Comparative Penal Policy

RUNNING HEAD: CRIMINAL LAW
Comparative Penal Policy
Name of the student
Name of the university
Author Note

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CRIMINAL LAW
Introduction:
After eras of constancy from the early 1920s to 1970s, the ratio of imprisonment in the
United States multiplied four times in the last four decades (Pakes 2019). The Board on the
Consequences and the Causes of the massive rate of imprisonment in the United States was
developed under the support of the National Research Council. It is powered by the National
Institute of Justice, and it has been reviewed about the evidence on the consequences and the
causes on the high rate of imprisonment.
This analysis shows the adjacent cause of the rise in the population of the prison and the
dynamic of the society that supports the adjacent cause (Lacey, Soskice and Hope 2018). This
critic has reviewed the effective evidence of the massive rate of imprisonment for the safety of
the public along with the prisoners, communities and their families from which the origination of
women and men and their return.
The analysis of the wide range of factors that helps in shaping the penal policy appears to
be huge in several social theories that accelerated the laying of modern social science. David
Garland showed in his exploration about this traditions, concerning about the punishment role in
the reproduction, production and self-understanding of the current social order which was
explained explicitly in the analysis of Weber of the modern society and the sociology of
Durkheim’s, but it can be easily drawn from Engel’s and Marx historical materialism, as it was
reflected in the Kirchheimer’s and Rusche monumental Social Structure and Punishment in the
year 1939. Foucault’s theory of disciplinary and sovereign power their history of trajectories in
the contention of the penal crime in the year 1977. The great work of philosophical psychology
and anthropology such as Malinowski in the year 1926 or Mead in the year of 1918. All they

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carry the same contention about the communal punishment role that influenced the shape of the
punishment and the extent.
After evaluation of the evidence, it was found by the board that the principles found to be
normative justify and limits the use of imprisonment responding to the crime is an essential
element of the process of analysis. Policies of the public on the suitable use of the prisons is
solely not determined by weighing the benefits and costs of the evidence (Novak 2014).
Therefore it is a combination of the explicit normative commitments and empirical findings that
is essential. Issues in the field of punishing the criminal essentially involve the concept of
fairness, justice and jurisprudence (Newburn, Jones and Blaustein 2018). According to the
analysis of this discussion, it is found that it includes the evaluation of the developed principles
of governance and jurisprudence that have guided the communal use of imprisonment.
Discussion:
Findings:
Walmsley 2014 said, from the year 1973 to 2009, the federal prison population and the
state is the main focus of this analysis that has developed from 200,000 to 1.5 million. It started
declining in recent years. In addition to the women and men spending time in the prison for
offences, at the same time, 700,000 are found daily in the local jail.
Downes 2016 contexted that the population of the adult imprisonment is counted
generally as the numerous people are held in the prisons and jails. The count of the prison
population is being noted by the Bureau of Justice Statistics is a continuing from the time back to
1925. Teague 2016 Counting of the population of the imprisoners is available as a continuous-

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time, series from the decade of 1980 event the report of the early years are available from the
Bureau of Justice Statistics along with the United State census. Pakes 2019 said the scale of the
penalty system is measured by the rate of imprisonment and the expressed number of imprisoned
per 100,000 of the total population of the residence.
The centralised prison system is expanding while the imprisonment for the state has
declined in the rate of population. In between the year 2006 to 2011, there was a partial reduction
in the population of the prison and ten states the rate of prison population reduced by 10 per cent.
The penal population of the United States includes a population of 2.2 million, which can be
considered as the world’s largest. In the year 2012 twenty-five per cent of the prisoners in the
world was kept in the prisons of America, but anyway, the United State is responsible for only
five per cent among the population of the world. The rate of imprisonment in the United States
which can be seen as 1 of every 100 adults in jail which is five to ten per cent higher considering
the rate of West Europe and other countries.
The growth in the rate of imprisonment in the United States in the last forty years is
internationally unique and unprecedented. The imprisoned criminals in the United States can be
found from the segments that are deprived among the population. They consist of the men below
the age of 40, carries the deficit of the alcohol and drug addiction and are poorly educated,
physical and mental illness and lack of experience and work preparation. They carry a real
responsibility for the crimes, but it is considered as the economic and social disadvantage. The
high rate of imprisonment emerged has a wide-ranging implication in the society of the United
States. The consequences and the meaning of this reality cannot be unglued from the issues of
the quality and social inequality of the citizenship of the ethnic minorities and race of the nation.

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Grounds:
Teague 2016 provided the contention with the relation among the imprisonment
sentencing policy, crime and the communal inequality and several other variables are
manipulating the growth of the imprisonment changes across place and time, complex, and
interaction with each other. Therefore the estimation of the communal consequences for the
higher rate of imprisonment can be said to be challenging. The presence of the challenge that
separates the effect and causes from the forces that are social examines the impact of the
imprisonment the happening crimes that have created divergent findings. Most of the concluded
studies say that the high rate of imprisonment helped in the reduction of the crime, but it is not
known about the particular percentage of the reduction of crimes. Several numbers of studies
found that the effects of crime reduction of imprisonment become lesser as the rate of
imprisonment grows; this will aid in the population of the prison ageing.
The increment in the imprisonment helped a lot in decreasing the rate of the crime, but
the percentage of reduction of the crime is not properly known, but the several studies say that it
is unlikely been huge. Most of the research on the topic of the crime affects the imprisonment
attempts for measuring the crime reduction that results in the incapacitation and deterrence. Long
phrases characterise the rate of high imprisonment period but some extensive study on the topic
of deterrence that suggests the future offenders are discouraged from the happening of the crimes
in fear of being caught. They do not fear the severe imposed penalty if they would be convicted
and arrested. The massive rate of imprisonment will help in reducing the rate of crime through
incapacitation, but no strong consensus was there on the degree of this effect. The increase in the
effect of discouragement in the extensive sentences of imprisonment is proved to be the best.
This is because the rate of repetition decreases with ageing, extensive sentences of imprisonment

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unless they target specifically a massive rate is an approach that is inefficient for the prevention
of crime by the process of incapacitation.
The population of imprisonment across the globe is distributed in a completely uneven
way. As it is discussed above regarding the ethnicity or race, jail and prison inmates can be seen
only from the less educated sectors of the society. Among the male, those who are white has
been observed as the highest school dropout in the decade of 1970. The one third of them have
an estimation for serving the time in prison by the decade of the mid-’30s. In this context the rate
the imprisonment has been observed to be increased to a higher level among the black men less
education and among the male those who are black with dropouts from the high school. In
context to this population about two-third carries a record in prison in the level of a similar age.
Twice the rate of imprisonment of the black men counterparts the white. The extensiveness of
the incarceration among men those who are less educated is unprecedented historically arising
from the past decades. Most of the implication of the economic and social consequences of
imprisonment is deep-rooted in the highest absolute level of imprisonment for the minor group
and in the rate of imprisonment where there is presence of large racial disparity. In this era of
high rate of imprisonment, prison return and admission have grabbed a commonplace in the
neighbourhood considered as minor those being categorised by higher level of poverty, crime,
poor health, family instability and segregation of the residence. The disparity in the terms of race
in the imprisonment has differentiated the participation of civil blacks and life chances which can
be said as the particularly much from the Americans.
Individuals those who live in the minority and poor communities always has been
observed to be seen suffering from the higher rate of imprisonment as compared to any other
groups. Related to this matter, the effect of the harsh policy of penalty has been dropped heavily