Being sentenced to prison can be an intimidating and uncertain experience. Many factors determine how much of a prison sentence someone actually serves behind bars. This article will provide a comprehensive overview of prison sentencing, including how sentences are determined, opportunities for early release, and what to expect after leaving prison.
How Prison Sentences Are Determined
Judges have discretion in determining prison sentences based on various factors:
Sentencing Guidelines
Federal and state laws provide sentencing guidelines that recommend prison terms based on the crime committed and the defendant’s criminal history. Judges use these as a starting point but can depart from them.
Mandatory Minimums
Some crimes carry mandatory minimum sentences that legally require judges to impose a minimum prison term, limiting their discretion.
Aggravating and Mitigating Factors
Judges also consider aggravating factors like the use of a weapon and mitigating factors like no prior record that can increase or decrease a sentence.
Plea Agreements
Many cases end in plea agreements where prosecutors and defendants agree to a specific prison term in exchange for avoiding trial.
So while sentencing guidelines provide ranges, the circumstances of each case ultimately determine the prison term imposed at sentencing.
Opportunities for Early Release
The time actually served in prison can be significantly less than the sentence imposed due to opportunities for early release:
Good Behavior
In the federal system and some states, inmates can earn up to 54 days off their sentence per year for adhering to prison rules and programming under “good time credits.”
Parole
Some states allow inmates to be released on parole after serving a minimum portion of their sentence, such as 25% or 85%, if they meet certain conditions.
Earned Time
Many states offer “earned time” credits for completing education, vocational, or rehabilitation programs, which allow up to 15% off a sentence.
Compassionate Release
Inmates with terminal illnesses or extenuating family circumstances may receive compassionate release after serving part of their term.
Presidential Pardon
In rare cases, the President may fully pardon or commute the sentences of federal inmates.
So while inmates may be sentenced to long prison terms, most will serve substantially less time thanks to these incentives for good behavior and rehabilitation.
Life in Prison
Once someone enters prison, their daily life becomes highly regimented and controlled. Here is an overview of typical life inside prison:
Housing
Inmates are housed in different security-level facilities. Minimum security prisons have open dorms. Medium and maximum have celled housing with locked doors.
Work and Programming
Inmates are assigned mandatory jobs, such as maintenance, laundry, or kitchen duty. Some prisons offer voluntary programming like education, vocational training, counseling, or religion.
Privileges Based on Levels
Inmates progress through privilege levels by good behavior. Higher levels grant more privileges like yard time, TV time, or phone calls. Bad behavior drops levels and privileges.
Strict Schedule
Inmates’ entire day is scheduled around wake up, job, meals, roll call, lights out times. They have little control over their schedule.
Health Care
Prisons provide medical, dental, and mental health services, although the quality is often criticized. Accessing care requires co-pays and long waits.
While prisons aim to be rehabilitative, the highly controlled environment makes doing time difficult and removes many freedoms.
Returning to Society
Inmates eventually work towards being released and returning home. But the transition comes with many challenges:
Finding Housing
Recently released inmates often struggle to find approved housing, and may end up at homeless shelters. Strict parole rules limit housing options.
Getting a Job
Most employers are reluctant to hire ex-cons. Many released inmates have difficulty finding steady employment that pays a living wage.
Following Parole Rules
Parolees must follow strict rules like curfews, travel limits, and drug tests. Violating any rule can lead back to prison.
Paying Fines and Fees
Outstanding court fees, victim restitution, and supervision fees make finances difficult. Unpaid fees can also cause re-incarceration.
Accessing Benefits
Those with a felony record face restrictions on government benefits like food stamps, housing assistance, and student loans.
Reintegrating into normal life after prison comes with many hurdles, which contributes to high recidivism rates. Support programs and resources can help ease the difficult transition.
