By: Ria Sodhi
Volume X – Issue I – Fall 2024
I. INTRODUCTION
The US criminal justice system houses nearly 2 million people in 1,566 state prisons, 102 federal prisons, 2,850 local jails, 1,510 juvenile correctional facilities, 186 immigration detention facilities, 82 Indian country jails, military prisons, civil commitment centers, and state psychiatric hospitals. [1] Mass incarceration in the US keeps increasing at ungodly rates. The issue with the system is that it is no longer used for its purpose:to lock up those who commit crimes. Mass incarceration now reflects the system's complexity, arising from a range of factors and components that have made it a symptom rather than a cause. This paper argues that mass incarceration is a symptom of poverty and that, despite laws enacted to support those affected, they fail to endure due to the criminal justice system's vicious cycle. We are now using the system not to keep communities safe but to extract money from those who don't have those financial resources. This leads them to take dire actions just to take care of themselves and their families. Even if those formerly incarcerated make it out and have reformed, they face a lot of hardship and prejudice.
II. FINANCIAL BURDEN OF THE CRIMINAL JUSTICE SYSTEM
The American criminal justice system is rife with fees designed to shift the burden of paying for lawbreaking from the government to those who are accused and found guilty. The vast majority of the millions of Americans found guilty of felonies and misdemeanors each year face financial penalties from the courts. Nowadays, nearly every step of the criminal justice system comes with a cost. The estimated 10 million persons who have dealt with the criminal justice system are in debt to the tune of more than $50 billion. [2] Additional expenses have become increasingly prevalent over the past few decades, including those for police transport, case filing, felony surcharges, electronic monitoring, drug testing, and sex offender registration. User fees are designed to generate revenue, unlike fines, which serve to punish, and restitution, which aims to compensate crime victims for their losses. Due in part to the expansion of the criminal justice system, fees and debts are rising. [3] With 2.2 million individuals incarcerated, courts and all other pertinent organizations have grown as well. The incarceration rate in the United States increased dramatically during the 1970s, far exceeding that of any other country on Earth. [4] In the past 20 years, the number of inmates in the U.S. has increased by around 1.1 million, nearly tripling. This sharp rise reflects deeper systemic issues contributing to mass incarceration.
More than $80 billion is spent on corrections each year, which is roughly equal to the budget for the federal Department of Education. [5] According to a recent study by the Center on Budget and Policy Priorities, spending on incarceration is currently third in most states, after education and health care. Unsettlingly, 11 states actually diverted more general money to the criminal justice system than to higher education in 2013. [6]
III. RACIAL DISPARITIES IN INCARCERTAION
The effects of incarceration are especially noticeable in Latino and African American communities, whose members are overrepresented in jails nationwide. The discrepancy is a result of a wide range of interrelated issues, including policing strategies that focus law enforcement efforts on low- income, minority communities and the socioeconomic disadvantages that those communities' citizens face. [7] In addition, disproportionately more black men are held pending trial due to their inability to pay bail money. Despite having bail amounts comparable to those established for white people, black men seem to be disadvantaged. Due to their greater incarceration rates, they are more likely to be unemployed or in debt, making it harder for them to post bail. [8]
Furthermore, these differences continue during sentencing. Many prisons, courts, and other criminal justice organizations demand fees for the services they offer. Additionally, the majority of jails have agreements with independent phone and video conferencing providers that charge inmates more than the general public. [9] Although they may seem insignificant individually, fees add up. Some customers have been forced to pay penalties and fees totaling thousands of dollars. [10] Even when authorities provide payment arrangements, they frequently demand additional fees and surcharges. The financial outlook for many people leaving jail is rather gloomy when you factor in child support payments, credit card debt, rent, and other living expenses that can build while you're behind bars—often with late fees or compounded interest added on. Additionally, charges could keep piling up even after release. If found guilty, a person may be required to pay restitution. If placed on probation or required to participate in court-ordered programming or treatment, they may additionally be required to pay supervision fees on top of the programming costs. [11] While they recently did away with this, in NY state, incarcerated people had to pay a supervision fee of $35 dollars per month to be on parole (assuming parole was offered). [12] Once their parole was up for review, these payments' consistency was considered. If there was inconsistency, their parole could be extended for a minimum of 2 years. On top of that, there were a variety of barriers already to being on parole, such as curfews, technical violations, and difficulty finding employment. [13] Many people find it impossible to make these payments because those who spend more than a few days in jail, who frequently have low-paying jobs, to begin with, run the risk of losing their jobs and may have a very difficult time finding new ones, especially if they have supervision and programming responsibilities that interfere with the workday. This makes them more likely to end up behind bars again.
