Justice is on trial in the United States. From police to prisons the justice system is accused of overpunishing. It is said that too many Americans (especially minorities) are abused by the police, arrested, jailed, and imprisoned. But the denunciations are overblown. The data indicate, contrary to the critics, that we don't imprison too many, nor do we overpunish. This becomes evident when we examine the crimes of prisoners and the actual time served. Claims of systematic racism are also exaggerated. Once we consider the crimes and the criminal records of African American inmates it becomes clear that blacks are punished no more harshly than whites.
This book is a defense of our incarceration system. The history of punishment in the United States, discussed in vivid detail, reveals that the treatment of offenders has become progressively more lenient. The actual time served in prison is in line with historical practice. Corporal punishment is no more. The virtual slavery of the convict lease is long over. The death penalty has become a rarity. Only 20 percent of prisoners serve full terms and many convicted defendants are given no-incarceration sentences. In fact, 30 percent of all convicted felons and 22 percent of violent offenders are released without spending a single day in prison. Moreover, the median time served for those who do enter state prison is a mere one year and four months.
Nor are state prisoners behind bars for minor offenses. That is another false claim. A majority of inmates—55 percent—are serving time for serious violent crimes, including murder, rape, and assault. Eighteen percent are in for major property crimes, such as burglary and theft. Fifteen percent committed drug crimes, but contrary to the critics who claim that drug prosecutions are designed to snare harmless users, only 3.5 percent of the sentences were for mere possession. The rest of the inmate population, 12 percent, is serving time for public order crimes, including illegal gun possession and drunk driving. All of the above are serious crimes, often committed by repeat offenders.
The decarcerationists will have to deal with these realities if they are to make their case. Even if they can refute or spin the data they face an insuperable obstacle: when it comes to major crimes less punitive alternatives to imprisonment simply do not exist. The restorative justice movement—a counselled encounter of crime victims and perpetrators who acknowledge the harm that they cause—is touted as the alternative to prison. Restorative justice may be a good thing for low-level offenses, or as an add-on for remorseful prisoners. But when it comes to major crimes it is no substitute for punitive justice.
If we really want to reduce incarceration while protecting the public we should rely on technology to monitor released offenders. The Myth of Overpunishment presents a workable and politically feasible plan to electronically monitor arrested suspects prior to adjudication (bail reform), defendants placed on probation, and parolees. A major expansion in electronic monitoring of released offenders will create powerful incentives to conform to the conditions of release. This would shrink the incarcerated population without increasing the risks to the public.
