Crime and Punishment

Crime and Punishment

When examined loosely, crime and punishment seem to be simple matters. After all, one commits the crime and is expected to suffer the consequences. However, when examined closely, crime and punishment involve multifaceted problems that are rarely addressed. While reading about the Texas justice system, it becomes evident that serious ills ail its structure. For this reason, it is essential to explore the problems in the justice system in regards to mass incarceration, racial disparities in sentencing, emphasis on punishment rather than rehabilitation, violation of human rights for ex-convicts, and disregard of mental health issues.

Texas is one of the states with the highest number of incarcerations. Statistics show that as of July 2016, Texas inmate population was at 146,843 (Ragland). This is a staggering 780 individuals jailed per 100,000 people of all ages (Ragland). Ill-advised policies are responsible for the high rates of incarceration. TEDx Talks notes that the “three-strikes” law contributed to the increase in the prison population for the past two decades. The law requires an individual to receive mandatory life in prison if one had a previous conviction for a serious felony or has more than one felony conviction in the federal or state courts (Sutton 38). Rather than deter crime, such laws have contributed to mass incarnations, especially for non-violent crimes.

Racial inequalities also pose a serious problem in the Texas prison population. TEDx Talks states that the United States criminal justice system overwhelmingly incarcerates poor people of color. The same trend appears in the Texas correctional facilities that are overrepresented by black and, to a lesser degree, the Hispanic populations (Ragland). In most cases, African American youths and adults become targeted by law enforcement agencies where they are often stopped, frisked, and interrogated. African Americans are five times more likely to be stopped by law enforcement officers compared to white individuals (Sutton 44). Bookman narrates a case in the Texas court of Andre Thomas, who was about to be executed because the jurors were biased because he was a black man who had killed his white partner and children. Such racial inequalities create animosity between the police and individuals from black neighborhoods. Young people from such communities grow up in fear of law enforcement agencies or expecting to be incarcerated at any time.

The criminal justice system also escalates the problem by focusing on punishment rather than rehabilitation. TEDx Talks claims that the design of the “war of drugs” rewards law enforcement agencies that lock up the most ‘criminals.’ This finds many people with minor drug offenses locked up in jail for many years. Given that the emphasis is on incarceration, a lot of money is directed towards that direction, leaving very little for rehabilitation. Texas has high recidivism rates, with 21.4 percent to 44.3 percent of inmates released from prison going back within three years (Statistics). These statistics indicate that Texas does not have a stable rehabilitation program that can promote the welfare of inmates when they are released.

Another major problem with the justice system is the disregard of human rights for ex-convicts. Just like the rest of the country, Texas contributes to the stripping of the dignity and rights of individuals released from prison. TEDx Talks argues that in Texas, ex-convicts do not have a right to vote or serve on juries. Also, ex-convicts are required to state their previous convictions when completing forms for employment, education, and housing (Walpin). These are punitive measures that condemn inmates for the rest of their lives because most employers or landlords do not accept applications of people with a criminal record. In most cases, ex-convicts live as second-class citizens because they do not enjoy fundamental rights and freedoms guaranteed to other Americans. This can explain the high rate of recidivism in Texas because most go back to criminal activities to survive.

It is also common to see criminal justice punish people with mental health problems. Bookman argues that Andre Thomas’s mental health appeal remained largely ignored because of his race. Even with overwhelming evidence of mental health problems from childhood to his time in jail, Texas courts continued to push for his execution (Bookman). Many cases, such as these exist in the justice system because little effort is put into considering the needs of criminals with mental health problems. Many are shunned away as liars or hiding behind the guise of a mental disorder to get lesser jail terms. Texas justice systems need to be more proactive in addressing mental health issues to avoid the risk of incarcerating or executing those who have no power over their actions.

Conclusion

While many assume that crime and punishment can easily be explained, the justice system is complicated by structural and social problems. Cases of mass incarcerations exploded in the last few decades because of poorly structured policies. Further, the overrepresentation of minority races in Texas correctional facilities also reveals racial bias in the criminal justice system. Rather than focus on rehabilitation efforts, the system is designed to encourage more convictions at the expense of human rights. Texas needs to evaluate many of these issues that cause many to lose faith in the criminal justice system.