Sociology of Criminal Punishment Examination

2. Prison Overcrowding is a significant issue facing California. What strategies would you suggest addressing this issue? Do you think changes made by the realignment bills recently signed into law will effectively address overcrowding while maintaining public safety? Fully explain your answer.

California is a long strip of land on the pacific coast of the United States that matches the size of 8-9 states on the opposite coast. The population of California is 37,253,956 as of 2010 with 61.6% being white, 37.6% being Hispanic or Latino, and 7.2% African American. Known as the golden state, it is one of the most progressive societies in the world. California is known for its sunshine, golden beaches and landmark cities. Unfortunately, there is a deep policy issue that has resulted in significant externalities that burden California, and essentially all other states across the nation. 

The policy issue specifically is drug prohibition through the Federal Controlled Substances Act of 1970. The act makes marijuana, MDMA, Psilocybin mushrooms and other drugs that have a recorded medical history illegal, while pharmaceuticals with dangerous side effects, chemicals and insecticides, tobacco and alcohol are legal. Even oxy-cotton, essentially synthetic heroine, is legal under certain circumstances. Anyone found producing, trading and in possession of the drugs under the controlled substances act can be arrested and convicted of a serious offense with serious consequences. A surprising fact about drug prohibition is just how legal it was. The first drug law in the history of the U.S. was in Jamestown Colony 1609 that ordered farmers to grow hemp (cannabis, marijuana) for its various uses. It has only been about 70 years that marijuana made illegal, and through discriminatory reasons. Building up to the “War on Drugs”, our government now imprisons our people for providing what was ok to provide hundreds of years ago (Harvey).

Because of this unjust policy issue, the California prison systems are among the most overpopulated in the country. Prison sentencing appears to be out of control. The California State Prison System contains 170,588 inmates as of 2007, almost as many as the Federal Prison System with about 194,000 inmates. California has a diverse prison population because of the diversity in its population and the wide range of issues affecting each demographic of the population such as immigration and drugs. Hispanics are fairly represented in prison with 37% of the inmate population. However, whites being 61.8% of the population and 7.2% of the population respectively, there is unequal representation in prison as each hold about 27% of the prison population. In short, more African Americans and less Whites are in prison than there should be. The prison population in California increased 500% from 1982 to 2000, mostly because of the “War on Drugs”.

As the movie The Union: The Business Behind Getting High suggests, the prohibition of marijuana and other drugs was caused by discriminatory yellow journalism depicting blacks and Hispanics committing such atrocities as “smoking and selling marijuana, playing devils music and looking at a white woman maliciously”. Because of these stereotypes, in a predominantly white, Christian society, the possession production and use of drugs became illegal (Harvey). The Federal Controlled Substances Act of 1970 came right after the Civil Rights Movement of 1964 which can be described as an attempt to create modern day slavery. An article discussing how the “War on Drugs” is working out in California shows some very basic trends: 1. The prohibition is not stopping people from entering the drug market and 2. The prohibition in itself is the root cause for people committing other property and violent crimes as well. All in all, the California Prison System is an elaborate 1$0.4 billion a year industry than over incarcerates minorities while employing and creating profit for its predominantly white administration.  

To address this pressing issue affecting not only California, but many other places across the nation, a rethinking of drug prohibition in the United States is necessary. California is known for its mass production of cannabis, despite the federal ban on the plant. Also, the people who want drugs like cocaine and crystal meth are going to get it no matter what. However, there is a difference between naturally occurring and simple drugs like marijuana, Psilocybin mushrooms and pure MDMA in contrast from manufactured crack cocaine and crystal meth. The purpose of law is to protect the people and their property. Therefore, drugs that due clear physical damage to the body such as crystal meth, crack cocaine, and even tobacco should be banned under law. However, harmless recreational drugs that do not damage the body physiologically and do not cause people to overreact on drugs should be legalized and all of the people incarcerated for its possession, trade or production should be released. In the federal prison reserve system, 96,400 us of 194,000 inmates in the Federal Prison System were incarcerated because of drugs. Being almost 50%, this general statistic is true for most prisons across the US. 

