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Jail Overcrowding: Who Makes Policy?

NCJ Number
153203
Journal
Journal of Contemporary Criminal Justice Volume: 6 Issue: 3 Dated: (May 1990) Pages: 167-175
Author(s)
R L Marsh; D J Marsh
Date Published
1990
Length
9 pages
Annotation
This analysis of jail overcrowding challenges traditional explanations of the problem and argues that locally elected decisionmakers can control overcrowding by adhering to certain policy guidelines.
Abstract
Jails hold half of all people incarcerated in the United States, and approximately 60 percent of those in jail are unconvicted. Locally elected county commissioners and city council members are in the unique position to formulate policy guidelines for the appropriate use of jail space in their community and to control overcrowding. Although many argue that an increased crime rate, more effective law enforcement, more vigorous prosecution, tougher laws, and stiffer sentencing by judges are the major contributing factors to the increased jail population, these arguments offer only partial explanations. The main source of overcrowding is the misuse of jail by various actors in the criminal justice system. Because incarceration is serious both to the individual in terms of personal cost and to the community in terms of fiscal costs, it should be used sparingly and according to four guidelines: (1) offense seriousness, (2) degree of danger to the community if the person is released, (3) degree of risk of absconding, and (4) inability to reasonably identify a defendant who fails to appear in court. 14 references

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