Prison Crowding Term Paper

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prison overcrowding and its effect on the criminal justice system. Prison overcrowding has skyrocketed in the United States in the last three decades, leading to a multitude of problems in the criminal justice system. Overcrowding costs taxpayers money, it leads to dysfunction within the penal population, and it creates dangers for prison staff. It is a result of many items in society and the criminal justice system, and it must change if America's prisons are to remain effective and viable.

Many people may not be aware just how much the prison population has grown in the last thirty years. One researcher notes, "From 300,000 prisoners in 1977, the prison population has risen steadily to over 1.5 million as of June 30, 2005, a 400% increase" (Pfaff, 2008). The two largest states housing prisoners, California and Texas, have seen stupendous growth in their prison populations, but not in their funding. Another researcher notes, "Funding for prisoner services and programming did not remotely keep pace, which meant that many more prisoners had to make due on much less" (Haney, 2006, p. 1). Thus, prison growth is phenomenal, but the funds to maintain these prisons are not, and this places stresses on the criminal justice system and society as a whole.

Factors in Prison Overcrowding

Since the 1970s, Americans have become increasingly vocal about the need for prison and sentencing reforms, and many states have passed "three-strike" laws that return habitual criminals to prison for long or even life terms. This has helped raise the prison population. There are also more policing efforts to crack down on drugs, prostitution, illegal immigration, and gang-related crimes, which has resulted in more prisoners entering the system. In addition, societal factors, such as unemployment, poverty, racial profiling, and other issues have affected the inmate population. Researcher Pfaff continues, "Rising unemployment drives up prison populations and admissions" (Pfaff, 2008). Finally, political pressure helps fill prisons.

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Constituents consistently bombard both local and national legislative branches because they want tougher laws and sentencing against criminals, such as the "three-strike" laws enacted in many states. The public perceives crime, particularly violent crime, as on the upswing, and they demand action from their representatives, who are usually more than happy to mandate new laws, no matter what kind of prison system they have.

The Affect on the Criminal Justice System

Prison overcrowding has a severely negative affect on the criminal justice system. For example, if a local prison has no more room for inmates, there is nowhere for convicted criminals in local jails to go after sentencing. Most local and county jail facilities are not constructed or designed for long-term prisoners, and as these inmates clog the system, they fill up local jails, leaving no room for new arrests.

The increase in prisoners means an increase in court procedures, attorneys and district attorney cases, and the need for more judges, court personnel, and prison personnel. In tough economic times like these we are experiencing today, budgets, including prison budgets are being cut, and in extremely cases, prisons are closing, leading to even more overcrowding in the remaining prisons. The affect on the criminal justice system has been as staggering as the affect on prisoners themselves, as studies show. In California, the three-strike law has helped throw the prison system into chaos, and has led to legal requirements to reduce the prison population. The New York Times notes, "As of March 2008, there were 41,284 prisoners serving time under the three-strikes law. In 2005, the California Legislative Analyst's Office estimated that the law cost the state $500 million annually" (Moore, 2009). Add up the numbers across the country, and it is easy to see the affect these laws have on the criminal justice system.

The Affect on Inmates

A growing group of researchers.....

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