Wow, this thread is going 'round in circles.
I think that there are two fundamentally different ideas being expressed here at this point, and mainly expressed by two people - one, as expressed by wring, is that simply locking more people up in general, regardless of whether or not the crime actually deserves prison time, is not helping. The other, as expressed by Jackmannii, is that putting more people in prison reduces the crime rate. Although the debate has centered around the question of whether putting more people in prison in fact does reduce crime rate, the discussion is becoming a bit splintered on differing points, which is why, perhaps, it keeps going around.
FWIW, Jackmannii, correllating a lower crime rate with a higher prison population is spurious and unscientific. While it is emotionally satisfying to see the numbers beside each other, the assertion simply does not hold up under any measure of scrutiny that we have available. As wring has pointed out more than a few times, even looking at a larger timeline will reveal trends in crime and incarceration which are clearly not at all related. Certainly, the correct assertion can be made that putting a criminal in prison will prevent that person from committing crimes on the outside, which is true in a simplified sense, and you have pointed that out more than once. But, one can even look at other countries and their historic eras, and incarceration vs. crime over an extended period, and see that the two are not interrelated. The most influencial factor in crime rates is economics, period. Of course, some of the most orderly societies go above and beyond this question by being tyrannical police states. Since I am assuming that that is not an acceptable solution, the the larger question of rehabilitation still remains.
Aside from serious, habitual and violent criminals, the assumption is that one will not be in prison for life. This assumes, then, that the criminal will have been “taught a lesson,” and will therefore be ready to enter into a free life and assume the responsibilities thereof. The prison system, as it is now run, assumes very little of the role of rehabilitation. There are programs, and some people even end up devout religious followers. But most often the prisons are in and of themselves fostering and encouraging crime. Retribution and vengance is the norm, as is power, and violence, drugs and rape are the tools of the trade. Most prisons are like living in a war-zone area of a big city from which one cannot escape. Many guards are complicitous, and the others who are not are often not in a position to stop it.
Now, there is the argument, which I have heard before, that this is the best environment for the serious criminal, as they deserve what they get. Perhaps. But is it the role or goal of our penal system to create such an environment? And, is it realistic to believe that once one enters the world after being within such a system for years, that a crime-free life will follow?
Now, consider the problem of the casual drug user, or even, for simplicity’s sake, the drug user with no violent tendencies - the average Joe who likes to smoke a joint on the weekends - and let’s say that Joe lives in Nevada. Joe gets busted one night when the cops knock on his door looking for a peeping tom in the neighborhood. The cops smell the joint Joe just smoked, and so can enter and search his apartment under reasonable cause. In doing so, the cops find a quarter bag (1/4 oz.). Under the Nevada state law, Joe, if convicted, will face 1-4 years in prison. Because Nevada changed its drug laws in 1999, probation is not guaranteed. Let’s say the cops also find a scale, which Joe uses to make sure his quarter bag is weighed fairly - he doesn’t deal, but, since it is a black market, Joe wants to be sure he gets what he’s paying for. The cops use this, and the fact that there were a few stray baggies around, as evidence that Joe is dealing. Joe now faces 1-20 years. His property - his house, his car - can be seized without a conviction. He can lose all rights as a parent. Joe never got in a fight in his life. Joe does not have any prior record, not even a speeding ticket. Joe works hard, makes about $16/hour as a mechanic, and he has a wife and child. Joe cannot afford an attorney. Joe is a good father, is well-liked and respected by family and friends, and he works hard so that his family can have a decent life, because he loves them. He likes to smoke joints on the weekends with his buddies, which is not a problem, as they usually sit around and swap stories, maybe watch a movie on cable. They are mellow nights of pizza and settling into a quieter life.
Joes’ public defender tries, but does not succeed, in proving Joe’s innocence - he isn’t really innocent anyway, at least of simple posession. Joe gets sentenced to five years, a lesser sentence because of his lack of criminal history, and because Joe didn’t have much weed on him at the time. At the very least, the judge has to sentence him to one year, but five seems fair for a dealer to him.
I know a lot of average Joes. Among my friends, many fit this profile, and all of my friends are good people, respected, loved. What would prison do for these very upright citizens, who vote, pay taxes, raise loving and successful families, etc.? How will sentencing more of them help anyone?
Devising and implementing rehabilitation that actually works is a necessary step in improving our penal system, as is changing the nature of the prisons themselves. Appropriate sentencing is another very crucial step in dealing with crime and punishment. So far, we are moving away from these objectives, though state initiatives have moved the drug debate into view again, even though the Supreme Court rejected medical marijuana.
This argument really isn’t about drugs per se, but many current sentencing laws tend to satiate the desire for retribution more than they deal with the problem at hand, i.e. the Three Strikes law, which takes all sentencing discretion out of the hands of a judge, and assumes the most horrible motive when it needn’t even be established legally that such a motive exists. Even murder is assigned degrees dependent mostly on intent.
But one thing is crystal clear: imprisoning more people in and of itself is a simplistic and naiive approach, though exceedingly popular with politicos of all stripes. Enforcing laws we do have is generally a good idea, but some laws put average Joe behind bars with Joe rapist and Joe murderer, and sometimes for longer sentences. We need to examine our laws and the fact that their consequences are sometimes far different than what was intended, or perhaps promised.
Now, I know this goes beyond the scope of the incarceration vs. crime stats, but my intent is to show that incarcerating more people based on our penal system and courts’ decisions isn’t the most desireable outcome. I am not at all suggesting we set everyone free, nor do I believe we should simply halt sentencing until it’s perfect. But some of our most vigorously enforced laws with prison sentences are simply not logical laws. We are approaching the horse at the tail end, and we’re not seeing the whole animal. Or duck, as it were.
It is completely natural to desire to live apart from criminals, and to be free from crime in our persons and homes. But the fact is that some people, quite a few, in fact, are being sent to prison for crimes which never deserved a prison sentence, and always in the name of justice, and often to great applause and little effect.
So, I don’t think the question should be, “How do we put more criminals in prison?” I think it should be two questions, “How do we rehabilitate a criminal (or what’s our best shot at it), and how does incarceration affect a prisoner?” If we knew the answers to those questions, or at least if we actively worked on these problems, our prisons might work, and they might house a lot more people who really deserve to be there, and a lot less people in general. I am not for setting murderers and rapists free, but we do that anyway. How about a greater assurance that those who do leave prison are ready to do so? That would make me feel far better than having more people behind bars, given the choice …