Curbing Mass Incarceration by Rejecting Federalism

The United States holds roughly 5 percent of the total world population, but also houses 25 percent of global incarcerated individuals. We have the largest global incarceration rate, which supersedes comparable modern democracies such as England, Canada, and France but also “repressive” regimes such as Cuba and Russia. The United States began suffering from a spike in prison admittances in 1970, and continued along a path of consistent growth until 2008 where the combined state and federal incarceration rate peaked at 536 people per 100,000 individuals.1 The problem is oftentimes misunderstood, and while a common explanation for increased prison population growth is minor drug arrests and minimum sentencing laws, these variables partially create an explanatory relationship. Violent crime rates, outdated and overly aggressive legislation, a “tough on crime” rhetoric, unchecked prosecutors, and a fragmented, federalist criminal justice system create a more convincing argument helpful in explaining mass incarceration. This proposal seeks to build off of momentum generated by a willing public desire to ameliorate mass incarceration by proposing a federal plan to curb prison rates. The proposed bill seeks to complement existing victories individual states have experienced by implementing reformatory policies on a national scale. 1 “Data Collection: National Prisoner Statistics (NPS) Program.” United States Department of Justice, Bureau of Justice Statistics. 2010. Accessed October 5, 2018