Mass Incarceration:

The Problem with America's Prisons

Megan Burke
Red Group

Because of the racial inequity, overcrowding, and cost of mass incarceration, the
federal judicial system must lower mandatory minimum sentencing for low-level
nonviolent, especially drug-related, crime.
Nearly 2.4 million people are behind bars in the United States (The Cost of a
Nation of Incarceration, CBS News), and the number appears to be growing. Every year
since 1973, the prison population has grown. During two periods in recent history where
crime rates dropped, prison populations continued to increase (Clear, 4). Currently one in
every 31 adults, or 3.2 percent of Americas population, is under some form of
correctional control (NAACP). Most are African-American males (Clear, 8). A
significant number of those in state prisons are locked up for nonviolent offenses, usually
drug offenses (Flatow). Though the United States makes up only 5 percent of the worlds
population, it houses a shocking 25 percent of the worlds prisoners (Combating Mass
Incarceration, ACLU).
More than 50 percent of all people incarcerated in American prisons are in prison
for nonviolent offenses. Forty-eight percent of these individuals are being held for drug
crimes (Flatow). One case that displays the aggression toward drug crimes was that of
Clarence Aaron, who was given a triple life sentence for his role in a cocaine deal. This
happened, even though it was his first offense and he was not the buyer, seller, or
supplier. Aaron was recently awarded clemency by President Obama (Linzer).
The war on drugs has created a monumental increase in U.S. prison
populations. President Richard Nixon announced the war on drugs in 1971 in what

seemed to be a response to rising recreational drug use in the 1960s, prompted by a

number of factors (PBS). In 1969, a study by psychiatrist Dr. Robert DuPont linked
crime and heroin addiction. Meanwhile, marijuana was being smuggled into the United
States from Mexico and a heroin epidemic was being documented among soldiers in
Vietnam. This gave President Nixon a valid reason to declare the war on drugs; however,
recently, John Ehrlichman, one of Richard Nixons main advisors, revealed the true
purpose of the war on drugs. Ehrlichman, with little to lose after public disgrace and a
stretch in prison, confessed, The Nixon campaign in 1968, and the Nixon White House
after that, had two enemies: the antiwar left and black peoplewe couldnt make it
illegal to be either against the war or black, but by getting the public to associate the
hippies with marijuana and blacks with heroin, and then criminalizing both heavily, we
could disrupt those communities (Baum). This confession reveals that the true intentions
of the war on drugs were to harm and disrupt groups of people, specifically black people.
The judicial system must lower minimum sentencing for low-level crimes because
of the large role that racial inequity plays in mass incarceration. While only one in every
106 white men 18 or older is incarcerated, one in every 36 Hispanic men over 18 is
incarcerated, and a shocking one in every 15 black men 18 or older is incarcerated
(Combating Mass Incarceration, ACLU). Black men, in fact, are incarcerated at nearly
six times the rate of white men (NAACP). Of the 2.3 million people incarcerated in the
United States, black men make up about 1 million.

Five times as many whites use drugs as African Americans, but African
Americans are incarcerated for drug offenses at 10 times the rate of white men. African
Americans serve almost the same amount of time in prison for a drug offense (58.7
months), as whites do for violent offenses (61.7 months) (NAACP).
Finally, as granted by the Constitution, the U.S. president has the power to grant
clemency to a prisoner (Article II, Section II, Clause I). History shows that presidential
pardons heavily favor whites, while blacks have the least chance of receiving clemency
(Linzer & LaFleur).
The mass imprisonment of blacks and other people of color in the American
federal justice system creates large cultural divides and breaks the foundation of trust that
is necessary for general public safety (Clear, 4). Proponents of mass incarceration may
argue that there are fewer numbers of African Americans in prison than whites, but this is
uninformed. African Americans make up only 25 percent of the U.S. population but
roughly 50 percent of the people in prison. The severity of the situation is such that if the
incarceration rates of African Americans and Hispanics were reduced to those of whites,
prison populations would decline by about 50 percent (Austin, 13).
Mass incarceration has led to a vast increase in state spending. In 2007, states
spent more than $44 billion on incarcerationa 127 percent jump from just 20 years
prior, in 1987. In comparison, during that same time period, state spending on higher
education rose only 21 percent (The Cost of a Nation of Incarceration, CBS News).
Prisons consume a growing portion of the $200 billion America spends on public safety.

