Mass Incarceration Statistics and Facts – Forbes Advisor

The United States has not always imprisoned millions of its citizens. Since 1970, the prison population has increased by 700%. This is not due to rising crime. Although violent crime has declined by an estimated 20% since 1991, there has been a 50% increase in incarceration rates over the same period.⁴

The rapid increase in the number of incarcerated people was due to the passage of laws, including the Violent Crimes Control and Law Enforcement Act of 1994. The law created strict sentencing guidelines and gave states incentives to build more prisons.

Both state and federal legislatures have a political incentive to pass laws that could lead to higher prison populations – such as: B. mandatory minimum prison sentences – because few lawmakers want to be seen as sympathetic to criminals.

Over five million Americans are currently under correctional supervision

Concerns about the country’s culture of criminalization typically focus on the rising prison population. But there is more to the story.

More than five million Americans are currently under some form of correctional supervision. This includes incarceration, of course, but also additional types of community supervision, such as probation or parole.⁵ Even for those not behind bars, this interaction with law enforcement officials can be intrusive and stressful.

But for the 1.9 million Americans incarcerated in the nation’s jails and prisons, the consequences of mass incarceration are far worse. The rapid growth of the prison population has led to overcrowding, while the mere incarceration deprives individuals of the opportunity to raise children, support family members, or earn a living.

Over 4.9 million people are imprisoned every year

The number of people incarcerated is not static, and people move in and out of the prison system. Therefore, it is helpful to look at the number of people incarcerated each year, rather than just the number serving a sentence. Data shows that more than 4.9 million people go to prison each year. More than a quarter of these people are actually incarcerated multiple times.¹

Many of these people are temporarily detained until their trial is pending or they can pay their bail. However, a growing number of activists are calling on states to move away from cash bail so that lower-income defendants are not forced to remain incarcerated before sentencing because they cannot afford the cost of their release

816,000 Americans are currently incarcerated for violent crimes

Although there is undoubtedly a large prison population in the United States, incarcerating some individuals for punishment or rehabilitation is often considered necessary. This may include incarcerating people who have committed violent crimes. However, these individuals represent only a small percentage of the total number of Americans in correctional facilities.

Data shows that an estimated 816,000 Americans are incarcerated for violent crimes, including 142,000 in a local jail and 674,000 in a state or federal prison.⁶ Violent crimes include murder, manslaughter, rape or sexual assault, robbery and assault, and similar crimes.

Over 90% of defendants charged with federal crimes are convicted and sentenced

Many people think that defendants go to prison because they were convicted of a crime – but that doesn’t mean everyone in prison has committed a crime.

Those accused of federal crimes are very often found guilty. Only 8.6% of all defendants in the federal criminal justice system in 2022 were not convicted, while the remaining 91.4% were convicted and sentenced.

The vast majority of these people – 89.5% – plead guilty. That’s not necessarily because they’re guilty.⁷ There is tremendous pressure to admit guilt to a lesser crime in order to get a plea deal when charged with a federal government.

Prosecutors often take an aggressive approach, filing multiple charges that often carry harsh penalties. Defendants facing years or decades of potential prison time may be afraid to fight the charges. And rightly so. Of the 2.3% of defendants who actually chose to go to trial, only 0.4% were acquitted.⁷

In some cases this may be due to inadequate representation. Although there are a total of 252,159 criminal defense attorneys in the United States, not all attorneys have trial experience and are prepared to defend their clients in federal court. This is why it is so important to find the best criminal defense attorney.

Around four out of five defendants rely on representation from public defenders

Criminal defendants in the United States have the right to an attorney, and one is provided to those who cannot afford one.

The majority of those accused of crimes are unable to pay for private representation. In fact, four out of five criminals rely on public defenders or court-appointed attorneys because they are unable to pay for private representation⁹

Defendants with public defenders are more likely to be convicted

Whether a defendant is represented by a private attorney or a public defender can affect his or her chances of being convicted. A Department of Justice study found that only 76% of defendants represented by a private attorney were convicted, compared to 88% of defendants represented by a prosecutor.¹⁰

Public defenders may achieve poorer results not because they have inferior legal skills, but because they are often underfunded and overloaded with cases.

96% of prisoners serve more than a year in prison

One reason there are so many prison inmates in the United States is that many prisoners face long prison sentences. In fact, 96% of the incarcerated population of the prison population are in prison for more than a year. This percentage increased significantly after 1970, when a law extending prison sentences was passed.¹¹

The average sentence for federal crimes is 145 months

For those convicted of federal crimes, the average minimum sentence for offenders is 165 months. Many defendants are actually sentenced to a shorter prison sentence. In fact, the average sentence given to federal offenders was 145 months.¹²

Half of those released will return to prison within a few years

High recidivism rates after conviction also contribute to mass incarceration. To put it simply, many criminals relapse.

While more than 650,000 ex-offenders are released from prison each year, about half return within a few years. Lack of employment opportunities and legal restrictions on those with criminal convictions are significant factors contributing to re-incarceration.⁴

About one in 28 children has a parent behind bars

Mass incarceration impacts not only those behind bars, but also their families. An estimated one in 28 children in the United States has an incarcerated parent. These families are more likely to live in poverty.¹³

Half of federal prisoners are drug offenders

Drug crimes are one of the top reasons Americans are incarcerated. In fact, nearly half of all federal prisoners incarcerated in 2018 were incarcerated for a drug crime.

The drugs involved include not only heroin and methamphetamines, but also cocaine and marijuana. However, the number of people serving time in federal prison for crimes involving cocaine or marijuana has declined in recent years as societal attitudes toward acceptance of these substances have changed.¹⁴

The United States accounts for 20% of the world’s incarcerated population

While the United States accounts for 5% of the world’s population, the United States accounts for 20% of the world’s incarcerated population. As these mass incarceration statistics show, we incarcerate a disproportionate share of our citizens, at great financial and social cost.¹⁵