Addressing the alarming rates of mass incarceration in the United States is an issue of national importance. In recent years, finding a way to lower the incarceration rate is a discussion that has gained bipartisan support. According to a report released last month by the New York City Bar Association that urged policymakers to keep this reform a top-priority, this shift in thinking can be attributed to the rising costs of incarceration.  The cost of locking up almost 2.3 million people puts an undue burden on taxpayers, especially when it appears to be a wasted allocation of government resources.

Perhaps the most striking argument against mass incarceration is that little to no evidence exists to prove that incarceration in the United States actually lowers the crime rate. In fact, the argument could be made that increased incarceration may counterintuitively increase the crime rate, because our criminal justice system has lost sight of one of the most important goals of incarceration: rehabilitation and reducing recidivism.

Rehabilitation is a key element that will help an individual released from the criminal justice system to successfully reintegrate into society and become a productive member of his or her family and community.  However, the recidivism rate, or rate at which a criminal behavior reoccurs, is extremely high. According to the Bureau of Justice Statistics, 77% of offenders were rearrested within 5 years of their release. This evidence shows that the criminal justice system is failing those at most risk.

Instead of rehabilitating our offenders, we are stigmatizing them and increasing their likelihood to be re-incarcerated.  A study done by the Vera Institute of Justice found that even a relatively short time spent in prison or jail has harmful effects on an individual’s future endeavors. Regardless of how long the sentence or time spent behind bars, there are still extreme collateral consequences of incarceration. An individual who has been incarcerated experiences disastrous loss of future opportunities – including financial and educational – that is a direct result of current U.S. public policies.

There are several pieces of legislation that exempt past offenders from receiving social benefits. One is The Welfare Reform Law, which denies any person who has been convicted of a state or federal drug offense from receiving SNAP or TANF. These two types of welfare provide supplemental income to families living under the poverty line for essential needs such as food. This type of aid may be essential for a struggling family who is also dealing with the problems associated with reintegration.  Another program that excludes previously incarcerated individuals is the Federal Pell Program, which offers need-based financial aid to students pursing higher education.  After the Expected Family Contribution (EFC) formula considers a student eligible there are very few barriers to qualify – except criminal history.  All individuals who have been convicted of a crime are excluded from receiving this educational financial aid, which is ironic because there is a negative correlation between the years of education and the likelihood of incarceration. These exemptions are only two of the consequences that convicted individuals face as they reenter into society; however, the devastating consequences are evident.

It is clear that the U.S. criminal justice system in our country is in need of reform.  Not only has our system proven to be unsuccessful in lowering the crime rate; it has also failed to achieve its goal of rehabilitation.  The failure to rehabilitate our offenders has had disastrous effects on the millions of people who have been previously released from jails and prisons around the country and has increased the rate of reincarnation. It is imperative that former prisoners be provided with a social safety net.  Without social benefits such a TANF, SNAP, or housing it is extremely difficult for individuals reintegrate back into society.  The lack of monetary resources adds additional pressure to the lives of recently released prisoners and increases the likelihood that they re-offend for lack of other opportunities.