Mass Incarceration by Enyjé Sandoz

Author's Note:

During my Fall 2023 semester, I enrolled in Political Science 101. At the same time, I was fortunate enough also to be enrolled in Sociology 101. Taking these two classes was a gift as I could utilize my knowledge (in addition to research and my passion for the matter) from both courses to construct my Community project for my Political Science class. We had to select an issue that impacted our community (local, state, or federally) and propose solutions. Since the 10th grade, I've been passionate about the pervasive concerns within the American prison and judicial system. After watching the documentary "13th", I wrote my 10th-grade English paper about the horrid conditions of prisons in America. Six years later, I honed in on another issue: Mass Incarceration. 

The matter does not have a one-size-fits-all solution as it is intricate and has roots engrained into our society for hundreds of years. A few minutes ago, I finished watching the most recent episode of @kardashianshulu. As everyone spoke, I noticed a commonality: their immense pride in receiving an education. Knowledge is power; everyone must have the opportunity to expand their minds, explore their curiosities, and see themselves in a light that differs from the labels placed upon them. Watching each testimony highlighted why more prisons must adopt and adapt practices (such as implementing educational opportunities within their facilities) that promote renewal, restoration, and rehabilitation.

~ • ~

Enyjé Sandoz

POL S 101-2127

3 December 2023

Mass Incarceration

From the colonization of Native Americans to the enslavement of Africans and imprisonment of Japanese-Americans during World War II, America is well-versed in the concept of hoarding people with no regard for their natural rights as outlined by John Locke. This same mentality, unfortunately, is still present in society. Mass incarceration plagues the very existence of America. Mass incarceration is “a network of policing, prosecution, incarceration, surveillance, debt, and social control that is rooted in, builds upon, and reproduces economic and racial inequality and oppression” (Institute to End Mass Incarceration). Over the years, there have been various initiatives to rectify this issue as it affects the lives of many Americans. However, there are obstacles to implementing change in a system that has been a part of America since its inception. Though, all hope is not lost. There are innumerable ways to remedy mass incarceration. The goal is not to absolve people of their actions, as some crimes are inexcusable and deserve maximum punishment, but to reduce the millions of Americans who are behind bars for menial crimes or who have received unfair sentencing. To do so, one must consider the contributing factors to this matter. From here, we can execute and support strategies that highlight recidivism rates, laws that are in place, and civic engagement.

In addressing the mass incarceration pandemic, it is essential to look at the causes of incarceration. Without a thought, it would be a crime. Though, crime is a myopic and superficial view of the matter at hand. Crime, itself, has deep origins that extends far beyond one being deviant. As theorized by sociologist Robert K. Merton, the gap between societal goals and the legitimate means to achieve them (Strain Theory 1957) leads to deviance. People often lean towards crime when they cannot fulfill their basic needs. To zoom out on the topic of crime, it said that some causes of crime are “bad schools, poverty, and joblessness.” (Unnever James D., et al 4) This socio-economic predicament worsens as it is attached to a theme of race. “Research shows that, compared to white children, Black children experience disproportionate and more severe punishment from school authorities, law enforcement, and the criminal justice system and are marked in popular discourse as criminally-inclined and “at risk” for negative outcomes” (Elliott & Reid 1). In other words, low-income Black children are targeted and ostracized by the powers that be. As illustrated, there is a preconceived notion that demonizes Black children. Systematic ideologies and practices give reason as to why Black Americans make up 38.6% of the prison population (Federal Bureau of Prisons) and are incarcerated at a rate that exceeds more than five times of white Americans (NAACP). 

