Punishments in Criminal Convictions - Thesis Example

Criminal Punishments: Career Criminals and Repeat Offenders Jennifer L. York CJUS 400-B05 John Demmitt Liberty There are many types of acceptable criminal punishments available to the courts discretion. Some options are: capital punishment, imprisonment, fines, forfeiture, and provisions for sentencing enhancement such as the “Three Strikes” law. Of the aforementioned punishments, imprisonment is the most prominently relied one. Career criminals and repeat offenders often find themselves caught in the provisions found in the “three strikes” law for enhancement of their imprisonment term. While some of these offenders commit crimes that constitute enhanced sentences, this does not apply to all. Enhancing sentencing guidelines in regards to career criminal and repeat offender actions have led to a dramatic increase in prison population. Due to the ever increasing prison population and poor programs to reduce recidivism, the American criminal justice system is suffering from severe overcrowding and financial burden, which are just a few of the issues that must be addressed. Imprisonment and the Repeat Offender The United States Congress incorporated the “Three Strikes” provision in the mid-1990’s with the Violent Crime Control and Law Enforcement Act of 1994. With regards to the “three strikes” law, “the courts reasoned that congress intended to limit the kind of prior felonies that resulted in the increased sentence to crimes that were in their nature violent or created the possibility of violence” (Gardner & Anderson, 2014, p. 220).Congress no doubt had good intentions that this would lean towards more fairness and equality in the sentencing process for the repeat offender. While this may hold true there has been little done to address the effects of such provisions, such as: prison overcrowding by those serving enhanced sentences; financial burdens; substandard living conditions; and minimal presence of rehabilitative programs to assist the offenders with addressing habitual behaviors and programs to ensure a smooth reintegration into society upon release. Career Criminals and Repeat Offenders Recidivism When the inmates of prisons finally go out into the society after serving their sentence, they make resolve not to come back. They are optimistic that what they have learned while they were inside would certainly help them to live a new life. But studies show that 40 percent of them soon land back in jail. According to Adam Gelb of the Pew centre, the philosophy of “kicking the guys out of the prison gates with nothing more than a bus ticket and the clothes on their back,” does not help them or the society (Axelrod, 2011). They are not likely to get decent jobs given their poor education and criminal record. They continue to be misfits in the society and turn to crime again. With every repetition of crime they become hardened criminals and get classified as “career criminals.” Bureau of Justice Statistics studies have found high recidivism among released prisoners. Within one year of release 56.7 percent were rearrested and 76.6 percent of released prisoners were rearrested within five years. (Durose, Cooper & Snyder, 2014). This points to ineffectiveness of correction programs. Punishments Imprisonment: The US incarcerates a considerably higher percentage of its population than any other country in the world. In 2008, 753 out of 100,000 people in the US were in jail or prison- about 240 % higher than in 1980 (Schmitt, Warner,& Gupta, June 2010). The United States has 5% of world population, but the 2.3 million Americans in jail constitute around 25% of the prison population worldwide (Austin & Irwin, 2011, p.1). The high rate of incarceration does not seem to have any significant relation with crime rate as the rates of violent crime and property crime have shown declining trends after 1992. In the name of being firm with offenders, courts have a tendency to award sentences in prison, where simpler punishments like fines and forfeitures would have been sufficient. The current criminal justice system seems to be designed to keep even mild offenders isolated from the society. It is assumed that most of the criminals are beyond any correction. This is reflected in the sentencing policies of the US government. It is globally accepted that children cannot be expected to conform to the same standards of responsibility and accountability as that of adults. They are entitled to special treatment and protection in all civilized societies. Yet in the US, children as young as 13 years old are sentenced to life without parole and are condemned to spend the rest of their lives in prison. US are one of the few industrialized nations that award such sentences. Enhanced Sentencing: The provisions for enhanced sentencing in the US laws are being used arbitrarily by the prosecutors as a threat to force defendants into pleading guilty (Fellner, 2014). The three strikes law provides for very harsh punishment for repeated offenders. Even if the third crime is as