Daniel Winters

Dr. Cassel

Eng 1102

30 October 2018

Staggering Statistics About the American Prison System

Day three of the trial. The second juror has joined his colleague in a nap. Jesse’s life

hangs in the balance, and none of these people in this brightly lit Montgomery County court

room seem to care. The older judge already has her mind made up. She shakes her head and rolls

her eyes as every medical expert tries to prove the defendant not guilty. As Americans, we

constantly hear “innocent until proven guilty,” but is that really the case? For three and a half

years Jesse, a kind, soft spoken man with a southern twang has sat in solitary confinement at the

Montgomery County Jail. For one reason or another, the prosecution has postponed the trial over

and over. Now it’s finally time to get this over with, and no one in the court room cares. I was

numb by the time the guilty verdict was read. Damned by a less than adequate public defender,

overly opinionated judge, and a prosecution that charmed the jury with jokes and compliments,

my friend will now spend the rest of his life behind bars. It seemed to me that in that courtroom,

“Justice is blind” took on a whole new meaning. According to a recent study 39 percent of

prisoners, almost 576,000 people, could be released tomorrow based on their non-violent crimes

(Figure 1). This would free up $20 billion a year to spend on more pressing issues like education

or hunger (Austin et al). What is the process of charging someone with a crime and who decides

what those sentences will be? How many people in the system are wrongfully convicted? What

is being done to ensure that these people are getting a fair shot at the trial they deserve? The
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world has an estimated 7.1 billion people. At 319 million as of 2014, the United States makes up

just under 5 percent of the world population. The US makes up almost 25 percent of the worlds

incarcerated population (Lee)? It is past time that the legal system is investigated. What can be

done to reduce the number of people that will serve time in prison and increase the number of

people that will get the rehabilitation and help they need?

Figure 1 A study by the Brennan Center for Justice shows the current prison population as well
as an estimation of how many prisoners should be released based on sentences too long for the
original crime, and crimes where alternative methods such as rehab are more appropriate than
prison (Austin et al).

The legal system of The United States has been under scrutiny for decades. In the 80s and

90s, a wave of mass incarceration began. This is when Americans were thrown in prison or jail

for long periods of time, while often having a non-violent charge (Nott). It stemmed from a
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public paranoia of safety and a failing “war on drugs” conducted by our government. American

citizens began being locked in a cell with lengthy sentences more than ever before (Nott). Every

American politician running for office seemed to try and outdo one another with harsher

sentences and stricter policies. At the time, the public felt safer. The offenders were being locked

away by the thousands which meant society was safer. Unfortunately, this is not always true.

In 1974 the incarceration rate was only about 102 people for every 100,000. By 2007 that

number had reached a staggering 506 people per 100,000 (Austin et al). This was in part due to

many states reacting to a rise in violent crime by establishing harsh mandatory minimum

sentences. For example, in New York in 1973, a law was passed that carried a minimum 15 year

sentence for possession of marijuana. Some states responded to the new laws by making it

impossible to ever be paroled during the time served. If sentenced to 15 years for marijuana, the

defendant was serving the full sentence (Austin et al). The US Sentencing Commission was

created by Congress in 1984. This took the power of sentencing discretion out of the hands of

judges and established new minimum sentences. Congress did away with parole and stiffened the

sentences for federal crimes including drug possession (Austin et al). During the 90s President

Clinton decided to up the ante and get behind a “three strikes” bill (Austin et al). During this

time, if convicted of a third felony, no matter what the severity, you faced the possibility of life

without parole. Studies have shown that the increase of prison sentencing has little to no effect

on the crime rate. Yet with all this information available on crime rates, the average prison

sentence has increased by 33 percent from 1993 to 2009 (Austin et al). With further investigation

of the number of incarcerated individuals, chilling trends appear.

African Americans are the most incarcerated race in the United States. They represent

about 13 percent of the US population, but 37 percent of the prison population. White Americans
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make up 77 percent of US population and 59 percent of the prison population (Barone). The

imprisonment rate for African Americans is 5.5 percent higher than white Americans (Austin et

al). According to the Justice Department, African Americans are likely to receive a 5-10 percent

longer sentence than their white counterparts convicted of a similar crime (Barone). Although

drug use is about the same among races, black people have four times greater chance of being

arrested for marijuana (Knott). For years, Black men and women have been victims of racially

motivated policing. They have an increased chance of experiencing racial biased by police and in

court. This is an issue that has been addressed more and more of late. Loretta Lynch, the former

General Attorney during the Obama administration made racism in the legal system a focus of

hers. She made all federal law enforcement and US attorney’s offices attend training on

recognizing racial bias (Barone). Currently the number of African Americans incarcerated is at a

steady decline, but it would take 100 years for the inequality to even out (Austin et al).