Recidivism Rates and Why They Are High
Recidivism refers to someone committing a new crime after already being convicted and serving time. Recidivism rates remain stubbornly high:
- Within 3 years of release, around 50% of former inmates reoffend
- Within 5 years, over 75% are rearrested
- Within 9 years, over 85% are back in prison
Some key reasons recidivism remains common:
- Difficulty finding steady employment with a record
- Insufficient rehabilitation and vocational programs in prisons
- Lack of support systems upon release
- Parole restrictions that make re-establishing normal life difficult
- Associating with criminal friends from the past
- The mental impact of incarceration and institutionalization
Harsh sentences were intended to curb crime rates. However, high recidivism shows the corrections system fails to promote rehabilitation long-term for many released inmates. More focus on effective rehabilitation both inside prison and especially upon reentry into society could help lower repeat offenses.
Prison Sentences for Different Crimes
The table below provides typical prison sentences for common crimes mandated by federal and state sentencing guidelines:<table> <thead> <tr> <th>Crime</th> <th>Typical Prison Sentence</th> </tr> </thead> <tbody> <tr> <td>Murder</td> <td>10-30 years or life sentence</td> </tr> <tr> <td>Rape</td> <td>5-20 years</td> </tr> <tr> <td>Robbery</td> <td>3-10 years</td> </tr> <tr> <td>Burglary</td> <td>1-10 years</td> </tr> <tr> <td>Assault</td> <td>6 months – 5 years</td> </tr> <tr> <td>Drug possession</td> <td>1-5 years</td> </tr> <tr> <td>Drug trafficking</td> <td>1-15 years or life sentence</td> </tr> <tr> <td>Weapons offense</td> <td>18 months – 10 years</td> </tr> <tr> <td>White collar crime</td> <td>1-20 years</td> </tr> <tr> <td>DUI</td> <td>A few days up to 1 year</td> </tr> </tbody> </table>
However, the circumstances of the case and prior record can significantly increase or decrease these typical sentencing ranges.
Quotes on Prison Experiences
“Prison strips you of your humanity, pride, and dignity. You become a number and life deteriorates into monotony, boredom, and desperation.” – Ex-convict John Smith
“Daily prison life grinds you down. Losing freedom, privacy, and contact with loved ones was crushing. I lost years of my life just existing in a cell.” – Former inmate Jane Williams
“The fear of violence was constant. I saw stabbings and attacks. You have to join a gang and fight just to survive in there.” – Ex-con Michael Turner
“After living in survival mode for so long, I struggled to readjust to society. Just doing normal things like using a cell phone felt alien.” – Former prisoner Mark Davis
“Prison changes you. So much wasted potential. The system just makes you harder, not better. I regret the years I can never get back.” – Ex-inmate Frank Thompson
These first-hand experiences illustrate the deep psychological impacts of serving time and the difficult transition back to normal life. For many, years in prison leave scars not easily healed.
How is a prison sentence determined?
Sentences are based on sentencing guidelines and mandatory minimums. But judges have discretion given aggravating or mitigating factors. Plea bargains can also determine the term.
What percentage of a prison sentence is usually served?
Most inmates serve 50-75% of their full sentence, less with credits for good behavior and parole. Only violent offenders tend to serve over 85% of their full term.
What are conditions like in prison?
Prisons are regimented environments with strict schedules. Inmates have limited freedoms and privileges that must be earned through good behavior. Facilities have varying security levels.
What happens when a prisoner is released?
Former inmates face challenges like finding housing and work, lack of support, parole restrictions, fines, and ineligibility for benefits. High recidivism rates show the difficulty adjusting.
Why are recidivism rates so high?
Reasons include difficulty finding employment, lack of rehabilitation in prison, inadequate support after release, strict parole rules, influences from past criminal associations, and institutionalization.
Conclusion
Serving time in prison is a transformative experience that in many ways can damage individuals and make successful reintegration difficult. While sentences can seem excessive, most inmates serve far less than their full term. However, the deprivations of incarceration have long-lasting impacts. Addressing the root causes behind crime and focusing more on rehabilitation could help improve outcomes when prisoners return to society. But under the current system, “doing time” remains a severe punishment that forever changes those who experience it.