Mass Incarceration In America: Stats And Facts

The mass incarceration statistics below demonstrate the surprising number of individuals and families who have had involvement with the criminal justice system, with many losing their own freedom or losing their loved ones to correctional facilities.

Nearly 80 Million Americans Have a Criminal Record

At least 79 million people in the United States have a criminal record.³ That’s close to a quarter of the estimated 333 million people living within the country. A criminal record can interfere with career and personal opportunities, leading to financial and emotional challenges.

A criminal conviction does not just impact the offender. Family members share the financial and personal burdens of a conviction. An estimated 113 million adults have an immediate family member who has been incarcerated. These millions have felt first-hand the consequences of mass incarceration.³

The United States did not always jail millions of its citizens. Since 1970, there has been a 700% increase in the prison population. This is not because of rising crime. Even as the rate of violent crime decreased by an estimated 20% since 1991, there was a 50% increase in imprisonment during this same time period.⁴

The rapid rise in the number of incarcerated individuals resulted from the passage of laws, including the Violent Crime Control and Law Enforcement Act in 1994. The Act created strict sentencing guidelines and incentivized states to build more prisons.

Both state and federal lawmakers have a political incentive to pass legislation that can result in higher prison populations—such as mandatory minimum prison sentences—as few lawmakers want to be seen as sympathetic to criminals.

Over Five Million Americans Are Currently Under Correctional Supervision

Concerns about the country’s culture of criminalization normally focus on rising prison populations. But there’s more to the story.

More than five million Americans are currently under some type of correctional supervision. This obviously includes incarceration but also additional types of community supervision, such as parole or probation.⁵ Even for those not behind bars, this involvement with law enforcement officials can be intrusive and burdensome.

For the 1.9 million Americans who are in the country’s prisons and jails, however, the consequences of mass incarceration are far worse. The rapid growth in the prison population has led to overcrowding while simply being behind bars robs individuals of their ability to raise children, support family members or earn a living.

Over 4.9 Million Individuals Are Jailed Annually

The incarcerated population is not static, and people move into and out of the penal system, so it’s helpful to look at the number of people jailed annually rather than just the number serving a sentence. The data shows more than 4.9 million people are put into jail each year. More than a quarter of these people are actually jailed multiple times.¹

Many of these people are incarcerated temporarily while pending trial or until they can pay bail. However, a growing number of activists are urging states to move away from cash bail so lower-income defendants aren’t forced to remain incarcerated even before conviction because they are unable to cover the cost of their release

816,000 Americans are Currently Incarcerated for Violent Crimes

While the U.S. prison population is undoubtedly large, incarcerating some individuals for punishment or rehabilitation is often viewed as necessary. This can include imprisoning those who have committed violent crimes. However, these individuals make up a small percentage of the total number of Americans in correctional facilities.

Data shows an estimated 816,000 Americans have been incarcerated for violent offenses, including 142,000 who are being kept at a local jail and 674,000 who are in a state or federal prison.⁶ Violent crimes include murder, manslaughter, rape or sexual assault, robbery, assault and similar offenses.

Over 90% of Defendants Charged With Federal Crimes Are Convicted and Sentenced

Many people think defendants are jailed because they are convicted of a crime– but that doesn’t mean everyone in prison committed an offense.

Those who are accused of federal crimes are found guilty at very high rates. Just 8.6% of all defendants in the federal criminal justice system in 2022 were not convicted, while the remaining 91.4% were convicted and sentenced.

The vast majority of those individuals—89.5%—plead guilty. This is not necessarily because they are guilty.⁷ There is tremendous pressure to admit guilt to a lesser offense to reach a plea agreement when charged with a federal government.

Prosecutors are often aggressive in bringing multiple charges that often carry harsh penalties. Defendants looking at years or decades of potential prison time may be frightened to fight the charge. And rightfully so. Among the 2.3% of defendants who did choose to go to trial, just 0.4% were acquitted.⁷

In some cases, this may be because of inadequate representation. While there were a total of 252,159 criminal defense lawyers in the U.S.⁸, not all attorneys have trial experience and are prepared to defend their clients in federal court. This is why finding the best criminal defense lawyer is so essential.

Around Four in Five Criminal Defendants Rely on Public Defenders to Represent Them

Defendants in criminal cases have the right to an attorney in the United States, and one will be provided to those who cannot afford one.

The majority of those who are charged with crimes are not able to afford to pay for private representation. In fact, four out of five criminal defendants rely on public defenders or court-appointed attorneys because they are unable to pay for private representation.⁹

Defendants With Public Defenders Are More Likely to be Convicted

Whether a defendant is represented by a private attorney or a public defender can impact their chances of conviction. One Department of Justice study revealed that just 76% of defendants represented by a private attorney were convicted compared with 88% of defendants represented by a public attorney.¹⁰

Public defenders may have poorer outcomes not because of inferior legal skills but because they are often underfunded and overburdened with cases.