When looking at the prison population special attention must be paid to the crimes in

which individuals are receiving lengthy sentences. Twenty-five percent of inmates in federal and

state-run prisons are convicted of non-violent crimes. Amongst those non-violent crimes are drug

possession related charges. There are nearly 66,000 people serving sentences longer than a year

for drug possession charges. Between 1993 and 2009 the length of sentences for drug related

offenses increased by 25 percent (Austin et al). In 2016, the FBI’s Unified Crime Report showed

a 10 percent increase over 2015 in drug related arrests (Kann). A 2002 study of Kansas City

prisoners showed that when low level drug offenders that were given prison sentences instead of

probation, the likelihood that the person will commit another crime when released increases

(Austin et al). Many argue that instead of time behind bars, lower level offenders should be

offered rehabilitation programs. If this were policy, almost 200,000 current inmates could benefit
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from some form of rehabilitation or community service. At an average of $31,000 a year to

house each inmate, there is a significant amount of money that could be put towards

rehabilitation and other treatments (Austin et al). Studies show that mental illness or addiction

afflict 79 percent of prisoners, while 40 percent experience both (Austin et al).

Fifteen percent of male prisoners and 30 percent of female prisoners exhibit signs of

severe mental illness (Austin et al). This can be attributed to “deinstitutionalization” in the 60s,

when the government shifted focus from mental hospitals to outpatient care. Many people that

could have benefited from treatment at a facility were now left to deal with their illness alone.

Many of them, unable to get the treatment they needed, became homeless. As the population in

mental hospitals dropped, the mentally ill prison population grew quickly. Between 1955 and

2012, the amount of people in mental treatment facilities dropped to an all-time low, while the

number of people incarcerated with mental illness hit an all-time high of 356,268 (Austin et al).

Treatment received in a state or federal prison is often inadequate and more expensive than that

received at a treatment center (Austin et al).

The prison system itself can be damaging to a person with a mental illness. These

individuals are being exposed to adverse conditions on a regular basis. Threats of violence,

sexual misconduct, confinement, and poor living conditions are all too commonplace in prisons.

The number one cause of death since 2000 in prison is suicide (Austin et al). Those with less

severe mental illnesses who served lengthy sentences showed signs of mental change upon

release. Prisoners have the tendency to be more paranoid. They find it difficult to trust people

and difficult to integrate into normal society (Austin et al).

Mental illness isn’t the only lasting effect of lengthy prison sentences. The

“criminogenic” effect states that a person is more likely to commit crimes after being
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incarcerated. This study by criminologists shows that taking an individual, surrounding that

person with criminals, and not providing programs to rehabilitate has an adverse effect on

prisoners (Austin et al). A Florida study of 17,000 inmates showed that when prison was used

instead of probation, the repetition of drug and property crimes were much higher (Austin et al).

A 2006 study by the Washington State Institute of Public Policy showed that probation and

treatment lowered the chances of people re-offending by 12 percent (Austin et al). At an average

of $3.42 a day to keep an offender on probation, it is much more cost effective (Austin et al).

The prison system is a multi-billion-dollar industry. Our country spends $80 Billion on

the facilities alone, dwarfing the $68 Billion budget of the Department of Education (Kann). A

report by the Brennan Center for Justice finds that 39 percent, or around 576,000 people are in

prison because of harsh sentencing or outdated laws (Austin et al). Tax payers often get stuck

paying a large part of the bill. Costing over 30,000 a year to house each prisoner, a review of

nonviolent prisoner’s sentences could save the U.S. $20 billion a year (Austin et al). There are

many less expensive options available that could allow the investment of money in other areas of

concern. Probation, at less than one-twentieth the cost of prison seems to be a viable option

(Austin et al). That money could be put towards building more treatment facilities and funding

more rehabilitation and education programs. To give an idea of the scale of money that could be

saved, it could be used to hire 327,000 new teachers, send two million underprivileged teens to

college, or fund NASA (Austin et al).

Wrongful conviction is a larger problem than the public thinks. A survey shows that

Americans believe the legal system is 99 percent accurate. Based on the numbers, that 1 percent

error would mean almost 7,500 people were wrongfully convicted in 2000 (Huff). University of

Michigan law professor Samuel Gross estimates that 4.1 percent of people on death row are
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innocent (Barone). In the past 25 years, 553 people were executed, while 80 people were

released from death row based on an error in court. That is almost a 1 in 7 error rate (Huff).