It is clear that the prohibition of drugs results in the incarceration of thousands who engage in the trade. Meanwhile, the drug cartels organizing the trade and the prison administrators designing the system both make millions upon millions of dollars. The drug organizations make money from the elevated prices in the market while the prison officials make money from taxpayer dollars every fiscal year. Current California prison realignment law focuses on drug dealers and sends them to state prisons instead of county jails. This policy simply furthers the injustice and damage of the current system. Drugs are still illegal, so organized crime syndicates will continue to profit immensely from its trade, even if lower level associates kill each other in the streets because of it. Also, with the officials of the prison industry have profits to be made from the further incarceration of people, can it reasonably be expected what is best for the people will take place? Or is what is best for the profits of the participating parties likely to take place. The answer is likely the latter. 

If California truly wishes to move a step forward, perhaps they should consider the full legalization of drugs that are shown not to have harmful physical effects on the body as tobacco, alcohol, aspartame, MSG, and all other “drugs” considered legal by the majority society. Dangerous drugs should continue to be banned because their existence certainly does harm society and the public order. However, less damaging recreational drugs widely used by a percentage of the population should be legalized. Immediately this would result in a significant portion of the prison population being released because what they were incarcerated for was never supposed to be illegal in the first place. With half of the prison population released in the double overcrowded California prison system, the ratio of facilities to inmates will balance out and the California Prison system will be restored to the true intent of a criminal punishment system; to protect people, property and the social order (not further profits of a few select individuals or groups).

3. There has been an apparent rise in the number of women under the authority of corrections. Offer several explanations for this change in female criminality and/or any changes in the punishment of women. How has the corrections system responded to this growth? Please include in your answer any unique challenges women present to the prison administration. 

There are several explanations for the apparent rise in the number of women under the authority of corrections. A possible notion is the idea that with a corrections and disciplinary system come the ideas of control and obedience. It was made clear in the previous question that certain parties are making masses of profit through the prison and drug industries backed by the prohibition of certain widely known drugs. Meanwhile, government lobbyists like Monsanto and the Tobacco and Alcohol Industries are legally allowed to feed the nation’s consumers chemicals to addict them and damage their health until inevitable death. 

It is because our criminal system has alternative motives and incentives that there is a rise in both women and men in the authority of corrections. Simply put, if there were no drugs to get in trouble for, no one would be in trouble. It is agreed that certain drugs are bad. Crack cocaine, methamphetamine and other synthetic, man-made drugs physically damage the nervous system causing harm to the consumer and those around them. Thus, they should continue to be banned. Certain prescription drugs such as Xanax, Percocet and oxycodone are just as, if not more, harmful then these streets, man manufactured drugs. These artificial drugs are in contrast with naturally occurring psychoactive chemicals. These drugs include, marijuana, psilocybin mushrooms and peyote. And while anything consumed in too much is bad, each of these drugs has an extensive documented history of use by societies around the world. The first law enacted in the US was a law in Jamestown Colony 1609 that forced farmers to grow hemp. One of our greatest founding fathers and first presidents of the United States, George Washington, writes in his diary about regretting not separating the male hemp plants from the female hemp plants, indicating that he was interested in harvesting and growing the flower, marijuana. 

Marijuana is a flower of the cannabis plant containing the chemical tetrahydrocannabinol (THC). THC is the primary psychoactive ingredient in the cannabis plant. When consumed with heat, the psychoactive effects begin to take on the brain. The effects include a slight distortion, a mild sense of euphoria, and a faster metabolic rate as the body is riddled with tons of cannibal receptors known as CB1 and CB2 in the brain, back of the neck and stomach. It can be said that marijuana can be one of the sources for the progressive, liberal thinking of our founding fathers as they sought independence from Great Britain in 1776. As our country was formed, our constitution was created to ensure that the government does not play an extensive role in regulating unnecessary matters. However, our society was still based on racism, segregation and discrimination for years to come. As African Americans won their freedom with slavery, the right to vote (along with women) and the right to protection from discrimination, prejudice forces against them were quick to react institutionally. The result is not just a policy that affects African American’s, but women as well. 

