The Debate on Sentencing Practices: Balancing Equity and Family
Completed: 12/06/24.
Abstract: This essay explores sentencing practices from the perspectives and arguments of multiple and varied experts examining the effects and consequences of mass imprisonment in fostering a just and safe society.
Sentencing Practices: Balancing Equity and family
Sentencing and loss are two very broad topics but how exactly does it impact families? This I believe is something that has not fully been addressed.
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The emotional toll of criminal sentencing extends far beyond the individual facing punishment. Families bear a great emotional burden that can affect every part of their lives. When a loved one is sentenced,, it’s not only the individual who is affected but everyone around them but life has to continue like nothing happened.
Emotional consequences of sentencing and loss; family perspective
In the Marion County Supreme Court, a black young girl sat quietly, holding a tissue, as her father stood before the judge. When the sentence of 15 years for a nonviolent offense was announced, I felt her heart break . She cried out his name, reaching for him in tears. Their eyes met for a brief moment, filled with unspoken pain. As bailiffs led him away, she collapsed into the arms of a relative. In that instant, the harsh reality set in, the sentencing wasn’t just a punishment for her father, but a heartbreaking moment in their family.
Mass imprisonment as a way to curb crimes.
"Supporters of strict sentencing argue that harsh penalties ensure public safety"
Sentencing practices in the criminal justice system has long been a source of argument. Supporters of strict sentencing argue that harsh penalties serve as a way to ensure public safety. Critics contend that such policies impact minority communities and fail to address the root causes of criminal behavior.
Heather Mac Donald, a fellow at the Manhattan Institute and author of The War on Cops, states, “The rise in incarceration has contributed to the drop in crime by incapacitating offenders and sending a clear message about the consequences of lawbreaking". Heather makes a good point about harsh sentencing practices, mandatory minimums and the need to deter crime and ensure public safety. She argues that strict sentencing policies prevent crime by removing dangerous individuals from society and sending a clear message about the consequences of criminal behavior. According to Mac Donald, these policies are an effective tool for protecting communities
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His view is also supported by James Q Wilson, Co author of the "Broken Windows Theory" policing with George Kelling. He also argues that strict policing and imprisonment helps maintain social order and reduce crime in the society. His work also influenced policies that caused the increase in mass imprisonment in the 20th Century.
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Does Mass Incarceration Solve Crime or Create More Problems?
The NPR also reports on mass incarceration that the United States imprisons more people than any other country in the world, and an unequal number of those prisoners are Black.
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While Mac Donald emphasizes on how mass imprisonment prevent crimes , Michelle Alexander, a civil rights advocate and author of The New Jim Crow, strongly challenges this perspective. She writes, “Mandatory minimum sentencing laws fuel mass imprisonment and do little to address crime rates, while devastating communities of color.” Alexander points out that these sentencing laws unequally impact African American and Latino communities, creating a racial system that punishes people of color for nonviolent offenses.
She argues that rather than improving public safety, these policies causes a cycles of poverty and unemployment among minority communities. She highlights that while mass incarceration has been seen as a tool to reduce crime , studies show its contribution to the decline in crime is very little, with other factors like changes in policing practices and social programs playing a larger and better role.
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Zack, Smith, a senior Legal Fellow and Manager of the Supreme Court and Appellate Advocacy Program in Heritage’s Meese Center wrote in his book "The myth of Mass Incarceration remain strong" He supports his idea on Mass imprisonment with statistics. " The Bureau of Justice Statistics shows that in 2019 there were 1,430,800 state and federal prisoners in the United States and 878,900 parolees. And there are millions of people out on probation who would otherwise be serving time in jail or prison, but who shouldn’t be counted as “locked up.”
As criminology professor Barry Latzer points out, “only one third of criminal defendants in the United States are incarcerated in prison or jail; two-thirds are free on probation and parole."
They advocates for a system that focuses on restoring justice and addressing the root causes of crime, such as social and economic inequality. By addressing issues, we can reduce crime and build stronger, equal communities
" 1,430,800 state and federal prisoners in the United States and 878,900 parolees"
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"Black men are six times more likley to go to prison"
Alexander’s insights align with those of legal advocate Bryan Stevenson, who emphasizes the necessity of addressing structural inequalities within the system. They advocate for a justice system that prioritizes fairness and equity, recognizing how policies have harmed minor groups.
Bryan Stevenson, founder of the Equal Justice Initiative, explains how inequality and the abuse of power exploit people of color and the poor. He explains how Mass incarceration has had a negative impact on all Americans. But it’s been particularly devastating to the poor and people of color. Black men are six times more likely to go to prison for committing the same offenses that white people commit.
9 MILLION
PEOPLE EACH YEAR
The prison policy initiative reported that over 9 million people cycle through local jails every year. Over two million people are currently behind bars in America with another 4.5 million on probation or parole.
Each year, more than 5 million people are arrested and jailed, with one out of every four people arrested more than once in that year.
The partners for justice also reported a statistics showing these and this scale of harm is massive: 1 in 37 Americans is currently under correctional supervision of some kind, or 7% of the total population, and an estimated 45% of Americans have an immediate family member who has been incarcerated—and who will suffer the lasting fallout with their loved one. In short, this isn’t a problem impacting a small minority: it’s a profoundly widespread American crisis.
