PRISONS

The crime scene phase of the CJ process

• Intent to commit crime: mens rea

• Doing the criminal act: actus reus

• Investigation by law enforcement officer whose goal is to establish probable cause

The Pretrial Phase

• Prosecutor tries to establish if there is sufficient evidence to proceed

• Allows suspect tries to make bail if able

• Suspect attends preliminary hearing where the judge reads the charge

• Accused offers their plea

The Trial Phase

• The prosecutor is charging the individual

• The judge is there to make sure the proceeding goes smoothy

• The judge or jury is going to determine guilt or innocence (Bench/Jury Trial)

The Sentencing Phase

• The judge examines the presentencing investigation report (PSIR) offered by the probation officer and looks at the sentencing

• The judge usually goes by the recommendation and sentences the individual to either probation or incarceration

The Sentence Served Phase

• Convict is sentenced to either incarceration or probation

• Probation is a conditional sentence that does not include incarceration

• If the sentence is incarceration, you may be eligible for parole, which is conditional release

THE INCARCERATION BINGE (1970 THROUGH 2010): PRISON POPULATION

• changed prison population from 300,000 to 2.2 million in newly constructed cells

Incarceration-Rate Calculation

• Numerator: the persons in prison

• Denominator: county population

• Express the data as per 100,000 of the population (multiply the proportion by 100,000) so that it’s interpretable

Incarceration Rate 1900 to 1970—From 1970 to 2010

• 1900-1970: 100 per 100,000

• 1970-2010: 700 per 100,000

• WHY: Politicians fueled a tough-on-crime policy, which made sentences longer and harsher. CNN broadcasted 24/7, generating money off fear.

Incarceration Rate Spike (1970-2010) In View of Crime Rate

• 1970s: crime rate rose after the war

• 1980: crime rate and incarceration rate spiked

• 1990: crime rate went down

Incarceration Rate from 2010 to 2020: THREE REASONS WHY IT DROPPED

Crime rate was going down, but incarceration went up till 2010

1) Crime rate dropped

2) Judges made more use of probation and parole boards

3) Covid forced wardens to release prisoners due to infection

What was the rate of persons under correctional control (jail, prison, probation, and parols)

• 1700 persons per 100,000

What’s the percentage of offenders not incarcerated in jails or prisons?

70%

Prison Bound: all persons born 2001—African Americans Born 2001

• 7% of people born 2001 will go to prison

• 12% of African Americans born 2001 will go to prison

% of African American Men (Age 20-30) currently under correctional control

33%

% African American Men (Age 20-30) who have been in prison

17%

What’s the sentencing disparity?

• same crime, longer sentence for African Americans than whites

Percentage of Offenders in Each Correctional Category

• Probation: 60%

• Parole: 10%

• Jails: 10%

• State Prisons: 20%