Two recent reports said there is excessive sentencing and racial inequalities in the criminal justice system across the country, including in Wisconsin.
A report released last week from the criminal justice research group JFS said the prison population is currently 1.5 million in the United States. Wisconsin had a prison population of over 21,000 in 2005, according to the state Department of Corrections.
The JFS report stated that the U.S. prison population in 1970 was 196,429, and also said the crime rate is still similar to 1973.
The reason for the surge in the prison population, the JFS report said, is that prison sentences have become longer over the past 30 years and less serious crimes are more likely to result in prison terms.
The report also said one-third of black males, one-sixth of Latino males and one in 17 white males will go to prison during their lives.
The JFS report comes after a study issued in August by the Wisconsin Sentencing Commission, which performed a study on the characteristics, including race and age, of offenders and looked at the length and type of sentence they received.
Overall, the WCS study said racial disparities, when present, were typically found in sentence types, with minorities more likely to receive prison time in Wisconsin than whites. Sentence lengths were less affected by race, according to the WSC study.
The disparity increased as the seriousness of the offense decreased, the WSC study said, with the percentage of white offenders who received probation for less serious drug offenses larger than the percentage of minority offenders.
Reactions to the WCS study and the conclusions that can be drawn from it are mixed.
Disparities in sentencing maybe be due to multiple issues, some of which - such as criminal record, employment history and educational background - can also be correlated with race,"" said Tom Basting, president of the attorney organization the Wisconsin Bar Association in a statement.
According to the Wisconsin Supreme Court decision made in State vs. Gallion, judges may consider factors that are relevant to the sentencing. Factors that might be considered are previous offenses, nature of the crime, educational background and employment history.
Basting said possible inequalities in sentencing are likely unintentional.
""Racial disparities in Wisconsin's criminal justice system are most likely the result of institutionalized defects rather than malicious intent,"" Basting said.
Basting said that Wisconsin should use the WSC study to focus on the societal factors that lead to possible disparate treatment.
Others are critical of the state justice system itself and said factors related to race are not the issue.
State Sen. Lena Taylor, D-Milwaukee, said despite some factors outside the state justice system that could contribute to inequalities, the discrepancies between sentences still exist.
""It is evident that sentencing decisions, particularly involving drug charges, are riddled with disparate treatment,"" Taylor said.
Taylor said some who saw the study are unwilling to directly acknowledge the problems.
""The data paints a powerful picture. We've just got to be honest enough to see it,"" Taylor said.
Multiple members of the Wisconsin Sentencing Commission contacted were unwilling to publicly comment on the study due to its subject matter.
Members of the Wisconsin Black Student Union at UW-Madison also had varied opinions about what could be causing the disparity.
""Crime, particularly drug deals, tend to happen outdoors in minority communities, so they are caught and brought to court more often,"" said WBSU Vice President Crystal Ikanih.
WBSU member Keyneisha McNealey said there are many possible factors for the discrepancy and it would be difficult to ""pinpoint"" one factor.
The JFS report said that decriminalizing recreational drugs, shortening sentences and parole terms, alternative punishments and more help for released inmates are actions that could halve the U.S. prison population.
According to the JFS report, if the recommendations are undertaken they could save the U.S. government $20 billion.
The WCS study said similar measures would be needed in Wisconsin.
Multiple members of the BSU said that fair sentencing is crucial, but it could only be realized if all members of the criminal justice system are involved.
""It needs to start with law enforcement and the community,"" Ikanih said.