Wrongful conviction is not only a problem for moral reasons, but also threatens public safety.

For every innocent person sent to prison for a crime, the real offender is still on the streets.

There are many factors that lead to wrongful convictions, mistaken identity, police and

prosecutor misconduct, ill equip council, social pressures to solve the case, and botched forensics

are a few examples (Huff). Being wrongfully convicted devastates not only to the victims, but

also their families. Studies have shown that there are lasting mental effects displayed by the

falsely imprisoned (Huff). It is often hard for prisoners to adapt to normal life after being

released. They become paranoid, find it hard to trust anyone, and have severe difficulty finding a

job. Forensic psychiatrist at the Institute of Criminology at Cambridge, Adrian Grounds, studied

11 men falsely charged with a crime. These men averaged 30 years old when sentenced and 42

years old when released. All 11 men showed signs of severe personality changes and mental

disorders when released. Eight men exhibited behaviors of post-traumatic stress disorder in

response to threats of sexual and physical violence. Three of the men had those threats carried

out (Huff). Grounds reflected on his research by saying, “Those who had been in there longest

had lost a generation of family life. Parents had died and children had grown up. Young men

who entered prison as fathers of young children were released as middle aged men with

grandchildren” (as quoted in Huff). Grounds also did research on the lasting effects losing a

parent to the prison system had on young children. His studies showed that juveniles that had a

father suddenly taken away often showed signs of psychological issues. Without the father to

contribute to the family, the children were often raised in poverty and shunned by their society
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for having a father behind bars (Huff). Although 1 percent may not seem like much of an error,

these are people’s lives that are being taken away because of carelessness and corruption.

Some would say that more policing, harsher penalties, and more incarceration are a good

thing. They believe that the more criminals off the streets, the safer society is. This idea is

refuted by some professionals. Research shows that while the average sentence has increased, the

crime rate has leveled out. However, it has more to do with social and economic factors, as well

as effective policing rather than longer sentences (Austin et al).

If the government could take a little time to revisit some laws of the past and present, it

could make a positive impact. The world is always changing and advancing, why isn’t the

process of the legal system? Politicians are starting to see the errors in mass incarceration and are

starting to change it. For the first time in years, the federal and state incarceration rate is

dropping by 1 or 2 percent each year (Kann). However, that is not fast enough. The American

people need to raise their voice and call for an end to outdated laws and lengthy sentences for

minor crimes. The government should be obligated to free the people who have fallen victims of

harsh laws or racist systems. If the $20 billion a year that would be saved by releasing minor

offenders was re-invested in youth programs and education, maybe the crime problem would be

resolved before it ever starts. As for Jesse, he will continue to sit in prison outside of Athens,

Ohio. The legal system is slow, and it can take years for his appeal to go through to the courts.

Nothing in the legal system happens quickly, it all takes time. Unfortunately for Jesse, time is

one thing that he has plenty of.

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Works Cited

Austin, James, et al. “How Many Americans Are Unnecessarily Incarcerated?” Federal

Sentencing Reporter, vol. 29, no. 2-3, 2017, pp. 140–174., doi:10.1525/fsr.2017.29.2-

3.140.

Barone, Emily. “Exonerations: Falsely Accused Freed at Highest Rates.” Time, Time,

time.com/wrongly-convicted/. Accessed 7 October 2018.

Huff, C. Ronald. “Wrongful Conviction And Public Policy: The American Society Of

Criminology 2001 Presidential Address.” Criminology, vol. 40, no. 1, 2002, pp. 1–18.,

doi:10.1111/j.1745-9125.2002.tb00947.x.

Kann, Drew. “The US Still Incarcerates More People than Any Other Country.” CNN, Cable

News Network, 10 July 2018, www.cnn.com/2018/06/28/us/mass-incarceration-five-key-

facts/index.html.

Lee, Michelle Ye Hee. “Does the United States Really Have 5 Percent of the World's Population

and One Quarter of the World's Prisoners?” The Washington Post, WP Company, 30 Apr.

2015, www.washingtonpost.com/news/fact-checker/wp/2015/04/30/does-the-united-

states-really-have-five-percent-of-worlds-population-and-one-quarter-of-the-worlds-

prisoners/?utm_term=.b404d38030e3.

Nott, Daniel. “What Is Mass Incarceration? – Daniel Nott – Medium.” Medium, Medium, 25

May 2016, medium.com/@dan_nott/what-is-mass-incarceration-ff737196580.