Locking Down the Land of the Free

Tuesday, 12 December 2006
At TomDispatch, Marc Mauer maps the grim contours of the "Incarceration Nation" that the United States has become through decades of harsh, punitive, racist -- and ineffective -- bipartisan prison policy. For more on this theme, see also Gates of Eden: A Nation in Chains.

Excerpts from Incarceration Nation (TomDispatch, via Buzzflash):Two remarkable developments in Washington in the past week highlight the extent to which the United States has become the land of mass incarceration. First, the Supreme Court denied the appeal of Weldon Angelos for a first-time drug offense. Angelos was a 24-year-old Utah music producer with no prior convictions when he was convicted of three sales of marijuana in 2004. During these sales he possessed a gun, though there were no allegations that he ever used or threatened to use it. Under federal mandatory sentencing laws, the judge was required to sentence Angelos to five years on the first offense and 25 years each for the two subsequent offenses, for a total of 55 years in prison. In imposing sentence, Judge Paul Cassell, a leading conservative jurist, decried the sentencing policy as “unjust, cruel, and even irrational.”

The Angelos decision came on the heels of a Bureau of Justice Statistics report finding that there are now a record 2.2 million Americans incarcerated in the nation’s prisons and jails. These figures represent the continuation of a “race to incarcerate” that has been raging since 1972. With a 500 percent increase in the number of people in prison since then, the United States has now become the world leader in its rate of incarceration, locking up its citizens at 5-8 times the rate of other industrialized nations. The strict punishment meted out in the Angelos case and thousands of others explain much of the rapid increase in the prison population...

Drug policies have been responsible for a disproportionate share of the rise in the inmate population, with the 40,000 drug offenders in prison or jail in 1980 increasing to a half million today. A substantial body of research has documented that these laws have had virtually no effect on the drug trade, as measured by price or availability of drugs. Most of the drug offenders in prison are not the “kingpins” of the drug trade. Indeed, the low-level sellers who are incarcerated are rapidly replaced on the streets by others seeking economic gain.

While crime rates have been declining nationally for a decade, research to date demonstrates that expanded incarceration has, at best, been responsible for only a quarter of this decline. Other factors that played a key role include a strong economy in the 1990s that provided employment opportunities for low-skill workers, a marked decline in crack cocaine use and its associated violence by the early 1990s, and strategic community policing. New York City, which experienced a two-thirds reduction in homicides from 1990 to 2002, did so despite a one-third decline in its jail population during that period. And conversely, while Idaho led the nation with an astonishing 174 percent rise in its prison population, it nevertheless experienced a 14 percent rise in crime...

With a new Democratic Congress in place, there is hope that long-festering criminal justice policy inequities can finally be addressed....But we should be cautious in our expectations given the Democratic Party’s record of complicity in endorsing “get tough” measures. Bill Clinton’s 1994 crime bill, for example, was loaded with harsh sentencing provisions and $8 billion in new prison construction. Progressives would be wise to continue to build bipartisan support for criminal justice reform measures. In recent years this has led to alliances with conservative Senators Sam Brownback and Jeff Sessions who sponsored bills for prisoner reentry and crack cocaine sentencing reform respectively....

Chris Floyd