Risdon N. Slate, Ph.D. Professor of Criminology Florida Southern College

Risdon N. Slate, Ph.D.Professor of CriminologyFlorida Southern College

Nullum crimen, nullum poena, sine lege Weird crimes Mala in se vs. Mala prohibita Marijuana

Copyright © 2011, Patrick Anderson and Risdon Slate, All Rights Reserved

• DOJ Reports that both violent and property crime rates in U.S. as of 2008 are lower than at any time in the past 20 years.

• However, from 1987 until 2007, America’s prison population has nearly tripled, and the U.S. is the world leader in terms of the number of persons incarcerated.

• Yet, a recent Gallup poll found that 65% of respondents don’t feel that the U.S. CJ system is tough enough on crime.

Mississippi 735 Oklahoma 661 Louisiana 653 Texas 639 Alabama 634 Arizona 567 Florida 557

was the most frequent property crime for which prisoners were incarcerated for in state prison.


Over 52 percent of sentenced offenders in the federal prison system were serving time for a drug offense based on the latest figures available.


About half of sentenced state prisoners are serving time for a violent offense as their primary offense, with those sentenced prisoners across the states serving time for property and drug crimes almost evenly split.


State prisoner counts actually went down in the majority of states between the end of 2008 and the beginning of 2010.

The federal system’s prisoner count has grown much more rapidly than that of the states, having more than doubled since 1995.

***The influx of immigration cases has been a significant contributor to the federal prisoner population in the United States, accounting for hardly any federal sentences before 1994 and over 28 percent of all federal sentences in 2008. Copyright © 2011, Patrick Anderson

and Risdon Slate, All Rights Reserved

“Putting a person in prison to teach them how to live in society is like putting a person on the moon to teach them how to live on earth.”


(Determinate)Mandatory Minimum Sentences

Truth in Sentencing Sentencing Guidelines Indeterminate Sentencing


In the 1970s and beyond, a number of states, under increasing pressure to “get tough on crime,” adopted a presumptive system of flat-time (definite) sentences and 14 states had abolished discretionary parole board release as unnecessary for future inmates.


has been fueled by a pervasive “get tough on crime” mentality and by sensationally broadcast horrific crimes perpetrated by released prisoners (Willie Horton/Dukakis; Mike Huckabee).

Today, only 24 percent of those released from prison leave via discretionary release, typically parole.

by 2000, 40 percent of all prison releases where mandatory releases, not at the discretion of a parole board.


The legislature may take sentencing options away from judges with certain offenders by fixing mandatory prison terms for conviction of a particular crime whereby the sentencing judge has no other option available except for the one specified by the legislature.

However, police and prosecutors may be able to circumvent the legislature’s mandatory sentencing dictates by charging individuals with lesser crimes.


Primary purpose is to try to ensure that serious violent offenders are incarcerated for long periods of time without the possibility of early release.

Have been identified as a cause of prison overcrowding.


Under California’s Three Strikes Law received 25 years to life for stealing 3 golf clubs for his 3rd felony.

Justice Kennedy concurred with the decision However, Justice Kennedy has publicly

criticized California’s three strikes law stating, “The law’s sponsor . . . is the correctional officers’ union, ‘and that is sick.’”

Kennedy also pointed to the costs of incarceration in America and noted that sentences in the United States are eight times longer than sentences in Europe.


The District of Columbia, the federal government, and 28 states enacted Truth in Sentencing (TIS) laws thereby requiring for all crimes, or at least for some crimes in some instances, that prisoners serve at least 85 percent of their sentence before release.


As an incentive for states to hold prisoners for longer periods of time, the United States Congress made federal grant money available for states to combat prison overcrowding via prison construction by showing that inmates on average in their prison system were serving not less than 85 percent of their sentences.


During the 1990s and the beginning of this century, these two factors have reportedly caused the serious overcrowding problems found in several states.


At the end of 2008, 18 states and the Federal Bureau of Prisons were operating at more than 100 percent of their highest prison capacity.

Even if prison-prone populations decline, we may still maintain a large prison population because states have an enormous financial and political investment in institutions of confinement.


Due to overcrowding and potential cost savings, private prisons have become a growing response to handling prisoners in America.

It can be profitable to lock individuals up, and it is even possible to invest in private prison corporations on Wall Street.

Justice for Sale in PA.


Michael Vick Bernie Madoff Plaxico Burress Mike Tyson Martha Stewart Leona Helmsley*** all hired prison consultants to advise

them on what to expect from prison and how to do time.


“We need to be concerned about the No J’s.”


Over two-thirds of inmates do not have a high school diploma, and approximately one in four inmates report having completed their GED while incarcerated.

Recidivism rates (return to prison after release rates) have been found to be less for educated prisoners.

Yet, these four states (Vermont, Michigan, Oregon, and Connecticut) spent more in 2007 on corrections than higher education.


This principle limits the kinds of food, housing, care, and treatment afforded prisoners to levels common to the poorest, “least eligible” members of free society.

This led Congress to prohibit inmates from receiving Pell Grants for college courses, even though educated inmates are less likely to return to prison.


revealed that there are over three times more Black males and almost three times more Hispanic males in prison than in college dorms across the country.


that if incarceration rates in America remain relatively unchanged that for those male residents born in 2001:1 out of 3 Blacks;1 out of 6 Hispanics;1 out of 17 Whites

would be expected to spend time in prison sometime during their lifetime


Experts believe the best overall estimate of construction costs per prison bed today to be $65,000 per bed.

