Overcrowding or overpopulation in prisons is defined as a situation when prison(s) hosts more prisoners contrary to the certified normal accommodation (CNA) as stipulated in the establishment’s requirements (Garcia & Marco, 2012, p. 37). This can be validated when there is the scarcity of rooms for inmates to sleep. Besides, the inability of facilities to offer adequate meals or food, poor health care services for inmates, insufficient staff who can care for inmates and ensure their safety as well as the lack of designated accommodation facilities necessary for detaining separately various types of prisoners, more so those that should be kept a distance. For instance, women and men kept apart, juveniles away from adults, or untried kept in different facilities from convicted. Furthermore, overcrowding is demonstrated with the inability of prisons to receive or accommodate any extra numbers. Hence, emergency measures are being deployed such as emergency accommodation, also keeping prisoners or offenders in police stations. According to U.S. Prison Service Department, overcrowding has been or is a perennial problem.
This paper gives a detailed recount of the current prison situation in the world, giving the true picture of overcrowding. It further explores the causes as well as the effects of overcrowding in prisons and jails. It recommends possible measures that can be adopted by various countries to curb a perennial surge in prisons and its environs. Additionally, it covers the gaps in prison overcrowding status.
Overcrowding is a real world issue, which according to the International Centre for Prison Studies’ World Prison Brief, it is estimated that there are currently 10.2 million persons incarcerated globally (Walmsley, 2014, p. 1). Besides, approximately 30 million people enter jail gates annually (BoD, 2013, P. 1). Many people are either held in military detention premises, administrative detention, or some are detained by police officers as well as other security agents with minimal or no official or legal process.
Overcrowding in prisons is a phenomenon among the poor, rich, educated, and none educated. It cuts across every continent in the world, both developed and developing nations all face overcrowding in their prisons. In Europe, for instance, 21 nations are experiencing overcrowding in their prisons, with 12 of them recording a constant increase in prisons' numbers between the years 2006 all through to 2010 (Delgrande & Aebi, 2012, p. 4). Countries like France, Belgium, or Croatia have averagely 110 inmates per 100 prison centers (Delgrande & Aebi, 2012, p. 5). Moreover, in France, there has been violent industrial protests or action conducted by prison guards due to overcrowding. Belgium, on the other hand, is renting spaces from neighboring nation Netherlands, to house its prisoners due to overcrowding evident in its existing systems. Overcrowding is mainly rampant in the Southern as well as Central European nations. Besides, United States leads the pack, with exceedingly five percent of the world’s inmates being found in American prisons. There are approximately 1, 574,741 prisoners as at 2013 in the federal as well as state prisons (Carson, 2015, p. 1). In the state of California, for instance, federal judges presided and ruled that overpopulation in the prisons is the major hindrance to better healthcare services (D.o. B., 2013, p. 4). Hence, ordering a cap on the inmates' number at two-thirds of the current level (D.o. B., 2013, p. 4). It is apparent that in South America, for instance, the Inter-American juries have issued obligations or mandates about overcrowding as well as the possible life threatening scenarios. Countries like Brazil and Argentina, the problems are looming, while the effects are evident. Additionally, countries like Ukraine, certain detention centers are forced to regulate sleeping patterns of its inmates. Prisoners are compelled to sleep in shifts due to overcrowding.
In Eritrea, for instance, extreme overcrowding in designated prisons compelled the state to move prisoners in irregular or none formal facilities such as unventilated shipping vessels and crowded basements, which lack ventilation as well as ideal sanitation. Moreover, in Sri Lanka, overcrowding is attributed to the November 2012 unrests or violent confrontations. The country’s prison system is housing nearly three times its ideal capacity. In certain developing or the poorest nations, majorly in Africa, overcrowding can culminate to suffocation as well as death. At the wake of overpopulation in prisons, various life compromising scenarios have been witnessed across the globe. These include riots or mutinies, unrests, violent protests, scandals, mental, as well as physical health damages (B.o.D, 2013, P. 2).
