Khaled Elsharkawy
Issues of Minority Overrepresentation of
California Prison Populations
The Number of
Prisons: According to
the Department’s official Web site, “The Department encompasses 33 adult
institutions, 46 conservation fire camps, nine community correctional
facilities and five juvenile justice facilities and five contracted
out-of-state facilities in three states.
There are approximately 168,000 adult inmates and 1,400 juvenile
offenders whom the CDCR oversees. Statewide there are 190 parole units
supervising nearly 118,000 parolees” (CDCR, 2013).
Respective Levels: According to The California
Department of Corrections and Rehabilitation (CDCR, 2013, A)each prison designed to accommodate different types of criminals, prisoners from the first level
to the fourth which is the highest level for dangerous prisoners (1) the first
level includes dormitories with oceans open, (2) the second level includes
dormitories open with fences around and armed coverage, (3)
The third level includes individual cells, fenced oceans, and armed cover, and
(4) The fourth level includes perimeter cells gated, mail security, and more Latches for security both inside and outside the
installation (CDCR, 2013).
The
minority overrepresentation: A high proportion
of minority representation
in California prisons. African Americans make up 6.5% of the state's population
but 21.7% of
felony arrests and
29.7% of the
prison population. White constitute 47.1% of the
population, but only 35.7% of felony arrests and 28.7% of
the prison population. Latinos makes up 32.6% of the state's
population, but 37.0% of felony arrests
and 34.1% of the population. Other minority constitute
13.8% of the population, but 5.6% of felony arrests and 4.0% of the prison
population (Hayes, 2012).
Arbitrary and
discriminatory sentencing practices: Growing concerns about inequality, discrimination, and unfairness in sentencing led to carry
out significant reforms
since the mid- 1970s and has continued until today.
The first focus of
reform efforts was indeterminate sentence which a judge to
impose the rule of the minimum and
maximum as well as conditional release (Gill, 2009) .
The use of mandatory minimum sentences is an
ongoing human rights violation in The U.S A penal system.” Lengthy mandatory
minimum sentences are cruel, inhumane, and degrading because they obliterate
individualized justice, the bedrock of any fair sentencing system “( Gill, 2009)
The
Supreme Court ruled continuously legislators
and judges considered ample space
for the imposition of sanctions
they deem appropriate
- short of
death - without
much judicial supervision by the Supreme Court (Grosskreutz,2004) . In Lockyer v. Andrade,538 U.S. 63
(2003) the Supreme Court held that sentencing a convict under the
California three strikes law for fifty years for two county of petty theft (
$153 worth of videotapes) was not contrary to Supreme Court jurisprudence . “Consequently, a petty theft with a prior conviction should not
trigger the three strikes law as a felony because the prior conviction
provision should only be a sentence enhancer for Andrade's misdemeanor conduct
of petty theft” (Grosskreutz,2004)
Minority
Overrepresentation and Discriminatory Sentencing Practices in California
The special
prison populations in California: The California Penal
Code § 6267 allows California Department of Corrections &
Rehabilitation (CDCR) to contract with public
or private entities
to establish nursing facilities and special care
for inmates who (1) have a limited ability to everyday
life (2) Special Needs and Nursing Services.
The state has built
1,722-bed prison in Stockton to care for medically infirm prisoners, including those who suffer from Alzheimer's
disease and mental illness (CDCR, 2013). The California Medical Facility (CMF) in Vacaville is One of the largest prisons in California
has its largest hospital
includes the oldest and sick prisoners (CDCR,
2013).
In
Coleman vs. Wilson, (1992) the Court ruled that prison officials
violated the cruel and unusual punishment clause under the Eight Amendment of
the Constitution because they did not provide adequate mental health care
(Chang, & Robinson, 2011). “The Court approved CDCR's plan for providing
mental health care. That plan is now set forth in the “Mental Health
Services Delivery System Program Guide.” The Court also appointed a
Special Master who, among other things, monitors and reports on CDCR’s
compliance with the mental health Program Guide” (CDCR, 2013).