frivolous as pocketing a pair of socks unobtrusively, the clever prosecutors will prove that the person has incorrigible criminal instincts and fit to be locked up for ever. Stricter sentencing guidelines for drug related crimes enable the prosecutors to obtain harsh awards for even minor involvements. The result is that many of the persons undergoing life without parole sentences in US prisons are, by no stretch of imagination hardened criminals deserving what they are condemned to endure. American Civil Liberties Union (ALCU) has reported that thousands of lives are ruined by life sentences for petty, non violent crimes like shop lifting (Pilkington, 2013). In one typical case Mr. Timothy Jackson has been in jail for more than 16 years for shoplifting a jacket worth $159! ALCU has brought to light many similar cases, where individuals are incarcerated without parole for petty non-violent crimes. Another example of unequal justice can be seen in the sentences awarded to drug traffickers. It is the small time street vendors, mostly poor African-Americans or Hispanics who get caught, whereas the real masterminds remain at large. However, following the mandatory guidelines of Anti-Drug Abuse Act of 1986, the low level operators are sentenced to lengthy terms in jail, just because they are involved in a drug related crime. Prison Overcrowding Financial Burden for Tax Payers: The higher rates of incarceration and lengthy sentences mean that a huge share of the tax payer’s money is spent for keeping small time offenders isolated from society. In 2008, the total amount spent by the three levels of government on corrections in the US was nearly 75 billion dollars, most of it on incarceration. “A reduction by one-half in the incarceration rate for non-violent offenders (who now make up over 60 percent of the prison and jail population) would lower the overall incarceration rate to the level reached in 1993 (which was already high by historical standards). This would also lower correctional expenditures by $16.9 billion per year” (Schmitt, Warner & Gupta, 2010). At a time when the state is hard pressed for money for developmental and welfare measures, this would be a real saving. Also many of the persons locked up in prisons have the potential to become active contributors to the society. The society could profit by employing them in responsible jobs. Most practitioners feel that, even if 80 to 90 per cent of the inmates now in US prisons are released, the society will not be worse off in any way (Mays & Winfree, 2013). The real effort required is to isolate the 10 to 20% who have to stay behind the bars. The simple fact is the criminal justice system is not prepared to take the trouble of identifying this small percentage of hardened criminals and using discretion to award lighter punishments for the rest. Substandard Living Conditions for Inmates: The federal prisons have been operating above capacity since the end of 2000 (Restum, 2005). As a result, the living conditions of the inmates are far from satisfactory. The conditions continue to worsen as the costs are escalating and more people land up in prison. The prisoners are mostly from the lower strata of the society and are already suffering from poverty and poor health. They are more likely to become repeat offenders and when they go in and out of prisons, they are likely to carry communicable diseases. The prison staff and visitors are also at risk of contracting these diseases. On top of this, the prison staff and the general public tend to look upon prisoners as having surrendered their rights by virtue of being convicted. No serious attempt is made to improve their living condition inside the prisons and it is even acknowledged as part of their punishment. Even the doctors and nurses do not treat them at par with similar patients outside the prison. Rehabilitative Programs for Offenders Educational, Skill, and Trade Programs: Federal prisons national programs are aimed at providing the inmates with the necessary language, behavioral and trade skills to enable them to take up remunerative jobs and live as law abiding citizens. These include Adult Continuing Education (ACE) Classes, Bureau Literacy Program, English as a Second Language Program, Federal Prison Industries Program, Occupational Education Programs and Parenting Program. (A Directory of Bureau of Prisons’ national programs, 05/2014). But the effectiveness of these programs is in doubt considering the high rate of recidivism. One observation is that the listed programs are not available in all prisons. There is a chance that a particular program recommended for a prisoner will not be available in the prison where he is to be lodged. Another observation is that the programs are intended to just to keep the inmates occupied rather than to really impart any useful education. Psychological and Social Programs: Bureau Rehabilitation and Values Enhancement (BRAVE) Program , Challenge Program, Drug Abuse Education, Mental Health Step Down Program, Non residential Drug Abuse Program, Residential