Running head: LIFE SENTENCE 1

Life Sentence: The Lifelong Effects of Prison Overcrowding

Katrina A. Hughes

First Colonial High School Legal Studies Academy

Abstract

Previous studies on the impact of higher prison sentencing on nonviolent drug offenders and its

correlation with prison overpopulation have shown to produce negative effects on the prisoners

as well as the community. The author focuses on the scenarios and litigation from the United

States of America. This paper aims to draw a parallel between prison overcrowding negative

effects and the high prison sentences of nonviolent drug offenders.

Keywords: prison, overcrowding, nonviolent, drug offenders

Life Sentence: The Lifelong Effects of Prison Overcrowding

As the United States enters into a new year, it is important to remember the things the

nation has learned thus far. As New York Times writer David Brooks puts it, the prison

problem is past due for a drastic change: pretty much everybody from Barack Obama to Carly

Fiorina seems to agree that far too many Americans are stuck behind bars (Brooks, 2015). Mass

incarceration, specifically of state and federal prisoners, also known as prison overcrowding or

prison overpopulation, is an ever growing concern in the United States.

Collins English Dictionary defines overcrowding as a state of being filled with more

people or things than is desirable (Collins). Therefore, prison overcrowding is understood to be

the surplus of prisoners being held in a federal or state confinement that exceeds the desirable

number (Collins). Displayed in recent data and political testimonies, the issue of prison

overcrowding has reached an all time high. Prison overcrowding, although due to a multitude of

factors, can be traced back to unjust prison sentences, specifically, of nonviolent drug offenders;

in order to eradicate this problem, America must first decide to do something about it.

A statement by President Barack Obama, at the National Association for the

Advancement of Colored Peoples (NAACPs) 106th national convention, our criminal justice

system isnt as smart as it should be suggests the problems related to the American justice

system are so obvious, that the common citizen can tell there is something wrong (Obama 2015).

Further into President Obamas speech, he specifically addresses the issue of prison

overcrowding and provides the following statistics:

2.2 million: The number of prisoners in the U.S. -- which has quadrupled from only

500,000 in 1980.
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25 percent: The share of the world's prisoners that are in the U.S., even though we're

only home to 5 percent of the world's population.

60 percent: The share of U.S. prisoners that are either African American or Latino.

"About one in every 35 African American men, one in every 88 Latino men is serving

time right now," the President said. "Among white men, that number is one in 214."

$80 billion: The amount we spend each year to keep people incarcerated in America.

(Hudson, 2015)

President Barack Obama went on to note some of the things the nation could do if the money

amount being spent to keep those incarcerated was put to use in other ways (Hudson, 2015). If

the $80 billion currently being spent towards incarceration went to other uses, America could

provide universal preschool, double the salary of every high school teacher in America, finance

new roads, and eliminate tuition at every one of our public colleges and universities (Hudson,

2015).

Much like the President, many other politicians have come forward and spoken about the

massive issue of prison overcrowding. Of these include Senator Rand Paul who gave a statement

on March 9, 2015:

Though only five percent of the worlds population lives in the United States, it is home

to 25 percent of the worlds prison population. Not only does the current

overpopulated, underfunded system hurt those incarcerated, it also digs deeper into the

pockets of taxpaying Americans. (Paul, 2015)

Despite both representing different political parties, and having a history of disagreements on

nearly every issue, the stance points of these two politicians regarding the topic of America's

criminal justice system is something both can agree on.

As one of the final acts as President, Barack Obama granted full pardons to 78 prisoners

and reduced the sentence of 153 on December 19, 2019 (Korte, 2015). The majority of those

pardoned were people serving extremely long sentences for drug-related and primarily non-

violent offenses. This act sends a clear message that there is a problem with our current system

and action needs to be taken in addressing the sentencing for these types of offenses (Obama,

2016). Congress needs to take action to reform the system and ensure that fairness is maintained

by our criminal justice system and reverse sharp penalties that disproportionately impact

Hispanic and African American men. During his presidential term, Obama has given clemency

to a total of 1,324 people, including 395 with life sentences(Korte, 2015). Oxford Dictionary

defines the term clemency as mercy; lenience (Oxford).

