The (Constitutional) Aches and Pains of Over-IncarcerationOver the past eight years, there has been an explosion in the U.S. prison population. The number of incarcerated persons has swelled from 1.9 million to 2.3 million — a 20 percent increase and a surge that no one can afford. Today, the U.S. holds almost one-quarter of the world’s prisoners. Severe overcrowding plagues correctional facilities across the country, and as a result, safety and constitutional rights violations in these institutions are frequently an afterthought. In addition, state governments are facing enormous budget shortfalls, taxpayers are forced to spend their money locking up thousands of persons who are not public safety risks. Over-incarceration does not improve community safety. Indeed, just yesterday the Justice Policy Institute released a report (PDF) stating that in 2007 “areas with lower incarceration rates experienced greater crime reductions.”
Packed, heaving prisons that buckle under the weight of mass incarceration have made prisoners victims of significant and frequent Eighth Amendment violations. Many prisoners wait for dangerous periods of time before getting medical attention. At Ely State Prison in Nevada, a diabetic man died when his body rotted with gangrene after prison medical staff stopped giving him insulin. At the Maricopa County jail in Phoenix, Arizona, a prisoner experienced severe groin and stomach pain and was given fluids, Tylenol and a laxative rather than a medical examination. The next day he was found dead in his cell from an ulcer. Mental health treatment is also a grave problem. Prisoners who are denied necessary medication, and act out as a result, are often placed in disciplinary segregation where they suffer from severe isolation and sensory deprivation for weeks, months, or even years at a time. Long term isolation exacerbates mental illness and has led numerous individuals to take their own lives. Domestic torture, such as this, should not be allowed to continue. The coup de grace of prison injustice occurs when prisoners lose the right to file suit and hold states and prison officials responsible for these conditions. The Prison Litigation Reform Act (PLRA), enacted in 1996, contains a set of restrictions that often prevent prisoners from bringing their cases to court and that make the legal system nearly impossible to for them to navigate. The NPP has been taking action to fix the PLRA in order to ensure that meritorious claims of constitutional violations are heard. For more info, visit the SAVE Coalition website. The NPP asks that the next administration will abandon the failed policies of over-incarceration. We don’t need more non-violent drug offenders jammed into our overcrowded cells. It is time for a new vision that promotes public safety by using alternatives to prison that actually reform rather than destroy lives. Are you a Constitution voter? Prove it!
Tags: constitutionvoter
We intend the comments portion of this blog to be a forum where you can freely express your views on blog postings and on comments made by other people. Given that, please understand that you are responsible for the material you post on the comments portion of this blog. The only postings that we ask that you refrain from posting and that we cannot permit on our website are requests for legal assistance and postings that could cause ACLU to incur legal liability.
One important law in that regard is the prohibition on politically partisan activity. Given our nonprofit status, we may not endorse or oppose candidates for elective office. That means we cannot host comments on our site that show a preference for one candidate or party. Although we in no way wish to discourage you from that activity elsewhere, we ask that you not engage in that activity on our website (or include links to other websites that do so). Additionally, given that we are subject to very specific rules concerning the collection of personally identifying information through our website (names, email addresses, home address, financial information, etc.), we ask that you not use the comments portion of this blog to solicit this information from users of our website. We also ask that you not use the comments portion for advertising or requests for legal assistance, and do not add to your comment links to other websites, as we cannot be responsible for the content on other websites. We are not able to respond to unsolicited inquiries, complaints or requests for assistance sent to this blog. Please direct your complaint or request for assistance to the ACLU affiliate in your state. Requests for legal assistance left in the blog comments will not receive a response or be published. Finally, the ACLU cannot guarantee the accuracy, completeness or usefulness of any information in the comment section and expressly disclaims any liability for any information in this section. 3 Responses to "The (Constitutional) Aches and Pains of Over-Incarceration" |
|
© ACLU, 125 Broad Street, 18th Floor New York, NY 10004 |
Sep 26th, 2008 at 10:16am
Im sorry to say that this is not our problem.
I believe that if the government would stop incarceration immigrants and people who have simple violations, we would not be wasting money like we are.
Its sad but overcrowding is only cause by wrong judgement on their part. Why not have these people pay more money instead of having them spend time behind bars. You hurt people more by taking money than putting them in jail.
Just my opinion
Oct 18th, 2008 at 1:58pm
Easy solution: Quit sticking convicted child murderers and rapists behind bars for life and just kill'em. The 8th Amendmant protects against "cruel and unusual punishment", but I guarantee that they wont feel a thing with a .50 cal bullet.
The problem is that America has gone soft. Murder someone today and you get free room and board for the remainder of your life; a step up for most criminals. Harsher punishment leads to less crime. I just wish someone would get it.
Oct 31st, 2008 at 6:41pm
Just a quick comment. As a former prisoner(who deserved it), I felt as though prison was a very good lesson for me and it changed me for the better. With that said it is a mistake for this country to incarcerate every one it can as a follow up to slogans like 'zero tolerance' or 'tough on crime'. A few years in prison for some first time offenders with serious felonies is ok, but to put mandatory minimum sentences on the books that put folks away for 5 years or more is not only expensive, but silly. Most people 'get it' after eating prison food for 2-3 years. The rest can rot.