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The Sentencing Project is a Washington, D.C.-based research and advocacy center working for decarceration in the United States and seeking to address racial disparities in the criminal justice system. The organization produces nonpartisan reports and research for use by state and federal policymakers, administrators, and journalists.
The Violent Crime Control and Law Enforcement Act of 1994, commonly referred to as the 1994 Crime Bill, or the Clinton Crime Bill, is an Act of Congress dealing with crime and law enforcement; it became law in 1994. It is the largest crime bill in the history of the United States and consisted of 356 pages that provided for 100,000 new police officers, $9.7 billion in funding for prisons which were designed with significant input from experienced police officers. Sponsored by U.S. Representative Jack Brooks of Texas, the bill was passed by Congress and signed into law by President Bill Clinton. Then-Senator Joe Biden of Delaware drafted the Senate version of the legislation in cooperation with the National Association of Police Organizations, also incorporating the Assault Weapons ban and the Violence Against Women Act (VAWA) with Senator Orrin Hatch.
Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U.S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. The measure was approved in the November 8, 1994 general election with 788,695 votes in favor, and 412,816 votes against.
Parole is a form of early release of a prison inmate where the prisoner agrees to abide by behavioral conditions, including checking-in with their designated parole officers, or else they may be rearrested and returned to prison.
In the United States, habitual offender laws have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who is convicted of an offense and who has one or two other previous serious convictions to serve a mandatory life sentence in prison, with or without parole depending on the jurisdiction. The purpose of the laws is to drastically increase the punishment of those who continue to commit offenses after being convicted of one or two serious crimes.
Incarceration in the United States is one of the primary means of punishment for crime in the United States. In 2023, over five million people are under supervision by the criminal justice system, with nearly two million people incarcerated in state or federal prisons and local jails. The United States has the largest known prison population in the world. Prison populations grew dramatically beginning in the 1970s, but began a decline around 2009, dropping 25% by year-end 2021.
Mandatory sentencing requires that offenders serve a predefined term of imprisonment for certain crimes, commonly serious or violent offenses. Judges are bound by law; these sentences are produced through the legislature, not the judicial system. They are instituted to expedite the sentencing process and limit the possibility of irregularity of outcomes due to judicial discretion. Mandatory sentences are typically given to people who are convicted of certain serious and/or violent crimes, and require a prison sentence. Mandatory sentencing laws vary across nations; they are more prevalent in common law jurisdictions because civil law jurisdictions usually prescribe minimum and maximum sentences for every type of crime in explicit laws.
A probation or parole officer is an official appointed or sworn to investigate, report on, and supervise the conduct of convicted offenders on probation or those released from incarceration to community supervision such as parole. Most probation and parole officers are employed by the government of the jurisdiction in which they operate, although some are employed by private companies that provide contracted services to the government.
Truth in sentencing (TIS) is a collection of different but related public policy stances on sentencing of those convicted of crimes in the justice system. In most contexts, it refers to policies and legislation that aim to abolish or curb parole so that convicts serve the period to which they have been sentenced. Truth in sentencing advocates relate such policies in terms of the public's right to know. They argue, for example, that it is deceptive to sentence an individual to "seven-to-nine years" and then release them after they have served only six years.
A habitual offender, repeat offender, or career criminal is a person convicted of a crime who was previously convicted of other crimes. Various state and jurisdictions may have laws targeting habitual offenders, and specifically providing for enhanced or exemplary punishments or other sanctions. They are designed to counter criminal recidivism by physical incapacitation via imprisonment.
The American juvenile justice system is the primary system used to handle minors who are convicted of criminal offenses. The system is composed of a federal and many separate state, territorial, and local jurisdictions, with states and the federal government sharing sovereign police power under the common authority of the United States Constitution. The juvenile justice system intervenes in delinquent behavior through police, court, and correctional involvement, with the goal of rehabilitation. Youth and their guardians can face a variety of consequences including probation, community service, youth court, youth incarceration and alternative schooling. The juvenile justice system, similar to the adult system, operates from a belief that intervening early in delinquent behavior will deter adolescents from engaging in criminal behavior as adults.
Incapacitation in the context of criminal sentencing philosophy is one of the functions of punishment. It involves capital punishment, sending an offender to prison, or possibly restricting their freedom in the community, to protect society and prevent that person from committing further crimes. Incarceration, as the primary mechanism for incapacitation, is also used as to try to deter future offending.