Nazgol Ghandnoosh conduct research on criminal justice policies. In one of her works on racial disparities in the justice system and on the scope of reform, She shows how crimes can be reduced by reducing the number of people who go to prison every year for non violrnt crimes.
Statistics by Bureau of justice shows that in the end of 2019, the U.S made steps to ending mass imprisonment and the level of crimes reported to the police had reduced to half and that is exactly what we need to do considering the result seen after it was practicalized.
DONALD VS ALEXANDER
While Sentencing reforms are essential to address systemic inequalities and create a fairer justice system for all, these sentencing practices and mass imprisonment target black and brown communities without reducing the rate of crimes in the community. Heather Mac Donald, argues that harsher penalties are necessary to deter crime and maintain public safety. Mac Donald argues that mandatory minimums and long prison sentences have played a role in reducing crime rates but Michelle Alexander, challenges the effects and morality of harsh sentencing policies.
She argues that these practices fuel mass imprisonment while targeting African American and Latino communities. Alexander highlights how mandatory minimum sentencing laws, originally designed to target violent crime, often gets individuals convicted of nonviolent offenses. While harsh penalties might be a way to deter crimes, it targets black and brown communities and the best way to solve this is by reforming policies on sentencing without racial inequalities.
She points to studies showing that other factors, such as improved policing strategies, community engagement, and social programs, have played a larger role in reducing crime. she emphasizes that harsher sentencing policies alone cannot address the complex social and economic factors that causes criminal behavior. She critiques the ideas and believes that punishment equals to safety, arguing instead for systemic reforms that tackle the root causes of crime.
The incarceration of moms,
The emotional consequences of sentencing on families are often overlooked in legal and criminal justice discussions. While much focus is placed on the punishment of the individual, the family’s emotional journey is needed to understand the full impact of sentencing. When a person has nothing more to loose, they becomes harmful to the society,
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"Children raised by parents in jail are likely to experience depression"
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The Annie E. Casey Foundation.
"A Shared Sentence: The Devastating Toll of Parental Incarceration on Kids, Families, and Communities." 2016. shows that children raised by parents in jail are significantly more likely to experience behavioural problems, depression and academic difficulties compared to their peers and are likely to face issues 3 times more than children with normal parents. With an increased risk to drop out and engage in criminal activities later in life.
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James M. Conway and Edward T. Jones Department of Psychological Science, Central Connecticut State University wrote in their book on the likelihood of children with incarcerated parents shows that 7 out 10 kids also go to jail. So how exactly have we solved the repeated problem of pubic safety?, all we see are patterns of the same generation returning back and that has so far not helped the community grow in terms of safety and restoring peace.
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We need to focus on the root causes of these crimes in our society by educating individuals, investing in communities and these strategies would be more effective in promoting long term safety.
It is not just about laws or policies, it’s about the real lives impacted by them. we have to keep fairness and humanity as the basics of my argument. Only then can we create a justice system that works for everyone.
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Sentencing reforms that eliminate mandatory minimums for low offenses can reduce racial unfairness by treating everyone fairly while still holding people responsible for serious crimes by educating individuals and implementing other ways such as House arrests.
Visit www.sentencingproject.org or www.naacp.orgtoday to donate or sign petitions advocating for sentencing reform. Then find your local representatives at https://iga.in.gov/information/find-legislatorsLinks to an external site. and email them demanding an end to mandatory minimums for nonviolent offenses. Together, we can create a fairer justice system and rebuild communities.
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You may also contact the Indiana House of Representatives at (317) 232-9600, (800) 382-9842 , (800) 382-9842 so we can make our community great again.
WORK CITED
Alexander, Michelle. The New Jim Crow: Mass Incarceration in the Age of Colorblindness. The New Press, 2010.​ https://thenewpress.com/books/new-jim-crow​​
Latzer, Barry. The Rise and Fall of Mass Incarceration. Oxford University Press, 2016.​ https://www.nas.org/academic-questions/34/1/the-mass-incarceration-bogeyman​
MacDonald, Heather. The War on Cops: How the New Attack on Law and Order Makes Everyone Less Safe. Encounter Books, 2018. https://manhattan.institute/book/the-war-on-cops
​Nazgol Ghandnoosh, " Ending 50 Years of Mass Incarceration: Urgent Reform Needed to Protect Future Generations" February 8, 2023. https://www.sentencingproject.org/policy-brief/ending-50-years-of-mass-incarceration-urgent-reform-needed-to-protect-future-generations/ ​
NPR​ . Mass Incarceration https://www.npr.org/2019/08/14/751126384/mass-incarceration​​
Prison policy initiative https://www.prisonpolicy.org/blog/2024/04/15/jails_update/​
Smith, Zack. The Myth of Mass Incarceration Remains Strong. Heritage Foundation, 2020.​ https://www.heritage.org/crime-and-justice/commentary/the-myth-mass-incarceration-remains-strong-despite-all-evidence-the
The Annie E. Casey Foundation. "A Shared Sentence: The Devastating Toll of Parental Incarceration on Kids, Families, and Communities." 2016.​ https://www.aecf.org/blog/report-recommends-policies-to-help-millions-of-children-with-incarcerated-parents
​​Wilson, James Q. "Broken Windows: The Police and Neighborhood Safety." The Atlantic Monthly, March 1982, pp. 29-38.​ https://citizenshandbook.org/broken_windows.html​​
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