The United States spends $80 billion a year on incarceration, and each American resident
is paying about $260 a year (Picchi). According to a The Price of Prisons, a report by
the organization, VERA Institute of Justice, the cost of incarcerating one inmate in Fiscal
2010 can amount to more than $60,000 a year in some states. Mass incarceration costs
taxpayers about $63.4 billion each year (The Cost of a Nation of Incarceration, CBS
News).
The harsh mandatory minimum sentences tied to many nonviolent crimes,
particularly drug crimes, often cause overcrowding and prison sentences that are longer
than necessary. Mandatory minimum sentences require minimum prison terms for certain
crimes, and are inflexible. Mandatory minimums undermine justice by preventing
judges from fitting the punishment to the individual and the circumstances of their
situation (Sentencing 101, FAMM). These sentences tend to be overly harsh, even for
first-time offenders. For example, the mandatory minimum sentence for a first offense for
distribution ofor even possession with intent to distribute100 kilograms of
marijuana, 500 grams of cocaine, or just 1 gram of LSD, is 5 years. This is even with no
bodily harm or death resulting from the crime. A second offense of this carries a
mandatory minimum of 10 years (Federal Mandatory Minimums, FAMM). Although
these offenders do not pose a severe or immediate threat to the community, they are taken
from their homes and, in some cases, families, for many years for their crimes.
A solution for the problem of our overcrowded, costly prisons is fairly simple:
lower mandatory minimum sentences for nonviolent crimes, particularly drug crimes.

This will allow people who do not pose an immediate security threat to society to still
serve time for their crime, but then be released back into their communities. This is a
viable solution, because it will mean about half of all prisoners in the United States will
serve shorter sentences.
Overcrowding would be reduced due to fewer people being in prison at one time.
State spending for prisons will decrease, as prisoners, serving shorter sentences, will not
have to be financed for as long. Racial profiling will likely continue to be an issue, but
prisoners will serve less time and therefore not have to suffer as harshly the effects of it.
Lowering mandatory minimums will allow us to better direct law enforcement resources
to arresting, prosecuting, and punishing the most serious and violent criminals
(Sentencing Law and Policy). For these reasons, lowering mandatory minimum sentences
is the most realistic and effective way to combat mass incarceration.
Mass incarceration, which contributes to damaged race relations, overcrowded
prisons, and federal overspending, must be curbed in order to restore true public safety
and trust. It has even been proven that prison is not a form of rehabilitation, as two-thirds
of all prisoners will reoffend (NAACP), and while lowing mandatory minimums is a
start, other reforms must be put in place in time, such as a rehabilitation program, for
reoffending drug perpetrators to get treated for substance addictions.

Works Cited
Austin, James. Unlocking America. Washington, DC: JFA Institute, 2007. Print.
Baum, Dan. "Legalize It All: How to Win the War on Drugs." Harper's Magazine: n. pag.
Print.
Clear, Todd R. Imprisoning Communities: How Mass Incarceration Makes
Disadvantaged Neighborhoods Worse. N.p.: Oxford UP, 2007. Print.
"Combating Mass Incarceration-The Facts." Infographic. ACLU. N.p., n.d. Web. 15 Feb.
2016. <https://www.aclu.org>.
"The Cost of a Nation of Incarceration." CBS News. N.p., n.d. Web. 15 Feb. 2016.
<http://www.cbsnews.com>.
"Criminal Justice Fact Sheet." NAACP. N.p., n.d. Web. 15 Feb. 2016.
<http://www.naacp.org>.
"Federal Mandatory Minimums." FAMM. N.p., n.d. Web. 15 Feb. 2016.
<http://famm.org>.
Flatow, Nicole. "Almost Half of Federal Prisoners Held for Drug Crimes." Think
Progress. N.p., n.d. Web. 15 Feb. 2016. <http://thinkprogress.org>.
Linzer, Dafna, and Jennifer LaFleur. "Presidential Pardons Heavily Favor Whites."
ProPublica. N.p., n.d. Web. 13 Mar. 2016. <https://www.propublica.org>.

