1. Prison Overcrowding
Sam Brandt
Class: Criminal Law and Procedures

2. Prison overcrowding is an ongoing problem throughout the United States. You
might not see it or hear about it, but the truth is your paying for someone to sit in a jail cell
and await trial. That’s why through my research I will discuss the following questions to
raise awareness about what’s going on in today’s prison systems: What is prison
overcrowding? Why is their so much prison overcrowding? What can be done to fix it?
Which prisons are the most overcrowded? What is the cost of housing an inmate?
Prison overcrowding can stem from a couple of different things. Sometimes the laws
change with the states or federally, which in return can send more people to prison.
Another is the change in crime toll every year (Portland State University , 2015). As this
happens the prisons begin to run out of cell availability for new inmates, causing a dilemma
(Portland State University , 2015).
Each year more and more criminals are getting locked up for drug charges. Drug
charges send the most people to prison, more than murder and rape charges (Gergory,
2006). The United States is leading the world right now with the most prisoners and
prisons compared to surrounding nations (Flatow, 2014). In December 31st of 2013 there
were 1.57 million inmates in federal, state, and county prisons (Flatow, 2014). African
American men have the greatest chance of going to prisons; they are six times more likely
than Caucasian men. A sentencing project and analysis of data was conduct and found
Hispanics are 2.4 times likely to go to jail over Caucasian men (Flatow, 2014). In 2011
federal prisons had 48% of inmates there on drug charges and 11% on immigration
charges, which is the fastest growing segment in the prison population. Federal laws have
remained high for minor nonviolent drug charges (Flatow, 2013). United States offenders
of incarceration have been estimated to be over 2.4 million. It’s hard to believe but 1 in 31

3. Americans are said to be in U.S. corrections in incarceration, parole or probation according
to a Pew Figures 2009 report (Flatow, 2014). FBI has estimated 1 in 3 Americans have a
criminal record. Federal prison population spiked 790% since 1980 from 2014 (Flatow,
2014). Most local jails house inmates that have a year or less, or have not been sentenced
yet. They have seen a rise in prison population as well (Flatow, 2014).
The prisons these days are packed with uneducated and mental health sickened
criminals. Did you know one in every 100 American adults are incarcerated? That means
the United States has criminals 5 to 10 times per capita of Western Europe. Back in 2012
the United States stood alone as the world leader incarceration. Out of every 100,000
people the United States has 707 people incarcerated. In comparison, China has only 124 to
172 per 100,000 people incarcerated. Twenty years ago we spent 12 billion on prisons,
now we spend a whopping 60 billion (American Psychological Assocaition, 2014). Crime
hasn’t always been this crazy in the United States, things were relatively calm before 1960.
From 1960 to 1980 crime rates soared as drugs such as crack cocaine started to be more
heavily predominate. New crime laws started to take place making minimum sentencing
for drug crimes (American Psychological Assocaition, 2014). Another reason prisons are
reaching their limit to hold in criminals is 64 percent have mental illnesses. Treatment is
not always available for these criminals as some ended up in the criminal justice system
instead of the mental health system.
President Obama and his administration have worked to lessen jail time of those
convicted on some drug charges. Since legislation has become involved they came up with
the idea to impose a cut to mandatory sentencing but increase the number of programs to
help inmates, along with the addition of more programs to hopefully cut the recidivism

4. among inmates (American Psychological Assocaition, 2014). There is a program act that
has been made, however it is waiting on a vote to be enacted. This is called the Smarter
Sentencing Act, which will affect 46,000 prisoners (MalveauxNNPA, 2014). Under the
Smarter Sentencing Act prisoners of non-violent drug charges will be able to have a more
reasonable sentencing and have the opportunity to gain access to education and
employment. Enacting the Smarter Sentencing Act is aimed to reduce the prisoner relapse
rates (MalveauxNNPA, 2014). Relapsing is a major issue. Seventy-five percent of inmates
who are incarcerated for 5 years get out only to get rearrested. There have been more than
3,200 inmates sentenced to life without parole for minor offenses like trying to cash a
stolen check or trying to shoplift (MalveauxNNPA, 2014).
Cook County jail is the most overcrowded jail in the United States located in Chicago
as of 2013. Daily detainee rates reach 10,000 or more (Davion, 2013). Having an
overpopulated jail causes a heap of issues, one being an inmate stays 20% longer because
of the high influx of cases. Most of the number of inmates comes from unemployment,
poverty and federal and state budget cuts (Davion, 2013). Mental illness or health
problems affect 2,000 prisoners. Those that have mental illness often have to wait to get in
to the state mental institute due to it not have enough room to house them. There is a
county run health service center called Cermak Health Services, where those that have
mental illness sleep on a mattress placed on the floor (Davion, 2013).
As of 2012 the average cost to keep a prisoner in jail was $31,286 (J.Hirby, 2015).
However, federal prisons in Colorado pay $60,000 to put a person in permanent isolation.
It costs $900,000 to house and inmate in Guantanamo Bay. The money to house and inmate

5. goes towards administration, operations and rehabilitation programs, health care and
security (J.Hirby, 2015).
In closing, prison overcrowding is a serious issue that needs more attention. We
should not just be putting people in jail for long periods of time for non-violent crimes. This
teaches them nothing and most likely they will relapse and taxpayers will pay more money.
Instead we need to develop more programs to help them get worked back into normal
society. Some programs I feel most important are education, rehab, and employment. As a
nation we need to inspire and motivate these individuals that have non-violent crimes that
made a poor decision to live a better life. We have all made mistakes, the difference is we
have learned our lesson. It is up to us as a nation to reconstruct and fix are broken prison
system to lessen the number of inmates.

6. Works Cited
American Psychological Assocaition. (2014, 10 1). Incaraceration Nation . Retrieved 8 22,
2015, from apa.org: http://www.apa.org/monitor/2014/10/incarceration.aspx
Davion, C. (2013, 9 18). Cook County Jail Most Croweded jail in US. Retrieved 8 28, 2015,
from World Socialist Website:
https://www.wsws.org/en/articles/2013/09/18/cook-s18.html
Flatow, N. (2013, 1 2). Almost Half Of All Federal Prisoners Held For Drug Crimes. Retrieved
8 22, 2015, from Thinkprogress.org:
http://thinkprogress.org/justice/2013/01/02/1386251/almost-half-of-federal-
prisoners-held-for-drug-crimes/
Flatow, N. (2014, 9 7). The United States Has The Largest Prison Population in the World-
and its growing. Retrieved 8 19, 2015, from thinkprogress.org:
http://thinkprogress.org/justice/2014/09/17/3568232/the-united-states-had-
even-more-prisoners-in-2013/
Gergory, A. (2006, 7 26). The Real Reason Behind Overcrowding in Prisons. Retrieved 8 19,
2015, from Independent.org :
http://www.independent.org/newsroom/article.asp?id=1775
J.Hirby. (2015, 1 1). What Is The Average Cost To Hosue Inmates In Prison . Retrieved 8 28,
2015, from The Law Dictionary: http://thelawdictionary.org/article/what-is-the-
average-cost-to-house-inmates-in-prison/
MalveauxNNPA, J. (2014, 8 11). Smarter sentencing act set to modify sentencing
requirements. Retrieved 8 27, 2015, from University Wire:
http://search.proquest.com/docview/1552479385?accountid=12779

7. Portland State University . (2015, 1 1). Prison overcrowding is a growing concern in the U.S.
Retrieved 8 18, 2015, from Portland State University :
http://online.ccj.pdx.edu/resources/news-articles/prison-overcrowding-is-a-
growing-concern-in-the-u-s/