The Era of Mass Incarceration

The United States incarcerates more than 2 million people, imprisoning more people than any other country in the world. This unprecedented prison population can be attributed to federal and state policies implemented over the past few decades, including mandatory minimums, three strikes, and life without parole. Our culture of incarceration is reflected in a variety of contexts, from the War on Drugs to the School to Prison Pipeline, where criminalization has prevailed over other approaches to social problems. Mass incarceration has had a disproportionate impact on people and communities of color, with African Americans and Latinos constituting approximately 60% of the prison population. What are the consequences of mass incarceration for our society? What policies and practices are driving these high levels of imprisonment? Are there constitutional tools at our disposal, like the pardon power and the Eighth Amendment, which can assist in ending the era of mass incarceration?