Overpopulation of Prisons Essay

1. Introduction

An alarming number of prisoners are placed into custody around the world every day. There are over ten million inmates who reside in prison and overcrowding is a serious issue that must be addressed (Yeager, 2019:3). There are numerous causes related to prison overpopulation. These causes may include issues such as a significant increase in felonies, widespread poverty, and an increase in the number of arrests made (Victor-Zietsman, 2015:162). Furthermore, the student will examine why prison overcrowding is a critical sentencing issue and the adverse consequences thereof. When dealing with serious offenses, overpopulation in prisons needs to be considered. To ensure that justice is served, the country needs feasible solutions for the overcrowding issue. Different forms of punishment need to be explored for example, and imprisonment should be limited. Housing offenders in prison is costly, therefore incarceration should be treated sensibly (Victor-Zietsman, 2015:162-163).

2. Key definitions

Victor-Zietsman (2015:161) defines prison overcrowding as “the conditions that arise when several prisoners …in the prison system exceeds the capacity of the basic infrastructure”. The student, therefore, infers that certain adverse consequences ensue when too many inmates are incarcerated. Jails are constructed to house only a certain number of inmates. An overrun prison system is overwhelmed by a lack of services and resources. Victor-Zietsman further describes a critical sentencing issue as “aspects [that] also need to be considered before deciding on a sentence” (Victor-Zietsman, 2015:161). Therefore, the student interprets this as the conditions that must be evaluated before sentencing an offender to prison. For this study, the student will only refer to overpopulation in South African prisons as a critical sentencing issue.

3.1 Causes of prison overpopulation in South Africa

According to Cameron, the prison population in South Africa exceeded its maximum capacity by twenty-five percent in 2014, due to prolonged incarceration (Cameron, 2017:22). The number of offenders condemned to life imprisonment rose by more than two thousand percent from 1995 to 2016 (Cameron, 2017:22). Furthermore, escalation in serious crimes in the country is also of great concern, as they call for prolonged sentences. These offenses include inflicting grievous bodily harm, sexual assault, larceny, and auto theft (Victor-Zietsman, 2015:162).

Many other inmates have been arrested and are waiting for their court hearings to take place. Sarkin (2019:11) thinks that the length of the waiting period before trial needs to be assessed. If people cannot afford to pay bail, they may also be stuck in prison for a longer period. Stringent measures apply for those who request bail and minimum sentencing was also introduced in 1996 (Victor-Zietsman, 2015:162). Releasing former inmates is usually a drawn-out process in South Africa and this may also lead to extended imprisonment (Sarkin, 2019:12).

Although many people support incarceration as a punitive measure, it does not always produce the desired outcome. When offenders enter the criminal justice system, they often end up having a criminal record. This hampers their reintegration into society. Former inmates struggle to find jobs and may resort to crime yet again to make ends meet (Yeager, 2019:5). This seems to be a snowball effect, as offenders may enter the prison system for a minor offense, only to return after committing a more serious crime.

Even though South Africa boasts higher conviction rates, the country has not made provisions to accommodate the large number of prisoners that enter the system. However, the erection of more prisons may not be the solution either. According to Victor-Zietsman (2015:162) having more cells available to house inmates may encourage judges and magistrates to convict more criminals.

Moreover, community-based risk factors should be considered in addition to inadequacy and a lack of employment opportunities. Population growth among those at risk of misconduct also leads to countless arrests and convictions (Victor-Zietsman, 2015:162). Some authorities tend to abuse their powers by incarcerating more underprivileged individuals (Victor-Zietsman, 2015:162). The increase in the financial gap between the wealthy and the poor may very well exacerbate this abuse of power.

3.2 The adverse consequences of overcrowded prisons

According to Cameron’s (2017:23) evaluation of Pollsmoor correctional facility, he was stunned by the dreadful circumstances in which prisoners are kept. With the prison exceeding its capacity by two hundred percent, the dire living arrangements were evident. The prison cells were unhygienic and crowded. Some inmates appeared to be severely malnourished or sickly. Cameron (2017:23) also reports that overpopulation in Pollsmoor is not an isolated incident, but rather a widespread issue in South Africa. The Bill of Rights in the Constitution of South Africa aims to protect the rights of inmates and those charged with a crime (Republic of South Africa, 2016:20). However, overpopulation in prisons may lead to infringement of these rights. This includes the right to physical activity, suitable living courters, nourishment, access to books, and health care (Republic of South Africa, 2016:21). As stated in the Bill of Rights, inmates also have the right to be treated by their inherent human worth (Republic of South Africa, 2016:21).

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Keehn and Nevin (2018:3) report that more than six million people in South Africa are HIV-positive. In 2016, fifteen percent of prisoners tested positive for this virus. Tuberculosis is the primary cause of natural mortality in South African correctional facilities. Reasons for increased transmission of these diseases consist of badly ventilated areas, staff shortages, delayed diagnosis, poor prison conditions, financial shortfalls, interrupted healthcare, rape, a lack of proper medical services, and inadequacy of precautionary measures (Keehn & Nevin, 2018:3). Other concerns that arise in detention centers include psychological disorders, aggression and other emotional disturbances that may emerge due to confinement (Victor-Zietsman, 2015:163).

