was temporary because increase in incarceration rate made this initiative ineffective. On the other side, the legal system is becoming more effective while dealing with crimes. Still, this effectiveness results in the increase in incarceration and prison overcrowding. So, one can see that the effectiveness of the judicial system is affecting the smooth functioning of the prison system as a whole. One can see that homeless people and those who are under the influence of drugs are convicted and sent to prisons. Still, one cannot argue that this sort of conviction and incarceration is dishonest, but the same results in prison overcrowding. Walsh (2013) states that, “Increased policing activity concerning homeless and drug-dependent citizens, as well as individuals apprehended under harsher DUI and domestic violence legislation, were found to increase the number of individuals entering local jails in Clark County, Nevada” (p. 40). On the other side, illegal immigrants happen to be easy preys to the strictness of the legal system. So, judiciary must realize that the problems in the society deeply influence prisons because the mainstream society considers that imprisonment is the best available option to deal with social problems. Besides, proper planning and funding can solve the problems related to prison overcrowding. Still, the prosecutors can play an active role in dealing with the problem of prison overcrowding because their judgment deeply influences the functioning of prison system. Criminal Justice System When the Criminal Justice System hesitates to allow parole to the prisoners, there is high possibility for prison overcrowding. To be specific, paroling helps the prison authorities to deal with the problems related to the overcrowding in prisons. Freeman (1999) states that, “Where parole has not been eliminated outright, there has nevertheless been a tightening up of probation and parole criteria that has affected prison overcrowding” (p.86). But some inmates with minor crimes are allowed to make use of the benefits of parole; the Criminal Justice System floods the prisons by forcing the prison authorities to accommodate more than enough inmates. To be specific, there must be proper balancing between the judgments on imprisonment by the Criminal Justice System and the capacity of prison system. When this balancing is totally ignored, one cannot expect the proper functioning of prison system. Generally, the policy makers and prosecutors provide less importance to the problems faced by the prison authorities. To be specific, policy makers consider that policy making must be based upon public opinion on crime rate. On the other side, prosecutors consider that strict punishment for crime can reduce crime rate in the society. Falk (2010) opines that, “One principal reason for overcrowded jails is the attitude of prosecutors” (p.3). But this attitude is totally wrong because the wide gap between crime rate and prison overcrowding proves that imprisonment cannot reduce criminality, but proper treatment can. So, the Criminal Justice System must realize the fact that severe punishment cannot reduce crime rate, but it will overcrowd the prisons. When prisons face overcrowding, the prison authorities cannot control the prisoners and this may lead to further problems among authorities and inmates. So, prison overcrowding is a serious problem that limits the proper functioning of prison system. Ineffective planning The ineffectiveness of planning related to prison system is evident in the fact that prisons are used to imprison criminals with mental illnesses. This is a serious issue because the prison system cannot handle mentally ill people, but is forced to do so. The general assumption is that physical punishment is enough to solve the problems related to human mind. On the other side, lack of proper planning is curbing the development and proper functioning of state owned and private prisons. The federal and state governments can take apt decisions on shifting the inmates between overcrowded and less populated prisons. Levitt (1996) discloses that, “When only some of the prisons are deemed overcrowded, the state has flexibility in shifting prisoners between facilities and need not adjust the total number of prisoners” (p. 325). But there must be strict laws related to the process of shifting because the same can be easily manipulated and misused. One can see that imprisonment cannot transform a criminal to a law abiding citizen in future years. Instead, the authorities (say, policy makers, judiciary and prison officials) must try to find out the grass-root level problem behind prison overcrowding and resolve the same. Within this scenario, planning is utmost important because most of the prisons face overcrowding. Besides, the policy makers must provide importance to the serious problems within the prison system. Unless, the prison authorities will be forced to accommodate more inmates and the situation will become uncontrollable. Besides, the judicial system must realize that severe punishment and hard condition in the prisons cannot change the mind of an individual with criminal instinct. This sort of individuals must be allowed to undergo medical treatment, not punishment. In short, policies related to prison system must be able to meet the needs of the prison authorities, officers, and inmates. Summing, prison overcrowding is an international problem faced by most nations. Besides, privatization is a significant factor that results in overcrowding because accommodating more prisoners helps the private prisons to gain more funding and profit. One can see that old prisons are designed to accommodate limited number of inmates. When the prison authorities are forced to accommodate more inmates, prisons face overcrowding. Besides, rapid increase in crime rate and related incarceration creates several problems within prison systems. On the other side, the policy makers and judiciary consider that imprisonment is enough to lessen crime rate in the society, but the current prison system is helpless to handle overcrowding. In addition, successful execution of innovative plans can save the prison system from overcrowding. In short, co-ordination and co-operation among different agencies related to law enforcement can easily deal with the problem of overcrowding in private and government owned prisons in general. References Davey, J.D. (1998). The Politics of Prison Expansion: Winning Elections by Waging War on Crime. Westport, CT: Greenwood Publishing Group. Freeman, R.M. (1999). Correctional Organization and Management: Public Policy Challenges, Behavior, and Structure. Woburn, Ma: Elsevier. Falk, G. (2010). The American Criminal Justice System: How it Works, how it Doesn't, and how to Fix it. Santa Barbara, CA: ABC-CLIO. Haney, C. (2006). The Wages of Prison Overcrowding: Harmful Psychological Consequences and Dysfunctional Correctional Reactions. Journal of Law & Policy, 22.Retrieved from http://law.wustl.edu/Journal/22/p265Haney.pdf Levitt, S.D. (1996). The Effect of Prison Population Size on Crime Rates: Evidence from Prison Overcrowding Litigation. The Quarterly Journal of Economics, 111. Retrieved from http://pricetheory.uchicago.edu/levitt/Papers/LevittTheEffectOfPrison1996.pdf Perrone, D., & Pratt, T.C. (2003). Comparing the Quality of Confinement and Cost-Effectiveness of Public Versus Private Prisons: What We Know, Why We Do Not Know More, and Where to Go from Here. The Prison Journal, 83. Retrieved from http://tpj.sagepub.com/cgi/content/abstract/83/3/301 Walsh, J.P. (2013). The Culture of Urban Control: Jail Overcrowding in the Crime Control Era. Lanham, MA: Lexington Books. 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