One of the people pardoned by President Obama was Mr. Ismael Rosa, a 56-year-old who

had already served 21 years in prison towards his life sentence, he had been convicted in 1995

for conspiracy to distribute cocaine (Korte, 2015). Prior to his conviction, he was a salsa singer.

When notified by his lawyers, that he had been granted clemency by President Obama, Mr. Rosa

began crying while singing a gospel hymn (M., 2016). There are many people currently in our

overcrowded prisons, serving sentences that many would agree, do not fit the crime that was

committed (Hudson, 2015). The Justice is reportedly Urging the U.S Sentencing Commission to

approve a measure that would potentially make thousands of nonviolent drug offenders now

serving time in federal prison eligible for reduced sentences (Johnson, 2014). Eric Holder, the

Attorney General of the United States has

In 1976, prior to the massive increase in incarceration rates, national magazines were

already reporting that prisons were dangerously overcrowded. Since that time, overcrowding has

continued to increase along with the negative effects on inmates . The term overcrowding
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when used in the context of prisons is measured by more than just the ratio of prisoners to rated

capacity; it also includes the extent to which a prison, or prison system, houses more prisoners

than its infrastructure can humanely accommodate(Haney, 2006). This overcrowding impacts

more than just the inmates and accommodations themselves, it also negatively impacts the

resources needed to address the medical, and mental health issues of inmates (Haney,2006).

Because of the surplus numbers of people, it is impossible to get everyone everything

they need. When there are more people than recourses, history has shown it creates high tension

rates, violence, and lower quality of life. This is further proven in documented animal behavior

on Australias Macquarie Island where the natural predator of the isolated island had been

removed leading to a major overpopulation of the rabbit (Marris 2009). Do t the immense

overpopulation of this species, it wiped most of the resources from the island and created a

shortage of goods such as food, shelter, and habitats for all of the other animal and insect species

on the isolated island (Marris 2009). The whole quality of life and basic tone of the island

seemed to change in the wake of these events. Like these overpopulated mammals, humans are

no different when it comes to a shortage of resources, when cluttered together, it can be quite

detrimental.

In 1976 a correctional task force was evaluating overcrowding in prisons and found that

double-celling, the placement of multiple prisoners into one cell, violates human decency.

According to legislative and departmental policy, the Department of Corrections does not

sanction double-celling inmates (Haney, 2006). The correctional task force believed that

double-celling inmates not only violated human decency, but also impacted other areas such as

physical and mental health and security. Although the task force had several concerns and

acknowledged that double-celling was undesirable, they were unable to find a viable alternative
LIFE SENTENCE 7

due to the current overcrowding and continued projections for an increasing inmate population.

The task force did recommend a gradual increases in the inmate population along with additional

correctional staff to alleviate the impact of overpopulation. Today the practice of double

celling is commonplace and accepted widely and many are pleased when they can limit the

number of inmates to only two per cell during periods of severe overcrowding (Haney, 2006).

Basic decency for inmates has deteriorated and the goal of humane treatment appears to have

been forgotten.

Research has found that overcrowding in prison negatively impacts health, behavior and

morale beliefs; some of the findings are particular vulnerabilities and inabilities to cope and

adapt can come to the fore in the prison setting, and . . . the behaviour patterns and attitudes that

emerge can take many forms, from deepening social and emotional withdrawal to extremes of

aggression and violence (Haney, 2006). These findings indicate that overcrowding results in

high stress levels, which lead to physical and psychological issues along with higher rates of

disciplinary violations (Haney, 2006).

Incarceration numbers can contribute to income inequality and concentrated poverty

which can have long-term economic impacts (Western, 2010). In addition, large prisons impact

population numbers by the U.S. Census count which in turn impacts the distribution of federal

dollars towards aid under population-based formulas.

