...Unfair Incarceration: Minorities’ Plight in the U.S. Judicial System DeVry University Cultural Diversity in the Professions SOCS 350N Spring 2013 Abstract The United States is well known as the Land of Opportunity, but if you’re a minority that opportunity maybe a greater chance of being incarcerated in the state and federal penal systems. Civil rights battles have raged for the greater part of the last century in this country. With milestone victories in the early and mid 1960’s equality under the law seemed to be a foregone conclusion. There are numerous laws, policies and even a Constitutional Amendment that address the matter that race should never be a factor. With this is all in play and in mind, you would think that statistics of the U.S. penal systems racial analysis has to be completed with a huge margin in error because it is not near equality. In a cursory search of this topic one can find a deluge of graphs, tables, and statistical analysis. The one thing you cannot find is a quantitative or qualitative consensus of why this has occurred or why it is still occurring. A preponderance of the evidence is anecdotal and offers suggestions of policies and attitudes that have led to this epidemic in contemporary American society. In this review, an endeavor to gather the gist of the issue and attempt to answer why or how this came about and the numerical extent. Followed by the consequences to the affected groups and the whole of society. Finally...
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...population in Texas and every other state. As of June 30, 2009 there are 2,297,500 people including women incarcerated in the United States of America (Sabol, 2009). The US is 5 percent of the world's population and shockingly has 25 percent of the world's prisoners. Over the last 30 years, the US criminal justice system experienced the second largest increase in government investment, health care being the first. Last year, as state budget shortfalls emerged, 31 states cut education budgets while increasing money for incarceration (Rooks, 2010). This causes problems for states including Texas at the local, state, and federal. Drugs are an issue in every country in the world, but here in the United States we make it a primary issue, which is why we have so many people incarcerated. Drug offenses, account for two-thirds of the federal inmate population. This is virtually affecting the poor and minorities in our society. Because of this, money for incarceration increases and cuts down education budgets, thus also affecting our students who will be the future of our country. Policy makers in Washington D.C. must address these issues if they want the future of America to be respectable, as it has always been. This problem has been brought into the public’s eye because of the monetary problems the United States has been facing in recent years. Many people around the states including teachers are losing jobs, wages are being cut, and the living expense is not getting any cheaper...
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...The Injustice of Being Impoverished The US Office of Management and Budget lists the weighted average poverty threshold for a family of four as $21,203, for a family of 3 at $16,530, 2 at $13,540, and 1 at $10,590. Shamefully, there are many American families who must survive on much less. Should this mean that these families are the number one suspects each time there is a crime committed in or around their communities? The connection between poverty and crime has been a controversial object of debate for years and continues to be today. There have been arguments by scholars for both sides of the spectrum. Some feel that those who fall victim of continuous hard times with little hope for help or change would eventually turn to a life of crime to obtain their necessities for survival. My own feelings are that although many were born and raised in poverty, they were reared with integrity and morals and may choose to live their lives as law-abiding citizens. Whatever essentials they can afford they would come by honestly and whatever they cannot afford, they accept living without. But what happens when victims of poverty become suspects of crimes and need court representation? According to the Sixth Amendment of the United States Constitution, the accused is guaranteed the right to a lawyer at all important stages of the criminal process. America has an adversary system of justice. A trial is a contest between the prosecutor, who represents the state, and the defense attorney...
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...Ohio State University law professor and civil rights activist Michelle Alexander, author of "The New Jim Crow: Mass Incarceration in the Age of Colorblindness," reports there are more African American men in prison and jail, or on probation and parole, than were slaves before the start of the Civil War. Statistics reported in 2006, by the U.S .Department of Justice, Bureau of Statistics support this claim, which show that Blacks made up 41 percent of the nation’s 2 million prison and jail inmates, while Non-Hispanic whites made up 37 percent and Hispanics made up 19 percent. The disproportionate ratio of blacks to whites who are incarcerated is especially great in Iowa, Vermont, New Jersey, Connecticut, Wisconsin, North Dakota, and South Dakota – greater than 10-to-1 (USJB, 2006). Why this structural inequality towards African Americans is happening, why it matters, and suggestions to rectify this, are issues that are discussed in this paper. Why is this happening? Since 1970, the U.S. has experienced a large and rapid increase in the rate at which people, regardless of race, are housed in federal and state correctional facilities (Snyder, 2011). This rapid growth in the prison population has been attributed in a large part to the rate at which individuals are incarcerated for drug offenses, especially minorities (Snyder, 2011). Between1995 and 2003, the number of people in state and federal prisons incarcerated for drug offenses increased by 21 percent, from 280,182 to 337...
