U.S. prison population dwarfs that of other nations
"It used to be that Europeans came to the United States to study its prison systems. They came away impressed.
'In no country is criminal justice administered with more mildness than in the United States,' Alexis de Tocqueville, who toured American penitentiaries in 1831, wrote in 'Democracy in America.'
No more.
'Far from serving as a model for the world, contemporary America is viewed with horror," James Whitman, a specialist in comparative law at Yale, wrote last year in Social Research. 'Certainly there are no European governments sending delegations to learn from us about how to manage prisons.'
Prison sentences here have become 'vastly harsher than in any other country to which the United States would ordinarily be compared,' Michael Tonry, a leading authority on crime policy, wrote in 'The Handbook of Crime and Punishment.'
Indeed, said Vivien Stern, a research fellow at the prison studies center in London, the American incarceration rate has made the United States "a rogue state, a country that has made a decision not to follow what is a normal Western approach."
The spike in American incarceration rates is quite recent. From 1925 to 1975, the rate remained stable, around 110 people in prison per 100,000 people. It shot up with the movement to get tough on crime in the late 1970s. (These numbers exclude people held in jails, as comprehensive information on prisoners held in state and local jails was not collected until relatively recently.)
The nation's relatively high violent crime rate, partly driven by the much easier availability of guns here, helps explain the number of people in American prisons.
'The assault rate in New York and London is not that much different,' said Marc Mauer, the executive director of the Sentencing Project, a research and advocacy group. 'But if you look at the murder rate, particularly with firearms, it's much higher.'
Despite the recent decline in the murder rate in the United States, it is still about four times that of many nations in Western Europe.
But that is only a partial explanation. The United States, in fact, has relatively low rates of nonviolent crime. It has lower burglary and robbery rates than Australia, Canada and England.
People who commit nonviolent crimes in the rest of the world are less likely to receive prison time and certainly less likely to receive long sentences. The United States is, for instance, the only advanced country that incarcerates people for minor property crimes like passing bad checks, Whitman wrote.
Efforts to combat illegal drugs play a major role in explaining long prison sentences in the United States as well. In 1980, there were about 40,000 people in American jails and prisons for drug crimes. These days, there are almost 500,000.
Those figures have drawn contempt from European critics. 'The U.S. pursues the war on drugs with an ignorant fanaticism,' said Stern of King's College...
...Several specialists here and abroad pointed to a surprising explanation for the high incarceration rate in the United States: democracy.
Most state court judges and prosecutors in the United States are elected and are therefore sensitive to a public that is, according to opinion polls, generally in favor of tough crime policies. In the rest of the world, criminal justice professionals tend to be civil servants who are insulated from popular demands for tough sentencing.
Whitman, who has studied Tocqueville's work on American penitentiaries, was asked what accounted for America's booming prison population.
'Unfortunately, a lot of the answer is democracy — just what Tocqueville was talking about,' he said. 'We have a highly politicized criminal justice system.'"
The countercase is argued cogently with U.S. Justice Department statistics in this piece. It is a case that I will need to deal with in my book. As you can see, my thinking runs more along the lines of that of those who wrote this article and, specifically, with this line of reasoning.
"'Rises and falls in Canada's crime rate have closely paralleled America's for 40 years,' Tonry wrote last year. 'But its imprisonment rate has remained stable.'"
Meaning, in many cases - alcohol and drugs being ones that I am fairly convinced happen to fit - when behavior is prohibited or made illegal, it has the unintended consequence of increasing the behavior in question, as well as other more dangerous behaviors, like murder and violence around these illegal trades.
In other cases where incarceration is necessary, for purposes of containment, I think a strong case can be made in favor or incarceration, but reducing crime, long-term, is not one of those cases. Recidivist rates among violent (and non-violent) criminals should give us pause to believe that prison reduces crime (Paul Cassell makes the straight-forward and yet evidenced claim that tougher and longer prison sentences reduces crime - "[F]rom 1981 to 1996, according to Justice Department statistics, the risk of punishment rose in the United States and fell in England. The crime rates predictably moved in the opposite directions, falling in the United States and rising in England." - that needs to be considered, even as I have much reason to disagree with this conclusion). But I am fairly clear, at this point, that such sentences, at best, reduce the likelihood of recidivism only when criminals believe that they might be caught. And they are far from addressing the matters of conscience and thought which underly criminal and decent or law-abiding behavior.
The better case, I think, favors the idea that prison rates have negligible effects on criminal behavior, even when they are without doubt, to my mind, necessary, when people who are rationalizing clearly dangerous behavior need to be contained. Meaning, prison is necessary in cases where clearly dangerous behavior is being rationalized and is, thus, likely to be repeated. But, even then, it, likely, has a very negligible impact on criminal behavior, and only when people think they might be caught.
This is why Americans and people all over the world do and always have rationalized power and toughness. Because they are convinced that such behavior reduces their vulnerability to pain and hurt that result from aggressive and criminal behavior. It is true in cases of national security as well as cases of domestic law and order. It is a pernicious illusion, I believe. But it has been with us since the beginning of time.
And it is the reason why Americans are rationalizing power, right now, I believe. It is the reason that humanity has always rationalized power. And it is, without pause, it seems, the reason why humanity finds itself in all of its most serious messes and dealing with its most serious and ugly behaviors.
My job, in this book I'm working on, will be to honestly explore this question and offer up answers that move us forward.