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The United States is the world leader in incarceration. With our national incarceration rate at 614 per 100,000 people, it is far more than the next country down the line, the U.K. which has 144 people incarcerated per 100,000 people. Prisoners in the United States also stay a long time, with 56% of the population serving sentences of 10 or more years. In addition to that, jail growth in the United States is rapidly increasing. One of the biggest drivers of this is the amount of people being held during pretrial, currently 460,915 prisoners, which means that they are awaiting trial behind bars for days or up to several years often because they are too poor to make bail.
24/7 Wall St. Key Points:
- Not only does the U.S. have one of the largest prison populations on the planet, its prison population has been called a human rights violation for many reasons.
- High incarceration rates also correlate with high levels of poverty, income inequality, and oppression.
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Something else unique about the United States is that about 8% of the prison population (90,873 people) are being held in private or “for-profit,” prisons. Only 27 States utilize private prisons. In some states, like Montana, Arizona, Alaska, New Mexico, and Tennessee, between 20%-48% of prisoners reside in private prisons. Large corporations such as Walmart, McDonald’s, Wendy’s, Starbucks, Verizon, and Compaq utilize prison labor to manufacture products extremely cheaply.
Here is a list of the states ranked based on toughness on crime. These rankings give the most weight to the incarceration rate, the proportion of inmates serving 10 or more years in prison, and the percentage of prisoners who are being held on pre-trial.
We analyzed data from the Prison Poly Initiative, U.S. News: A World Report, and The Council on Criminal Justice.
#1 Louisiana
- Incarceration Rate: 1,067 per 100,000 People
- Total Incarceration Population: 48,973
- Proportion Serving 10+ Years: 67%
- Public Safety: #49
Around 49% of the incarceration population are held pretrial and haven’t been convicted of a crime. An additional 26,000 are on probation, and 18,000 people are on parole. Louisiana is the world leader in incarceration.
#2 Georgia
- Incarceration Rate: 881 per 100,000 People
- Total Incarcerated Population: 96,171
- Proportion Serving 10+ Years: 75%
Capital Punishment is legal in Georgia, and 41 people are on death row.
#3 Alabama
- Incarceration Rate: 898 per 100,000 People
- Total Incarceration Population: 45,573
- Proportion Serving 10+ Years: 71%
Alabama, also a world leader in incarceration, is in the process of reviving overly harsh drug laws written in the early 90s. 74% of the incarcerated population is being held pre-trial, and haven’t been convicted of a crime.
#4 Montana
- Incarceration Rate: 758 per 100,000 People
- Total Incarcerated Population: 8,508
- Proportion Serving 10+ Years: 70%
In Montana, 67% of the state’s incarcerated population comes from five counties, which are home to less than half of Montana’s total population.
#5 Arizona
- Incarceration Rate: 710 per 100,000 People
- Total Incarcerated Population: 52,329
- Proportion serving 10+ Years: N/A
Around 80% of the incarcerated population in Arizona are awaiting trial and have not yet been convicted of a crime. 68,000 people are on probation and under supervision.
#6 North Carolina
- Incarceration Rate: 559 per 100,000 People
- Total Incarcerated Population: 59,753
- Proportion Serving 10+ Years: 45%
Approximately 82% of the incarcerated population in North Carolina are being held on pre-trial and have not been convicted of a crime. 138 people are on death row.
#7 West Virginia
- Incarceration Rate: 674 per 100,000 People
- Total Incarcerated Population: 11,954
- Proportion Serving 10+ Years: 72%
Around 56% of the incarcerated population of West Virginia are being held in pre-trial, and have not been convicted of a crime.
#8 Hawaii
- Incarceration Rate: 367 per 100,000 People
- Total Incarcerated Population: 5,283
- Proportion Serving 10+ Years: 69%
An additional 17,000 people are on probation and 1,300 people are on parole.
#9 Oklahoma
- Incarceration Rate: 905 per 100,000 People
- Total Incarceration Population: 36,388
- Proportion serving 10+ Years: 68%
Around 75% of the incarcerated population in Oklahoma is being held on pre-trial and it is one of the worst Prison Gerrymandering states.
#10 Mississippi
- Incarceration Rate: 1,020 per 100,000 People
- Total Incarcerated Population: 29,980
- Proportion Serving 10+ Years: 66%
Around 48% of the incarcerated population is being held on pre-trial in Mississippi. An additional 31,000 people are on parole or probation.
#11 Utah
- Incarceration Rate: 396 per 100,000 People
- Total Incarcerated Population: 13,381
- Proportion Serving 10+ Years: 66%
Black people are incarcerated 9.1 times more often than their white counterparts in Utah.
#12 Maryland
- Incarceration Rate: 475 per 100,000 People
- Total Incarceration Population: 29,304
- Proportion Serving 10+ Years: 66%
Maryland excludes people with felonies and misdemeanors from participating in juries.
