California's Use Of A Supermax Prison example essay topic

The purpose of this paper is to review, contrast and to give our opinion on the effectiveness of criminal sentencing and sending a criminal to jail as a deterrent to future crime. Each jurisdiction has a uniqueness not shared by the others, Great Britain has a no gun law, Minnesota uses sentencing guidelines, California aggressively sentences repeat offenders and the Federal Government still uses capital punishment, in our opinion some of the unique methods do deter crime, and some of the most controversial do not. There is a mode of thinking out there; in articles, journals and conversations, that rehabilitation does not work. A personal interview with La Raye Osborne, a lawyer at Cargill who worked extensively on the Minnesota sentencing guidelines system, revealed there is an underlying philosophy that rehabilitation does not work well (May 30, 2003). Certainly, rehabilitation provides no measure of when a prisoner should be freed from prison.

Osborne notes there are rehabilitation programs in place, but that participation is not driven by a desire to use it to get out of jail early (Osborne, 2003). In "Criminal Justice 2000" by Francis Cullen and Paul Gendreau (2000), they take an in-depth look at the topic of rehabilitation and recidivism, or the rate and reason prisoners return to prison. For seventy years, efforts were made to reform offenders (Cullen & Gendreau, 2000). The main mode of reform was treatment, such as individual and group counseling, behavioral modification, vocational training, work release and furloughs, and pursuing a college education (p. 118). Robert Martinson, in 1974, published an essay titled "What Works?" (p. 119). Martinson's observations were that no type or category of intervention such as group counseling or skill development shown a consistent reduction in recidivism (p. 128).

So, what are the statistics on offenders returning to a federal prison? In a special report from the Bureau of Justice Statistics; Sabol, Adams, Parthasaraty and Yuan (2000) found of the more than 215,000 offenders released from federal prison for the first time between 1986 and 1994, close to 34,000 returned to federal prison within three years (p. 1). The length of the second time sentence varied as well. Violent offenders returning to prison for any reason served the longest sentence of 28 months. As the length of time served increased, so did the rate of return to prison (p. 5). Sabol et al found that offenders released to supervision remained free longer than other offenders (p. 5).

A report from the Substance Abuse and Mental Health Services Administration, finds only 40 percent f the nation's 7500 plus adult and juvenal facilities offer substance abuse treatment to inmates and residents (alcoholism. about. com). A common sense approach of treatment with testing and law enforcement is a goal encouraged at every part of the justice system, according to Barry McCaffrey, Director of the White House office of National Drug Control Policy (para. 5). N elba Chavez, PhD., says that "Treatment gains in prison may be lost if treatment is not continued after the offender is released". (para. 7). Many prisoners are released with no place to live, no job, and no family support system.

By providing family counseling and support services, Chavez says prisoners avoid the risk of returning to prison (para. 7). The State of California has a population of 30 million people and houses 160,000 adult inmates in its prison system, Minnesota with its population of 5 million houses 6700 adult inmates in its prisons. While both states have similar rehabilitation, drug intervention and work programs, they have very different approaches to sentencing and prison management. During the period from January through December 2001 and 2002,887,232 crimes were committed in California, which was a 3.7% increase over the prior period.

Violent crime, which includes homicide, forcible rape, and aggravated assault, decreased 0.1 percent. Property crime increased 6.0 percent mostly due to motor vehicle thefts. Over the last decade, the overall crime rate has decreased and this recent increase could be a result of a weak economy causing a shift from legitimate to illegitimate work. The last reported period by Minnesota, 1999,171,000 part one offences were committed. This is an 11% reduction from 1998. Part I offences include violent crimes, property crimes, larceny-theft and arson.

California had and 8% reduction during the same period and the rest of the country experienced similar declines. In 1994, California enacted, by voter initiative, a mandatory sentencing law known as the Three Strikes Law. This is one of the harshest sentencing laws in the county and is a centre of controversy today, however this was upheld by the Supreme Court. In essence, the law, enacted by voter referendum, meant to put repeat felons behind bars.

