Determinate Sentencing

Prisons as Punishment Orland Idea of prison formed among free citizens of the USA Early English law relied extensively on payment and physical punishment, rather than imprisonment The gaol, the house of correction, and the Bridewell were the progenitors of the contemporary prison 12th century Wardens, keepers, and gaolers abused power and tortured inmates o Inmates would pay them for lighter weights and to not get flogged The English penal system used inmate labor to respond to external economic conditions o Galley service, transportation Two forces help explain why and how Americans invented the penitentiary: o Developing industrial complexes of new Republic o Emergence of the Enlightenment notion of right reason

A Nation of Jailbirds Lexington USA has less than 5% of worlds people but almost 25% of its prisoners More than 20% of inmates have been sexually assaulted by guards or fellow inmates Prisons are ineffective at deterring offenders o 2/3 of ex-prisoners are re-arrested within three years prison orphans 6x more likely to end up in prison the elephant in the bedroom = Americas willingness to imprison people for drug offenses o Combated by Mr. Webb VA Senate

Pew Reading 1/100 adults in jail 1/9 black males ages 20-34 in jail Men 10x likely to be in jail Prison costs blowing holes in state budgets but barely reducing recidivism Prison growth does not necessarily mean an increase in crime, but a change in policy o three-strike program Lawmakers may have to cut from other vital programs to foot incarceration tab o Fueled by steep rise in inmate healthcare costs More than 1/100 adult behind bars Reasons for increase of inmate population in Florida: o Abolishment of good time credits o Abolishment of discretionary release All prisoners required to serve 85% of their sentence

o Zero tolerance policies enacted Average cost per prisoner: $23,876 CA has most spending, TX has more inmates Estelle v. Gamble: o States compelled to provide a constitutionally adequate level of medical care Average cost of an older prisoner: $70,000 Key cost drivers: o Spike in overtime due to staff vacancies o Healthcare Higher education funding lags behind corrections spending (21 v. 127) Ways to combat prison numbers: o Diversion of low-risk offenders Frequent drug tests to break cycle o Use of intermediate sanctions for parolees and probationers who violate their conditions Day reporting for offenders who break rules Performance incentives o Adjusting length of stay Slightly early release for inmates who complete treatment and education programs