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Chapter 3

Chapter 3. Sentencing Trends and Incarceration. Introduction (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 jurisdictions.

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Chapter 3

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  1. Chapter 3 Sentencing Trends and Incarceration

  2. Introduction (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 jurisdictions

  3. Introduction(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 decade

  4. Prison 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%

  5. Sentencing Reforms • Sentencing structures • Indeterminate • Partially indeterminate • Determinate • presumptive

  6. The Supreme Court and the Sentencing Process • Sentencing guidelines – federal & state • U.S. v. Booker & U.S. v. Fan Fan • Raises doubts about legality

  7. Chronic Offender Legislation • Three strikes law – in California and elsewhere • Found constitutional by Supreme Court and voters rejected changes to it

  8. Drug 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 crimes

  9. Responding 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 providers

  10. Texas 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 year

  11. Front End Strategies to Fight Overcrowding • Increased use of probation; intermediate sanctions • Drug courts • Minnesota is a leader • Problem of net-widening

  12. Back 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 public

  13. Future 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 county

  14. Social Costs of Prison Expansion •  “Opportunity costs” • Money spent on prison is not spent on education, health care, etc. • More African American men in prison than college?

  15. 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 sentences.

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