The criminal justice system is reliant on the American political system. Not only do elected officials pass the laws that are enforced by members of the criminal justice system, like police officers; but elected officials are responsible for setting laws that set the standards for correctional facilities. While it may make sense that public opinion leads officials to pass laws that counteract their concerns; research has shown that public opinion tends to mirror politicians’ platforms (Drakulich and Kirk 2016). Elected officials, at various levels, therefore control many aspects of the prison system.
Local and national elected officials have a direct impact on sentencing policies in the United States. A long rehabilitative-focused period came to an end when the right and left began to disagree about the effects of rehabilitative policies. This led to a shift in prison policies, like mandatory minimum sentences and laws for repeat offenders, which were guided by legislative forces (Phelps 2011). One of the policies implemented for repeat offenders is known as the “three strike rule” which required longer sentences for individuals who had been convicted three or more times (Lattimore 2022). Other policies included no-knock warrants and the ability to preventively incarcerate an individual (Lattimore 2022). These policies are sometimes backed by government funding, which can greatly influence how they are adopted by facilities. For example, the Violent Crime Control and Law Enforcement Act of 1994 provided billions of dollars to states that required that 85% of a sentence was served before considering parole or other release; this funding could be used to improve facilities as well as expand the police force (Harmon 2016).
America- We’re Number One by Donkey Hotey.CC BY 2.0 DEED.
Following the “War on Crime”, political leaders have come together to try and lower the incarceration rate. One way in which political leaders have come together is through the #cut50 movement which aims to reduce incarceration by 50% before 2025. The goal is to reduce incarceration rates by lowering mandatory sentences; finding alternative methods of reprimanding offenders; and using programs to ensure that offenders can have a smoother transition back to society (Bryan et al. 2015). Another way politicians are coming together to lower incarceration rates is by undoing the three-strike rule. This would allow judges to give shorter sentences to offenders who have previously been convicted (Robinson and Soto 2019).