Nonetheless, attention must be drawn to the issue that no standard exist to measure for overcrowding. This is because of lack of universal agreement stipulating certain specifications such as space, which the inmates should occupy or facilities they are allowed to access. Nevertheless, the international standards require that each prisoner should have sufficient space, but this is subject to each country's definition. The UN in its Standard Minimum Regulations (SMR) state that, each prisoner must possess a bed as well as a mattress espoused with conducive or clean bedding. The rules further stipulate that each cell or dormitories should have sufficient heating, lighting, as well as proper ventilation. Nonetheless, there is no binding convention regarding prisoners or inmates' rights. Therefore, there are no comprehensive baseline indicators for valid information (Rob, 2010, p. 3).
The International Committee of the Red Cross (ICRC) has suggested or recommended ideal standards in line with these dimensions (UNODC, 2013, p. 11). For instance, the committee recommends a minimum space to be occupied by each inmate to be not less than 3.4 square meters in an area, which has a perimeter of 20-30 square meters per individual (Rob, 2010). The ICRC has further set minimum rates ideal for air circulation or renewal in the prisons as well as the intensity or amount of light required. In spite of these recommendations, there is virtually no systematic information or data available to enable smooth assessing of whether the set standards are being achieved or to assist in comparisons of various countries or prisons. Besides, low data exist showing the perception of prisoners towards overcrowding.
Prison systems that record occupancy rates, which exceed 100% are prone to overcrowding and as the rate progresses, the seriousness as well worsen. Approximately 60% of the total nations documented (114 out of the total 191) have their prison systems holding more inmates than they are designated to accommodate (Rob, 2010, p. 4). Africa’s 28 out of 39, approximately 72%, have recorded overcrowding in its prison systems. About 70% of nations in America are overcrowded, 56% in Oceania, 68% in Asia and 44% in Europe are overcrowded (Rob, 2010, p. 4). Besides, in 41 nations, approximately 21%, the prison’s occupancy rate is above 150% (Rob, 2010, p.4). This is rampant in African prisons; with 150% occupancy rate recorded in 41% of the African countries. Oceania has 19% of its nations recording equally 150% of prison system occupancy (Rob, 2010, p. 3). Asian has 28% of its nations recording 150% of prison systems occupancy rates, and 13 out of 46 in America have 150% occupancy rate (Rob, 2010, p. 4).
Moreover, in 16 out of the 191 nations documented, that is, approximately 8%, there is an occupancy rate, which exceeds 200% (Rob, 2010, p. 3). That implies that there are two or more inmates housed in a space ideal for only one inmate. Out of the 16 nations, nine are found in Africa (Benin, Burundi, Ivory Coast, Kenya, Mali, Zambia, Sudan, Rwanda, as well as Uganda) (Rob, 2010, p. 4). The Americas have four countries such as Haiti, or Ecuador. Asia has two (Bangladesh as well as Pakistan) while one is found in Oceania that is French Polynesia (Rob, 2010, p. 4).
Moreover, in the United States, there has been a massive influx of prisoners resulting in mass incarceration. It is estimated that currently there are 1,561,500 million persons in the country’s prisons as well as jails (Gilroy & Galik, 2015, P. 2). This is an increase of 500% in a span of the past forty years (Carson, 2015, p. 2). Moreover, the U.S.’s prisons’ population is 112%; this is in comparison with the CNA (Papagiorgakis, 2015, p. 9). Besides, the number of female inmates has been on the rise (averagely at a rate of 50% above or surpassing their male counterparts since 1980). The country also records significantly higher rates in racial disparities in its prisons and jails. Currently, 60% of prisoners are Negros or of black color (Carson, 2015, p. 5). It is estimated that black men stand at six times more likely to be imprisoned or incarcerated compared to white men. Furthermore, Hispanic men stand at 2.3 times more likely to be in jail in comparison to their white counterparts (Carson, 2015, p. 5). It is indicated that for every 10 black men in their thirties, one is likely to be in jail at any given date. Moreover, in the last 15 years, the U.S' commitment to protecting juvenile facilities has been declining. The youths adjudicated delinquent can currently access 35,200 facilities as compared to 77,800 in the year 1999 (Carson, 2015, p. 6). Youths drawn from various colors, especially the black are likely to be sentenced compared to their white fellows. They have further given harsher jails terms with corporal punishments. Additionally, thousands of youths are constantly transferred to their adult colleagues' prison systems annually, where they are compelled to serve their jail sentences. In U.S, life sentencing is still common despite the decline in serious, weighty, or violent crimes in the last 20 years. Besides, there are minimal public safeties gains put in place or demonstrated to address comparatively, the increasing long sentences. The population of those serving life sentences has quadrupled over the last 30 years (since 1984). Moreover, a third of people serving life sentences have no parole (Carson, 2015, p. 8).
