The conservative approach to criminal justice:
fighting crime, supporting victims, and protecting taxpayers.


THE ISSUE. Prisons serve a critical role in society. In many cases – particularly cases of violent crime – the best way to handle criminal behavior is to incapacitate criminals by incarcerating them. Prisons are supremely important, but they are also a supremely expensive government program, and thus prison systems must be held to the highest standards of accountability.

THE IMPACT. One out of every one hundred adults in America is incarcerated, a total population of approximately 2.3 million. By contrast, according to a report published in The Economist, the number of imprisoned adults in America in 1970 was only one out of every 400. The United States has 5% of the world’s population, but 23% of the world’s reported prisoners. It is not clear, however, that these high rates of imprisonment are leading to safer communities. One study by two professors at Purdue University and Rutgers University has estimated that were we to increase incarceration by another ten percent, the subsequent reduction in crime would be only 0.5%.  The state of Florida provides a useful example.  Over the past thirteen years, the proportion of prisoners who were incarcerated for committing non-violent crimes rose by 189%.  By contrast, the proportion of inmates who committed violent crimes dropped by 28%.

For this benefit, Americans are paying dearly – between $18,000 and $50,000 per prisoner per year depending upon the state. The nation is also reaching a point where it simply does not have the capacity for so much incarceration. In 2009, the number of federal inmates rose by 3.4%, and federal prisons are now 60% over capacity.

These figures are not markers of success. Americans do not measure the success of welfare programs by maximizing the number of people who collect welfare checks. Instead success is evaluated by counting how many people are able to get off welfare. Why not apply the same evaluation to prisons?


• Understand that to be considered “successful,” a prison must reduce recidivism among inmates.
• Increase the use of custodial supervision alternatives such as probation and parole for nonviolent offenders. In many cases, these programs can also be linked to mandatory drug addiction treatment and mental health counseling that would prevent recidivism. States’ daily prison costs average nearly $79.00 per day, compared to less than $3.50 per day for probation.
• Consider geriatric release programs when appropriate. Approximately 200,000 American prisoners are over the age of fifty. The cost of incarcerating them is particularly high because of their increased health care needs in old age, and their presence has turned some prisons into de facto nursing homes for felons – all funded by taxpayer.
• Consider eliminating many mandatory minimum sentencing laws for nonviolent offenses. These laws remove all discretion from judges who are the most intimately familiar with the facts of a case and who are well-positioned to know which defendants need to be in prison because they threaten public safety and which defendants would in fact not benefit from prison time.
• For those instances when prisons are necessary, explore private prison options. A study by The Reason Foundation indicated that private prisons offer cost savings of 10 to 15 percent compared to state-operated facilities. By including an incentive in private corrections contracts for lowering recidivism and the flexibility to innovate, private facilities could potentially not just save money but also compete to develop the most cost-effective recidivism reduction programming.