One day in prison is said to cost on average greater than 22 days on probation or 10 days on parole.


Probation in the federal system is estimated to be 7 times less than incarceration in the federal system.

As of 2007, the estimated average cost of each state prison inmate per day was $67.55.

The total aggregate burden of crime on society is almost 2 trillion dollars annually.


Are known as the loss of meaningful wages and of tax and social security revenues while an otherwise able-bodied person is confined, the social welfare costs of maintaining a prisoner’s family, the loss of any major contribution to the overall economy.

These costs do not accrue with community corrections, as the offender is typically employed and contributes to his or her own upkeep as well as the upkeep of others through taxes, social security, family support, and in some cases even restitution to victims.


One cause for the decline that some states have realized in their prison populations has been due to large budget deficits which have prompted administrators to rethink their sentencing and release practices.

Family welfare support is often a significant cost to the community when a breadwinner is imprisoned.


Older inmates have increased in number due to mandatory sentencing laws, three-strikes and truth-in-sentencing laws which require inmates to serve up to 85% of their sentences in confinement.

Over 10 percent of the nation’s prison population in 2008 was age 50 or over, with over 16,000 inmates age 65 or older (with this comes concerns for health care costs).


Practical reasons for releasing convicted murderers from prison many years after their conviction include:

The costs of incarceration – Many states face the high costs of maintaining aging prisoners, many of whom have developed chronic health problems in prison.

Also, the aging process seems to diminish the antisocial impulses which initially led to the criminal violence of youthful convicted killers.


in a special report has maintained that in the face of exorbitant correctional costs savings could be realized across the country if those serving time for non-serious and nonsexual offenses were released from confinement and placed on alternative sentences in the community.

The NCCD researchers indicated that approximately 25 percent of those incarcerated in 2008 would meet such criteria for release and estimated that if 80 percent of those meeting these criteria for release were returned to the community it could result in a savings of almost 10 billion dollars nationwide.


Some states have begun to come to the realization that they can effectively reduce their prison populations, and save public funds, without sacrificing public safety.


Nevada increased “good time” opportunities.

Mississippi pulled back from the required 85 percent to 25 percent the percentage of time that nonviolent offenders would need to serve before being eligible for parole consideration.

California changed sanctions for low-risk parolees to avoid prison terms for technical violations; ROCA; Brown v. Plata (2011)


“We spend next to nothing on community-based corrections. We get what we pay for.”


“Front-end” “Back-end”


The most complete and current study by the Bureau of Justice Statistics reveals that over 2/3rds of prisoners released from prison were rearrested at least once on a new crime within 3 years of leaving prison, and almost ½ were found guilty of a crime, and one in 4 were returned to prison on a new conviction.


As of 2008, almost two-thirds (63%) of probationers successfully completed their probationary sentence.


In one study, over 80% of those on parole commit technical violations as opposed to being arrested on new crimes.

Most persons who have parole violations, in one study 81 percent, as the result of a technical violation, do so most frequently for failure to report as required and for failure to get authorization to change addresses.


With a lack of early release mechanisms, 20% of prisoners maxed out their sentences in 2000 and entered the community with no correctional supervision.


since community programs avoid the social surgery and harmful effects of imprisonment, offenders are usually not made worse by them

the benefits of some community-based correctional programs have shown encouraging signs of success (see HOPE)

community programs are significantly cheaper with fewer damaging side effects than prisons


Pew Center (2010) reports that participants after 1 year are: 55% less likely to be arrested for a new crime; 72% less likely to use drugs; 61% less likely to skip appointments; 53% less likely to have their probation revoked.


has graduated sanctions emphasizes the swiftness of punishment

more than the severity of punishment. has an expedited hearing within 48 hours

for violations (i.e. drug, curfew) often uses a brief jail term (certainty over

severity) has reduced costs


The program retains the use of punishment as a deterrent, meaning it is “tough” enough for conservatives, while at the same time reducing the prison population, which is what liberals want.

• Democratic Congressman Adam Schiff and Republican Congressman Ted Poe, both former federal prosecutors, have joined together in the House of Representatives to initiate a grant program for states to implement versions of HOPE.


In reference to Project HOPE said, “‘We don’t have to be tough on crime; we have to be smart on crime . . . or, we’ll be bankrupt on crime.’”


Some criminologists believe such reforms as seen with Project HOPE would cut the crime rate and the prison population could be cut in half in 10 years.


“‘When you can measure what you are speaking about, and express it in numbers, then you know something about it; but when you cannot measure it, when you cannot express it in numbers, your knowledge is of a meager and unsatisfactory kind.’” -- Lord Kelvin

***Policymakers need to be provided not only the reasons for implementing policies but also the numbers to justify the implementation/existence of the policies.


In the face of severe economic woes, prison populations may level off or even decline in the future.

However, there may be pockets of resistance to modifying the lock ‘em up throw away the key system that has become corrections in America, and this resistance may come from each of the following: bail bondsmen, private prison corporations, and correctional officer unions.

***Massive Fiscal Empire of the CJ System


Probation will continue to be the most widely used criminal sanction because it is less costly, more humane, and no less effective for most offenders than incarceration.


“He who opens a school door closes a prison.”


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Risdon N. Slate, Ph.D. Professor of Criminology Florida Southern College