Central California Women's Facility which is located in Chowchilla provides academic education, vocational training, and
counseling for the purpose of reintegration into society successfully. The facility's specialized mental health and medical services are
commensurate with community standards, providing a licensed medical environment while encouraging personal responsibility (CDCR, 2013).
The first and fourth amendment rights of prisoners: In the early 1960s there were many difficulties facing Muslim prisoners incarcerated in the state of California, where were Muslim consider an
unfamiliar religious group ( Smith, 2006) . In Fulwood
v. Clemmer (1962), a federal district court decision from the District of
Columbia ruled that by allowing some religious
groups to hold religious services at state expense while denying this right to Muslim prisoners at these prison
officials may be practiced discrimination against Muslim prisoners. in O'Lone
v. Shabazz (1987) the Supreme Court ruled that prison officials acted in a reasonable manner and does not violate the First Amendment when it did not allow Muslim prisoners in the presence of religious rites on Friday afternoon, because allowing them to exercise their religious rights at that time will have a negative impact
on the operation of the prison (Hench, 2009). The San Bernardino County Jail, in California, was compelled to
accommodate religious head coverings in addition to paying a monetary
settlement after being sued by a female inmate barred from wearing her head
covering (Hench, 2009).
Cooper v. Pate (1964) decision for the first time explicitly allowed state
prisoners to file federal litigation under the Civil Rights Act. This opened
the door for litigation challenging restrictions on prisoners’ exercise of
religion (Han, . Since 2004, CDCR is
barred from enforcing any policy prohibiting prisoners from receiving e-mail (Han, . In Coleman vs. Wilson
(1992), a lawsuit which alleged that California’s prison system’s mental health
services were so bad they constituted cruel and unusual punishment (Chang,
& Robinson, 2011). Hudson v. Palmer, ( 1984) the Supreme Court upheld the right of prison staff to
search a prisoner's cell and seizure of property without violating the Fourth Amendment, because the recognition of the privacy rights of prisoners in individual cells cannot be reconciled with
the concept of the prison and the needs and objectives of penal
institutions (Chang, &
Robinson, 2011).
The
Eight Amendment cruel and unusual punishment: The
Eighth Amendment prohibits excessive bail, excessive fines, and cruel and
unusual punishments (. In Jackson v.
Bishop, (1968) the 8th Circuit U.S. Court of Appeals prohibited corporal
punishment in prisons. Ewing v.
California, (2003) ruled that the three strikes laws
serve the goal of
deterring legislator and incapacitating repeat
offenders and do not
violate the Eighth Amendment of
the Constitution, which prohibits
the imposition of
the sentence that is disproportionate to significantly with the
severity of the crime (
Juvenile
offenders who sentenced as adults: The juvenile justice system in
the state of California is
different from the
criminal justice system for adults. This is
because the community is aware that many of the juveniles need to
be treated differently from adults. Generally, juvenile system
focuses on treatment
and rehabilitation, while the adult system focuses on
punishing criminals. Like many of
the states, California
allows the transfer of young offenders, which over the
age of 14 years who are tried as adults and sentenced to life in adult
institutions. Any minor 14 years or older has serious crimes can be tried,
convicted, and sentenced as an adult (CDCR, 2013).
According
to California Department of Corrections & Rehabilitation (Division of Juvenile Justice) DJJ home page “Youth
are assigned living units based on their age, gender, risk of institutional
violence and their specialized treatment needs? The population in each living
unit is limited and staffing levels ensure that each youth receives effective
attention and rehabilitative programming” (CDCR, 2013).
Multidisciplinary
Theory Pertaining to the Etiology of Criminal Behavior
Sentencing
guidelines: The Federal
Sentencing Guidelines are the rules
that determine the
government's policy of individuals and organizations
convicted of serious
crimes from the category
of felonies and misdemeanors. This guideline applies to Class A
misdemeanors and does
not apply to less serious misdemeanors (USSC, 2012).