Causes of Overcrowding in Prisons
Prison overcrowding is attributed to a wide range of factors but which are summed up into, changes in legislations or law, the policy as well as sentencing culture practiced by the judiciaries (Cardwell, 2012, p. 6). However, in some countries in Africa like Kenya, the increased prisons' populations, is attributed to overwhelmed judicial systems. The courts cannot tackle all cases effectively and efficiently, hence, forcing detainees to stay longer in remands or police cells. Besides, in Bangladesh, an estimated two-thirds of the inmates were held awaiting their trial or pending investigation. This attributed for nearly 68,700 prisoners in 2012 (D.o.B, 2013, p. 4). Continued increase of people being sent to prison is due to high rates of recidivism, increased rate of offenders being incarcerated for failure to successfully accomplish community supervision, and the inclusion of new criminal offenses in the penal code. Other reasons include the constant war on the usage of drugs, harsher or longer penalties imposed for certain offenses, life sentencing, the aggressively "tough on crime" mechanism deployed by the legislature, as well as criminal justice or judicial system to tackle crime. Moreover, poor planning by the states causes overcrowding in prisons. Most countries lack proper prison population projection mechanisms, detailing inmates' needs, hence resulting in an influx of people in prisons. The lack of such mechanisms hampers plans for setting up of new facilities as well as determining the flow of inmates into and out of the prison systems.
Effects of Overcrowding in Prisons
There are devastating or adverse effects of overcrowding in prisons. These include lack of fundamental hygiene, malnutrition, compromised quality of healthcare services offered, water-borne diseases, and spread of air-borne diseases like Tuberculosis (Taylor, 2011, p. 2). There are also cases of mistreatment of inmates by prison guards or staff and object failure to observe or respect the fundamental rights or legal redress of inmates. Moreover, overcrowding piles unprecedented pressure on prison staffs, for example, when they struggle to maintain order, safe or an organized prison environment suitable for rehabilitation activities. Higher numbers of detained offenders cause strained utilization of available resources, this result in exacerbating amounts of frustration, hence, tensions or violence, which can result in death (Cardwell, 2012, p. 10).
On February 14, 2012, a fire broke out in the Comayagua, Honduras crowded prison, burning to death over 360 inmates. Moreover, live broadcasts in September 2012, showed prisoners being beaten, sodomized, as well as verbally abused in Georgia. Besides, in the same year, a tantamount gunfight between prison wardens and inmates was recorded in Sri Lanka’s one of the crowded prisons (Welikada), which claimed 27 lives, leaving scores injured (43 people) (B.o.D, 2013, P. 3 ).
In Malawi, there is a projectable increase in HIV prevalence rates among inmates in the prisons. The indicators further suggest that new cases are mostly recorded in the prisons. This is attributed to consensual as well as non-consensual sex syndicate between same sexes in prison. Moreover, approximately 90% of inmates have a certain type of mental health disorder (Cardwell, 2012, p. 12). This varies from acute psychiatric disorder to more commonly occurring conditions like depression. It is projected that two-thirds of inmates suffer from a personality disorder while 45% have depression or anxiety related complications (Cardwell, 2012, p. 11). Furthermore, levels of cases reported on self-induced harm are distinctively high, specifically among female prisoners (Cardwell, 2012, p. 11).
There are massive financial costs accrued due to increasing in the prison population (Kirakossyan, 2015, p. 7). Overcrowding costs taxpayers substantially higher charges as they require basic social services. In U.K, each taxpayer part with approximately 40,000 dollars annually to provide for inmates (Cardwell, 2012, p. 13). In the U.S, it costs 26,000 dollars for every prisoner annually (Campers, 2012, p. 12). This raises concerns of whether the state should be redirecting or reinvesting the money on possibly productive activities that would prevent crime occurrences.