IV. THE CYCLE OF POVERTY AND INCARCERATION
Latino and African American communities are disproportionately affected by the criminal justice system, as are individuals with prior misdemeanor convictions. Those who have been incarcerated face significant challenges when reintegrating into society. A large number of formerly incarcerated individuals struggle to secure stable, well-paying jobs, and when they encounter legal trouble again— such as an arrest and the requirement to pay bail—they are often at a disadvantage. Unable to afford bail, many end up incarcerated again, even if they haven’t committed a crime. This cycle affects their livelihoods, disrupts their families, and deepens the barriers to successful reintegration.
Take, for example, the case of Tyrone Tomlin. Though he appeared older than his 53 years, with grizzled white stubble, Tomlin’s criminal record reflected two brief stints in jail during the late 1980s and mid-1990s for felony convictions related to auto theft and drug sales. [14] As a result, he struggled to find steady employment and was often forced to rely on temporary construction jobs to make ends meet. One day, Tomlin was with friends at a local store when he bought a soda. The clerk handed him a straw and placed the soda in a paper bag. After returning to his group, Tomlin was approached by a police officer who asked him to step aside. The officer questioned him about whether he was carrying anything illegal. Tomlin, confident there was nothing to hide, replied "no" and even offered to let the officer search him. Suddenly, Tomlin found himself arrested on charges of possessing drug paraphernalia. When he inquired about the basis for the arrest, the officer pointed to the straw, claiming that, based on training and experience, plastic straws were often used to package heroin residue. Tomlin's criminal history—41 previous convictions—was a significant factor in the officer's decision to arrest him. His case was handed over to a defense attorney, who was presented with a thick file documenting his past offenses and the arresting officer’s report. [15] Given his prior convictions, there was a high likelihood that the judge would impose bail. The assistant district attorney (A.D.A.) offered Tomlin a plea deal: 30 days in exchange for a guilty plea. Tomlin refused, prompting the A.D.A. to request bail. The judge set the amount at $1,500—a sum Tomlin could not afford as he was living paycheck to paycheck. Within hours, he was on a bus to Rikers Islands. [16] Tomlin spent weeks in jail before finally being released. The time spent in custody, however, had already taken a significant toll on his life. He had lost his job, and his family was once again caught in the grip of a justice system that seemed stacked against him. [17] This is just one story out of hundreds. However, Tomlin’s is a bit unique. Tomlin's determination to resist the accusations was unusual. Bail serves as a compulsion tactic throughout the criminal justice system, pressuring defendants to enter guilty pleas when they otherwise would not. Through every hearing, Tomlin maintained his innocence and that the straw was just quite literally just a straw. Making bail is almost always impossible. In America, bail has changed through time from being a means of keeping people out of jail to increasingly serving as a catch-all for those unable to pay it. Unsecured bonds are now extremely rare, and in most jurisdictions, there are only two options for posting bail: either you post the entire sum yourself, or you pay a bail bondsman to do it on your behalf. [18]
Since a trio of Supreme Court rulings from the 1970s and early 1980s, the imprisonment of impoverished defendants who are unable to pay penalties has been deemed unconstitutional. [19] This is a particularly pernicious variant of this revenue generator. In the first, Williams v. Illinois, a small-time burglar was imprisoned even after serving his sentence in order to pay a fee. The second case, Tate v. Short, was Preston Tate, a Texas man fined $425 for a number of moving offenses. Tate was unable to pay the fine, so the court sentenced him to 85 days in jail, or the time it would take him to pay it off at the rate of $5 per day. The Equal Protection Clause of the 14th Amendment to the Constitution, which prohibits the government from discriminating on the basis of factors like color or background, was violated by the punishment, according to the Supreme Court, which heard Tate's case. Tate was incarcerated "solely because of his indigency,” [20] the court decided. Justice Sandra Day O'Connor deemed it "fundamentally unfair" to send the man to prison for nonpayment without "considering whether adequate alternative methods of punish[ment]" — like community service or a payment plan — were available in the majority opinion for an analogous case from 1983, Bearden v. Georgia, in which a man received probation and a fine after pleading guilty to burglary and theft. [21] Anything less would mean taking away someone's freedom because he happened to be poor. Even so, decades after those judgments were decided, the practice of locking up nonpayers continues, in part because decisions made by the Supreme Court are not always followed by the lower courts either because of loopholes or because they take the ruling as up to interpretation. Additionally, it is still argued that locking up low-income offenders has proven to be a successful means of earning money. A court is frequently able to obtain money from a defendant's relatives that might otherwise be impossible to reach by threatening them with imprisonment. [22]
V. THE ROLE OF MENTAL HEALTH IN INCARCERATION
Poverty is not the only factor in incarceration. Mental Health also plays a big role in the incarceration system. According to a BJS study released in 2006, inmates with mental illness are more likely than other inmates to experience homelessness, unemployment, and substance abuse. [23] The most recent information indicates that 83% of jail detainees with mental illnesses did not receive mental health care after admission. [24] A major factor in why people with mental illnesses in jail are more likely to be kept in solitary confinement, either as a form of punishment for breaching the rules or for their own protection since they are also more likely to be abused, is the lack of treatment in a chaotic atmosphere. Not only that, but the conditions in some prisons are very traumatic. Johnny Perez, a formerly incarcerated man who wrote an opinion piece in the Daily News, explained his time and the living situation he faced while on Rikers Island at 16. He explained, "on Rikers, violence is the law of the land — eat or be eaten.” [25] There were corrections officers who had allied with some of the prisoners and even helped them beat up other inmates. You lived in constant fear. This type of emotional trauma can also lead to formerly incarcerated people returning to the system. These experiences demonstrate how mental health challenges, compounded by poverty, create a cycle of incarceration that is difficult to break. Without access to adequate mental health care both during and after incarceration, individuals are left vulnerable to reoffending, perpetuating the cycle of poverty and imprisonment. Addressing mental health alongside poverty is crucial to disrupting this cycle and reducing recidivism rates.
