OVERCROWDING IN PRISONS AND JAILS - MARYLAND FACES A CORRECTIONAL CRISIS

• NCJ Number: 37528
• Journal: Maryland Law Review Volume: 36 Issue: 1 Dated: (1976) Pages: 182-211
• Author(s): ANON
• Date Published: 1976
• Length: 30 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS COMMENT FOCUSES ON THE CAUSES AND CONSTITUTIONAL IMPLICATIONS OF AND POSSIBLE REMEDIES TO THE PROBLEM OF OVERCROWDING IN MARYLAND'S CORRECTIONAL FACILITIES.

Abstract

HIGHER ARREST RATES, RISING CRIME RATES, AND INCREASES IN THE AVERAGE LENGTH OF SENTENCE AND THE NUMBER OF CONVICTS SENT TO MARYLAND PRISONS ARE CREDITED WITH CAUSING THE INSTITUTIONAL OVERCROWDING. CONSTITUTIONAL CHALLENGES BASED ON THE EIGHTH AMENDMENT QUARANTEE AGAINST CRUEL AND UNUSUAL PUNISMENT, THE FOURTEENTH AMENDMENT RIGHTS TO DUE PROCESS, AND EQUAL PROTECTION ARE ALSO CONSIDERED ALONG WITH PERTINENT CASE LAW. A DISCUSSION OF PRE AND POST TRIAL REMEDIES FOR OVERCROWDING CONCLUDES THAT BY INCREASED USE OF PRETRIAL DIVERSION AND PRETRIAL RELEASE, RESTRICTIONS ON JUDICIAL DISCRETION IN SENTENCING, AND USE OF ALTERNATIVES TO INCARCERATION (OR SHORTER FIXED SENTENCES) FOR THE NON-DANGEROUS OFFENDER JAIL AND PRISON POPULATIONS MIGHT BE REDUCED WITH A MINIMUM OF SUFFERING. OTHER REFORMS SUGGESTED INCLUDE LIMITING THE USE OF LONG-TERM INCARCERATION TO DANGEROUS CRIMINALS, AND RE-EVALUATING PAROLE PROCEDURES.