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Krista Kyker

Dr. Ralston

American Federal Government

26 July 2014

“Harsh Incarceration”

The United States of American enacted tough legislation in the 1980’s and

1990’s and created the motto “Let’s get tough on crime.” Unfortunately, the results of

these over jealous actions have led to the “mass incarceration by race and class of

hundreds of thousands of nonviolent offender” (Pitts). With prison over-crowding at an

all-time high and a rise in opiate drug addiction, the Federal Prisons have reached peak

capacity which leaves 3 to 4 inmates sharing a 9x10 cell that is not fit for more than two

men. West Virginia has become a prime example of a state that allows excessive force

and unlawful search by police on the lower class population. The “controlled” drug buys

and “prostitution” stings have led to the revolving doors of the prison cells in this area by

drug addicted individuals who receive little to no therapy to combat their disease while

behind bars. Moreover, these individuals become repeat offenders when released

without treatment, only increasing the recidivism rate of non-violent offenders in our

area. This problem has been triple by the lack of treatment facilities that are available in

the area, and an uneducated police force that does not comprehend the difference

between drug addiction and drug dealing/trafficking. The price to lock-up a non-violent

criminal for 6 months or more, costs the state and the tax payers excessive funds that

could be allotted for treatment facilities and programs to help get small time criminals off

the streets and into the workforce. Prison sentences for non-violent, victimless crimes

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need to be repealed and our states and federal governments need to utilize alternative

methods of consequences and treatment.

President Obama said “Any system that allows us to turn a blind eye to

hopelessness and despair…that’s not a justice system, that’s an injustice system”

(Fang). Both the Democratic and Republican parties are in bipartisan favor of prison

reform and in discontinuing the ban on felons not being allowed to vote. The definition of

a felony can vary from state to state depending on the officials elected to office and the

legislation in which has been passed. But I can hardly see not allowing a citizen of the

United States to vote because they were convicted of a non-violent crime sometime in

their past. Former New York City Police Commissioner Bernard Kirk said “You can

teach an inmate real estate or accounting but that Federal Conviction will keep them

from getting a license” (Berman). As background checks become a more common

practice in this nation and more and more non-violent offenders are being incarcerated,

the availability of jobs in our country are no longer the only issue. Newly released

criminals now face the obstacle of having a permanent felony on their record which

prevents employers from giving them an opportunity to turn their lives around. The

better option would be to use a community service based treatment program that would

first get addicts clean and then put them to work cleaning-up our communities and

volunteering in our homeless shelters. People need a purpose in life to help them focus

on something besides their past mistakes, and having a job, whether it is a paying job or

a community service job, will help to build self-esteem and help them ease back into the

workforce. Convicted Felon and former Republican Lobbyist Kevin Ring, reminds the

GOP that “current guidelines more often send low-level dealers and addicts to prison,

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not drug king pens” (Berman). When these individuals are released from prison, no one

will hire them due to their felony conviction, and they are thrown right back onto the

street that put them in prison in the first place.

This past week the Journal Newspaper ran a story about a 28 year old Black

Woman that was pulled over in Texas for not using her turn signal. The police officer

says that she mouthed off to him and then became combative when he placed her

under arrest for obstruction. The Texas Prison let her rot in Jail for three days and

claimed she committed suicide on the third day. How is it possible that this type of

treatment of United States Citizens is being condoned by police all over the country?

Several years ago, Wayne Jones, a middle-aged black man with schizophrenia was

gunned down on the streets of Martinsburg because the Martinsburg Police said he

stabbed at one of the officers with a knife. My question then becomes, why were police

even attempting to arrest either of these individuals and how have police departments

gotten so out of control. The United States Constitution states that “a man is innocent

until proven guilty” (Constitution). The 5th, 6th, 7th, 8th, and 14th amendments were written

in order to protect individuals from an unjust legal system and to create a fair justice

system in this country. It seems to me that this law is no longer being applied even to

the slightest law breaker.

Jim Teams a forensic counselor was recently part of a group of individuals that

began a treatment facility in Martinsburg, West Virginia for opiate addicted individuals.

Jim has worked with the state corrections system in helping to diagnose and implement

treatment to citizens that suffer from this disease. In a recent interview with Mr. Teams,

he said “That therapy alongside medicated treatment” (Teams) has had the largest

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success rate in combating repeat drug offenders. Over the last 30 years he has

watched the same individuals walk into the court room, be sentenced to prison for a few

years, then sent back out on the streets and right back into the spiral of drug addiction.

These same people will re-enter his office when arrested for another possession charge

and the whole process begins again. Jim says that the “Definition of insanity is doing

the same thing over and over and expecting different results” (Teams). That being said

our justice system could use major reforms to combat that high recidivism rate that exist

through-out our nation.

Obama spoke in Philadelphia last week and urged “Community leaders and Law

enforcement, to reform America’s Criminal Justice System so that it protects and serves

us all” (Fang). Treatment, therapy, and community service are all programs that would

help to combat the vast number of non-violent repeat offenders and to help these

people learn the job skills they need to be functioning parts of our tax paying society.

Locking people up in over crowed prisons without medication or treatment for their

mental health issues, has only created a high recidivism rate and over-crowded prison.

We need new legislation to be passed to help people in our communities instead of

prison terms to shame and punish them.

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Works Cited

Berman, Douglas A. "Convicted Republicans Plead for Mandatory Minimums Changes."

Sentencing Law and Policy an Affiliate of the Law Proffessor (2015).

Constitution, Framers of our. "American Government." Volkomer, Walter E. American

Government. Ed. Reid Hester. 14. New York: Pearsons, n.d. 54-58. 2013.

Fang, Marina. "Obama to Outline Criminal Justice Reform In NAACP Speech." Huff Post

(2015).

Pitts, Leonard. "Us Needs Justice System Worthy of Name." The Journal Newsoaoer (2015): A-

4. <www.journal-news.net>.

Teams, James. "MA, CSOTS, MAC." National Association of Forensic Counselors. Krista

Kyker. Martinsburg, 14 July 2015.