Linzer, Dafna. "Pardon Attorney Torpedoes Plea for Presidential Mercy." ProPublica.
N.p., n.d. Web. 15 Feb. 2016. <http://www.propublica.org>.
Picchi, Aimee. "The High Price of a Nation of Incarceration." CBS News. N.p., n.d. Web.
20 Mar. 2016. <http://www.cbsnews.com>.
"Sentencing 101." FAMM. N.p., n.d. Web. 20 Mar. 2016.
<http://sentencing.typepad.com>.
"Thirty Years of America's Drug War." PBS. N.p., n.d. Web. 13 Mar. 2016.
<http://www.pbs.org>.

Annotated Bibliography
"Almost Half of Federal Prisoners Held for Drug Crimes." Think Progress. N.p., n.d.
Web. 15 Feb. 2016. <http://thinkprogress.org>.
This helps to show the extent of the number of prisoners held for drug crimes. It
shows that about half of prisoners are held for drug crimes, which is a huge
number of prisoners in the United States.
Austin, James. Unlocking America. Washington, DC: JFA Institute, 2007. Print.
This book published by the JFA institute discusses why mass incarceration and
elevated prison population is a problem. It also suggests ways to reduce
populations as well as discussing the issue of race inequity within the judicial
system and prisons.
Baum, Dan. "Legalize It All: How to Win the War on Drugs." Harper's Magazine: n. pag.
Print.
This article has a direct quote from one of Nixon's advisors saying that the true
purpose of the war on drugs was to criminalize black people. This quote is very
useful, and helps give insight on the true depth of racial profiling within the legal
system.
Clear, Todd R. Imprisoning Communities: How Mass Incarceration Makes
Disadvantaged Neighborhoods Worse. N.p.: Oxford UP, 2007. Print.

This book by Todd Clear was extremely helpful because as well as providing
helpful statistics to show the racial profiling in law enforcement and the negative
impacts of mass incarceration, it also tells how mass incarceration actually makes
communities less safe. It provides information about the resentment many people
of color feel about having family members in prison and about how this breaks
the trust essential to keeping communities safe, and the cycle that occurs.
"Combating Mass Incarceration-The Facts." Infographic. ACLU. N.p., n.d. Web. 15 Feb.
2016. <https://www.aclu.org>.
This infographic from the American Civil Liberties Union provides a visual
representation, and therefore a unique way to interpret information about mass
incarceration. It also provides insight about racial discrimination and profiling in
the law enforcement system.
"The Cost of a Nation of Incarceration." CBS News. N.p., n.d. Web. 15 Feb. 2016.
<http://www.cbsnews.com>.
This CBS News article shows both the extent of overpopulation in the nation's
prisons and the amount that it is costing the government and the average
American taxpayer. It provides statistics to support opposition of mass
incarceration while still being ultimately unbiased.
"Criminal Justice Fact Sheet." NAACP. N.p., n.d. Web. 15 Feb. 2016.
<http://www.naacp.org>.