96% of Those Incarcerated Are Serving More Than One Year in Prison

One reason the prison population is so high in the United States is that so many people who are incarcerated face lengthy sentences. In fact, 96% of incarcerated individuals within the prison population are serving more than a year. This percentage increased substantially after 1970 when legislation was passed lengthening prison sentences.¹¹

The Average Sentence for Federal Crimes Is 145 Months

For those convicted of federal crimes, the average guideline minimum for offenders is 165 months. Many defendants are actually sentenced to less time than that. In fact, the average length of imprisonment imposed on federal offenders was 145 months.¹²

Half of Those Released Will Return to Prison Within a Few Years

High recidivism rates after conviction also contribute to mass incarceration. Simply put, many offenders reoffend.

While more than 650,000 former offenders are released from prison annually, around half return within a few years. Lack of employment opportunities, as well as legal restrictions on those with criminal convictions, are major contributing factors towards reincarceration.⁴

Roughly One in 28 Children Have a Parent Behind Bars

Mass incarceration impacts not just the individuals behind bars but also their families as well. An estimated one in 28 children in the United States has an incarcerated parent. These families are more likely to be living in poverty.¹³

Half of Federal Prisoners Are Drug Offenders

Drug offenses are one of the leading reasons for Americans to end up imprisoned. In fact, close to half of all federal prisoners in custody in 2018 were incarcerated as a result of a drug crime.

Drugs involved include not just heroin and methamphetamines but also cocaine and marijuana. However, the number of individuals in federal prisons for either cocaine or marijuana-related offenses has been declining in recent years as societal attitudes shift on the acceptability of these substances.¹⁴

The U.S. Accounts For 20% of the World’s Incarcerated Population

While the United States accounts for 5% of the world’s population, the U.S. accounts for 20% of the world’s incarcerated population. As these mass incarceration statistics show, we are imprisoning a disproportionate share of our citizens at great financial and social costs.¹⁵

The number of men in jail far outpaces the number of women. However, individuals of both genders suffer the consequences of mass incarceration. This data on gender in jails shows that a growing number of women are finding themselves behind bars.

Minority men Under the age of 40 Are the Most Incarcerated Demographic

Males are more likely than females to be arrested. Minorities also face a disproportionate risk of arrest. So it should come as no surprise that minority men under 40 are the demographic most likely to be incarcerated.

These individuals have more frequent negative contacts with the police than others in the population and more often face disadvantages, including unemployment and limited economic opportunity that can result in increased criminality.¹⁶

The Number of Incarcerated Women Has Increased at Twice the Rate of Men in Recent Decades

Although males are imprisoned at higher rates, there has been a substantial increase in the number of women impacted by mass incarceration. In fact, women’s imprisonment rates have grown at twice the pace of men’s in recent decades.

Most women being incarcerated are being held in local jails, not state prisons. Especially troubling is the fact many have not been convicted but instead are being held in jail pending trial.

The reasons for this stark increase are not yet clear, as most research is focused on the problem of male mass incarceration.¹⁷

231,000 Women and Girls Are Currently Incarcerated

While mass incarceration has largely been viewed as a male problem due to the disproportionate share of males imprisoned, the demographics of U.S. jails and prisons are changing. In fact, females are the fastest-growing population of incarcerated individuals. In total, an estimated 231,000 women are now in correctional facilities in the United States.

Local jails are the most common place for women prisoners, housing an estimated 101,000 of all female detainees. State prisons are home to 99,000 females, while 16,000 are in federal prisons and jails and 7,700 are in immigration detention. Among the women imprisoned, 6,600 are youths.¹⁷

80% of Women in Jails Are Mothers

When any parent is sentenced to incarceration, it can impact children. This is especially true when a mother is incarcerated. An estimated 80% of women in jails are mothers. The majority of these women are the primary caregivers for their children. The incarceration of a mother can have a major destabilizing impact on a child.¹⁷

With the history of racial inequalities and the pervasive problem of systematic racism in the United States, it should come as no surprise that racial inequalities exist within the criminal justice system. However, mass incarceration statistics paint a stark picture of just how much more severely minorities are impacted.

Black People Make up 33% of the Total Incarcerated Population in the U.S.

