{"id":3754,"date":"2016-12-05T19:41:43","date_gmt":"2016-12-06T00:41:43","guid":{"rendered":"http:\/\/worldjusticenews.com\/news\/?p=3754"},"modified":"2016-12-05T19:44:55","modified_gmt":"2016-12-06T00:44:55","slug":"mass-incarceration-whole-pie-2016","status":"publish","type":"post","link":"https:\/\/worldjusticenews.com\/news\/2016\/12\/05\/mass-incarceration-whole-pie-2016\/","title":{"rendered":"Mass Incarceration: The Whole Pie 2016"},"content":{"rendered":"

By Peter Wagner<\/a> and Bernadette Rabuy<\/a><\/p>\n

Wait, does the United States have 1.4 million or more than 2 million people in prison? Are most people in state and federal prisons locked up for drug offenses? Frustrating questions like these abound because our systems of confinement are so fragmented and controlled by various entities. There is a lot of interesting and valuable research out there, but varying definitions make it hard \u2014 for both people new to criminal justice and for experienced policy wonks \u2014 to get the big picture.<\/p>\n

This report offers some much needed clarity by piecing together this country\u2019s disparate systems of confinement. The American criminal justice system holds more than 2.3 million people in 1,719 state prisons, 102 federal prisons, 942 juvenile correctional facilities, 3,283 local jails, and 79 Indian Country jails as well as in military prisons, immigration detention facilities, civil commitment centers, and prisons in the U.S. territories.<\/a> And we go deeper to provide further detail on why<\/i> convicted and not convicted people are locked up in local jails.<\/p>\n

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While this pie chart provides a comprehensive snapshot of our correctional system, the graphic does not capture the enormous churn in and out of our correctional facilities and the far larger universe of people whose lives are affected by the criminal justice system. Every year, 636,000 people walk out of prison<\/i> gates, but people go to jail<\/i> over 11 million times each year<\/a>.<\/a> Jail churn is particularly high because most people in jails<\/a> have not been convicted<\/a>. Some have just been arrested and will make bail in the next few hours or days, and others are too poor to make bail and must remain behind bars until their trial. Only a small number (195,000) have been convicted, generally serving misdemeanors sentences under a year.<\/p>\n

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With a sense of the big picture, a common follow-up question might be: how many people are locked up for a drug offense? We know that almost half a million people are locked up because of a drug offense.<\/a> The data confirms that nonviolent drug convictions are a defining characteristic of the federal<\/i> prison system<\/a>, but play only a supporting role at the state<\/i><\/a> and local levels. While most people in state and local facilities are not locked up for drug offenses, most states\u2019 continued practice of arresting people for drug possession<\/a> destabilizes individual lives and communities. Drug arrests give residents of over-policed communities criminal records<\/a>, which then reduce employment prospects and increase the likelihood of longer sentences for any future offenses.<\/p>\n

All of the offense data presented comes with an important set of caveats. A person in prison for multiple offenses is reported only for the most serious offense<\/a> so, for example, there are people in prison for \u201cviolent\u201d offenses who might have also been convicted of a drug offense. Further, almost all convictions are the result of plea bargains, where people plead guilty to a lesser offense, perhaps of a different category or one that they may not have actually committed.<\/p>\n

And many of these categories group together people convicted of a wide range of offenses. For example, \u201cmurder\u201d is generally considered to be an extremely serious offense, but \u201cmurder\u201d groups together the rare group of serial killers, with people who committed acts that are unlikely for reasons of circumstance or advanced age<\/a> to ever happen again, with offenses that the average American may not consider to be murder at all. For example, the felony murder rule says that if someone dies during the commission of a felony, everyone involved is as guilty of murder as the person who pulled the trigger. Driving a getaway car during a bank robbery where someone was accidentally killed is indeed a serious offense, but few people would really consider that to be murder.<\/a><\/p>\n

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This \u201cwhole pie\u201d methodology also exposes some disturbing facts about the youth entrapped in our juvenile justice system: Too many are there for a \u201cmost serious offense\u201d that is not even a crime. For example, there are almost 7,000 youth behind bars for \u201ctechnical violations\u201d of the requirements of their probation, rather than for a new offense. Further, 600 youth are behind bars for \u201cstatus\u201d offenses<\/a>, which are \u201cbehaviors that are not law violations for adults, such as running away, truancy, and incorrigibility.\u201d<\/a><\/p>\n

Turning finally to the people who are locked up criminally and civilly for immigration-related issues, we find that 19,000 people are in federal prison for criminal convictions of violating federal immigration laws. A separate 33,000 are civilly detained by U.S. Immigration and Customs Enforcement (ICE) separate from any criminal proceedings and are physically confined in special immigration detention facilities or in local jails under contract with ICE. (Notably, these categories do not include immigrants represented in other pie slices because of non-immigration related criminal convictions.)<\/p>\n

Now, armed with the big picture of how many people are locked up in the United States, where, and why, we have a better foundation for the long overdue conversation about criminal justice reform. For example, the data makes it clear that ending the War on Drugs will not alone end mass incarceration, but that the federal government and some states have effectively reduced their incarcerated populations by turning to drug policy reform. Looking at the \u201cwhole pie\u201d also opens up other conversations about where we should focus our energies:<\/p>\n