#13 Michigan
- Incarceration Rate: 535 per 100,000 People
- Total Incarceration Population: 53,683
- Average Sentence Length: 14.7
- Proportion Serving 10+ Years: 66%
Michigan has an additional 122,000 people on probation or parole.
#14 South Carolina
- Incarceration Rate: 606 per 100,000 People
- Total Incarcerated Population: 32,038
- Proportion Serving 10+ Years: 65%
Approximately 73% of the incarcerated population are being held on pre-trial and have not been convicted of a crime.
#15 Nebraska
- Incarceration Rate: 591 per 100,000 People
- Total Incarcerated Population: 11,635
- Proportion Serving 10+ Years: 65%
Around 74% of the incarcerated population haven’t been convicted of a crime and are awaiting trial.
#16 Iowa
- Incarceration Rate: 550 per 100,000 People
- Total Incarcerated Population: 17,598
- Proportion Serving 10+ Years: 65%
- Public Safety: #10
Fines are implemented for breaking minor prison rules, including engaging in self-harming activities.
#17 Vermont
- Incarceration Rate: 245 per 100,000 People
- Total Incarcerated Population: 1,583
- Proportion Serving 10+ Years: 65%
Vermont happens to be the state with the lowest juvenile incarceration rate, which means that the rate of incarcerated children ages 10-17 is the lowest in the country.
#18 Arkansas
- Incarceration Rate: 912 per 100,000 People
- Total Incarcerated Population: 27,795
- Proportion Serving 10+ Years: 64%
- Public Safety: #47
Around 67% of the population in Arkansas prisons is being held on pre-trial.
#19 Pennsylvania
- Incarceration Rate: 589 per 100,000 People
- Total Incarcerated Rate: 76,355
- Proportion Serving 10+ Years: 61%
Parole officers are legally allowed to restrict who parolees can be around, including supportive loved ones.
#20 Missouri
- Incarceration Rate: 713 per 100,000 People
- Total Incarceration Population: 44,016
- Proportion Serving 10+ Years: 59%
Around 78% of the incarcerated population is being held on pre-trial and are legally innocent.
#21 Washington
- Incarceration Rate: 373 per 100,000 People
- Total Incarcerated Population: 29,065
- Proportion Serving 10+ Years: 59%
An additional 77,000 people are on probation and parole, and 73% of the incarcerated population is being held in pre-trial.
#22 Nevada
- Incarceration Rate: 610 per 100,000 People
- Total Incarcerated Population: 19,370
- Proportion Serving 10+ Years: 58%
Parolees can be sent back to prison for associating with any other person who has a previous felony conviction, including family members.
#23 California
- Incarceration Rate: 494 per 100,000 People
- Total Incarcerated Population: 192,694
- Proportion Serving 10+ Years: 58%
An additional 255,000 people are on probation and parole in California and favors determinate sentencing over parole release for a large slice of prisoners.
#24 Florida
- Incarceration Rate: 795 per 100,000 People
- Total Incarcerated Population: 157,000
- Proportion Serving 10+ Years: 57%
An additional 182,800 people are on probation and parole. 58% of the incarcerated population are awaiting trial and are technically legally innocent.
#25 Texas
- Incarceration Rate: 751 per 100,000 People
- Total Incarcerated Population: 225,480
- Proportion Serving 10+ Years: 57%
An additional 437,000 people are on probation or parole and 76% of the incarcerated population are awaiting trial and are technically legally innocent.
#26 Alaska
- Incarceration Rate: 744 per 100,000 People
- Total Incarcerated Population: 5,456
- Proportion Serving 10+ Years: 56%
Alaskan Parolees can be re-imprisoned for associating with any person with a previous felony, including supportive family members.
#27 Virginia
- Incarceration Rate: 679 per 100,000 People
- Total Incarcerated Population: 58,917
- Proportion Serving 10+ Years: 55%
An additional 61,800 people are on probation or parole in Virginia.
#28 Kentucky
- Incarceration Rate: 889 per 100,000 People
- Total Incarceration Population: 40,107
- Proportion Serving 10+ Years: 54%
Around 44% of the incarcerated population is being held on pre-trial and are technically legally innocent.
#29 New Jersey
- Incarceration Rate: 270 per 100,000 People
- Total Incarcerated Population: 25,016
- Proportion Serving 10+ Years: 52%
An additional 135,000 people are on probation or parole in New Jersey.
#30 Indiana
- Incarceration Rate: 721 per 100,000 People
- Total Incarceration Population: 49,241
- Proportion Serving 10+ Years: 50%
Around 65% of the incarcerated population is awaiting trial and hasn’t been convicted of a crime.
#31 South Dakota
- Incarceration Rate: 812 Per 100,000 People
- Total Incarcerated Population: 7,386
- Proportion Serving 10+ Years: 50%
Around 73% of the incarcerated population is still awaiting trial.