"For district attorneys, three-strikes has been the most profound change ever in the criminal-justice laws of California, "says Lawrence Brown, executive director of the California District Attorneys Association. "We are now able to warehouse the truly worst offenders for a very long time" (1999). Minnesota in 1980 put into effect sentencing guidelines that set terms of imprisonment and supervised release that judges use in sentencing felons, with some exceptions inmates must serve the sentencing guidelines time set by the court. Terms of imprisonment can be lengthened if the inmate breaks prison rules. California reinstated capital punishment in 1978, today there are 575 men and women on death row, and the population continues to grow. California has executed eight inmates since 1978, none since 2000.

Minnesota abolished capital punishment in 1911. Minnesota and California, sentence inmates for life without parole. California currently has 19,500 inmates serving life terms. Minnesota has 347 inmates serving life terms. The average prison sentence in California average 41.4 months compared to 33.8 months in Minnesota.

The average time served in California by an inmate is 25.1 months. Minnesota because of its sentencing guidelines does not have an early release or parole program so the inmate must service their full sentence. Both states operate extensive prison systems, the number of prisons is based on the number of inmates, California operates 33 state prison, 38 camps, 5 inmate mother facilities and Minnesota operates 8 prisons and one boot camp. While Minnesota operates a boot camp, which is similar in operation to a military boot camp, as a tool for rehabilitation, California overreacts with Supermax Prisons. The state has two Supermax facilities housing prisoners classified as violent and dangerous. Prisoners are kept isolated from each other with their every movement controlled.

Cells are completely self-contained and allow no opportunities for physical contact with staff or other prisoners. Before the inmate moves outside the pod, he is placed in restraints and escorted by two correctional officers. These Supermax facilities are very controversial, because some consider this type of incarceration cruel and unusual punishment and it does not do anything to rehabilitate the inmate or prepare them for release into the public at the end of their sentence. The California inmate population is 472 inmates per 100,000 population, which is low when compared to Minnesota's 746 inmates per 100,000 population and the national average of 700 inmates per 100,000 population. We have compared two different states criminal sentencing strategies and reviewed California's use of a Supermax prison. Based on the statistical data, it appears California's tough Three Strikes Law and the use of the Supermax style of prison could actually be deterring crime.

The tougher sentencing rules in the US may be a model the UK should consider investigating further in order to cut down on crime. In the UK, statistics show a crime is committed every five seconds and an arrest made every 15 seconds. One has to ask if figures are this high, are the sentences being handed down to offenders really making a difference to society. Statistics provided in the governmental report entitled, CRIMINAL STATISTICS, England and Wales 1999 p. 2, show there were 5.3 million notifiable offences recorded by the police in 1999/00, a rise of 3.8 per cent over 1998/99. Over twenty years (i.e. since 1979), recorded crime has risen by 83 per cent. Violent crimes rose by 16 per cent in 1999/00 compared with a 6 per cent fall in 1998/99.

There were 761 homicides initially recorded in 1999/00. The recorded crime statistics do not tell the whole story. Figures from the 2000 British Crime Survey suggest that less than half of all offences are reported to the police and less than a quarter are recorded. In 2000, the last year for which figures are available, nationally 65 per cent of prisoners had at least five previous convictions. The biggest growth in the previous decade was in the number of inmates with at least 11 previous convictions, which rose from 25 to 32 per cent of the total. Proof, some would say, of prison's ineffectiveness at reducing re-offending.

Recidivism for violent offences is higher than for sexual offences, but again is generally lower than for other types of crime. The current sentencing climate in the UK is such that judges are likely to give harsher sentences to people with more substantial criminal records and recidivism is increasingly playing a very significant factor in the terms of the punishments which are handed down. In a further assessment of the 2000 Crime Statistics by Mirrlees-Black, C. entitled Confidence in the Criminal Justice System: Findings from the 2000 British Crime Survey Home Office Research, Development and Statistics Directorate Research Findings No. 137. p 1, a majority of the British people feel that sentences are out of touch with what ordinary people think, although there was some improvement with respect to judges, with a reduction from 45% to 41% of people who still feel they are 'very out of touch'. According to the US Department of Justice, Bureau of Statistics Sentences in the US are longer than in the UK. In 1980 there were a half a million people incarcerated in the US. In 1999, there were 1.6 million.