Sentencing disparity is defined as "a form of unequal treatment in criminal punishment that is often of unexplained cause and is at least incongruous, unfair and disadvantaging in consequence". In the United States men are most adversely affected by sentencing disparity being twice as likely to be sentenced to jail after conviction than women and receiving on average 63% longer jail sentences.
Indefinite imprisonment or indeterminate imprisonment is the imposition of a sentence of imprisonment with no definite period of time set during sentencing. It was imposed by certain nations in the past, before the drafting of the United Nations Convention against Torture (CAT). The length of an indefinite imprisonment was determined during imprisonment based on the inmate's conduct. The inmate could have been returned to society or be kept in prison for life.
The Florida Statute 775.087, known as the 10-20-Life law, is a mandatory minimum sentencing law in the U.S. state of Florida. The law concerns the use of a firearm during the commission of a forcible felony. The Florida Statute's name comes from a set of three basic minimum sentences it provides for. A public service announcement campaign accompanied the law after its passage under the slogan "Use a gun, and you're done."
Prison overcrowding is a social phenomenon occurring when the demand for space in prisons in a jurisdiction exceeds the capacity for prisoners. The issues associated with prison overcrowding are not new, and have been brewing for many years. During the United States' War on Drugs, the states were left responsible for solving the prison overcrowding issue with a limited amount of money. Moreover, federal prison populations may increase if states adhere to federal policies, such as mandatory minimum sentences. On the other hand, the Justice Department provides billions of dollars a year for state and local law enforcement to ensure they follow the policies set forth by the federal government concerning U.S. prisons. Prison overcrowding has affected some states more than others, but overall, the risks of overcrowding are substantial and there are solutions to this problem.
Incarceration prevention refers to a variety of methods aimed at reducing prison populations and costs while fostering enhanced social structures. Due to the nature of incarceration in the United States today caused by issues leading to increased incarceration rates, there are methods aimed at preventing the incarceration of at-risk populations.
Proposition 36, also titled A Change in the "Three Strikes Law" Initiative, was a California ballot measure that was passed in November 2012 to modify California's Three Strikes Law. The latter law punishes habitual offenders by establishing sentence escalation for crimes that were classified as "strikes", and requires a mandatory minimum sentence of 25 to life for a "third-strike offense."
Criminal justice reform seeks to address structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Reforms can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, sentencing and incarceration. Criminal justice reform can also address the collateral consequences of conviction, including disenfranchisement or lack of access to housing or employment, that may restrict the rights of individuals with criminal records.
Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or custodial supervision. Decarceration, the opposite of incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. As of 2019, the US was home to 5% of the global population but 25% of its prisoners. Until the COVID-19 pandemic, the U.S. possessed the world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited. As a result of the push for decarceration in the wake of the pandemic, as of 2022, the incarceration rate in the United States declined to 505 per 100,000, resulting in the United States no longer having the highest incarceration rate in the world, but still remaining in the top five.
References
- ↑ Trends in U.S. Corrections. The Sentencing Project, 2017, Trends in U.S. Corrections, sentencingproject.org/wp-content/uploads/2016/01/Trends-in-US-Corrections.pdf.
- 1 2 Spohn, Cassia. "Thirty years of sentencing reform: The quest for a racially neutral sentencing process." Criminal justice 3 (2000): 427–501.
- ↑ "How Truth in Sentencing Keeps Prisons Full – GenFKD". [FKD]. 2015-12-17. Retrieved 2018-03-10.
- 1 2 3 Inc., US Legal. "Truth in Sentencing Law and Legal Definition | USLegal, Inc". definitions.uslegal.com. Retrieved 2018-03-10.
{{cite web}}:|last=has generic name (help) - 1 2 "Mandatory Minimums and Sentencing Reform". Criminal Justice Policy Foundation. Retrieved 2018-03-10.
- ↑ "1032. Sentencing Enhancement – "Three Strikes" Law | USAM | Department of Justice". www.justice.gov. 2015-02-20. Retrieved 2017-03-23.
- ↑ Meese, Edwin (1994-01-01). "Three-Strikes Laws Punish and Protect". Federal Sentencing Reporter. 7 (2): 58–60. doi:10.2307/20639746. JSTOR 20639746.