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SJSU SOCI 158 - Sentencing Trends and Incarceration

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Slide 1Chapter 3Introduction (1 of 2)Introduction (2 of 2)Prison InmatesSentencing ReformsThe Supreme Court and the Sentencing ProcessChronic Offender LegislationDrug Offenders and Prison OvercrowdingResponding to OvercrowdingTexas and California: Leaders in IncarcerationFront End Strategies to Fight OvercrowdingBack End Strategies to Fight OvercrowdingFuture DirectionsSocial Costs of Prison ExpansionConclusionsChapter 3Sentencing Trends and IncarcerationIntroduction (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 jurisdictionsIntroduction (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 decadePrison 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 presumptiveThe Supreme Court and the Sentencing ProcessSentencing guidelines – federal & stateU.S. v. Booker & U.S. v. Fan Fan Raises doubts about legalityChronic Offender LegislationThree strikes law – in California and elsewhereFound constitutional by Supreme Court and voters rejected changes to itDrug 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 crimesResponding 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 providersTexas 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 yearFront End Strategies to Fight OvercrowdingIncreased use of probation; intermediate sanctionsDrug courtsMinnesota is a leaderProblem of net-wideningBack 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 publicFuture 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 countySocial Costs of Prison ExpansionF“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


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