Throughout American history, the nation’s incarceration system has evolved around

public demand and has been affected by a changing political climate. What was once an

acceptable form of incarceration is now considered inhumane and society has shifted from “lock

everyone up and throw away the key” to rehabilitate, educate and return to society to be a

contributing member of the community. The history of incarcerating people who were convicted

of committing crimes dates back to the 1700s when governments punished criminals mentally

and/or physically. A pendulum affect is noticeable from this point in time until the most recent

with the introduction of Assembly Bill 109. The American government and society’s acceptance

of the different forms of incarceration has evolved over time.

In the early 1800s, an acceptable form of punishment for prisoners was to build items for

the government while being incarcerated and they were subject to physical punishment for

violations committed. As society began to change so did the views on incarcerating criminals.

In the late 1800s, young male’s prisons were established in the belief that young men could be

rehabilitated through education, sports and a rewards system. Soon after, a shift towards fair

treatment and humane principals were enacted. This lead into the “Treatment Era in 1945”

where the prisoners were viewed as ill and they could be treated and cured and then released

back into society (“History and Development”, 2019).

As the pendulum continued to swing towards the left, the Treatment Era molded into the

“Community Based Era” in 1967 where the American prison system had an overcrowding

problem on their hands. Society’s approach was work placement and half-way houses for

prisoners and some were allowed time with family. The wrap around approach was proved to be

ineffective and the pendulum began to swing back to the right in the 1980s when the
“Warehouse Model” of incarceration was phrased by the theory of “nothing works” and the need

to put criminals away so they could not prey on society without coddling or early release. As the

pendulum continued to swing to the right even further, the “Just Deserts Era” in 1995 was

theorized where criminals are held responsible for their actions and they will pay for the crimes

they commit (“History and Development”, 2019).

This theory of making criminals pay for their crimes was reinforced by the Violent Crime

Control and Law Enforcement Act of 1994. This new policy covered more crimes eligible for

the death penalty, eliminated higher education for inmates and assisted in hiring 100,000 police

officers throughout the nation (Frank, 2016). As a result, the number of incarcerated people

increased. The number of people incarcerated in prisons and jails had a sharp increase since

about 1975. After the bill passed in 1994, the number continued to increase. The increase could

be contributed directly to the new laws signed into law by President Bill Clinton or a

combination of the bill being passed, increased use of new technology by police, incorporation of

community participation and partnering with local law enforcement to combat crime (Frank,

2016). Regardless of what outside factors are responsible for the continued increase of

incarcerated people during this time, the penitentiary system continued to outgrow its facilities.

Now, the pendulum has reached its furthest swing to the right and has now began to

swing back to the left with California’s introduction of Assembly Bill 109 which grants early

release for certain prisoners, reclassifies certain crimes allowing some to be placed on parole/

probation while others are transferred to a county jail to complete their terms (Hanisee, 2017).

This bill was passed in 2011 in response to the overcrowding in state prisons and society’s view
of certain sentencing being too harsh for certain crimes. Certain inmates who have been

sentences to long sentences are now eligible for early release per AB 109 (Hanisee, 2017).

Instead of building more penitentiaries in response to the increase of criminals and

overcrowding in the system, the government, supported by its citizens, allowed certain criminals

to be released back into the communities. Quickly on the heals of AB 109 followed California’s

Proposition 47 and 57 which decriminalized even more crimes and made more criminals eligible

for early release and/or lower sentencing. These two propositions were a continued effort to

reduce overcrowding in state prisons and county jails and gave certain criminals a “second

chance” for what the community considered minimal crimes (Hanisee, 2017).

The passage of the two propositions illustrates the pendulum is still swinging to the left

where crimes are reduced to lower sentences, treatment is offered over incarceration, and society

coddles criminals instead of holding them responsible. That same pendulum is continuing to

swing to the left with the introduction of “survival crime.” Survival crime is the justification and

acceptance of certain low-level crimes committed by homeless, the poor and minorities in order

to survive- such as theft, drug possession, public nuisances because the community and the

government have failed to provide basis survival necessities to them (Rufo, 2019). This will

have a direct effect on prisons and jails as society continues to decriminalize certain behaviors,

introduce counseling/behavior specialists instead of sentencing people to penitentiaries.

The continued unbalanced pendulum is the biggest theme within our correctional system.

The policies surrounding incarceration, punishment for crimes and the public’s view of specific

crimes will always continue to evolve and the correctional system must adapt and chance as well.
 References

Frank, T. (2016, April 15). Bill Clinton's crime bill destroyed lives, and there's no point denying

it. Retrieved from: https://www.theguardian.com/commentisfree/2016/apr/15/bill-clinton-

crime-bill-hillary-black-lives-thomas-frank

Hanisee, M. [Los Angeles ADDA.]. (2017, Oct. 9). Impacts of AB 109, Propositions 47 & 57.

Retrieved from: https://www.youtube.com/watch?v=AkW_H1fyf2w

History and Development of Corrections 1700-Present. (2019). Retrieved from: https://

www.preceden.com/timelines/23091-history-and-development-of-corrections-1700-

present

Rufo, C. (2019, January 2). Crimes of Survival: A New Trend in Criminal-Justice Reform

Rationalizes Stealing. Retrieved from: https://www.city-journal.org/survival-crimes