This criminal justice fact sheet from the NAACP shows the clear racial
discrimination in the judicial system with statistics. It is very helpful for showing
how racial profiling effects prison population.
"Easing Mandatory Minimums Will Not Be Enough." Sentencing Law and Policy. N.p.,
n.d. Web. 20 Mar. 2016. <http://sentencing.typepad.com>.
This source explains why easing mandatory minimum sentencing will not be
enough, and helped me understand the arguments of the opposition and what
exactly mandatory minimums would do, and what they would not. This gave me
far more insight into this argument than if I had just read a source that explained
the benefits of easing mandatory minimums.
"Federal Mandatory Minimums." FAMM. N.p., n.d. Web. 15 Feb. 2016.
<http://famm.org>.
This list of all federal mandatory minimums from FAMM provides data that can
be used to argue the harshness of mandatory minimums for nonviolent, especially
drug, crimes versus sentencing for more harmful crime.
Henrichson, Christian, and Ruth Delaney. "The Price of Prisons: What Incarceration
Costs Taxpayers." VERA Institute of Justice. N.p., n.d. Web. 20 Mar. 2016.
<http://www.vera.org>.
In this report from the VERA Institute of Justice, Henrichson and Delaney gather
information about the harmful effects of prison overpopulation, and what it is

costing the average American taxpayer. This data is necessary to show how mass
incarceration is affecting all Americans, and not just those imprisoned.
"Inmate Offenses." Federal Bureau of Prisons. N.p., n.d. Web. 15 Feb. 2016.
<https://www.bop.gov>.
This unbiased graph from the Federal Bureau of Prisons provides data of the
number of inmates in prison for each offense. It is clear to see on the graph that
the number of people in prison for drug crimes is the majority by a landslide, with
85,569 inmates imprisoned for this offense. This makes it easy to see the effect
that the war on drugs has on prison population and the lives of those imprisoned
for it.
Linzer, Dafna, and Jennifer LaFleur. "Presidential Pardons Heavily Favor Whites."
ProPublica. N.p., n.d. Web. 13 Mar. 2016. <https://www.propublica.org>.
Previously to reading this article, I knew what presidential pardons and clemency
were, but I was not completely familiar with the specifics of them. This article
also showed how bias against people of color does not only occur during
sentencing and with arrests, but continues in prison and when attempting to
receive clemency.
"Pardon Attorney Torpedoes Plea for Presidential Mercy." ProPublica. N.p., n.d. Web.
15 Feb. 2016. <http://www.propublica.org>.
This article from ProPublica brought me closer to the issues that many prisoners
face. Previously to reading this article, I had felt rather detached from these

issues, as they were all numbers on a page to me, but the story of Clarence Aaron
was so personal and helped to realize the injustice of many cases of incarceration.
Picchi, Aimee. "The High Price of a Nation of Incarceration." CBS News. N.p., n.d. Web.
20 Mar. 2016. <http://www.cbsnews.com>.
This article from CBS News explained the extent of how much mass incarceration
is costing America and the average American taxpayer. It is a news source and
uses statistics to explain the argument, so it is fairly unbiased.
"Sentencing 101." FAMM. N.p., n.d. Web. 20 Mar. 2016.
<http://sentencing.typepad.com>.
This source, from Families Against Mandatory Minimums, helped me to
understand fully what exactly a sentence is, as well as explaining mandatory
minimum sentences and how they are harmful. This source, clearly set against
mandatory minimums, was helpful to understand why people are against these
sentences in the first place.
"Solutions." ACLU. N.p., n.d. Web. 29 Feb. 2016. <https://www.aclu.org>.
This source, a suggestion of several solutions to combat the effects of mass
incarceration from the American Civil Liberties Union, exposed me to many ideas
for solutions to this problem, including eliminating incarceration for non-violent
crimes entirely, which I had never thought of before. It also gave me the idea to
limit mandatory minimums by explaining that a step had to be taken to find
alternatives to lengthy sentences.

"Thirty Years of America's Drug War." PBS. N.p., n.d. Web. 13 Mar. 2016.
<http://www.pbs.org>.
This PBS article, which shows a timeline of America's drug war over 30 years,
displayed to me the history of the issue and the deep-rooted aversion many
Americans have against drugs. It also showed me how the Nixon administration
ended up announcing the war on drugs, and what the circumstances were leading
up to it.