As mentioned before, the goal of reforming mass incarceration is not to exculpate a person from a crime they have committed. Instead, it is to confront the flaws in the American prison system. One way to challenge mass incarceration is to focus on recidivism rates. Recidivism is “a person's relapse into criminal behavior, often after the person receives sanctions or undergoes intervention for a previous crime” (National Institute of Justice). By way of explanation, someone with prior convictions and served time may have a propensity to commit another crime. As once highlighted, one of the causes of crime is joblessness. Most convicted felons are unable to obtain employment once released due to their criminal history. Therefore, they revert to crime as a means of survival. To emphasize, in certain states, drug offenders are ineligible for public assistance (such as food stamps, cash assistance, and housing vouchers). Thus, they cannot provide food, shelter, and bare necessities. With the lack of resources to support people with prior convictions, it causes the perpetuation of one to recidivate. Fortunately, those who live in the state of California can receive government assistance, even with prior drug-related offenses. Research shows that access to public assistance helps reduce recidivism, “Any welfare eligibility reduces the recidivism rate of newly released drug offenders by 1.7 percentage points relative to non-drug offenders… being fully eligible for welfare decreases the recidivism rate by 1.5 percentage points for drug offenders relative to nondrug offenders… drug offenders fully eligible for food stamps at the time of release are 2.2 percentage points are less likely to return to prison in one year compared to nondrug offenders, a 13.1 percent from the drug offender mean.” (Yang 553). People are less likely to recidivate when provided the necessary resources to sustain themselves. Another method to reduce recidivism is to enact education programs within the prison systems. Katy Brock affirms, in Four: Reducing Recidivism through Education, “As a result of developing a positive social identity, incarcerated individuals who participate in education acquire an education that can be used to further develop their positive social identity. Cobbina (2010) found that inmates can develop positive social skills through educational collaborations. These skills can then be transferred to the community upon their release, as an offender is less likely to face rearrest if he/she has positive social skills that are used to establish supportive social bonds to the families, as well as to their communities (Carter, 2008).” (Brock 33-34). In society, when someone has served time in prison, they are stigmatized. The label follows them for the rest of their lives. Hence, by having the opportunity to educate themselves and obtain certifications and even degrees, their social identity is no longer a criminal but a college graduate. In a way, to receive an education while in prison boosts morale. Subsequently, it offers them a new perspective and direction that does not involve criminal activity. Conclusively, degree programs in prison help to nurture social skills. In turn, it translates to healthy and positive interactions once they are released back into society. 

Recidivism is one piece of the puzzle of mass incarceration. A factor in the influx of imprisonment is laws and policies. On March 7, 1994, California enforced the “3-Strikes and You’re Out” law. It stipulates, “The Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of a violent or serious felony, and limits the ability of these offenders to receive a punishment other than a prison sentence” (LAO.ca.gov) In theory, this law serves the public as it ensures that violent offenders (who pose a threat to society) will no longer roam the streets and inflict harm upon another person. In practice, however, this law has its faults. “The campaign literature in support of 3-Strikes talked about putting repeat rapists, robbers, and murderers away for a long time. It didn’t talk about putting petty thieves and drug users away for 25 years to life.” (Office of Public Defender) While those who commit heinous acts should serve 25-year-to-life sentences, in comparison, those who have committed menial crimes should not have similar sentencing. With this law, citizens face imprisonment due to blanket sentencing. Prison sentencing is not a one-size-fits-all scenario. So, each case should undergo a thorough review. The ruling should be individualized. In doing so, it will help balance the amount of people imprisoned, and perhaps lead to other alternatives such as probation, substance abuse programs, etc.

Lastly, in efforts to lessen the mass incarceration rates, citizens need to take on active roles in their communities as well as participate in their civic duties: voting and jury duty. One can establish an active role in their community by volunteering in after-school programs for the youth. In America, research was conducted to investigate the school-to-prison pipeline. The school-to-prison pipeline is “the policies and practices that push our nation's schoolchildren, especially our most at-risk children, out of classrooms and into the juvenile and criminal justice systems” (American Civil Liberties Union). Policies imposed upon children by schools and law enforcement, such as zero-tolerance rules are the cause of this issue. After-school programs have proven to help reduce matters that may result in criminal activity. For instance, the Afterschool Alliance administered a study regarding the effects of programs on students. It showed, “During the 2011-2012 school year, 70 percent of Beyond the Bell participants—located in Los Angeles, CA—had a 96 percent or higher school day attendance, compared to 56 percent of nonparticipants. Students who regularly attended the program were found to have even better school day attendance than students with lower levels of participation in the afterschool program. More than 7 in 10 students (73 percent) attending the program for more than 33 days had a 96 percent or higher school day attendance versus 64 percent of students who attended the program for six to 13 days. (2013)” (Afterschool Alliance 3). To further adjudicate, education is a constructive avenue that promotes a sense of pride and the development of necessary societal skills, as denoted by the study on education systems in prison. Thus, if programs help increase school attendance rates, students are engaged in productive activities rather than activities that can lead to imprisonment. Furthermore, in California, constituents are given a voice through voting on various propositions. Additionally, as citizens of the United States, we must partake in jury duty. It is our constitutional right (as written in the Sixth Amendment) to be tried by a jury of our peers. For marginalized communities, it is important to attend jury duty as we are often misrepresented and misunderstood in a court of law, so that our fellow peers are given a fair shot. 