Some 11 million people a year go to prison in the USA. Two-thirds of them are in prison for offences not involving violence. In Europe too, the growth of the prison population has been rapid in many countries, including the UK, where the US influence has been the strongest. Penalties for breaking the law can be more severe than in the United States for similar offences. Penalties for possession, use or trafficking in illegal drugs in the United Kingdom are strict, and convicted offenders can expect jail sentences and heavy fines. The UK has a ban on firearms and there is talk in the government of enforcing a minimum three year sentence for anyone found possessing a gun.

One of the other main differences in sentences handed down in the US and UK is that the UK no longer supports the death penalty. Unlike the US, the UK does not have a three-strike policy and criminals are able to re-offend on an unlimited basis. Life in prison is not always life in the UK; an average life sentence is about 25 years. Prisons in the UK are much less strict than the US, with prisoners granted rights to colour televisions in their rooms, close contact with family and friends, as well as more personal liberties. There are exceptions to this rule, however. Upon the issuance of a report by the Prisons' Inspectorate, Chief Inspector of Prisons Sir David Ramsbotham remarked that extreme conditions in one UK prison otherwise known as 'Alcatraz' are necessary.

Prisoners are rarely let out of their cells, are rarely allowed contact with their family and friends and are not allowed personal effects like prisoners in other facilities. Ramsbotham highlighted the difference between England and Wales, where 46 inmates were subjected to the regime, and the US, where there were 18,000 in similar conditions. 22 March, 2000, 'Alcatraz' prison conditions criticized, from web Sentences may be different in both countries but on both sides of the pond each country is faced with re-offenders. The figures speak for themselves, sentences do not deter and prisoners are not re-habilitated.

Sure, there are cases where people want to change and do make substantial changes in their lives but what can the government do with people who are caught up in the system, are mentally ill or violent repeat offenders but make the sentences longer, harsher and help these people to get the treatment they need in order to spare society another tragedy. Lewis talks about the crime figures, the guidelines for sentencing, the different types of sentencing and what he feels should be looked at in the future in order to assess sentences. He also looks at alternative sentencing programmes and what is being done with alcohol and drugs. Lewis, C. "RECENT DEVELOPMENTS IN CRIME IN ENGLAND AND IN SENTENCING AND CORRECTIONS POLICIES" TALK GIVEN BY CHRIS LEWIS AT THE AUSTRALIAN INSTITUTE OF CRIMINOLOGY - 27 OCTOBER 2000.

This report assesses evidence from a number of sources including a recent Home Office survey on crime in the UK. The conclusion is that harsher sentences do not necessarily act as deterrents for those committing crimes. Andrew von Hirsch, Anthony E. Bottoms, Elizabeth Burney, and P-O. Wik strom, "Criminal Deterrence and Sentence Severity: An Analysis of Recent Research". Oxford: Hart Publishing 1999). A governmental study on confidence in the criminal justice system with results taken from the British crime survey of 2000.

The findings of this study illustrate the current mood in the country with respect to confidence in the judicial system. Confidence has risen in some areas and fallen in others with a majority of those interviewed feeling that the system respects the rights of the accused and treats them fairly, confidence was not as high when people were asked if the system was effective in bringing people who commit crimes to justice, deals with cases promptly and efficiently and meets the needs of victims. Mirrlees-Black, C. CONFIDENCE IN THE CRIMINAL JUSTICE SYSTEM: FINDINGS FROM THE 2000 BRITISH CRIME SURVEY HOME OFFICE RESEARCH, DEVELOPMENT AND STATISTICS DIRECTORATE RESEARCH FINDINGS No. 137 web This article presents statistics for crime in the UK for 2002 in a range of different categories. It shows that petty crime is on the rise in the UK and criticizes the government for its lack of gun control and action. It also mentions an initiative the government is looking at introducing in order to crack down on gun crime that is a five-year minimum sentence for possession of a firearm.

PR Newswire, Handgun crime rises by 46 per cent. January 09, 2003 web A comprehensive study published by the Home Office listing crime by categories such as firearms, homicide and recorded crime. It also looks at sentencing, cautioning, police bail and court remand. Each category in this report is broken down into gender, age, type of court and provides detail on the types of crimes committed. This is one of the most comprehensive studies published in the UK for many years and will prove to be an invaluable source.

CRIMINAL STATISTICS, England and Wales 1999 Statistics relating to Crime and Criminal Proceedings for the year 1999 Presented to Parliament by the Secretary of State for the Home Department by Command of Her Majesty, December 2000 web.