According to ( Georger, 2007)the Supreme Court addressed two issues: (1) whether the federal
sentencing guidelines impermissibly conflicted with the Sixth Amendment right
to a trial by jury by allowing a judge to impose a higher sentence based on additional
facts; and (2) that if the Federal Sentencing Guidelines were ruled
unconstitutional, whether they could be saved from dismemberment by eliminating
language that made them mandatory (.
Pursuant to California's determinate sentencing law ("DSL"), the
offense carried a punishment of imprisonment ranging from a low term of six
years, to a middle term of twelve years and an upper level of sixteen years.
The trial judge was required to implement the middle-term punishment
"unless the judge found one or more additional facts in aggravation"
or mitigation ( Georger, 2007).
Three strikes and habitual offender laws: Three strikes law has been enacted by lawmakers on the federal and state levels. Three strikes laws require judges to sentence the offenders with three convictions to lengthy prison terms of up to life. The three strikes law has been enacted on the belief
that crime is still growing and that in response to the difficulty of reducing crime rates. Three strikes laws are based on the assumption that three times the offender has demonstrated an inability or unwillingness to comply with the laws of society and should be jailed for a long time or a lifetime. Habitual offender is a person who goes
back to commit
the crime again and that he had committed
in the past. Most states have laws and rules target
perpetrators usual these laws were specifically designed to strengthen the warning or penalties or other sanctions. It is
designed to counter criminal recidivism by
prison (Branham, 2009).
Theoretical
Perspectives to Solve Contemporary Problems
According to The California
Department of Corrections and Rehabilitation (CDCR, 2013) over the past years has made huge reform to provide all health care and rehabilitation institutions with
maintaining security and public safety in prisons. Besides that the CDCR uses advanced tools that
provide information, advice, and programs on how to improve supervision
and rehabilitation. The CDCR are also using the latest science to determine the effectiveness of reformist all public safety strategies, reformist, and health care for all prisoners. Finally, the CDCR achieved new successes to improve its ability to provide services to juvenile offenders, the minority population, and victims of crime (CDCR, 2013).
California good
time policy: In an attempt to reduce the budget and overcrowding in prisons the state
legislatures tried to find a way
to achieve this while maintaining corrections public safety. The option was to reduce the
number of prisoners by speeding up the release of the least dangerous prisoners after completed educational programs, training, and participation in productive activities that enable them to return useful to society (O"Hear, 2012). At least 31 states have this incentive, which is called "good time" that reduce the overhead costs and solving the
problem of overcrowding in prison (O"Hear, 2012). According to Jacobs, 2002 there are at least three kinds of good time programs (1) rewards for prisoners who conform to rules and regulations
of the prison, (2) rewards for participating
in educational
programs and productive activities inside the prisons, and (3) rewards prisoners who give blood, a medical topics experimental, or the performance of outstanding services to save the lives of fellow employees or in prison (Jacobs, 2002). Many statutes, however, combine the first two types to entitle decrease the number of days in each month if they do not violate any of the disciplinary rules and participate satisfactorily in the prison
system (Jacobs, 2002).
According
to California Department of Corrections & Rehabilitation (CDCR, 2013) “California are reducing the high cost of prison administration and the
growing numbers of prisoners by addressing the three factors that affect the
size of the population: (1) the length of time for prisoners, (2) training,
education, and rehabilitation that they receive while in prison to reduce the
recidivism, and (3) Services conditional release to help them stay free of
crime and successfully integrate in the society”(CDCR, 2013). California laws permitted
state prisoners to shorten a period their sentences by earning credits good
behavior, participation in work, or participate in the educational
programs (CDCR,
2013). Inmates in California can also earn time off their sentences for
getting training program for disaster-relief and
conservation training (CDCR, 2013).
Parole: The idea of parole in the criminal justice system in the United States of
America in the 19th century. Prison overcrowding has been considered one of the
largest population’s institutional problems. In California, all parolees
who have been released are Subject to supervision the release for a period of
parole. Any prisoner is qualifying for parole has to attend the parole release
study program. During the completion of the
study program the
CDCR inform the parole release in 45 days
before the date of the conditional release of
the prisoner. The
release program study identifies the parolee’s plan for housing, employment, and support while
on parole. The
conditions of parole notified parolee the released on parole terms all the conditions that govern his behavior
while on parole (CDCR,
2013).