To conclude, mass incarceration is a phenomenon that has impacted Americans since the beginning of time. In recent years, citizens have championed mass incarceration reforms. This movement has birthed organizations such as FAMM – End Mass Incarceration, The Sentencing Project, Vera Institute of Justice, and many others. These organizations dedicate their time and concerted efforts to evoke change within the prison system and address the issue of mass incarceration. There is not one answer to resolving this matter, though, through methods such as providing resources for newly released prisoners and education for those incarcerated (which reduce recidivism), revising laws to ensure that it is effective within their intended purpose, and remaining civically engaged, it gives us a start. In addition to the efforts mentioned above, a reduction in incarceration will also require a change in mindset about those incarcerated or with a criminal history. People are serving life sentences once released from prison as the label and shame projected upon them by society make it difficult for them to close that chapter of their lives. A revitalized perspective will (hopefully) help society view them as people and not their mistakes. 

Work Cited

“A Primer: Three Strikes - the Impact after More than a Decade.” A Primer: Three Strikes: The Impact After More Than a Decade, Legislative Analyst’s Office, www.lao.ca.gov/2005/3_strikes/3_strikes_102005.htm#:~:text=In%201994%2C%20California%20legislators%20and,the%20electorate%20in%20Proposition%20184. Accessed 4 Dec. 2023.

Brock, Katy. "FOUR: REDUCING RECIDIVISM THROUGH EDUCATION." Wagadu: A Journal of Transnational Women's and Gender Studies, Suppl.Special Issue: Telling My Story: Voices from the Wyoming Women’s Prison, vol. 17, 2017, pp. 33-38. ProQuest, http://libwin2k.glendale.edu/login?url=https://www.proquest.com/scholarly-journals/four-reducing-recidivism-through-education/docview/1940160699/se-2.

“Criminal Justice Fact Sheet.” NAACP, 4 Nov. 2022, naacp.org/resources/criminal-justice-fact-sheet#:~:text=32%25%20of%20the%20US%20population,total%206.8%20million%20correctional%20population.

“Criminal Justice Fact Sheet.” NAACP, NAACP, 4 Nov. 2022, naacp.org/resources/criminal-justice-fact-sheet.

Elliott, Sinikka, and Megan Reid. “Low-Income Black Mothers Parenting Adolescents in the Mass Incarceration Era: The Long Reach of Criminalization.” American Sociological Review, vol. 84, no. 2, 2019, pp. 197–219, https://doi.org/10.1177/0003122419833386.

Evaluations Backgrounder - Afterschool Alliance, Afterschool Alliance, Mar. 2015, afterschoolalliance.org/documents/Evaluation_Backgrounder.pdf.

“Federal Bureau of Prisons.” BOP Statistics: Inmate Gender, www.bop.gov/about/statistics/statistics_inmate_gender.jsp. Accessed 4 Dec. 2023.

“Office of the Public Defender.” Three Strikes Law - a General Summary, www.sandiegocounty.gov/public_defender/strikes.html#3. Accessed 4 Dec. 2023.

“Recidivism.” National Institute of Justice, National Institute of Justice, nij.ojp.gov/topics/corrections/recidivism#:~:text=Recidivism%20is%20one%20of%20the,intervention%20for%20a%20previous%20crime. Accessed 4 Dec. 2023.

“The Three Strikes and You’re Out Law.” The Three Strikes and You’re out Law, Legislative Analyst’s Office, 22 Feb. 1995, lao.ca.gov/analysis_1995/3strikes.html.

“What Is the School-to-Prison Pipeline?” American Civil Liberties Union, 6 June 2008, www.aclu.org/documents/what-school-prison-pipeline. 

Unnever, James D., et al. “Public Support for Attacking the ‘Root Causes’ of Crime: The Impact of Egalitarian and Racial Beliefs.” Sociological Focus (Kent, Ohio), vol. 41, no. 1, 2008, pp. 1–33, https://doi.org/10.1080/00380237.2008.10571321.

Yang, Crystal S. “Does Public Assistance Reduce Recidivism?” The American Economic Review, vol. 107, no. 5, 2017, pp. 551–55, https://doi.org/10.1257/aer.p20171001.