User:Howell25/Incarceration Rates

Incarceration rates differ markedly between different countries.

The United States
The prison population of the United States has been estimated as high as 1 out of every 100 adult persons. , a prison population well above average. The median number of prisoners incarcerated in each of the countries studied by the International Center for Prison Studies in London, England, is only a 1/6 of the number of prisoners incarcerated in the United States. There are several theories as to why the prison population is so large in the United States compared to other countries.

The Three Strikes Rule
One reason why the United States' prison population is so staggering is the continued implementation of the three strikes rule. This rule, which was passed by national statue in 1996 has also been adopted in one form or another by several U.S. States. Not only has this legislation upped the U.S. Prison population, but has also lead to an increase in middle aged and older prisoners.

Drugs and Incarceration
Many prisoners are incarcerated for non-violent and drug offenses. Since 1980 the amount of people incarcerated from drug-related offenses has gone up a staggering 12.5 times the number incarcerated for the same offenses in 1980.

The United States Tradition of Elected Judicial Officials
Unlike most of the rest of the world, many judicial officials in the United States are elected by popular vote. There are 38 states that elect at least some of their judicial officials. Many of these races are even run on partisan lines. This means that judges have to vie for public support to be reelected each term. In general, since higher incarceration rates lead to lowering the crime rate, the public tends to sway judicial officials to get “tough on crime”. This leads many judges to impose longer and harsher sentences than they otherwise would.

Race Relations
Since the Civil Rights act of the 1960's, there has still been a disproportionate amount of minorities being incarcerated in the United States. The amount of minorities incarcerated is not even close to their respective representation in the general populous. Minorities also tend to receive harsher and longer penalties than their Caucasian counterparts.

Racial Relations
Aboriginal people continue to account for a disproportionate percentage of the inmate population in provincial and federal institutions. Less than 4% of the population in Canada is aboriginal, yet they represent 17% of all provincial inmates in custody and 13% of all federal prisoners.

Trial Procedures & Sentencing
Several initiatives in Canada in recent years have helped to lower the incarceration rate. Compared to several European countries, Canada has a relatively high incarceration rate, but not nearly as high as the United States. One such initiative, the Youth Criminal Justice Act, aims at upping the amount of probation that gets dealt out as opposed to incarceration. Although this initiative leads to a lower operating cost for the jail system, some critics oppose this bill as letting kids “off the hook”. National laws in Canada also mirror the three strikes law in that there is mandatory minimum sentencing for certain offenses.

Prison Structures
Compared to countries previously discussed, Finland has a very small prison population. Finland's incarceration rate is only 52 per 100,000 people. Many factors have contributed to this lower incarceration rate. The way that their system is structured, prisoners receive much less time behind bars and many “perks” when they are behind bars. Some prisons have very few guards. Furloughs are more common than in the United States and prisoners are able to study at any educational level. Some prisons are even “co-ed” and allow male and female prisoners to live together. This system has only been in place for approximately 35 years when the country made an ideological shift from tough sentencing to more light sentencing.

Sentencing and the Courts
Among the reforms were laws allowing repeat criminals to be held indefinitely were changed to apply only to dangerous, violent offenders. The use of conditional sentences (in which offenders avoid prison if they obey certain conditions) was greatly expanded. Community service was introduced. Prisoners may be considered for parole after serving just 14 days; even those who violate parole and are returned to prison are eligible for parole again after one month. And for those who aren't paroled, there is early release: All first- time offenders are let out after serving just half their sentences, while other prisoners serve two- thirds. Criminals aged 15 to 21 can only be imprisoned for extraordinary reasons -- and even then, they are released after serving just one-third of their time. Children under the age of 15 cannot be charged with a crime. The creation of sentencing guidelines that set shorter norms for offenses has reduced the incarceration rate and unlike most of the United States the judges in Finland are required to follow these guidelines.

Historical Factors
China's socialist history has had a great impact on its criminal justice system and by proxy its incarceration rates. One of the goals of China in relation to who it incarcerates is to protect the ideals of the socialist state. That involves a sentencing of active political commentators that oppose Chinese ideals. Article 28 of the Chinese Constitution stipulates that "The State maintains public order and suppresses treasonable and other counter-revolutionary activities; it penalizes acts that endanger public security and disrupt the socialist economy and other criminal activities, and punishes and reforms criminals. Many of the human rights guaranteed to United States citizens through the trial process are not granted to Chinese citizens.

Sentencing and Prisons
Any person that is sentenced to jail is required to preform labor at that jail as long as he or she is physically and mentally able to do so. If a prisoner is sentenced to death and he or she is truly found to be “reformed through labor”, his or her sentence may be reduced to life in prison.Although China claims that they no longer hold “political prisoners” they can take people to re-education through labor facilities for vaguely defined crimes.