1. Ashley Sonoma State University CCJS 375
Commentary 5: Minority Overrepresentation Chapter 9 and Eleuthera Reader Chapter 2, Sentencing, Philosophy and Prisons
Ashley Sonoma State University
CCJS 375

2. The Incarcerated
Who is locked up? Important point: prison and jails are not the same: they serve different functions in the criminal justice system. According to the Color of Justice, looking at the Prisons, there are more than 1.6 million people incarcerated in the United States in 2009.
The fact that there are more African Americans incarcerated than in college in more than one state (Illinois and Chicago) is very alarming. In 2007 there were 321 African American men enrolled at Northwestern university by 1,207 imprisoned at Western Illinois Correctional Center. Why is this? The question then becomes what does America value more, education or the correction system. I think that it is way easier to just incarcerate people of color than it is to work with them through an education process, and this is why the rates are so alarming. But is this process of incarcerating people helping or hurting society in the long run?

3. Recidivism
A tendency to relapse into a previous condition or mode of behavior, especially in criminal behavior!
One is considered a recidivist if they 1) are arrested for a new crime 2) are reconvicted 3) are resentenced into prison or 4) have a revocation of parole.
In my opinion, why the recidivism rates are so high for all ethnicities, is because while they are in prison, they are not forced or have the ability to gain any skills which will benefit them when they get out. Findings indicate that over ¾ of ex- convicts end up back in jail within three years of getting out. It is such a two sided coin because there are some people who believe that prisons primary goal is punishment and they should suffer while they are there so they learn their lesson, but on the other hand the recidivism rate is so high, tells us that clearly the system we have now is not efficient. The goal of corrections should be to in fact correct human behavior by giving them the opportunity to correct themselves while in prison so they don’t find themselves back behind bars.

4. Possible Solution for Modern Times?
“The Auburn System”
Prisoners were allowed to work together during the day, but at night they were in solidary confinement and in their separate cells. Silence was enforced during the night and the idea of prison labor was a big part of the Auburn System enforced by the prison administration.
This is a perfect solution! It is a mesh of both sides who think that prison should be a place of punishment by having them in solidary confinement at night, and that prison is a place of corrections by having them work towards a job skill so when they get out they have something to turn to rather than going back to their old ways and ending up back in prison. The Auburn model of prison, in my opinion, is a better option than we currently have because it is more neutral, rather than one extreeme or the other. I think the biggest reason why people find themselves back in prison is because when they get out,they generally have nothing and nobody to turn to for support so they get back into their own ways that got them in trouble before (strain theory).

5. Indeterminate Versus Determinate Sentencing
Indeterminate Sentencing is based on inmate performance while in prison. Prison staff determines when inmates are ready for release due to their behavior while incarcerated (ie cooperativeness, respect towards guards, ect).
Determinate Sentencing is based on a set number of years someone must serve incarcerated. This is made by the judge in their court case and it is set in stone.
Which is better?
I believe indeterminate sentencing is more beneficial because it is all about the progress that the inmates make and the judge is not present in prison to see the process the inmates are making if any. The people who have suffered enough and learned their lesson will shine through by their actions in prison which will inevitably show if they are ready to be released or not. The person who is determining on when the inmate is ready for release needs to be present during the incarceration process and that is not the judge.

6. Conclusion
By giving people the option to better themselves while in prison will not only help them, but it will help society in the long run. Not giving the incarcerated any job skills to have when they get out is basically asking for them to go back to their old ways, how can society expect them to change after getting out? Chances are if they could have helped themselves they would have before they even put themselves into a sticky situation in the first place. The Auburn model I feel is a happy medium between punishment and rehabilitation. Give them a job skill for when they get out, but also giving them the punishment they deserve. The goal of prisons should not be how many people we can lock up, but rather how many people can we get to not come back. With ISL it will give the people who are determined to get out an opportunity but it will also cut the good from the bad and by no means will it let people out who don’t deserve it.

7. References
Walker, Samuel, Cassia Spohn, and Miriam DeLone. "Chapter 9." The Color of Justice: Race, Ethnicity, and Crime in America. Belmont: Wadsworth Pub., Print. pictures from clipart 