Local officials have contradicting views with academic studies regarding the impact of

prisons on stabilizing economies. These same local officials often credit prisons with being an

economic stabilizer since they bring jobs for probation and parole officers along with

administrative staff and health officials. In 2008, there were about 770,000 people working in

the corrections sector. According to the U.S. Labor Department, these numbers are expected to
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increase between 2008-2018 by 16% for parole officers and 9% for supervisors, staff and guards.

This number does not include the private contractors to the prisons and jails. Academic studies

from Washington State University suggested that tramped down growth in rural counties resulted

from prison construction. Evidence was not found to support that prison expansion stimulated

economic growth. In 2004, Iowa State University found higher poverty levels in rural towns that

acquired a state prisons. In 2007, Pennsylvania State University researchers found that prisons

did not have a significant economic effect on rural places and in persistently poor rural places

there was not enough evidence of structural economic change (Western, 2010).

Concerning current laws on prison overcrowding, there have been a multitude of court

cases brought to the United States Supreme Court over the issue. Most famous of these cases

include Plata v. Brown and Rhodes v. Chapman. In the court case Plata v. Brown, the Supreme

Court of the United States of America ruled that a court-mandated population limit was

necessary (Plata v. Brown, 2011). In this case brought on by a class action of prisoners, the

prisoners petitioned that their eighth amendment freedoms had been infringed upon. The

precedent of this case is the new population limit with which the courts enforced. Pre-dating

Plata v. Brown, one of the first ever cases involving prison overpopulation is Rhodes v.

Chapman. In this Supreme Court decision, holding prisoners in one cell or double celling was

found to be unconstitutional and breach the prisoner's Eighth Amendment right as unfair and

unusual punishment (Rhodes v. Chapman, 1986). As seen in today's legislation the Rhodes v.

Chapman has set the precedent of Americas double celling laws. Decisions decided in these

courts become the law that America practices day by day. These cases specifically, have set new

laws in regards to prison overcrowding; however, to fully understand and grasp these laws, one

must first know what a prison is and how it differs from all other forms of incarceration.
LIFE SENTENCE 9

According to the Bureau of Justice Statistics (BJS), the difference between jails and

prisons is:

Jails are locally-operated, short term facilities that hold inmates awaiting trial or

sentencing or both, and inmates sentenced to a term of less than 1 year, typically

misdemeanants. Prisons are long term facilities run by the state or the federal government

and typically hold felons and inmates with sentences of more than 1 year (BJS, 2016).

There are several different types of incarceration. Federal prisons hold prisoners convicted of

federal crimes and pre-trial detainees and are run by the U.S. Bureau of Prisons. State prisons

house prisoners who are serving time for felonies and is run by the state corrections departments.

Local jails hold pre-trial defendants and inmates serving short sentences, typically less than one

year, and are run by county or municipal facilities. There are also juvenile detention facilities,

military prisons, state mental hospitals, and police lockups, where prisoners are held.

Unsurprisingly, there are more people held in prisons than in jails. Todd D. Milton, with the

BJS, claims The number of inmates confined in county and city jails was an estimated 744,600

at midyear 2014. The numbers of prisoners held in state and federal correctional facilities was

estimated to be 1,561,500 at year end 2014. Half of males (50%) and more than half of females

(59%) in federal prison were serving time for drug offenses on September 30, 2014

(Carson,2015).

In an interview with Master Police Officer, Jim McElligott, when asked what one of the

major problems with overpopulation in federal and state prisons:

Primary issues dealing with prison overcrowding, from the rhetoric which I have been

exposed to, has to do with mandatory sentencing guidelines and the number of inmates

who are serving time for drug related crimes. I think there are estimates that up 50 % of
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the people incarcerated in federal prisons involve crimes related to drugs. So, one can

infer from that fact, how vast the problem of drugs in the US really is. I believe recently

Obama has released hundreds of criminals from federal prisons who were serving time

for drug offenses (McElligott, 2016).