Drug Abuse Program (RDAP), Resolve Program, Sex Offender Treatment Program (Non residential), Sex Offender Treatment Program (Residential), Skills Program, Steps Toward Emotional Growth and Awareness (STAGES) Program are the psychological and social rehabilitation programs offered by federal prisons (A Directory of Bureau of Prisons’ national programs, 05/2014). In this case also, it is doubtful whether the programs are delivered with sincerity ensuring the active participation of the inmates. Reintegration Programs: The Life Connections Program (LCP) is aimed at correcting the inmate’s relationship with the victim(s) and the community (Ibid). It is envisaged that this program will help in reintegrating the offender into the society as an acceptable citizen. The effectiveness the above programs are not been visible as recidivism rate remains quite high. But the main point, however is that, given the long sentences awarded to many of the offenders, there appears to be no intention to integrate the offenders back into the community. Research and Conclusion The major reason for the high incarceration rate in the US is the policy of awarding harsh punishments even for non violent offences. The strict policy guidelines for drug related crimes are grossly misused by the prosecutors to secure unreasonably harsh sentences to the offenders. The political will to correct the aberrations is lacking. In fact politicians and law makers are largely concerned about keeping the society free from offenders at any cost and this ideology seems to have popular support. The substandard living conditions in the prison further impacts the physical and mental health of the inmates. The rehabilitation programs are grossly inadequate and the offenders are not able to find decent jobs or other lawful means of living, once they are out of the prison. So majority of them are back in prison sooner or later. With the provision for enhanced sentencing for repeat offenders in force, they are likely candidates for award of life without parole. The federal prisons will continue to overflow incurring huge costs to the exchequer. If the politicians and law makers take the pain to review the cases, they will realize that the vast majority of the prisoners can be released without any detrimental effects to the society. An objective cost-benefit analysis of incarceration vs. rehabilitation will certainly reveal the need for a rethinking on the laws for mandatory sentencing and the three strikes law. The judges should be free to study the merit of each case and award punishments which are commensurate with the gravity of the crime. They should be able to take into consideration the specific circumstances under which the crimes are committed, while awarding punishments, rather than follow uniform guidelines. Social and human rights activists should constantly strive to get laws enacted to ensure a more reasonable criminal justice system for the largest democracy in the world. Extensive research studies are also required to analyze criminal behavior from the stand point of psychology and mental health rather than as mere physical aggression. References Austin, J. and Irwin, J.9 (2011, August 10). Its About Time: Americas Imprisonment Binge. (4th ed). Wadsworth: Cengage Learning Axelrod, J. (April 13, 2011). Breaking the cycle of repeat crime offenders. CBS News. Retrieved from http://www.cbsnews.com/news/breaking-the-cycle-of-repeat-crime-offenders/ Durose, M. R., Cooper, A. D., & Snyder, H. N. (2014). Recidivism of prisoners released in 30states in 2005: Patterns from 2005 to 2010. In Bureau of Justice Statistics Special Report, April 2014, NCJ 244205. Retrieved from: http://www.nij.gov/topics/corrections/recidivism/Pages/welcome.aspx A Directory of Bureau of Prisons’ national programs. (05/2014). Federal Bureau of Prisons. Retrieved from: http://www.bop.gov/inmates/custody_and_care/docs/ BOPNationalProgramCatalog.pdf Fellner, J. (January 13, 2014).Congress should scrap drug sentencing enhancements. In Congress Blog: The Hill’s forum for lawmakers and policy professionals. Retrieved from: http://thehill.com/blogs/congress-blog/judicial/195118-congress-should-scrap-drug-sentencing-enhancements Gardner, T.J, & Anderson, T.M. (2014). Criminal Law (12thed.). Stamford, CT: Cengage Learning Mays, G.L. and Winfree, L.T. Jr. (2013, November 19). Essentials of Correction. (Google eBook). (5th ed). John Wiley & sons. Pilkington. (2013, November 13). “Over 3,000 US prisoners serving life without parole for non-violent crimes.” The Guardian. Retrieved from http:// theguardian.com/world/ 2013/nov/13/us-prisoners-sentences-life-non-violent-crimes. Restum, Z. G.(2005). Public Health Implications of Substandard Correctional Health Care. American Journal of Public Health 2005,95(10):1689-1691. doi:10.2105/AJPH.2004.055053. Schmitt, J., Warner, K.,& Gupta, S. (June 2010).The high budgetary cost of incarceration. In Center for Economic and Policy Research (CEPR). Retrieved from: http://www.cepr.net/documents/publications/incarceration-2010-06.pdf Read More