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...lights are flashing red and blue, the cries ring out, and women are ripped from their homes at alarming rates, leaving children motherless. The statistics are staggering; the Institute on Women & Criminal Justice reports that the past three decades has seen an explosion in female incarceration rates, growing 832% from 1977 to 2007 with an astounding 4% of women in state prisons and 3% of women in federal prisons pregnant at the time of admittance (Women’s Prison Association 4). Lives are at stake. Every court decision, every judgment cast, effects more than just the individual involved. The future is dependent on how society treats the present. In order to combat the crisis, it is vital to understand its origins and its impact; from this understanding, alternatives that consider the health and well being of all involved can be formulated and delivered. The United States has less than 5% of the world’s population, but boasts the overwhelming figure of almost a quarter of the world’s prisoners (Liptak 1). With nearly 2.3 million bars, one in 100 American adults is locked up. “Criminologists and legal experts here and abroad point to a tangle of factors to explain America's extraordinary incarceration rate: higher levels of violent crime, harsher sentencing laws, a legacy of racial turmoil, a special fervor in combating illegal drugs, the American temperament, and the lack of a social safety net” (Liptak 1). Another crucial point is that U.S. sentences are longer and more harsh...
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...Isis Lee English 101 Livingston 3/4/13 Juvenile Reentry System "I believe that if you show people the problems and you show them the solutions they will be moved to act", Bill Gates. Recidivism is defined by Merriam-Webster dictionary as the tendency to relapse into a previous condition or mode of behavior. It is a term that is predominantly used when referring to criminal behavior. According to a study done by the Connecticut Department of Corrections in 2012, Out of 14,398 male inmates released from prison in 2005, 79% were re-arrested. These numbers begin to describe the continuing issue that the United States faces in regards to repeat offenders. In the article "Stopping The Madness: A New Reentry System For Juvenile Corrections." Author's Scott Sells, Irene Sullivan and Donald DeVore focus on some of the reasons that contribute to youth recidivism and programs that can help minimize this issue. Without first determining the causes of the issue we can not begin to address resolutions. This article focuses on an interview as well as studies and evidence based theories tto combat this issue that we are faced with. The artilce discusses issues that contribute to failing reentry programs which ultimately result in high recidivism in young offenders. Although they provide a strong logical argument, and sufficient evidence the authors do not go into detail the effects of implementing such facilities will have...
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...As I drove to Mission Creek I had no idea what to expect. The closest I have been to a prison is driving down Route 53 in my home town and seeing Statesville maximum security prison for men. I have never been past the barbed wire; I have only seen the stark grey cement walls from afar. However, regardless of never knowing a single one, my opinions and beliefs of the people who live inside are abundant. However, by deciding to visit Mission Creek I decided to face my stereotypes head on, and see where they stood after I got a look for myself. My “observations” of the incarcerated began when I was about eight years old and was granted permission to use the TV remote. For some reason prison shows always interested me, of course not factual ones, just dramas. My personal favorite being Shawshank Redemption. Granted, from time to time I have watched “real” stories on the incarcerated, such as “Pregnant in Prison”, “Women Behind Bars” and various shows about serial killers in prison. I especially took the latter shows to heart, and these were “reality” so I believed this is how prison was. Stark grey walls, people in some color, most often orange, jumpsuits, walking around hand cuffed, steel bars everywhere. Prisoners sit in their cells all day every day, doing nothing but check books out of libraries so they can cut the pages out to smuggle contraband. While they are not doing this they are beating each other up, giving one another tattoos and trying to escape. I carried these ideas...
