Capstone Project on "Law Enforcement, Corrections"

Capstone Project 4 pages (1230 words) Sources: 6

[EXCERPT] . . . .

Problem No. 1: Prison Overcrowding

Dewar, E.N. (2005, March). The inadequacy of fiscal constraints as a substitute for proportionality review. The Yale Law Journal, 114(5), 1177-1191.

Author refutes the U.S. Supreme Court's argument that the cost of incarceration serves as a check on the length of prison terms and suggests that a proportionality review would be far more appropriate in identifying inmates who are appropriate for early release through parole or other types of supervised release. Author cites Connecticut's recently enacted

Act Concerning Prison Overcrowding as a model for other states seeking viable alternatives to overcrowded prisons.

Schuck, P.H. (2012, February-March). Deportation before incarceration. Policy Review, 171,

73-75.

Author is the Simeon E. Baldwin Professor Emeritus of Law at Yale University. This study highlights the fact that prison overcrowding is a nationwide problem. In some states such as California, the problem is so severe that prisons have been declared

unconstitutional by the U.S. Supreme Court because they violate the Eighth

Amendment's "cruel and unusual punishment" clause. Authors cite the growing tendency of prison officials to coordinate the deportation of illegal aliens rather than adjudicate their cases in the already overcrowded court system. Author concludes that the importance of tough sentencing regimens in contributing to the recent decline in violent

crime requires an ongoing assessment of what types of criminals should be incarcerated and which should be released to the community under some type of supervision such as parole or half-way houses.

Sprecher, J.K. (2013, March/April). Justice or just this? Judicature, 96(5), 239-244.

Author is a judge in the Berks County, Reading Pennsylvania Court of Common Pleas. In this essay, the point is made that prison overcrowding in many states has far outpaced the corresponding level of prison funding due to mandatory sentencing regimens and a "get tough on crime" mentality that has characterized the criminal justice system in recent years. Some states such as New York have made progress in reducing their prison overcrowding conditions by eliminating the so-called "three strike" laws that kept offenders in prison for lengthy stretches of time. Author concludes that states that fail to take action today are postponing a crisis tomorrow.

Whitehurst, E.A. (2012, October). Shaping California's prisons: How the alternative custody program, designed to remedy the state's Eighth Amendment violations in the prison system, encroaches on equal protection. The William and Mary Bill of Rights Journal,

21(1), 303-311.

Citing the holding by the U.S. Supreme Court concerning California's overcrowded prisons, author suggests that the Alternative Custody Program, together with appropriate gender-neutral implementation, represents a socially advantageous alternative that can help reduce prison overcrowding. Author recommends the Alternative Custody Program in lieu of constructing new prisons because of its proven ability to reduce prison populations by focusing on distributing benefits to all stakeholders that are involved. This will also allow prisons to comply with the Supreme Court's mandates concerning the need to reduce existing prison overcapacity.

Zanis, D.A. & Mulvaney, F. (2008, Spring). The effectiveness of early parole to substance abuse treatment facilities on 24-month criminal recidivism. Journal of Drug Issues,

33(1), 223-229.

Authors are an associate research professor in the School of Social Work at the University of Maryland and an adjunct assistant research professor of social welfare in the Department of Psychiatry, School of Medicine, at the University of Pennsylvania and an assistant research professor in the Department of Psychiatry, School of Medicine, at the University of Pennsylvania, respectively. This study of 569 offenders analyzed their recidivism rate after being released to a community-based substance abuse facility.

Authors found that 22% were rearrested compared to… READ MORE

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