Officer McElligott gave further details into his professional opinion on the topic of federal and

state prison overcrowding. Some potential remedies to the issue of prison overcrowding that he

mentioned were allow drug offenders to serve shorter sentences, give judges greater discretion

over sentencing, and make sure people aren't disproportionately punished (McElligott, 2016).

The courses of action that Officer Jim McElligott recommended suggest that many officers and

employees in the criminal justice field also believe the imprisonment and sentencing times of

nonviolent drug offenders are a large issue in prisons.

Specifically, the current sentencing and laws pertaining to these nonviolent drug offences

is a large contributor to the prison overpopulation epidemic in America. When asked what he

recommended the average citizen or student at First Colonial High School could do to make a

positive impact on the economy, Officer McElligott said, I think you, as a citizen, have to

decide if you believe in the crime control model which basically supports laws and policies that

are tough on crime its main purpose being to reduce crime and create a safer community

(McElligott, 2016). Officer McElligott also mentioned a second way to support change in the

community, by supporting the liberal and progressive ideology which relaxes the laws and

policies which many people have fought for to protect the community (McElligott, 2016).

Essentially, Master Officer Jim McElligott is saying it is important to choose a side between
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Republicans and Democrats and follow through with that party's game plan in eliminating prison

overpopulation while making positive change in the Unites States criminal justice system.

Concerning the prison sentences on nonviolent drug offenders, statistics have found there

to be a staggering disproportion in felonies (Cohen, 2005). When sentencing drug users of

certain narcotics, the disproportion is found in the type of cocaine being used. Prisoners who

were caught and charged with the use of crack cocaine, were sentenced to a much harsher

sentence, than those who used the powder form of the brain altering drug to achieve their high.

When President Barack Obama signed the Fair Sentencing Act in 2010, it eliminated the five-

year-mandatory minimum prison sentence for the possession of crack cocaine (Cohen, 2005).

The Fair Sentencing Act also reduced the disparity in the amounts of powder cocaine and crack

cocaine required for the imposition of mandatory minimum sentences (Lee, 2010). This step

taken by President Barack Obama in signing this Act is one towards fixing the issue of prison

overcrowding by relaxing harsh sentences of nonviolent drug offenders. The original powder-

to-crack weight ratio was 100-to-1. The Fair Sentencing Act lowered the ratio to 18-to-1

(Cohen, 2005). Although this is a great thing for communities who primarily use crack cocaine in

contrast to the powdered form of the drug, and is a step in the direction of sentencing equalities,

evidence shows that there will still be a high ratio of nonviolent drug offenders being booked for

long prison sentences (Cohen, 2005). The more people entering prison, the more space is needed

to hold them. Unfortunately, many of the states with the highest amounts of prisoners lack

sufficient amounts of room to hold these prisoners.

According to the American Legislative Exchange Council, on criminal justice reform and

prison overcrowding, the incarceration system in this country hold[s] more than 2.4 million

people in 1,719 state prisons, 102 federal prisons, 2,259 juvenile correctional facilities, 3,283
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local jails, and 79 Indian Country jails bringing America to the world's number one nation with

the most people incarcerated (ALEC, 2014). According to data charts provided by the American

Legislative Exchange Council regarding current and previous prison statistics, the total number

of people being held in either a federal or state prison in the United States of America is roughly

1,578,390. The distribution of these prisoners is spread across 1,719 state prisons and 102 federal

prisons; Of course, not all of those people stay in prison. Annually, 688,000 people are released

from state and federal prisons back into society (ALEC, 2014). No longer questioning if there

are too many people incarcerated, The Prison Policy Initiative has started to ask the question

does it really make sense to be imprisoning this many people? (ALEC, 2014). According to the

Prison Policy Initiative, the non-profit organization created to expose the broader harm of mass

criminalization, in the state of Virginia, there are currently 124,000 people behind bars under

the supervision of the criminal justice system and of those and 38,000 of them are locked up in

