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13 Findings, Conclusions, and Implications
Pages 334-357

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From page 334...
... We then make specific suggestions for reform in the areas of sentencing policy, prison policy, and social policy. The next section offers recommendations for further research.
From page 335...
... The Commission, struggling to untangle a complex mix of crime, racial inequality, and politics, famously concluded that the nation was moving to "two societies, one black, one white -- separate and unequal." Rising crime and disorder were accompanied by declining manufacturing sector employment in inner cities, classically described in William Julius Wilson's (1987) The Truly Disadvantaged.
From page 336...
... CONCLUSION: The unprecedented rise in incarceration rates can be attributed to an increasingly punitive political climate surrounding criminal justice policy formed in a period of rising crime and rapid social change. This provided the context for a series of policy choices -- across all branches and levels of government -- that significantly in creased sentence lengths, required prison time for minor offenses, and intensified punishment for drug crimes.
From page 337...
... Although increasing prison admissions and increases in time served in prison both fueled incarceration rates, research has best illuminated the effects of time served. Long sentences are characteristic of the period of high incarceration rates, but research indicates it is the certainty of apprehension, not an increase in the duration of long sentences, that actively deters would-be offenders.
From page 338...
... Studies have documented the large increase in the number of children with incarcerated parents and have described the range of poor outcomes that may be associated with having a parent in prison. The evidence shows a strong relationship between a father's incarceration and family hardship, including housing insecurity and behavioral problems in children, though it is difficult to draw causal inferences about that relationship.  Studies that focus exclusively on incarcerated men have found that partners and children of male prisoners are particularly likely to experience adverse outcomes if the men were positively involved with their families prior to incarceration (see Chapter 9)
From page 339...
... Racial disparities in incarceration have been observed since the relevant data were first available in the nineteenth century. Incarceration rates escalated rapidly for African Americans to levels six and seven times higher than those of whites, and reached extraordinary levels among young African American men with little schooling.
From page 340...
... . Large racial disparities in incarceration focused any negative effects of incarceration disproportionately on African Americans, the poor in particular, and transformed their collective relationship to the state.
From page 341...
... Finally, the principle of social justice, as applied to prisons -- that prisons should promote, not diminish, a fair distribution of resources, rights, and opportunities -- is strained when incarceration becomes pervasive in poor and minority communities. In weighing the scientific evidence on the causes and consequences of the high rates of incarceration in the United States, and then considering the implications of that evidence for public policy, the committee found it instructive to refer to the principles that govern the use of imprisonment for crime control and define the proper role of prison in a democratic society.
From page 342...
... The burden of incarceration also falls on the millions of incarcerated individuals and, the evidence suggests, their families and neighborhoods. More broadly, as a consequence of the unprecedented rise in incarceration rates, the larger society bears the costs of an expanded share of the population that struggles with the stigma and negative effects of the prison experience.
From page 343...
... Most fundamentally, reversing course will require state and federal policy makers to significantly reform sentencing policy. More specifically, as discussed below, they should consider reforms to the current regime of long sentences, mandatory minimum sentences, and the overall enforcement strategies regarding drug laws.
From page 344...
... However, the evidence does identify some types of policies that drove the prison buildup; imposed sizable social, financial, and human costs; failed to produce commensurate public safety benefits; and were inconsistent with the normative principles articulated above. Three dimensions of sentencing policy are particularly appropriate for reexamination: long sentences, mandatory minimum sentences, and enforcement of drug laws.
From page 345...
... Accordingly, unless sentencing judges can specifically target very high-rate or extremely dangerous offenders, imposing long prison sentences is an inefficient way to prevent crime. Finally, the evidence is clear that long prison sentences incur substantial costs to state and federal budgets and will likely add significant future costs as the prison population ages.
From page 346...
... Cutting back the maximum sentence length for specified offenses would not yield savings in prison time until many years from now, but such a policy reform would be consistent with the normative values outlined in this report and would pose little risk to public safety. Mandatory Minimum Sentences Between 1975 and 1995, all 50 states and the U.S.