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...Site Visit to the Travis County Adult Probation SMART Program Tony Lee Merriwether HSCS/311 June 23, 2014 Sheri Meyer Site Visit to the Travis County Adult Probation SMART Program This paper is an overview of adult probation program designed to provide an alternative to incarceration. The Texas Criminal Justice Program designed the program as a diversionary mechanism to provide comprehensive treatment to offenders that require treatment for substance abuse and chemical dependency. The offenders must meet certain criteria to gain entrance into the program. The program is resident in nature to assist the offenders with re-socialization process. The counseling and intervention sessions are conducted by Licensed Chemical Dependency Counselors, (LCDC) which use cognitive behavioral therapies as a treatment tool. The SMART program is very structured in regard to the structure, its mission, and goals. There are strict eligibility requirements that offenders must meet to attend the 20-week program. The program is not gender specific and is available for male and female offenders. There are three levels of treatment provided at the treatment facility. Therapy is provided in the form of individual and group sessions. The writer visited the site while accompanied by LCDC Ms. Vicki Clark Merriwether; Ms. Merriwether gained her experience working with active duty Soldiers as an Alcohol and Drug counselor at several military locations in the United States and Europe. Ms. Merriwether...
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...Paternal incarceration creates a temporary single-parenting system, in which the mother acts as sole guardian, but imprisonment tends to produce far worse effects on children than do other causes of parent-child separation (Lowenstein, 1986). Separation due to death or similar causes disrupt the family, yet these happen to provide a “focal concern around which the remaining members can rally and mitigate the impact of their loss”; quite to the contrary, separation due to imprisonment rarely elicits any such response because of the stigma with which it is associated (Fritsch & Burkhead, 1981, p. 84). Typically, a child faced with the social stigma of paternal incarceration will often also encounter embarrassment and shame, which may in turn further inhibit the ability of the child to adequately adjust to the anxieties resulting from the separation through incarceration (Hannon et al., 1984; Lowenstein, 1986). The deleterious effects on child behavior, of course, are that prolonged periods of shame and embarrassment may promote depression or behavior typical of withdrawal, such as an unwillingness to engage in social interactions. Unlike other causes for paternal separation, paternal absence due to imprisonment is a multi-dimensional phenomenon, which takes on different meaning depending on the manner in which the particular cause for the incarceration is perceived—either as being “normatively approved” or as “bearing a stigma” (Lowenstein, 1984). While there is a correlation...
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...and probation is juvenile diversion seeks to avoid the burdensome consequences of formal processing (Clear, Cole, & Reisig, 2013, pg. 447). Probation is when the offender is convicted of an offense, but rather than being incarcerated, the offender is released and subject to supervision. Diversion can be in two forms which is stopping the process of the case or through specific programs. Diversion programs are private and confidential meetings that are not conducted in public. A diversion program allows the offender to go through treatment and other conditions to avoid conviction while still holding the offender accountable for their actions. Diversion programs are usually for first-time offenders who do not need to be rehabilitated by incarceration or strict supervision and can be expunged after completion. Probation is being monitored and reporting/checking-in. Probation is usually for offenders who need to be rehabilitated by strict supervision but do not need to be incarcerated. Probation includes additional programming with conviction ordered by a judge that includes halfway house programs and other transitional programs. In other words, diversion programs avoid imprisonment and conviction while probation is the punishment for a conviction of an offense and can be imprisoned if the offender violates the terms of their probation. A diversion program in Texas is the Youth Offender Diversion Alternative or YODA. The YODA is a new program for juvenile offenders that is aimed at...
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...Community Corrections or Incarceration Are community corrections a better solution than incarceration? Michelle Brooks ITT Technical Institute Community Corrections or Incarceration Abstract In this research paper will read about different subjects and topics that pertain to incarceration and community corrections. The incarceration rate is going up in the United States while at the same time community corrections is slowly fading away because of limited support from the local communities and government officials within each state. In this research I hope to find out those community corrections has more to offer than incarceration. In conclusion incarceration is not the right way but community corrections will be. Community Corrections or Incarceration Table of Contents Abstract Introduction Background on Community Corrections Background on Incarceration Effectives of Community Corrections Effectives of Incarceration Programs dealing with Community Corrections Programs while Incarcerated Theory Interview with Mr. Sharron Wilson Result Reference Page Community Corrections or Incarceration Introduction Community Corrections is a better solution than incarceration because it offers many different alternative programs for several different types of offenders. Incarceration also offers similar programs...