VI. CONCLUSION
In conclusion, while numerous factors contribute to the high rates of mass incarceration, poverty stands out as a central and often overlooked component. The criminal justice system, as it stands today, disproportionately affects the most vulnerable populations, especially those already struggling with economic hardship. Although some reforms have been introduced—such as efforts to reduce mandatory sentencing and address cash bail—true and lasting change will require a comprehensive overhaul of the entire system. Simply implementing isolated solutions will not solve the problem, as these measures often have unintended consequences. For instance, while it is illegal to imprison indigent defendants simply for their inability to pay fines, the widespread practice of imposing financial penalties on the poor continues to trap them in a cycle of debt and incarceration. The system has become one that extorts money from those who can least afford it, leading many to reoffend or fail to meet the conditions of parole, which sends them back into the system.
To break this cycle, a broader approach is necessary. First, we must invest in alternatives to incarceration, particularly for nonviolent offenders. Restorative justice programs and community-based interventions have been shown to be effective at reducing recidivism and giving individuals the support they need to reintegrate into society. Additionally, reforming the cash bail system is essential to ensure that pretrial detention is not determined by a person's ability to pay but rather by their risk to public safety. [26]
We must also address the root causes of criminal behavior—poverty, lack of education, and lack of access to mental health services—by shifting focus from punishment to rehabilitation. Programs that provide job training, education, and mental health support in prisons have proven to reduce reoffending rates and help formerly incarcerated individuals reintegrate into society. These approaches not only benefit the individual but also reduce the burden on the criminal justice system in the long term.
If we are to create a more just and equitable society, the United States must take bold action. The criminal justice system cannot continue to operate as it has, perpetuating cycles of poverty and incarceration. By rethinking how we approach justice—prioritizing rehabilitation, addressing systemic inequality, and offering second chances—we can build a more humane and effective system that truly serves all members of society, not just the privileged few.
Endnotes
[1] Prison Policy Initiative. (2022). Mass incarceration: The whole pie 2022. Prison Policy Initiative. Retrieved from https://www.prisonpolicy.org/reports/pie2022.html
[2] “Charging Inmates Perpetuates Mass Incarceration,” Brennan Center for Justice, Lauren-Brooke Eisen,1
[3] Eisen,1
[4] Eisen,2
[5] Eisen,3
[6] Eisen,3
[7] “Incarceration’s Front Door: The Misuse of Jails in America,” VERA Institute of Justice, Ram Subramanian, et al.,15
[8] “Incarceration’s Front Door: The Misuse of Jails in America,” VERA Institute of Justice, Ram Subramanian, et al.,15
[9] Ram Subramanian, et al.,15
[10] Ram Subramanian, et al.,15
[11] Ram Subramanian et al.,15
[12] Elias Beltran
[13] Elias Beltran
[14] “The Bail Trap,” New York Times Magazine, Nick Pinto,
[15] “The Bail Trap,” New York Times Magazine, Nick Pinto,
[16] “The Bail Trap,” New York Times Magazine, Nick Pinto,
[17] “The Bail Trap,” New York Times Magazine, Nick Pinto,
[18] “The Bail Trap,” Nick Pinto
[19] “How Cities Make Money by Fining the Poor,” New York Times Magazine, Matthew Shaer
[20] “How Cities Make Money by Fining the Poor,” Matthew Shaer
[21] “How Cities Make Money by Fining the Poor,” Matthew Shaer
[22] “How Cities Make Money by Fining the Poor,” Matthew Shaer
[23] VERA Institute of Justice, Ram Subramanian, et al.,13
[24] VERA Institute of Justice, Ram Subramanian, et al.,13
[25] “Violence is the Law of the Land: The Truly Corrosive Problem of Rikers,” New York Daily News, Johnny Perez
[26] “The Bail Trap,” Nick Pinto