Journal of Catholic Legal Studies

Some Reflections on the Origins and Implications of Mass Imprisonment in the United States

By: Karim Ismaili
Abstract by: Christopher Pamboukes

In this article, Karim Ismaili examines why the imprisonment rate in the United States has risen since 1973.  He argues that the turbulence following the social transformations of the late 1960s and early 1970s caused a backlash against “perceived inadequacies of the welfare state.”  Liberal crime policy thus came under attack.  Ismaili also analyzes the connection between the media’s sensationalized coverage of crime in the 1970s and the steady widespread increase in the fear of crime.  The public's heightened fears coupled with widespread dissatisfaction with liberal criminal justice policy led to the emergence of a “New Right” alternative approach to the crime problem.  This approach, stressing “expressive policies and punishments” over rehabilitative efforts, resulted in an increase in zero-tolerance laws and mandatory sentences.

The article first investigates the dynamics of contemporary prison growth.  It divides the prison growth following 1973 into three separate periods.  The first period, from 1973 to 1985, was marked by an increase in incarceration of marginal felons.  During the second period, from 1985 to 1992, there were dramatic shift towards incarceration for drug-related offenses.  Finally, in the third period, from 1993 to the present, imprisonment rates continue to grow as crime rates decline.  But perhaps the rise in the imprisonment rate is more attributed to changes in sentencing policy than to increases in crime.

Next, the article examines the implications of mass imprisonment on society.  Mass imprisonment has high social costs, including the diverting of funds from education and social policy budgets, the breaking up of families, and “the emergence of a crime control industry whose raw material is crime.”  On balance then, the decline of liberal criminal justice policy and its replacement with a relentless war on crime has proved counterproductive.