Historical Roots of Incarceration

Prior to the American Revolution, a majority of colonies used confinement in prison dungeons and jails to house individuals awaiting trial. Once a verdict was delivered, a person found guilty was punished in one of the following ways: fine, public shaming, public chastisement, or death. In 1790, the Pennsylvanian Quakers established the first American prison, Walnut Street, which became used as a form of punishment rather than temporary confinement. Due to the success of the Walnut Street prison, New York reduced capital crimes and built the Auburn prison. While the Walnut Street prison prohibited inmate interaction, the Auburn prison congregate system allowed inmates to work alongside one another silently during the day and confined them to solitary confinement at night. Critics of both prison systems argued against the lack of inmate interaction. This caused prisons to revoke the ban on speaking by the 1850s. 

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After the ratification of the Thirteenth Amendment, the 1860s saw a disproportionate number of black people incarcerated in the south. Newly freed slaves became victims of convict leasing, a legal way to arrest individuals, sentence them to labor, and then lease that labor to private establishments. In the 1871 case, Ruffin v. Commonwealth, the Virginia Supreme Court declared an inmate a “slave of the state” with rights only given to them by the state. Convict leasing was outlawed in 1928. 

Until the late 19^th century, prisons were run solely by state governments. However, after the Three Prisons Act of 1891, the United States authorized three federal prisons to run with limited oversight by the Department of Justice. In 1930, the Bureau of Prisons was created to “assume oversight, management, and administration” of all federal prisons at the time. They now operate 122 federal prisons. 

Alternatives to Incarceration

Known as the “Irish system,” indeterminate sentences provide a range of imprisonment for certain criminal offenses. In the 1800s, inmates who maintained good behavior and hard work were released sooner and those who did not had prolonged sentences. In 1907, New York established the concept of parole after indeterminate sentences proved to be successful in decreasing crime. In the current system, an inmate may be released under the supervision of a parole officer if they have observed the rules of the prison, are not a danger to the public, and are unlikely to commit future offenses. The creation of parole established more alternatives to incarceration: 

1. Probation releases a defendant into society with restrictions set forth by the court, and under the supervision of a probation officer, in place of imprisonment. If the individual violates their probation, they may be sentenced to imprisonment.
2. Community service is unpaid work designed to benefit the community that has been harmed by the individual’s actions. Community service is commonly sentenced alongside other forms of punishment. 
3. Home Confinement, commonly known as house arrest, requires people found guilty to wear an ankle monitor that ensures they remain at home and in certain pre-approved areas for the duration of their sentence. 
4. Fines require the defendant to pay a fee depending on income and seriousness of the offense while restitution requires the defendant to pay for a victim’s costs as a result of the crime. 
5. Treatment programs are court-supervised health programs that provide services relating to mental health and drug dependency. People who committed sex offenses are commonly placed on probation and ordered to complete sex offender treatment. 

War on Drugs

After Nixon declared a “war on drugs” in 1971, many reform acts were established in order to reduce illegal drug use and trade. The 1984 Sentencing Reform Act abolished federal parole, reduced good time, and established determinate sentences. The 1986 Anti Drug Abuse Act established minimum sentences for criminal drug offenses and raised funding for drug enforcement. As a result of the “war on drugs” reform acts, the incarcerated population ballooned, leading to higher costs and overcrowding. To solve the overcrowding problem private prisons were created in the 1980s. Now, the United States has begun to pass reform acts to reverse the effects of the late 20^th century “war on drugs.” The Fair Sentencing Act of 2010 reduces the penalties for crack cocaine offenses. The First Step Act of 2018 shortens the mandatory sentences for minor drug offenses and requires the federal “three strike rule” to impose a 25-year sentence instead of a life sentence after three convictions.