Research Gap
Tuberculosis (TB) is perceived to be a major life threatening condition among prisoners. It is further thought that it is the main cause of morbidity as well as mortality cases among the inmates. This is attributable to poor ventilation in prisons and overcrowding. TB control in prison systems faces serious challenges such as inadequate laboratory services as well as insufficient diagnostic tools, frequent interruptions in drug supply, and insufficient control strategies for TB. Despite such assumptions or perceptions, there is very little if any research to substantiate the magnitude of TB effects, especially in developing countries. This calls for quick intervention more so among people who would want to conduct research on the primary and secondary effects of overcrowding in prisons (UNAIDS, 2014, p. 1).
Besides, there high prevalence rates of HIV among inmates despite major sensitization and public awareness programs being conducted globally. Moreover, the rates of sexually transmitted infections (STIs), hepatitis B, as well as C among other health conditions such as TB and HIV are approximated to be in the range of two and ten times higher compared to the overall’s population. In certain settings, it is estimated that HIV burden among inmates may stand at 50% times above that of the entire population (UNAIDS, 2014, p. 2). In Mauritania, for instance, there was HIV prevalence rate of 24.8 percent in 2012 among inmates (UNAIDS, 2014, p. 2). In spite of such alarming data, little research has been done to unearth the real cause of such high prevalence rates, more so in line with the unmet health needs of prisoners.
Recommendations and Way Forward
It is evident that as the state of prisons are currently; little measures (quick or simple fixes) can be done. The major contributor to the high prison populations is indeterminate sentences. Those serving long or life sentences are considerably high. Any little move to scale back the length of prison sentences would significantly yield positive results. Besides, the states should advocate for fine charges on defaulters. People committing minor offenses should be exempted from imprisonment and rather be fined; this can reduce cases of increased prison populations. Imposing unnecessary short custodial imprisonments simply result in an increase in prison populations. Moreover, it is ineffective and inefficient in the long-run.
The jailing of parents with truant children has significantly resulted in an increase prison population. In 2010 alone, approximately 11757 parents or guardians were prosecuted for failing to monitor the attendance of their children in schools (Cardwell, 2012, p. 14). However, custody is not the appropriate place to keep such parents. The states should instead work with them as a counterproductive approach to resolving the already underlying issues, which hinder school attendance. Moreover, various countries should reassess the criminal justice for those possessing cannabis. For instance in U.K, the number jailed due to ownership of drugs such as cannabis doubled in a period of four years (between 2006 and 2010) from the initial 12,000 to 25,000 (Cardwell, 2012, p. 15). The war on drugs should not just be resolved by the courts, rather, it should be given multi-phase approach. The states should involve families’ structures, religious, as well as other social structures like the communities to tackle drug and substance abuse or use. This can help in curbing a high number of offenders imprisoned due to possessing such hard drugs (Nathan, 2014, p. 10).
The prospective countries should review the immigration detainees’ policies, which permit states to imprison foreign nationals awaiting their deportation. Once they finish their custodial or prison sentences, they should be immediately deported or released but with close supervision or monitoring. In U.K, for example, foreign national inmates are continued to be behind bars courtesy of immigration powers, which allow for prolonged jails terms. This results in higher numbers of prisoners, hence overcrowding. Therefore, these countries, U.K, or U.S must review their policies on immigrations to be flexible not to prolong or serve post-sentence to foreigners, hence reducing overcrowding in prisons (UNODC, 2013, p. 39).
In conclusion, overcrowding or overpopulation in prisons is a thorny issue. Immediate measures should be deployed to address this world's menace. Despite the major investigations done on the nature or situation of prisons and prison systems in the world, little has been done to determine the baseline of overcrowding as well as impacts of overpopulation. In other words, there is little if any data to validate the magnitude of prison menace. Moreover, various countries should converge to design or develop a treaty or convention that addresses the plights of prisoners.
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