How Should the Overpopulation of Prisons be Addressed?

In America the overpopulation of prisons is a problem that has been ongoing for decades. The most significant reason why this issue is so important is because it affect our society in a negative way. The country’s extreme incarceration has attracted international attention, virtually all negative (Hamilton 1273). Within the U.S. criminal justice system, both violent and non-violent offenders are imprisoned. This imprisonment has contributed to the overpopulation of federal and state prisons nationwide. There are more African Americans under correctional control today in – in prison or jail, on probation or parole – rather than were enslaved in 1850, a decade before the Civil War began (Alexander 75). In order to address the overpopulation of prisons we must divert minor offenses out of the criminal justice system, improve access to justice and case management during pre-trial detention, as well as reduce sentence lengths and ensure consistent sentencing practices.

To ensure adequate justice we must vacate racial bias within the justice system, with an understanding that minor, nonviolent offenses must be processed in a different way. The most strategic plan would be to create more systems of diversion, and close down state/privately owned prisons starting with the most inhuman facilities. Diversion systems such as police warnings, restorative justice, counseling services, drug treatment, referral to mental health, and prosecutorial fines would be vital in reshaping the nation. Diversion systems prove to be more

cost effective than prisons, and these systems have reduced recidivism by at least 20 percent.

When diversion programs are properly scaled, implemented, and operated/managed, they can have remarkable impacts on recidivism (Kelly 172). Non-violent criminal offenders are less likely to commit crimes if they are diverted from the criminal justice system. Police warnings for simple possession could be implemented, requiring officers to destroy the drug(s) and issue the individual a warning. Providing that the individual is required to report to a specific program,

seven days after the warning is issued, to receive an evaluation and counseling for mental health, drug use, and or abuse.

Several minorities contributing to the overpopulation of prisons in America are not aware of certain constitutional rights, therefore, they enter into plea agreements with prosecutors relinquishing their rights. The propose trial offer system responds to one manifestation of the current systems pathological reliance on executive discretion, the problem of the innocent accused placed in positions of having no alternative but to plead guilty (Dripps 1349). The criminal justice system must employ more public/capital defenders as well as, more paralegals/legal assistants, to minimize the attorney caseload and ensure every defendant is provided adequate counsel during pre-trial detention to. According Jaffe, she found that, the ABA limits are: 150 felony cases, 400 misdemeanor cases, 200 juvenile cases, or 25 appeals per full-time attorney.

Regardless of seniority no attorney can adequately represent a defendant when an attorney has over three hundred felony cases on the docket for that week. Lawyers could wash their hands of difficult cases and too easily sell clients down the river (Chin 1340). Therefore, when every lawyer available for an indigent defendant is dealing with caseloads above the ABA maximums, the chance that any of them could provide “effective” assistance is negligible (Jaffe 1471). Allowing more funding for appointed attorneys and employing more attorneys and paralegals could lessen the opportunity of a lawyer not being able to effectively assist his or her client during pre-trial detention. Supplementing aid to make use of paralegals, allowing them to offer advice would be vital portion of reform. Restructuring criminal procedure so that cases are evaluated more regularly, and defendants are clear of their cases. In which, implementing these practices could decrease the overpopulation of prisons because more defendants will be more

comfortable standing trial.

Racial despair has been the main problem within the U.S. criminal justice system. Prisons are overcrowded, and the African American inmate population is growing every year due to drug use. During the 1980s and 1990s we experienced a dramatic increase in mandatory minimum sentences, three strikes laws, and the promise of a life free from criminal punishment which politicians promised to impose on nonviolent people. The War on Drugs has caused political leaders to target minorities at a disproportionately high level. This war has waged almost

exclusively in poor communities of color, even though studies show that people of color use and sell drugs at remarkably similar rates (Alexander 76). All in all, politicians must end the systemic racism, end the war on drugs and serve justice rather than hate, injustice and despair.

Therefore, rather than convicting an individual because they use or possess drugs the justice system should consider counseling, meditation and or rehabilitation rather than convictions. For other crimes, sentence lengths should be shortened, consistent with justice prevailing. Politicians should abolish mandatory and minimum sentences, this is not the only way to reduce crime. Mandatory minimum sentencing laws restrict judges’ discretion, in reflection of Congress’ lack of confidence that judges will impose appropriate punishment on serious criminal offenders (Underhill 159-160). Congress must understand that when imposing a criminal conviction on an individual, it does not only affect the said defendant, it also affects the defendant’s family including the defendant’s children, and community. Felony conviction carries a lifetime of “punishment,” regardless how long a defendant spends in custody (Underhill 168).

Concluding, the Unites States has been plagued by a problem of overpopulation for many years. State and federal prisons are often overcrowded, resulting in prisoners suffering from physical and mental health problems, making it difficult for them to maintain in society. The number of people incarcerated is increasing at a rate that exceeds the rate of other countries. This increase in the number of people incarcerated is due to a variety of factors ranging from the lack of resources to the fact that a large number of people are being released into society without any hope for a better life. All in all, in order to address the overpopulation of prisons we must divert minor offenses out of the criminal justice system, improve access to justice and case management during pre-trial detention, as well as reduce sentence lengths and ensure consistent

sentencing practices.