The prejudice, racism and sexism of our country is evident through its rigorous past. The first-class action sexual harassment lawsuit is as recent as 1970-1990 in the case Jenson v. Eveleth Mines. And until as recent as 1964, African Americans were not allowed to sit in the front the same bus or attend the same schools as white people. Now, it is also clear and evident that there are parties benefitting from the prison system and incarceration of people, despite our founding fathers intending life, liberty, and protection from unnecessary government control. The reason there is a policy that prohibits the possession of common natural drugs that perhaps stimulate thinking is because there is money to be made off of the masses with such a policy. It is also backed by propaganda of how dangerous these drugs can be even though they have been in use for thousands of years as documented through archeological evidence. 

To put it all together, because there are entities with profit opportunities with such a policy as the Federal Controlled Substances Act of 1970, such a policy exists. The concept of liberty entails being able to do whatever one wishes to do as long as it does not bring harm to himself or herself or another individual. It is because there is a clear contradiction between the initial intent of our justice system (justice and equality as the sole motives), and the current criminal justice system (with profit and oppression as the sole motives) that there are more women, and people in general in the prison system, and growing each day. More people are in prison because of drugs, men and women. If such a policy were nonexistent, the only people that would be in prison would be violent crime and property offenders. Instead, marijuana and psilocybin mushrooms are illegal while Monsanto is allowed to put tons of artificial chemicals in our foods. 

An article titled Women in Prison: A Fact Sheet discusses “The Issue: Sentencing and The War on Drugs”. It also discusses “Powerlessness and Humiliation”, “Retaliation and Fear”, and “Impunity” as some of the top challenges for women in the prison system (Amnesty). A heavy majority of women in prison are in because of the drug war that seemingly contradicts our country’s founding principles. Once in the system, they are essentially stuck and left to deal with what can be labeled as cruel and unusual punishment. Poor, small, innocent women are unable to match the 70% male guard staff, sexual harassment from other female inmates incarcerated for violent crimes, and ineffective formal procedures and legislation. 

In short, the primary cause for the apparent rise in females under the corrections system is the seemingly unjust “War on Drugs” and anti-drug legislation. Because this industry is backed by the incentives of profit, it does not matter to the officials if the women affected are harmed. Because natural drugs like marijuana and psilocybin mushrooms are illegal, but alcohol, artificial painkillers and food chemicals are legal, a majority of these females through tough childhood conditions develop a cycle of bad habits. All of these females’ problems could be solved with proper therapy and rehabilitation with the use of psychology and perhaps natural psychoactive drugs. But there is too much profit to be made for the white male parties responsible for the system we have today. And because there is too much money to be made for all of those people, natural and most beneficial drugs remain illegal resulting in more and more women incarcerated everyday. 

To conclude, an article titled One Year of Prison Costs More than One Year at Princeton starts off with the quote “One year at Princeton University: $37,000. One Year at a New Jersey state prison: $44,000” (Resnick). It is important to know that a year at a university is more than just study, it involves living in a college environment with proper food and beverage outlets etc. If each woman in prison were instead offered a year at a university, they would have to rent an apartment and have money allocated for meals everyday. Instantly, the rigorous process of life, growing up, and surviving that resulted in the incarceration of most women in the prison system would be solved and these women could settle and focus on their education and futures. Instead, the $44,000 is invested in housing the women in concrete cells with slop for food because there is money to be made off of the officials and suppliers of such an institution. 

Works Cited

Amnesty International USA "Women in Prison: A Fact Sheet." PrisonPolicy.org. Amnesty International USA, n.d. Web. 14 June 2013. <www.prisonpolicy.org/scans/women_prison.pdf>.

Clear, Todd R., and George F. Cole. American corrections. 2nd ed. Pacific Grove, Calif.: Brooks/Cole Pub. Co., 1990. Print.

Harvey, Brett The Union: The Business Behind Getting High. Dir. Brett Harvey. Perf. Adam Scorgie. Phase 4 Films, 2009. DVD.

Resnick, Brian. "Chart: One Year of Prison Costs More Than One Year at Princeton - Brian Resnick - The Atlantic. Web. 14 June 2013. http://www.theatlantic.com/national/archive/2011/11/chart-one-year-of-prison-costs-more-than-one-year-at-princeton/247629/>.