Solution to Overcrowded Prisons
CJA/454
September 9, 2013
Professor

The war on drugs has increased the prison population of correctional institutions in every state in America. The war on drugs was declared by President Nixon in 1971. This policy that his administration implemented was part of a Comprehensive Drug Abuse Prevention and Control Act of 1970. Some agree and others disagree with the war on drugs. What we all can agree on, is that prisons have swelled to all-time highs due to the war on drugs campaign. I believe there are many workable solutions that can decrease the prison population in America. First, replace mandatory sentencing laws with more flexible and individualized guidelines. Second, reduce the three strike laws for nonviolent offenders. Third, relax the Truth-in-Sentencing Laws. Last, support community policing efforts. In 1986 Congress passed the anti-drug abuse at which was well intentioned established 5 to 10 year mandatory sentence is for drugs importation and distribution. A couple of years later President Reagan signed the Omnibus Anti-Drug Abuse Act granting the federal government authority to penalize all conspirators and drug related crimes regardless of their role. Believe it or not, most people locked up in the federal system are serving time for conspiracy charges due to drug distribution although nothing was found. By removing minimum mandatory sentences and replacing them with other guidelines, you give the judges more discretion to render a sentence they feel fits the criteria. Another way to reduce prison population is by reducing the three strike law for nonviolent offenders. For example, in California the three strikes law has many people in prison not because they committed a crime, but because they were given a third strike which landed them life in prison. You can commit two violent crimes and steal a pack of bubblegum the third time and be placed in prison for life. That was California’s way of curbing the violence in their state, but instead this has overpopulated their prison system. If we were to reduce some of the sentences for nonviolent offenders on their third strike which was a petty theft you can reduce the prison population by a lot. Another reason prison populations have increased are because the federal government approve the bill called Federal Truth in Sentencing guidelines which are tough for crime policies on a state by state basis. Currently over 35 States acquire their offenders to serve 85 percent of their sentences regardless if they can get an early release. States that resisted the 85 percent standard became ineligible from receiving federal block grants authorized by the Violent Crime in Law Enforcement Act of 1994. Some states have reform programs to help inmates no matter how much time they received besides life in prison, to give them an early release back into society. With a mandatory 85 percent sentencing being served you can only imagine why the prison system is overpopulated. Supporting community policing is a way to bridge the gap between law enforcement officials and the community to help curb the violence in our streets. There are other ways of reducing the overcrowding of prisons. For nonviolent offenders you can place them in intensive probation or parole supervision. We also has house arrest which is very common in our court systems. We can use shock probation/parole which is a brief exposure to incarceration then being released. The object is to show the individual that prison is not the place to be. Currently Attorney General Eric Holder has giving speeches across America on policies that certain nonviolent drug offenders with no longer in the door mandatory minimum sentences. Eric Holder wants to go even farther by giving discretion to the judges which will stop the flooding of Prisons. If all goes well many inmates will have their sentences reduced or released from prison as soon as possible, but if the government feels you are a threat to society you will not be released because you do not fit the criteria of the new guidelines. I believe America is following the right direction in doing so.

References
EVERETT, B. (2013). Eric Holder speech to renew Hill effort. Retrieved from http://www.politico.com/story/2013/08/eric-holder-prison-sentences-95442.html
Peak, K.J. (2010). Justice Administration. Police, Courts, and Corrections Management (6th ed.). Retrieved from The University of Phoenix eBook Collection database. Chapter 12
PETRELLA, C. (2013). Ten Ways To Reduce The Prison Population In America Retrieved from http://www.businessinsider.com/10-ways-to-reduce-us-prison-population-2012-10