Chapter 3
Sentencing Trends and
Incarceration
Introduction
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(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
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Advantages: allows comparisons over time
and between jurisdictions
Introduction
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National average (2003) 482 per
100,000
Some states have higher than average
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Louisiana, Mississippi, Texas
Go to
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(2 of 2)
http://www.ojp.usdoj.gov/bjs/correct.htm
Federal system has almost doubled in
past decade
Prison Inmates
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Women and minorities have been
differentially affected.
Rates are different by race and sex
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White women: 38 per 100,000
Black women: 185 per 100,000
From 1995–2003
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Male inmates increased 29%
Female inmates increased by 48%
Sentencing Reforms
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Sentencing structures
Indeterminate
 Partially indeterminate
 Determinate
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presumptive
The Supreme Court and the
Sentencing Process
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Sentencing guidelines – federal &
state
U.S. v. Booker & U.S. v. Fan Fan
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Raises doubts about legality
Chronic Offender Legislation
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Three strikes law – in California and
elsewhere
Found constitutional by Supreme
Court and voters rejected changes
to it
Drug Offenders and Prison
Overcrowding
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Majority of those sentenced are drug users
who commit property crimes.
Crimes and recidivist property offenders
Drug crimes
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31% of all state prison sentences
45% of all federal sentences
Racial differences in sentencing
Drug sentencing affects women
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Greater % of women sentenced for drug crimes
Responding to Overcrowding
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22 states and federal system operating over
capacity
Overcrowding as a cause of stress?
Strategies to Fight Overcrowding
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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
Texas and California: Leaders
in Incarceration
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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
Front End Strategies to Fight
Overcrowding
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Increased use of probation;
intermediate sanctions
Drug courts
Minnesota is a leader
Problem of net-widening
Back End Strategies to Fight
Overcrowding
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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
Future Directions
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Three strikes
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Do the deter crime?
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Research shows how expensive these laws
are
Research is mixed but most show no effect
Other criticism is that use of threestrikes varies by county
Social Costs of Prison
Expansion
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“Opportunity costs”
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Money spent on prison is not spent on
education, health care, etc.
More African American men in prison
than college?
Conclusions
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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.