While Black people account for 12% of local populations, they make up approximately 33% of the incarcerated population within the United States. In prisons and jails across the country, Black inmates are represented more than double relative to their percentage of the overall population. Many factors result in racial inequalities in mass incarceration, including police bias and decades of discriminatory laws and discriminatory enforcement policies.¹¹

Of course, individuals from all demographics are imprisoned in the United States. White people account for 31% of all incarcerated individuals, while Latino individuals account for 23%. The remaining prison population includes 10% of individuals who identify as multi-racial, 2% Native American or Native Alaskan, and 1% Asian, Native Hawaiian or Pacific Islander.¹¹

Black People Are More Than Twice as Likely to be Arrested for Drugs Despite not Selling or Using them Higher Rates

Black people are significantly more likely than those of other demographics to be arrested for drug offenses.

While the arrest rate among white people is 332 drug arrests per 100,000 residents, it is 879 per 100,000 for Black people. This is despite the fact Black people do not sell or use drugs at a higher rate than whites or other races. Racial profiling and increased police attention likely account for this discrepancy.¹⁸

Black Americans Are Jailed at Nearly Five Times the Rate of White People

It’s not just drug crimes that black people are more likely to be imprisoned for. In general, African Americans are jailed at close to five times the rate of white people.⁴They are also five times as likely to be stopped by police.

Since Covid-19, Jail Populations Increased More for Black People Than White People

While many things have changed in society post-COVID, the trend of incarcerating more black people has not. In fact, between March 2020 and December 2022, black populations in jails increased by 8%, while white populations increased by just 0.4% during the same time period.¹⁹

While the full societal costs of mass incarceration can be impossible to measure, you can put a dollar amount on exactly how much the United States is paying to imprison each individual and all of the millions who are behind bars.

Each Incarcerated Person Costs the U.S. $64,865 Per Year

Putting someone in jail or prison is expensive because of the costs associated with correctional facilities and officers and the expense associated with providing for a prisoner’s needs. In fact, each individual who is incarcerated costs the U.S. $35,663 annually.²⁰

The U.S. Spends Over $80 Billion on Incarceration Each Year

With millions behind bars, the cost of imprisonment adds up to a substantial sum. In fact, more than $80 billion is spent throughout the United States on incarceration annually.²

Criminal justice is the Second Fastest Growing Category of State Budgets

The Federal justice system and the state justice system operate independently. States largely bear the burden of funding their own state prisons. With so many people behind bars, the prison system accounts for $1 in every $15 state discretionary dollars.²¹

Only Medicaid takes up more state money.

Arkansas Spends the Least Per Prisoner at $22,981

While all states are devoting significant sums to imprisoning their residents, some spend more than others. Arkansas incurs costs of $22,981 per prisoner, which is the lowest in the nation. By contrast, Massachusetts spends the most: $307,468 per person behind bars.²⁰

The average court costs for an arrested person are $13,607

Even a simple arrest can come at a cost, regardless of whether it ultimately leads to a conviction. Court fees and expenses incurred for an arrested person average $13,607.²²

Those who face arrest could find themselves not just out of the funds to pay for a criminal defense lawyer but also facing the consequences of prolonged jail time leading up to a criminal trial. Many experience pressure to plead guilty, even to offenses they did not commit, and the risk of ending up behind bars is made more serious by strict sentencing laws.

The system of mass incarceration impacts everyone, and these mass incarceration statistics shed light on the need for change.

1. Prison Policy Initiative. United States profile.
2. ACLU. Mass Incarceration.
3. Prison Policy Initiative. 10 Statistics About the Scale and Impact of Mass Incarceration in America
4. NAACP. Criminal Justice Fact Sheet.
5. The Sentencing Project. Mass Incarceration Trends.
6. Prison Policy Initiative. Mass Incarceration: The Whole Pie 2024
7. Pew Research Center. Fewer than 1% of federal criminal defendants were acquitted in 2022
8. Zippier. Defense Attorney Demographics and Statistics in the US
9. ACLU. If You Care About Freedom, You Should Be Asking Why We Don’t Fund Our Public Defender System
10. StoryMaps. The Public Defense Injustice
11. Bureau of Justice Statistics. Prisons Report Series: Preliminary Data Release
12. United States Sentencing Commission. QuickFacts
13. Office of the Assistant Secretary for Planning and Evaluation. Incarceration & Reentry
14. Office of Justice Programs. 24% Fewer People Were in Federal Prisons for Drug Offenses in 2018 Than in 2013
15. ACLU. Mass Incarceration.
16. National Institute of Corrections. The Growth of Incarceration in the United States; Exploring Causes and Consequences.
17. Prison Policy. Women’s Mass Incarceration: The Whole Pie 2019.
18. Federal Bureau of Investigation. Crime in the United States 2019
19. Pew Charitable Trusts “Racial Disparities Persist in Many U.S. Jails”
20. Bureau of Labor Statistics. Prisoners in 2022 – Statistical Tables
21. ACLU. Fiscal Cost of Mass Incarceration
22. American Action Forum. The Economic Costs of the US Criminal Justice System