CJ 500 Module two short paper

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1 CJ 500 Module Two Legal Policy Short Paper Kari Price School of Criminal Justice, SNHU CJ 500 Critical issues in CJ system Jacqueline Mullany 7/15/2023

2 CJ 500 Module Two Legal Policy Short Paper More citizens are incarcerated in the United States of America than in any other country (Linder, 2020). Since the early 1970s the population in Americas jails has increased from less than 200,000 to more than 2.2 million (Bureau of Justice Statistics [BJS], 2015). There are also almost 7 million additional citizens under the umbrella of probation or parole (BJS, 2016). While the incarceration rate has grown exponentially, the crime rate has remained relatively stable. While the overall incarceration rate in the United States has grown 500% since 1980, the incarceration rate for women has grown by over 700% (Linder, 2020). Most of this increase is due to changes in law and policy, not necessarily changes in crime rates. This paper will focus on the question: What effect has drug abuse and addiction had on the incarceration of women? Drug abuse and more specifically the “war on drugs” has caused more women to be incarcerated and remain incarcerated for longer periods of time. Mandatory sentencing laws at the state and federal levels have allowed for more women to be incarcerated. Mandatory minimum sentences have made sentences longer in most cases. When President Nixon declared a “war on drugs” in 1971, the program was meant to provide treatment to those in need. Congress however, thought differently as mandatory sentencing laws were passed in the 1980s (McConnell, 2017). Between 1986 and 1996 women’s incarcerations in state prisons rose 888% compared to the 522% increase in men’s incarcerations McConnell, 2017). This has led to the public perception that law enforcement and courts do not care about treating the person’s addiction. Many feel that the law enforcement community only cares about separating the drug user from the general population. Women are more likely to commit drug crimes and property crimes, in fact in federal prison about 59% of the women are there due to drug related charges (McConnell, 2017). This shows that many non-violent

3 offenders are being incarcerated due to the “war on drugs.” Due to their drug conviction offenders will lose their access to federal programs such as Temporary Aid for Needy Families (TANF), Section 8 housing assistance, and federal Pell grants for education. The irony of these sanctions is that the lack of resources is sometimes what led to drug use in the first place. Once released, many women return to the same environment and return to drug use. This recidivism, if caught, leads to new convictions and sentences thus perpetuating the cycle of incarceration. The “war on drugs” has had a detrimental effect on the incarceration of women. Women’s incarceration has increased exponentially since its inception. Despite the increase in incarceration rates the overall crime rate has remained stable. With close to 60% of the women in federal prison there on drug charges, I believe that the federal “war on drugs” has led, at least partially, to the rise of women in prisons. Several things can be done pre-incarceration and post-incarceration to help reverse this trend. State and federally funded drug treatment should be available for anyone who wants to participate. This can be done on a community level and in schools to prevent drug crimes before incarceration. Also, programs like Texas’ Substance Abuse Felony Punishment Facility (SAFPF) program can be ordered to anyone under felony probation supervision. This program operates under the modified therapeutic community model which has been proven effective through evidence based practices (EBP). Texas also offers the In Prison Therapeutic Community (IPTC) program for offenders with drug charges being released to parole. SAFPF and IPTC are essentially the same program but offered through different agencies. Another evidence based practice that can minimize recidivism and therefore help with public perception is the use of validated assessments that assess both criminogenic risks and needs. The Ohio Risk Assessment System is probably the most widely used tool for probation and parole. It has several re-entry

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4 sections that can be used to assess risk for offenders being released on parole. Lastly, cognitive behavioral training programs can be offered while on probation, in prison, or on parole. These classes teach offenders to stop, think, and make better decisions. They can restructure and client’s thought processes with enough practice.

5 References Linder, L. (2020). Expanding the Definition od Dignity: The Case of Broad Criminal Justice Reform that Accounts for Gender Disparities. University of Louisville Law Review. 58(3), 435-466 McConnell, T. (2017). The War on Women: The Collateral Consequences of Female Incarceration. Lewis & Clark Law Review. 21(2). 493-524 U.S. Department of Justice. (n.d.) U.S. Department of Justice. Correctional Populations in the United States. Bureau of Justice Statistics, Washington, April 2015, 4pp., paper covers U.S. Department of Justice. (n.d.) U.S. Department of Justice. Probation and Parole in the United States. Bureau of Justice Statistics, Washington, April 2016, 6pp., paper covers