Criminal justice in the United States is an expensive business. It
is the only country in the west that routinely sentences offenders to
prison terms longer than two years: 39 percent of state prisoners in 1991
had been sentenced to ten years or longer. It is also the only country in
the west that, on an average day, holds more than 125 per 100,000 of its
residents in jail or prison: on a typical day in 1998, nearly 700 per
100,000 Americans were behind bars. (Hallett & Polumbo, xiii) Yet
according to many, the US criminal justice system is doing far less than
enough; according to the US National Commission on the Causes and
Prevention of Violence, "There is a criminal justice process through which
each offender passes from the police, to the courts, and back unto the
streets. The inefficiency, fall-out, and failure of purpose during this
process is notorious." (Hallett & Polumbo, xiii)
Contemporary policies concerning crime and punishment are not only
among the most draconian among wealthy nations, they are also the harshest
in American history. No other Western country continues use the death
penalty except the United States: 3300 prisoners were on death row in 1997
and more people were executed--76--than in any year since 1955. Capital
punishment has been abolished by all the big democracies except the United
States, Japan and India. Additionally, many emerging democracies in Eastern
Europe, Africa and Latin America have also abandoned it. Capital
punishment in the United States is derided by critics in Europe for being
antediluvian and barbaric. (Economist, 5/15/99)
Cesare Beccaria, an Italian philosopher and reformer, is considered
the father of modern criminal justice; he famously decried older, more
severe punishments in Europe in 1764 when he published his seminal work "On
Crimes and Punishments.'' Beccaria was the first to believe in the
reformati...