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...state jurisdiction. There was an increase of 509 from 506 sentenced prisoners per 100,000 United States residents from yearend 2007. This was an overall increase of 0.8% from the previous yearend. This was however less than the average increase of 2.4% annually for the years 2000 to 2007. (1) These numbers show the growth of the United States inmate population which leads to problems with overcrowding. Within the next year the Federal Bureau of Prisons will open three federal correctional institutions which can hold an approximate 10,500 federal inmates at maximum capacity. (2) According to a national study in 2003 showed that seven out of ten male prisoners that were released will return to prison. (Viser) The question of how does incarceration effect recidivism seems to be obvious. It doesn’t have an impact on those who serve there sentences in prisons or jails. However there are factors that could influence those who serve time and thereby have an impact on recidivism. The dependant variable of the...
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...Silent Battle: The Effects of Parental Incarceration on Children and Families By: Jessica Stamper The loss of a parent has an overwhelming impact on a child. When a parent dies or there is a divorce, there are endless opportunities to discuss the loss, but what happens when the absence is due to incarceration? Incarceration is not met with the same understanding and sympathy death and divorce are, making it harder to cope, creating additional and often more severe emotional and psychological effects on children. The topic is often considered taboo and this inability to communicate creates more anxiety for the child. They often feel alone, leaving them to suffer in silence. The loss of parents to prison can cause depression and trauma to a child. It compounds the existing environmental stress, such as the violent neighborhoods, poverty and a poor school system. The trend for the incarcerated differs with race, age, gender and economic status. In the same way, the effects on children range from emotional, behavioral and economic aspects. When a parent goes to prison, leaving behind their children, it creates devastating and often lasting effects on the family, as a whole. Equally affected, are the parent or guardian left to care for the children. It is a growing epidemic and with the constant rise of prison population, so does the numbers of families left to suffer the consequences. This paper investigates the effect of incarceration of a parent can have on a family and...
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...Overcrowding in Prisons By Wendy Michaud PRES111 ~ Unit 2 IP American InterContinental University April 1, 2012 Abstract I think we are somewhat aware of the overcrowding in jails and prisons. There are more people incarcerated than we have room for in the United States. Although some states are far worse off than others this is a serious problem none the less. There are plans to fix this problem but not at the speed people would like. Topic: Overcrowded prisons are a problem for many different reasons. Most people are already aware of this problem, either they read it in a newspaper or saw it somewhere on the television. This is not just a local problem, it is almost everywhere. Are there reasons why this continues to happen, and has this situation improved through out the years? Are there things us as a society can do to change overcrowding in prisons? These are questions we should ask ourselves considering tax payers are the people that pay the most for food, shelter, and medical care for all the prisoners that are incarcerated. In the United States prisons the recidivism rate is amazingly high. In 1994, the biggest study of prisoner recidivism that has been ever been completed in the United States proved that, of nearly 300,000 adult prisoners who were released in 15 different states, 67.5 percent were arrested again within...
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...PRELIMINARY STATEMENT Stephen Richards respectfully submits this Memorandum regarding his re-sentencing. The purpose of this submission is to highlight pertinent developments in the lives of Mr. Richards and his family members in the four years since the Court originally imposed a sentence of 84 months imprisonment. Mr. Richards has been incarcerated for 43 months. He has earned all available “good time” credit, which brings his total time served to 49 months. Certain events since his incarceration were unanticipated at the time of sentencing, and others demonstrate Mr. Richards’ rehabilitation to an extraordinary degree. These events are described below and are fleshed out in greater detail in letters and related documents contained in a separately-bound collection of Sentencing Letters and Supporting Materials. We respectfully ask the Court to weigh these intervening developments when fixing a term of incarceration that is “no greater than necessary” to achieve the factors listed in 18 U.S.C. § 3553(a). We respectfully submit that under all the circumstances the statutory purposes of sentencing would be satisfied by a sentence of 60 months. BACKGROUND Beginning in the mid-1980s, the corporate headquarters of Computer Associates International, Inc. (“CA”) instituted a fraudulent practice of premature revenue recognition. The so-called “35-Day Month” involved keeping CA’s books open for several days after a quarterly reporting period...
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