#32 Wyoming
- Incarceration Rate: 785 per 100,000 People
- Total Incarceration Population: 4,568
- Proportion Serving 10+ Years: 49%
Wyoming has the highest rate of 10–17 year olds behind bars. There are currently almost 2,000 juvenile inmates housed in 75 different juvenile detention facilities.
#33 Illinois
- Incarceration Rate: 433 per 100,000 People
- Total Incarceration Population: 54,474
- Proportion Serving 10+ Years: 48%
An additional 106,000 people are on probation and parole in Illinois.
#34 Wisconsin
- Incarceration Rate: 615 per 100,000 People
- Total Incarcerated Population: 36,199
- Proportion Serving 10+ Years: 48%
Around 59,000 additional people are on probation and parole, and 50% of inmates are awaiting trial.
#35 Colorado
- Incarceration Rate: 556 per 100,000 People
- Total Incarcerated Population: 32,495
- Proportion Serving 10+ Years: 48%
- Public Safety: #48
Approximately 60% of the incarcerated population is being held on pre-trial, and there are an additional 81,000 people on probation or parole.
#36 Tennessee
- Incarceration Rate: 817 per 100,000 People
- Total Incarcerated Population: 57,625
- Proportion Serving 10+ Years: 47%
- Public Safety: #45
Tennessee is reviving harsh “Truth-in-Sentencing,” laws.
#37 New York
- Incarceration Rate: 317 per 100,000 People
- Total Incarcerated population: 62,339
- Proportion Serving 10+ Years: 44%
New York has an additional 106,000 people on probation and parole.
#38 Kansas
- Incarceration Rate: 648 per 100,000 People
- Total Incarcerated Population: 19,022
- Proportion Serving 10+ Years: 39%
Around 68% of the incarcerated population is awaiting trial and is legally innocent.
#39 Delaware
- Incarceration Rate: 539 per 100,000 People
- Total Incarcerated Population: 5,492
- Proportion Serving 10+ Years: 38%
Around 15% of the incarcerated population are over the age of 55.
#40 Rhode Island
- Incarceration Rate: 254 per 100,000 People
- Total Incarcerated Population: 2,779
- Proportion Serving 10+ Years: 37%
- Public Safety: #4
An additional 18,440 people are on probation and parole.
#41 Oregon
- Incarceration Rate: 494 per 100,000 People
- Total Incarcerated Population: 20,942
- Proportion Serving 10+ Years: 37%
Around 15% of prisoners are ages 55 and older.
#42 Ohio
- Incarceration Rate: 621 per 100,000 People
- Total Incarceration Population: 72,989
- Proportion Serving 10+ Years: 37%
Around 55% of the incarcerated population is awaiting trial.
#43 Minnesota
- Incarceration Rate: 323 per 100,000 People
- Total Incarcerated Population: 18,457
- Proportion Serving 10+ Years: 33%
Around 67% of incarcerated people are awaiting trial and have not been convicted of a crime. An additional 88,700 people are on probation or parole.
#44 Connecticut
- Incarceration Rate: 326 per 100,000 People
- Total Incarcerated Population: 11,747
- Proportion Serving 10+ Years: 33%
- Public Safety: #5
An additional 31,700 people are on probation and parole.
#45 New Mexico
- Incarceration Rate: 647 per 100,000 People
- Total Incarcerated Population: 13,676
- Proportion Serving 10+ Years: N/A
- Public Safety: #50
Approximately 75% of the incarcerated population are awaiting trial.
#46 North Dakota
- Incarceration Rate: 560 per 100,000 People
- Total Incarcerated Population: 4,363
- Proportion Serving 10+ Years: 26%
Around 74% of the incarcerated population are awaiting trial.
#47 Idaho
- Incarceration Rate: 720 per 100,000 People
- Total Incarcerated Population: 13,965
- Proportion Serving 10+ Years: N/A
- Public Safety: #3
Around 11% of the incarcerated population are aged 55 or higher.
#48 Maine
- Incarceration Rate: 272 per 100,000 People
- Total Incarcerated Population: 3,777
- Proportion serving 10+ Years: 22%
- Public Safety: #2
Black people are incarcerated 9.2 times more than their White counterparts.
#49 Massachusetts
- Incarceration Rate: 241 per 100,000 People
- Total Incarcerated Population: 16,798
- Proportion Serving 10+ Years: 50%
Massachusetts is the state with the lowest incarceration rate. Although this rate seems low, It is higher than the incarceration rate in the United Kingdom, which incarcerates 144 per 100,000 people.
#50 New Hampshire
- Incarceration Rate: 278 per 100,000 People
- Total Incarcerated Population: 3,886
- Proportion Serving 10+ Years: 24%
- Least Juvenile Incarceration: #2 (tied)
- Corrections Outcomes: #1
- Public Safety: #1
Although New Hampshire still has a larger incarcerated population than some developed nations, something in the Granite State is working much better than the rest of the country.
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