From page 347...
... At the same time, there is substantial evidence in the research literature that the imposition of mandatory minimum sentences creates incentives for practitioners -- police, prosecutors and judges -- to circumvent these penalties. A broad strategy for reducing the nation's prison population would also entail review of mandatory minimum sentences in general.
From page 348...
... As mentioned above, reforms to limit mandatory minimum sentences and long sentences for drug offenses would reduce incarceration rates. Recent reductions in incarceration resulting from the reform of U.S.
From page 349...
... Other Sentencing Policy Considerations Although the above measures do not exhaust the options for sentencing reform, we view reduced use of long sentences, review of mandatory minimum sentences, and a revised approach to drug law enforcement as three key main ways in which incarceration could be significantly reduced. Recent reform efforts also have addressed other phases of correctional supervision, notably community corrections.
From page 350...
... In particular, policies and practices that result in long periods of administrative segregation from the general population, deprivation of meaningful human contact, overcrowding, and unnecessarily high levels of custody all require rigorous review. Prison authorities and legislatures should consider reestablishing the commitment to programming and rehabilitation that was deemphasized during the period of rising incarceration.
From page 351...
... Social Policy If incarceration rates are reduced, many people who would have been incarcerated will continue residing in their communities, often under community supervision. These are largely poor men and women with very low levels of schooling and poor employment histories, many of whom also have histories of substance abuse and mental illness.
From page 352...
... Improving the health of this and other disadvantaged populations will require continuity of health care from custody to community. Comprehensive screening, diagnosis, and treatment -- particularly for infectious diseases such as HIV, hepatitis C virus, and sexually transmitted diseases and for mental illness and substance use disorders -- would address broader public health and improve health for those at risk of incarceration.
From page 353...
... The exploration of social policy supports, in tandem with reduced incarceration, would reflect recognition that the growth in incarceration was in part a response to real social problems in poor communities for which comprehensive approaches are needed. Using policy tools such as the ACA combined with investments in employment, housing, and health care can also provide support to vulnerable populations at the earliest possible time before involvement with the criminal justice system begins.
From page 354...
... Understanding Alternative Sentencing Policies As the debate over sentencing policy continues to explore alternatives to incarceration, understanding the effectiveness of these alternatives is a key policy priority. Understanding the available options and assessing
From page 355...
... The evaluations should include assessment of the deterrent effects of these sentencing alternatives, as well as estimates of their cost-effectiveness. Similarly, rigorous evaluations should be conducted of in-prison programs designed to facilitate successful reentry and community-based programs committed to reintegration of formerly incarcerated men and women.
From page 356...
... A rigorous program of research on communities, crime, and crime control (including incarceration) should include comparative qualitative studies of the communities from which the incarcerated come and to which they return; research that takes advantage of "natural experiments" that induce exogenous change in prison admissions or releases; longitudinal or life-course examination of individuals as they are arrested, convicted, and admitted to and released from prison; and the study of neighborhood-level relationships among crime, cumulative neighborhood disadvantage, and criminal justice processing.
From page 357...
... Based on our assessment of the research, we believe a reduction in the nation's incarceration rates -- if implemented with all the necessary policy supports -- would achieve these benefits with little if any impact on public safety. In this report, we have attempted to illuminate what Associate Supreme Court Justice Anthony Kennedy has called the "hidden world of punishment." In a keynote speech to the American Bar Association in 2003, Justice Kennedy warned that if we look closely at America's prisons, "we should be startled by what we see." After reviewing the history of the American prison buildup, the costs of incarceration, and the human toll of imprisonment, Justice Kennedy concluded, "Our resources are misspent, our punishments too severe, our sentences too long." He ended his speech by reminding his audience that "the more than 2 million inmates in the United States are human beings whose minds and spirits we must try to reach." With these words, Justice Kennedy anticipated the conclusions of this committee.


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