Alternatives to Incarceration for High Risk Offenders in the United States
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Date
2022
Authors
Bland, Hannah
Journal Title
Journal ISSN
Volume Title
Publisher
University of Oregon
Abstract
The United States has the world’s highest incarceration rate. Over time, prison sentences have gotten longer through mandatory minimum sentencing laws, which were motivated by policymakers wanting to seem tough on crime. Since then, scholars and activists have challenged these ineffective mandatory minimums, and in turn, alternatives to incarceration have become available for nonviolent drug offenders. Yet, violent offenders make up a majority of the prison system. Further, violent offenders have distinctly lower recidivism rates than nonviolent offenders. My research aims to shed light on what happens after mandatory minimums for violent (high-risk) offenders. First, I outline the context and the theoretical framework that guides criminal punishment. Next, I examine what alternatives to incarceration (ATIs) exist for low-risk offenders, for juveniles, and in other jurisdictions. Finally, I argue that mandatory minimums should be replaced with a sentencing procedure that fits the victim and offender’s needs in each situation, whether that be with a form of probation, restorative justice, or a combination of both. Further, I argue that we can implement ATIs for high-risk offenders by taking the same political route as ATIs for low-risk offenders, which is to reframe the conversation as helping those affected by violence.
Description
Keywords
Mass Incarceration, Criminal Justice Reform, Alternative Sentencing, Probation, Restorative Justice