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Discussion Board: Week 3

Christopher Keenan

Helms School of Government, Liberty University

The Trend of American Hyper-Incarceration

Out of all the industrialized nations of the world, the United States has the highest incarceration rate, and of the population of prisoners, an unusually large proportion come from minority groups and the lower socioeconomic classes (Cullen & Jonson, 2017). However, as the authors note, this was always not the case. The United States was born from the Age of Enlightenment, and as such, the founding fathers were influenced by the works of classical criminologists, most notably Caesar Beccaria, whom Bessler (2016) asserts played a critical role in American law and justice. Rebuking the ways of the old world, the framers of our nation also embraced new concepts of criminal justice, which he states includes the use of inhumane gaols, corporal and capital punishment. In the 19th century, the flourishing humanitarian movements, inspired by numerous Christian faiths such as the Quakers, further increased the development of the American penitentiary into the system which is familiar to us today (Hallett & Johnson, 2014).

The use of incarceration as a standard for punishment continued on a steady course, reflecting population trends and crime rates until the 1960’s, when Cullen & Jonson (2017) reported a dramatic rise in the nation’s prison population. This alarming trend did not go unnoticed, with the authors reporting numerous studies initiated to better understand the rise in crime and the subsequent rise in prisoners. One such study, initiated in 2014 by the National Academy of Sciences, specifically sought to identify the reasons for hyperincarceration and determined that for the past 40 years, incarceration rates are not only a historically unprecedented event but specially unique to the United States. The authors of the report point out that the rise of incarceration was not necessarily due to a rise in crime rates but more importantly a change in political attitudes in how to deal with criminals (Travis et al., 2014).

Travis et al. (2014) report that the 1960’s was a tumultuous time in American history, with racial, social, and cultural changes rapidly occurring against the backdrop of the Vietnam war. While the authors do not dismiss a rise in crime, they assert that it was the fundamental change across all parts of the government which resulted in an increased use of incarceration for all crimes, especially for street level drug offenses, violent crimes and repeat offenders. They also point out that swings in the political climate lead to a get tough on crime approach which lead legislators to enact more even more laws including three strikes and you’re out rules and truth in sentencing mandates requiring prisoner to serve up to 85% of their sentences. However, the authors note, there was no discernible impact on the crime rates. This writer contends that this fact only perpetuated the need to get tougher on crime, leading to more incarcerations; however, with no statistical evidence to show a reduction in crime, the need to incarcerate was only heightened.

Impact and Benefits

Then something interesting happened towards the end of the 20th century, crime rates began a downward trend which continues to today. However, the United States still has an extremely high prison population which came at an enormous cost. Cullen & Jonson (2017) state that the public expects prisons to serve two purposes; punishment and crime prevention. The authors note that the punishment aspect of those expectations is purely retribution which, as the studies show, have no bearing on crime prevention. Their statements are supported by Travis et al. (2019) who point out that in the 40 years of hyperincarceration, “the rate of violent crime rose, then fell, rose again, then declined sharply” (p. 24). While the authors state there is undoubtedly an incapacitation effect for those who are currently incarcerated, it is difficult to ascertain if there is any true benefit for increased prison sentencing. “Mandatory prison sentences, intensified enforcement of drug laws, and long sentences contributed not only to overall high rates of incarceration, but also especially to extraordinary rates of incarceration in black and Latino communities.” (Travis et al., 2014, p. 24) The conclusion they come to is quite the opposite; that the push to get tough on crime only targeted disenfranchised populations which, due to the stigma of criminal records, is doomed for continued recidivism. While the intention was to protect society, the authors state, “For these people, the quality of citizenship—the quality of their membership in American society and their relationship to public institutions—has been impaired.” (p. 28)

Christian Viewpoint

This writer believes if incarceration is only to serve as retribution, then it serves no purpose at all. In the words of St. Thomas Aquanais, “In this life, however, penalties are not sought for their own sake, because this is not the era of retribution; rather, they are meant to be corrective by being conducive either to the reform of the sinner or the good of society, which becomes more peaceful through the punishment of sinners” (United States Conference of Catholic Bishops, 2016, para 3). The authors point out that as Christians, we should seek a model of justice which is based on responsibility, rehabilitation and restoration and provides for the human dignity of the victim and the offender. This model of justice is illustrated in the New Testament through parables taught by Jesus Christ. In the New American Bible (1970/2011) the story of the good Samaritan (Luke 10: 30-37) gives us the example we must show to all victims of crime, no matter what their social standing might be. The story of the prodigal son (Luke 15: 11-32) shows us compassion for the sinner who repents for “But now we must celebrate and rejoice, because your brother was dead and has come to life again; he was lost and has been found.”

Conclusion

Cullen & Jonson (2017) are highly critical of this nation’s incarceration policy of the past half century. Founded as a nation which rejected old world notions of punishments as vetages of despotic autocrats, the United States now holds the western world’ record for incarceration of its citizens. What started out as a well intentioned program to protect society from its perceived collapse, the end result proved little in actually preventing crime. In the end, the nation is only further burdened with a population that is part of a perpetual motion machine of incarceration, with little to no chance of becoming integrated back into the society legislators were so intent on preserving. If as a nation we are truly intent on preventing crime, the answers lay with addressing the populations which are at risk of initial offenses though educational and social reforms and seeking to reform prisons from retribution to a Christian model of restorative justice.

References

Bessler, J. D. (2016) “The Italian Enlightenment and the American Revolution: Cesare Beccaria’s Forgotten Influence on American Law,” Mitchell Hamline Law Journal of Public Policy and Practice: Vol. 37: Iss. 1, Article 1.

Cullen, F. T., and Jonson, C. L. (2017). Correctional theory: Context and consequences (2nd ed.). Thousand Oaks, CA: Sage Publications, Inc. ISBN: 9781506306520.

Hallett, M., & Johnson, B. (2014). The Resurgence of Religion in America’s Prisons. Religions, 5(3), 663–683. MDPI AG. Retrieved from http://dx.doi.org/10.3390/rel5030663

The New American Bible. (2011). Revised Edition. World Catholic Press. Catholic Book Publishing Corp. NJ. (Original work published 1970).

Travis, J., Western, B., & Redburn, S. (2014). The growth of incarceration in the United States : exploring causes and consequences . National Academies Press.

United States Conference of Catholic Bishops. (2016). Criminal and Restorative Justice and Sentencing Reform. Department of Justice, Peace and Human Development Office of Domestic Social Development. Retrieved from: https://www.usccb.org/issues-and-action/human-life…