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 jailsRate of growth slowing downIncarceration rate displays by per 100,000 Advantages: allows comparisons over time and between jurisdictionsIntroduction (2 of 2)National average (2003) 482 per 100,000Some states have higher than averageLouisiana, Mississippi, TexasGo tohttp://www.ojp.usdoj.gov/bjs/correct.htmFederal system has almost doubled in past decadePrison InmatesWomen and minorities have been differentially affected. Rates are different by race and sex White women: 38 per 100,000 Black women: 185 per 100,000From 1995–2003 Male inmates increased 29% Female inmates increased by 48%Sentencing ReformsSentencing structures Indeterminate Partially indeterminate Determinate presumptiveThe Supreme Court and the Sentencing ProcessSentencing guidelines – federal & stateU.S. v. Booker & U.S. v. Fan Fan Raises doubts about legalityChronic Offender LegislationThree strikes law – in California and elsewhereFound constitutional by Supreme Court and voters rejected changes to itDrug Offenders and Prison OvercrowdingMajority of those sentenced are drug users who commit property crimes.Crimes and recidivist property offendersDrug crimes 31% of all state prison sentences45% of all federal sentencesRacial differences in sentencing Drug sentencing affects women Greater % of women sentenced for drug crimesResponding to Overcrowding22 states and federal system operating over capacityOvercrowding as a cause of stress?Strategies to Fight OvercrowdingConstruction, increasing existing facilities, double bunking, increased use of local jails, community based correctional servicesCourts may require states to reduce capacity2001 – prison expenditures was $29.5 billionContracting with private providersTexas and California: Leaders in IncarcerationTexas – 166,911 California – 164,487 25% of all U.S. prisoners in these 2 statesPrisons cost each resident of the U.S. $104 per yearFront End Strategies to Fight OvercrowdingIncreased use of probation; intermediate sanctionsDrug courtsMinnesota is a leaderProblem of net-wideningBack End Strategies to Fight OvercrowdingEarly release; paroleTexas and California combined have about 1 million on parole and probationNCCD’s research shows early release does not endanger the publicFuture DirectionsThree strikes Research shows how expensive these laws areDo the deter crime? Research is mixed but most show no effectOther criticism is that use of three-strikes varies by countySocial Costs of Prison ExpansionF“Opportunity costs” Money spent on prison is not spent on education, health care, etc.More African American men in prison than college?ConclusionsResearch 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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