It is typically reported that mass incarceration costs the U.S. ~$84 billion dollars per year. In truth, when all factors are accounted for, the amount was closer to 1.1 Trillion dollars (6% of GDP) a year as of 2016 (The Economic Burden of Incarceration in the U.S. Mclaughlin, 2016). The vast majority of these expenditures fall on the shoulders of the families and communities of the incarcerated. Beyond these are numerous other expenses to be considered next to the various societal problems law enforcement gets involved in. We spend inordinate sums of money on security systems, armed guards, weapons, both legal and illegal for self-protection, and insuring property and paying for its replacement or repair in relation to theft or destructive acts.
Source: Institute for Advancing Justice Research and Innovation, Washington University, St. Louis
Source: The Economic Burden of Incarceration in the U.S. (Mclaughlin, 2016) Note: dark shaded items are ≤ 1% GDP ($183B)
In spite of these outrageously high expenses – the highest both per capita and in raw currency of any country in the world – and in spite of the fact that the US locks up a greater population than any other country in the world – second only to Russia – far beyond any of the other democratic countries we suffer outrageously high crime rates when compared to countries with similar economic and social conditions. Not only that, we spend more now, by many multiples, than ever. We currently have the largest prison system in size, scope and cost in human history.
In this same vein, we are sacrificing more and more liberties to our fears of crimes in spite of their overall decline. And more intangibly, we are losing out as our worlds shrink due to irrational fears of the outside world based on false perceptions generated by sensationalistic journalism and entertainment. There are also large sums spent on (though perhaps less than should be) costs associated with physical and psychological recovery due the effects of violence (Costs of Crime: A Review of the Research Studies, Shapiro, 1999). There are the sums spent outside of the justice system dealing with drug addiction and related problems. There are funerals. The human costs, in terms of unnecessary suffering owed to this ill-conceived system are incalculable.
A disproportionately high number of people who commit serious crimes have had either traumatic head injuries (TBIs) or a large number of smaller ones over time, i.e. chronic traumatic encephalopathy (CTE). It is now known that behaviors associated with such injuries, and their underlying social and emotional bases, respond well to treatment.
Perhaps most puzzling, when one really thinks about it, this system does not even do a good job of protecting those whom it was historically set up to serve. Because this system does little to resolve the systemic problems and instead leaves fertile ground for the generation of crime, even the wealthy are occasionally impacted by the inabilities of this system to truly protect. Doing things this way is dangerous for everyone.
These things acknowledged, the rate of violence is relatively low when compared to previous decades. For that matter, contrary to popular opinion, violence has been in general decline throughout human history. Furthermore, those who have committed serious violent crimes are very unlikely to do additional serious violent crimes after release. The rare few individuals who are very likely to repeatedly commit acts of extreme violence are fairly easy to screen out and, given the proper treatment, even these individuals have been shown to be capable of reform as well (The Violence Paradox-Nova, PBS, 2019).
Recidivism statistics among violent criminals are often used in misleading ways. In contemporary society, most people who commit a serious violent act will only do so once in their lifetimes, the length of time they spend in prison after-the-fact seems to have no impact on this. Intervention of some kind may be necessary to prevent an ongoing pattern of destructive activities, but long-term incarceration itself seems to have little value as a behavior modifier. While there are some small number of people who might remain perpetually threatening, these are not the majority of people one finds in our prisons today. These few might under very narrow circumstances merit stricter supervision than the average person who has done some harm, and they may require restrictive, but not inhumane housing.
These things appreciated, for those few who are likely to return to the same kinds of violent activities, treatment, has a demonstrable impact. In countries and states where the focus is on rehabilitation, recidivism for the same types of crimes is not only lower, it can be shown that the implementation of such programs is directly correlated to the reduction in recidivism. More generally, what is working to prevent further serious violent acts is a variety of other things tied up in our current culture. There is much less of a culture of glory associated with excessive violence in today's society at large than at other times in history, and outside of the smaller subset of so-called cultures of honor which promote violence either directly or indirectly, violent lifestyles are frowned upon. This acknowledged, US culture does, as a general rule seem to perpetuate the promotion of cultures of honor through various channels, one of these being the criminal justice system itself.
It may surprise some to read that every component of criminal justice is fairly modern. Prisons, as we know them today, only date back to the late 1700s. The type we have now are mainly modeled after Eastern State Penitentiary, opened in Philadelphia in 1829. Even that model has evolved considerably.
Today's prisons are largely based on the 'tough on crime' ideas of the 1980s which almost completely rolled back the reformatory ideas of the previous two centuries. There were no police departments in the US prior to 1844. And these were pretty clearly formed in response to the influx of immigrants into major cities to protect the interests of the established elites and the pursuit of escaped slaves
Even our judicial processes are young, only as old as the constitution. One can readily see how the founders struggled to match ideas of criminal procedure to democracy.
To suggest that these institutions might be replaced with more forward thinking, modern solutions, based on what we know now, what we learn as we go along, and designed from the start to serve the needs of everyone and self-correct as needed, is not radical; it's sensible.
It works exactly as it should be expected to, based on its construction. It is based entirely on wrong ideas about how to make society safer for the select few whom it was designed to serve.
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