California’s
programs of rehabilitation: After
decades of neglect in California prisons has made remarkable progress for
improving rehabilitation programs for inmates and parolees. This emphasis on
rehabilitation is a fairly newly after nearly 30 years of rigor and intensity
in California's prisons (Reiter, 2012). California enacted the necessary legislation
to expand rehabilitation programs for prisoners.
These programs are based on the expansion
of the positive reinforcements to participate in the programs and good behavior of prisoners and parole
systems (Teleki,
Damberg, Shaw, & Williams, 2011).
According to California
Rehabilitation Center (CRC, 2012) there are several rehabilitation
programs for prisoners (1) Vocational
Training programs: auto mechanics, air conditioning, electrical
work, electronics, carpentry, plumbing, and other related technological services. (2) Academic Programs: Adult Basic Education, High School/GED, College Program, and literacy programs. (3) Drug abuse programs: programs that include help prisoners’ participants and guide them in the right direction to lead productive lives far from drug abuse. (4) Other programs: Cal-Trans
and CAL-Fire Crews, Narcotic Anonymous, Alcoholic Anonymous, Anger
Management, Veterans In Prison, Parenting and Toastmasters (CDCR, 2013).
The
Solutions to Contemporary Problem Faced by a U.S. Penal System
The problems facing the penal system
over the nation as well as the state
of California are (1) The problem of overpopulation
in prisons (Overcrowding), (2) the problem of budget cuts,
and (3) prisoners with
mental-health
Overcrowding: There are many problems
that occur as
a result of
prison overcrowding. (1) The high cost of building new prisons: the
annual cost to incarcerate one prisoner is more than $ 22,000 and rising prison
budget is $ 8.2 billion, and there is a need to an additional $ 2.4 billion
dollars to build a new prison to solve the problem of overcrowding. Prisons are
not the only ones affected financially, but also taxpayers. (2) Prison overcrowding leads to
more stress, frustration and anger among the prison population,
which increases the conflict and violence. (3) Overcrowding
leads to reduce
the presence of
rehabilitation programs because of overcrowding of
prisoners take most
of the prison
budget (Sidhu, 2002).
To solve the problem of overcrowding, the state must take some actions (1) the collection and use of data rational to reduce the cost, (2) review and reform of the criminal justice process as a whole of the arrest, the release of
prisoners perpetrators of minor offenses, and investment in the field of crime prevention, (3)improving access to
justice procedures and shorten the stage of pre-trial detention, (4) making special
arrangements for juvenile
delinquents, and (5) transfer of prisoners with mental illnesses and drug addicts to health care programs instead of prison (Clark, 2003)
The budget cuts: The budget deficit makes
California and other states to shut down prisons, cuts
budget, and shift the prisoners, which make
prisons overcrowding. The budget
cut caused in reducing many of the programs that
serve parolees and reducing the health care services (Lewis,
Larson, & kay, 2010). The problem facing lawmakers in the state
of California is how to reconcile
the cuts in the budget with the
mandate of reducing the number of state prisoners making
the grant early
release to nearly
27,000 inmates (Lewis et al, 2010).
Prisoners with mental-health: There are more than 43% of
prison inmates show symptoms of mania,
23% of inmates have
symptoms of major depression, and
24% of prison inmates have
symptoms meet the criteria for mental
disorder. “Female inmates had much higher rates of mental health problems
than male inmates. In state prisons an estimated 73 percent of females had a
mental health problem, compared with 55 percent of males “(Spaulding, McCallum,
& Wilper, Andrew, 2006).
According to Krisberg (2006) Incarceration can address this problem by providing an opportunity to help prisoners who
are living with mental illness, but this tends to be limited assistance. The
fact that there is only a small number of facilities to help inmates of mental
illness engage in public health programs when released so they can continue
treatment.
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