Access to better legal counsel and resources often allow the rich and better educated offenders to defer or avoid prison. The incarcerated tend to be the ill-educated, the mentally ill, drug addicts or the poor. And, because of ill considered tougher sentencing laws and tougher parole laws that seek more to punish than to rehabilitate, our prison populations continue to grow. “Three strikes” laws often end up sentencing minor criminals to a lifetime of jail for what are relatively petty third offenses. Justice is supposedly blind – but given the inequities of the criminal justice system today, one could right say that justice is crippled.
Our Judeo-Christian tradition has always called for the humane treatment of prisoners and has emphasized that imprisonment should lead to the rehabilitation of the prisoner so that he can return to society and resume his place as a productive citizen. The reality of prisons today is far from this ideal. While society needs to be protected from the worse among us, there is little effort to rehabilitate the nonviolent and the misguided. And while our constitution prohibits cruel and unusual punishment, what we see happening in our prisons is cruel and inhuman. The spread of infectious diseases in prisons, including AIDS, and the sexual violence that occurs within prison walls point out just how inhuman conditions are in our nation’s prison system today.
All this reflects the sad reality of the incarcerated today whether they are in a small county jail, or a large federal prison. Their world is one of pain and despair. Because nobody wants to live next door to a correctional institution, they are usually built in isolated rural areas – and so prisoners end up “warehoused” far from their families – and so, “out of sight, out of mind”, the rest of society allows itself to simply ignore them.