The organization and management of prisons are inhibited by overpopulation. In 2014, South Africa declared that fifty prison guards were attacked by inmates (Sarkin, 2019:14). Be that as it may, fights among inmates are rampant, this is partially due to agitation caused by proximity which is related to overcrowding. This may lead to the rape of fellow inmates, homicide, disruptive behavior, and/or riots (Victor-Zietsman, 2015:163). Criminals form groups in prison and they frequently engage in violent and illegal activities. Gangs often become a nuisance for prison wardens (Victor-Zietsman, 2015:161). This poses a challenge to prison officials as they are responsible for the welfare of the prisoners and they must protect them from harm. Custodians also need to prevent escape and they need to ensure that inmates follow prison rules and abide by the law (Victor-Zietsman, 2015:161).

Correctional facilities aim to enrich the lives of offenders to reduce recidivism. It is of utmost importance that prisons encourage learning and provide services such as casework, counseling, and religious services (Victor-Zietsman, 2015:161). Overpopulation of prisons reduces access to these essential services and may, therefore, lead to higher rates of recidivism.

3.3 Feasible solutions to overcrowding

Snyman (2019:24) performed a study to evaluate the effectiveness of rehabilitation to reduce crime. She found that rehabilitation can be very effective if prison officers take part in the rehabilitation process. This can transform the lives of offenders and improve their moral standards this, in turn, could reduce recidivism. If inmates are released and there is no change in their moral values and principles, they are bound to return to prison.

By keeping over one hundred and fifty thousand prisoners locked up, South Africa must budget for at least twenty billion rand annually. The annual cost of imprisonment of a single inmate is over one hundred and thirty thousand rands (Cameron, 2017:27). Therefore, offenders should only be subjected to imprisonment if they are known to relapse, commit serious crimes, or if they are responsible for numerous offenses (Victor-Zietsman, 2015:163).

Other forms of correction may include non-custodial sentencing, such as community service or house arrest. Although these alternative sentencing options are available, citizens of South Africa are not aware of the advantages thereof. This causes a social dilemma (Mfeketo, 2019:79). For non-custodial sentencing to be accepted by society, the citizens of the country should be educated regarding its benefits.

By rehabilitating offenders, only condemning them to prison in serious cases, and using alternative forms of sentencing; overcrowding in prisons can be kept at a minimum. Snyman (2019:19) suggests that communities get involved to assist with the rehabilitation process. This includes preachers from local churches, therapists, and non-profit organizations. These people from the community play a significant role in the transition process that a prisoner goes through before they are re-integrated into society (Snyman, 2019:19).

4. Conclusion

Many people would prefer that prisoners be locked up, but this is one of the issues that lead to overcrowding in South African prisons. Instead of locking offenders up and throwing away the key, their right to be treated with dignity should be considered. Prisoners live in dire circumstances, as with Pollsmoor prison. There are more effective alternatives to sentencing and society needs to be educated on the matter. Not only are their rights being infringed upon, but it is also very costly to keep inmates in prison for extended periods. South Africa should imprison violent and serious offenders but also consider the lack of services and resources in their correctional facilities. Non-violent and less serious offenses can be effectively dealt with through non-custodial sentencing and rehabilitation.

6. List of references

1. Cameron, E. 2017. Imprisoning the nation: Minimum sentences in South Africa. Dean’s Distinguished Lecture. University of the Western Cape Faculty of Law. Available at: https://www.groundup.org.za/media/uploads/documents/UWCImprisoningThe%20Nation19October2017.pdf (accessed on: 20 March 2020).
2. Keehn, E.N. and Nevin, A., 2018. Health, human rights, and the transformation of punishment: South African litigation to address HIV and tuberculosis in prisons. Health and human rights, 20(1), p.213. Available at: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6039737/ (accessed on: 18 March 2020).
3. Mfeketo, M. 2019. A study on leadership in the implementation of non-custodial sentencing by the Department of Justice and Constitutional Development and the Department of Correctional Services. Available at: https://etd.uwc.ac.za/bitstream/handle/11394/7092/mfeketo_m_ems_2019.pdf?sequence=1&isAllowed=y (accessed on: 20 March 2020).
4. Republic of South Africa. 2016. Constitution of the Republic of South Africa, 1996. Juta’s Pocket Statutes. (14th edition). Cape Town: Juta Law.
5. Sarkin, J. 2019. Prisons in Africa. In Oxford Research Encyclopedia of Politics. Available at: https://oxfordre.com/politics/view/10.1093/acrefore/9780190228637.001.0001/acrefore-9780190228637-e-893?print=pdf (accessed on: 18 March 2020).
6. Snyman, T. 2019. The role of a correctional facility in the rehabilitation process of inmates in a selected prison in the Western Cape, South Africa (Doctoral dissertation, Cape Peninsula University of Technology). Available at: http://ir.cput.ac.za/bitstream/handle/20.500.11838/2915/Snyman_Tanja_203049063.pdf?sequence=1&isAllowed=y (accessed on: 18 March 2020).
7. Victor-Zietsman, M. 2015. Formal reaction to crime: Only Study Guide for CMY3704. Pretoria: University of South Africa.
8. Yeager, E., 2019. Criminal Justice Systems: Impacts that Transcend Borders & Prison Bars. Available at: https://digitalcommons.uri.edu/cgi/viewcontent.cgi?article=1737&context=srhonorsprog (accessed on: 18 March 2020).