Assignment 1: LASA 2: Communicating with Stakeholders and Other Constituents

Information Needs of Various Components of the Criminal Justice System

Introduction

Prison overcrowding has become one of the most difficult social phenomena that the criminal justice system is dealing with since time immemorial. Prison overcrowding has developed slowly and very steadily to become a social menace as the conditions in these prisons are both unhealthy and dangerous to both the inmates and the community at large. The factors leading to prison overcrowding are influenced by law enforcement, courts, juvenile system, homeland security and also the correctional facilities.

These systems work in tandem to set the conditions necessary for overcrowding to take place as they form the whole justice system. The overpopulation of prisoners has led to inhumane living conditions within the facilities. Congestion is a consequence of long-standing policies from the various components of the justice systems that have not acclimatized to multiple changes. These changes include changes in social norms and human rights awareness and activism that have become an essential part of determining what is wrong and what is right in the treatment of humans.

Overcrowding has spawned a variety of issues that include and are not limited to prisoner mistreatment and rights violations, health risks and physical and mental harm inmates under the watch of responsible authorities. The taxpayer feels the effect as the number of prisoners determines the needs of the prison facility. An increasing number of prisoners than the prison capacity demand more amenities, and hence the taxpayer pays for the increase.

Causes of Prison Overcrowding

Policies and laws introduced in the court have been met with much resistance. These laws would address and amend overcrowding and prisons sentences and verdicts respectively in such a way that just policies are enacted to reduce the prison population. Resistance to the systems stems from the fact that the public is demanding harsher punishments and longer sentences for wrongdoers (Golaszewske, 2011). They require that to feel more secure and have the delusion that this would resolve the issues of rising crime rates. Furthermore to enact favorable policies that will see prison population reduced, will need more funding and this leaves the state with a daunting decision of deciding where to allocate limited resources best. These funds would be aimed at dealing with recidivism rates. The projects are usually aimed at inmates from the earliest stages of incarceration which is within the juvenile systems. Coping with recidivism rates is a way of curbing the growing inmate population.

Various projects to rehabilitate prisoners need funding and as such are seen to be low in priority for most states. This being that the public has the notion that prisoners should be locked for longer and be kept away from society hence ensure crime rate goes down. However, research has proved otherwise. The Bureau of Justice Statistics, (2014), demonstrates that if sentences are made shorter and more fitting to the crimes committed, the population in prisons will reduce tenfold. The increase in federal crimes and harsher punishments in the penal code has seen to a rise in prison population. Drug offenders and repeat small-time offenders have to spend time behind bars. Addressing the situation is possible.

For the longest time, homeland security, along with immigration authorities have used private prison facilities to hold immigrants. Nearly 62% of the overall 400,000 arrested by the US Immigration and Customs Enforcement are held in private prisons which according to New York Times, have “hellish” conditions. Homeland Security is therefore responsible for any changes that can reduce the overcrowding witnessed in these private prisons which are negatively impacting both the taxpayer and the inmates held there. Technical violators of parole are also held in jail for small violations such as being late. The elderly are still in prison even when they do not pose a danger to the society. Low-risk prisoners are also in prison and hence the overcrowding.

In summary, the causes for overcrowding are high rates of recidivism, repeat offenders who have a three-strike policy, slow court systems, more federal crimes added to the penal code and harsher sentences for certain offenses. Parole violators, those awaiting hearing, and elderly prisoners also contribute to the growing population in prisons.

Recommendations

According to the National Criminal Justice Reference Service, (2000), prison overcrowding is caused by a slow court system and hence to alleviate this, a system should be put in place to reduce the number of inmates remaining in custody un-sentenced, in remand and awaiting judgment. Use of volunteer legal teams to organize bail hearings hence decreasing time spent awaiting trial. Policies should also be reformed to reduce the length of jail sentences. Elderly prisoners should also be released into the community instead of spending their whole life behind bars, (Pitts, Griffins & Johnson, 2014).

The use of other means of punishment for small-time offenders, drug users and immigrants should help reduce the populations in the prisons by a huge margin. Prisoners that have a lower level of harm to the community should be integrated back into the community and serve their sentence outside prison. Drug users should alternatively be sent to rehabilitation facilities and mental prisoners should be in psychiatric facilities. Community service and probation should be common alternatives to imprisonment, (Horne & Newman, 2015)

The parole system could also be a source of a solution. Prisoners who do not pose a threat to the community should be granted parole under supervision, (Albrecht, 2012). The boards should also summon parole violators outside the prison and solve it outside the prison. The juvenile system, on the other hand, could amend policies that move juveniles to prison after they have become of age. The juvenile delinquents should get a second chance before being moved to adult prisons.

References

Albrecht, H. J. (2012). Prison overcrowding-finding effective solutions: strategies and best practices against overcrowding in correctional facilities. Max-Planck-Institut für Ausländisches und Internationales Strafrecht.

Horne, C., & Newman, W. J. (2015). Updates since Brown v. Plata: alternative solutions for prison overcrowding in California. The journal of the American Academy of Psychiatry and the Law, 43(1), 87-92.

National Criminal Justice Reference Service. (2000, January 1). A Second Look at Alleviating Jail Crowding: A Systems Perspective. Retrieved December 19, 2014, from https://www.ncjrs.gov/pdffiles1/bja/182507.pdf

Pitts, J. M., Griffin III, O. H., & Johnson, W. W. (2014). Contemporary prison overcrowding: short-term fixes to a perpetual problem. Contemporary Justice Review, 17(1), 124-139.

www.lao.ca.gov/reports/2011/crim/overcrowding_080511.aspx