Crime Control in American Criminal Justice Policy
Overview of Crime Control in American Criminal Justice Policy
American Penchant for Punishment and Control
The U.S. criminal justice policy emphasizes punishment and control.
Trends Influencing Criminal Justice Policy
Multiple trends over the last fifty years have shaped the current landscape:
Changes in perceptions about crime and punishment
Changes in funding for criminal justice initiatives
Changes in policy frameworks
Changes in laws and regulations
Key Trends
Increased Incarceration:
Incarceration and correctional control have expanded significantly.
Changes in sentencing laws have contributed to harsher penalties.
Expansion of criminal law, particularly laws related to the war on drugs.
Racial and ethnic factors have influenced crime and punishment policies.
Crime has become politicized, impacting legislation.
Key Metrics of Incarceration
Prison Population Growth:
From 1980 to 2021, state and federal prison populations rose by 390%.
Specifically, federal prison population grew by 580%.
Global Context:
The U.S. holds 5% of the global population but 25% of the world’s incarcerated individuals.
Correctional Control Growth:
The total population under correctional control (including probation and parole) increased by 355% during the same period.
Over 1 million additional individuals under pre-trial status and other forms of supervision not officially counted.
Historical Context
Chaos in the 1960s
High crime rates in the late 1960s led to public disorder:
88% rise in violent crime from 1960 to 1968.
Social unrest included race riots and campus protests, creating a widespread perception of disorder.
Civil Rights Movement
Legislative milestones such as the 1964 Civil Rights Act and 1965 Voting Rights Act brought tensions regarding political stability and race relations.
Judicial Liberalism
Supreme Court Decisions during the Warren Court (e.g., Mapp, Gideon, Miranda) incorporated the Bill of Rights, affecting state justice procedures.
Nixon's Stance on Crime
In his 1968 campaign, Nixon capitalized on public fear:
Criticized inadequate arrest rates and Supreme Court decisions seen as protecting criminals over victims.
Political Evolution of Crime and Punishment
Southern Strategy:
Politics of crime intertwined with race.
Subsequent Political Leaders:
Reagan: Initiated various crime control measures appealing to voters’ sentiments.
Bush 41: Influenced public perception with campaigns like the Willie Horton ad.
Clinton: Enacted the 1994 Crime Bill, introducing tougher policing and mandatory sentencing.
Bush 43: Post-9/11, crime policies shifted further.
Structural Changes in Crime Control
Expansion of the Criminal Code
Current legal framework includes:
4,500 federal criminal laws and 300,000 regulations with penalties.
State-level increases in crime definitions (e.g., Pennsylvania increased by 135% from 2010-2019).
In several states, an average of 42 new offenses were established annually, predominantly felonies.
Increasing Capacity of Correctional Facilities
Major increases in prison capacity over the past 40 years (430% increase).
Local jails have dramatically expanded; approximately 12 million bookings annually.
Probation and Parole Trends:
Probation (400% increase) and Parole (475% increase) caseloads have drastically risen, exceeding appropriate limits.
Sentencing Changes
Shift from indeterminate to determinate sentencing:
More mandatory sentences, leading to harsher penalties for offenders.
16 have determinate
34 have indeterminate but many mandatory mixed in
Plea Bargaining:
Efficient, quick process contributing to crime control strategies.
quick and cost effective
effective method of moving people
allowed elected officials to not have to expand the court system which saved a lot of money
significant facilitator of crime
The War on Drugs
Significant increase in incarceration of drug offenders (1,000% from 1980 to 2018) 2023 445,000.
Over 50% of federal and 20-25% of state prison populations are drug offenders, primarily for possession.
Economic dynamics of drug trafficking illustrate stark profit margins that fuel the industry and law enforcement responses.
vast majority in state prisons and jails are for possession and the majority of those are for marijuana
absence of evidence based substance abuse treatment
lack of capacity in general
the treatment industry is divorced from medical community
significant lack of CJS SUD treatment capacity
another significant facilitator of crime control
Treatment and Mental Health Issues
Lack of effective evidence-based substance abuse treatments.
Disconnect between treatment industry and medical community.
Dismantling of public mental health facilities contributing to crime control focus.
Treatment facilities inadequately staffed, limiting effective care.
Economic Motivations
Private Corrections and Bonding Companies:
Economic incentives driving local interests in maintaining high incarceration rates.
private corrections
comercial bond companies
local economic considerations for prisons and jails
labor force considerations- nearly 4 million work in CJS and related occupations
Employment considerations in the criminal justice sector involve nearly 4 million workers.
Conclusion
Summary of Influences on Criminal Justice Policy Changes:
Numerous factors have led to the current state of criminal justice, with fear (of crime, disorder, race) as a key motivator.
many factors motivated this massive chnage in criminak jutice policy
fear is a common denominator
Political agendas have substantially influenced policy decisions.
The interplay of increased corrections capacity, laws, sentencing changes, expedited processing, the war on drugs, and institutional failures shapes contemporary crime control policies.
the building blocks included
increased capacity expansion of criminal laws, changed to sentencing laws, expecting case processing, the war on drugs and variety of stunning institutional failures