Chapter 3

Sentencing Trends and Incarceration

Introduction (1 of 2)

There are about 2 million incarcerated in prisons and jails

Rate of growth slowing down Incarceration rate displays by per

100,000 Advantages: allows comparisons over

time and between jurisdictions

Introduction (2 of 2)

National average (2003) 482 per 100,000

Some states have higher than average Louisiana, Mississippi, Texas

Go to http://www.ojp.usdoj.gov/bjs/correct.htm

Federal system has almost doubled in past decade

Prison Inmates Women and minorities have been

differentially affected. Rates are different by race and sex

White women: 38 per 100,000 Black women: 185 per 100,000

From 1995–2003 Male inmates increased 29% Female inmates increased by 48%

Sentencing Reforms

Sentencing structures Indeterminate Partially indeterminate Determinate

presumptive

The Supreme Court and the Sentencing Process

Sentencing guidelines – federal & state

U.S. v. Booker & U.S. v. Fan Fan Raises doubts about legality

Chronic Offender Legislation

Three strikes law – in California and elsewhere

Found constitutional by Supreme Court and voters rejected changes to it

Drug Offenders and Prison Overcrowding Majority of those sentenced are drug

users who commit property crimes. Crimes and recidivist property offenders Drug crimes

31% of all state prison sentences 45% of all federal sentences

Racial differences in sentencing Drug sentencing affects women

Greater % of women sentenced for drug crimes

Responding to Overcrowding 22 states and federal system operating

over capacity Overcrowding as a cause of stress? Strategies to Fight Overcrowding

Construction, increasing existing facilities, double bunking, increased use of local jails, community based correctional services

Courts may require states to reduce capacity 2001 – prison expenditures was $29.5 billion Contracting with private providers

Texas and California: Leaders in Incarceration

Texas – 166,911 California – 164,487 25% of all U.S. prisoners in these 2

states Prisons cost each resident of the

U.S. $104 per year

Front End Strategies to Fight Overcrowding

Increased use of probation; intermediate sanctions

Drug courts Minnesota is a leader Problem of net-widening

Back End Strategies to Fight Overcrowding

Early release; parole Texas and California combined

have about 1 million on parole and probation

NCCD’s research shows early release does not endanger the public

Future Directions

Three strikes Research shows how expensive these

laws are Do the deter crime?

Research is mixed but most show no effect

Other criticism is that use of three-strikes varies by county

Social Costs of Prison Expansion

 “Opportunity costs” Money spent on prison is not spent on

education, health care, etc. More African American men in

prison than college?

Conclusions

Research doesn’t show connection between three strikes and greater reduction of crime.

Public opinion polls show Americans may be softening in their desire for long prison sentences.