Virginias state prisons (Initiative, 2016). Graphs provided by the initiatives 50 Incarceration

Profiles provide information on every state in America. Of these graphs, includes a bar chart of

Virginia's history of incarceration. In the chart, the years displayed range from 1978 to 2011. At

the beginning of 1978, Virginia had a state prison population of only 9,000 prisoners. By 2010

that number had increased to a whopping near 38,000, the highest prison rate in Virginian

history. The 2011 prison population is seen to begin dropping, however only slightly (Wagner,

2011). This shows that the prison population has increased in recent years. This pattern is not

only shown in the prisons of the state of Virginia but also across the country nationwide.

Prison overcrowding has long been a problem in the California state prison systems in

particular (Hartney, 2011). As seen in the United States Supreme Court case, Plata v.Brown, the

court's order the state of California to reduce the size of their overpopulated prisons by 23% and
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are given a period of two years to complete this goal (Brown v. Plata, 2011). In order to reduce

their population size safely, the state looked at what other states, such as New York, New Jersey,

Michigan, Kansas, Mississippi, and Texas, had all done in order to achieve their own recent

droppage in percentage of incarcerated prisoners (Hartney, 2011). At the time, these states were

seeing prisoner cutbacks at levels of 20% in New York, 19% in New Jersey, 12% in Michigan

5% in Kansas, and 5% in Mississippi (Hartney, 2011). In order to achieve these cutbacks the

states mentioned above; New York, New Jersey, Michigan, Kansas, and Mississippi, all used a

multitude of different methods. Some of these methods included Allow more judicial discretion

in plea bargaining, increase use of community-based alternatives to incarceration, create more

opportunities for early parole for nonviolent offenders, use data-based risk assessment tools in

parole decisions, use data-based risk assessment tools in parole decisions, implement drug

courts, reform ineffective sentencing laws, and use resources for treatment and other programs

(Hartney, 2011). One of the ways California opted to use in reducing their state's prison

overcrowding epidemic was the release of nearly 3,000 inmates (OConnor, 2015). This action

spawned from Proposition 47 which allowed criminal offenders who commit certain non

serious and nonviolent drug and property crimes would be sentenced to reduced penalties (such

as shorter terms in jail) (Proposition 47, 2014). This action relates back to the ever growing

problem of so many nonviolent drug offenders being locked up in prisons for extended periods

of time.

As seen and debated by numerous political figures such as the President of the United

States of America, Barack Obama, democratic presidential nominee and former United States

Secretary of State, Hillary clinton, and former United States republican Representative, Ron

Paul, there is a common thread between all parties. Regarding prison overcrowding in the United
LIFE SENTENCE 14

states of America, it is easy to agree, regardless of political stances that prison overcrowding and

specifically, the incarceration rates and current prison sentencing laws pertaining to nonviolent

drug offenders in America need to be dealt with and changed for the better.

Going even further beyond the standard political standpoints and comments regarding

this issue, it is clearly shown in the United States Supreme Court Cases such as Plava v. Brown

in which the court ordered in favor of the prisoners in an act to reduce prison overcrowding

(Plata v. Brown, 2011). Even the local police officer, Jim McElligott of the City of Virginia

Beach Police Department is a proponent and advocate for the reduction of prison overpopulation

and harsh sentencing laws for nonviolent drug offenders in the American criminal justice system

(McElligott, 2016).

Looking back to the all new question that the Prison Policy Initiative has started to ask

its members and the rest of the world, does it really make sense to be imprisoning this many

people, the question challenges today's policies surrounding the United States current criminal

justice system and prison systems (ALEC, 2014). In order to solve this problem, like any other

problem, the first step is recognizing the issue. As Virginia Beach Police Officer, Jim McElligott

puts it, in order to solve the issue of prison overcrowding in America, the United States should

allow drug offenders to serve shorter sentences, give judges greater discretion over sentencing,

and make sure people aren't disproportionately punished (McElligott, 2016).

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