Articles

Arizona Criminal Defense Attorney

What Really Causes Mass Incarceration?

In a new book, law professor John Pfaff unpacks the standard story of what causes mass incarceration in the United States. Prison overcrowding, racial disparities, and privatization are clear symptoms of a system in need of reform. To gain ground on correcting these symptoms, we need to properly understand the causes.

The Standard Story of Mass Incarceration

According to what Pfaff dubs the standard story, reformers chalk up mass incarceration to three prevailing factors:

  1. Institutionalized racism, whether deliberate, subconscious and systemic, or a combination of both,
  2. Mandatory minimum sentences, and
  3. Profit-driven incentives to fill cells, stemming from private prisons.

These factors do inflate our prison population, but Pfaff looks at the numbers and concludes their effects have been exaggerated. For example, only 8% of our prison population resides in private prisons – so even if we oppose the growth of profit-based models, as we should, we still have 92% of the prison population to address. As another example, our nation’s history of racist policies and practices certainly influences how we enforce laws and prosecute crimes, but it’s not the whole story. It’s also difficult to quantify, so while we work to correct those issues, we should be looking for additional avenues of reform.

The Role of Prosecutors in Mass Incarceration

Pfaff argues that prosecutors, who are often elected officials, drive up the prison population. Even as crime rates fall, prosecutors are incentivized to be tough on crime, which leads to more convicted criminals. Mandatory minimums play an indirect role. While most inmates sentenced recently are not serving mandatory minimum sentences, many of them signed plea bargains to avoid mandatory minimums by serving the sentence for a lesser charge. Also, while prosecutors receive more resources to charge alleged criminals, public defenders are spread thin as their caseloads grow, which can lead to less than favorable outcomes despite the defenders’ best efforts.

Read more by checking out Locked In if you’re interested in reversing mass incarceration. If you are facing charges, make sure you speak with an experienced defense attorney who can balance the scales stacked against you.

Armando Nava's Criminal Defense expertise has been featured in the following publications:
ABC 13 logo az central logofox 10 Phoenix logoAZ mirror imagePhoenix New Times logo
5 star review
Manuel Vasquez

Armando is best attorney hands down! Awesome ways of communicating with me utilizing multiple forms of communication like his portal/phone/ or text! He also will always try to find the best deals for you possible. Lastly, very resourceful as to who he can verify you with for different services/needs if he’s not able to help you with something!

Google Logo
5 star review
Joan Espinoza

If I could give Armando Nava more than a 5 star review I would do it in a heart beat. I have known him for a while now and he is someone I genuinely respect and admire. He is there for you no matter how hard or easy your case is, he does not judge you, and he does everything in his power to make the client satisfied.

Google Logo
5 star review
Aramis

I am writing this review almost a year after my charge (that I thought was going to do a year in jail) was dismissed. Armando has been very transparent and always available. I still ask him for legal advice even after my case was finished and he always helps. He will be a great ally for you and has been a dear friend for me.

Avvo Logo
desert outside phoenix, Sonoran Desert
Image of Arizona
Have A Case In Arizona?
FREE CONSULTATION
Expertise Badge
Top 40 Under 40 Badge10 Best Client Satisfaction Award for Nava Law
Lead Counsel VerifiedExpertise Badge
Copyright © 2024 Nava Law. All rights reserved.
Designed by:
Lab Coat Marketing
PROVEN CASE RESULTS:
DUIDUI DrugsAggravated AssaultTheftResist ArrestDomestic ViolenceMurder
Accusation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used to get the prosecution to reduce the alleged offense to a charge with no jail time.

Accusation:
DUI Drugs (Marijuana)
Case Result:
Case Dismissed

A black man was pulled over by Salt River Police Department while visiting from out of town. Despite showing no signs of impairment, the officers arrested him and charged him with DUI Drugs. We investigated the case heavily and interviewed every officer involved. Ultimately, a motion to suppress was filed and granted after an evidentiary hearing before a Judge.

Accusation:
Aggravated Assault w/ a Deadly Weapon
Case Result:
Reduced to a misdemeanor

A man was charged with attacking a family with a knife. After reviewing the evidence, it was determined that the instrument used was not a knife at all. The Grand Jury had been misled, so we filed a motion challenging the grand jury presentation. The prosecutor, confronted with the truth, agreed to reduce the charge to a misdemeanor with no jail time.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Accusation:
Theft of Means of Transportation
Case Result:
Not Guilty after jury trial

A man was out on a walk and was stopped by police because he was in the area of an attempted vehicle theft. The man maintained his innocence, but the owner of the truck identified him as the man he saw attempt to steal it. We worked tirelessly to prepare a defense and get the prosecution to see reason. The State wouldn’t budge, so the case went to trial. After a 4 day trial, the jury took approximately 10 minutes to return a Not Guilty verdict.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Accusation:
Resist Arrest
Case Result:
Dismissed

A client was charged with resist arrest after being targeted by police during the protests of Summer 2020. Our firm developed a strategy with activists and members of the media that led to a dismissal of our client’s case and, eventually, all cases connected to the political prosecution of the protesters.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Accusation:
Assault & Disorderly Conduct – Domestic Violence
Case Result:
Dismissal after Diversion

A woman and her boyfriend were arguing over the cleaning of their apartment. The police were called after things escalated and the woman was arrested. The Mesa City Prosecutors originally wanted the woman to do jail time. After working the case and providing background information, we were able to get the prosecutor to allow the woman to complete classes in exchange for a dismissal.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

We have experience managing violent cases that fall under the categories of murder and manslaughter. Out of respect for all Nava Law Firm clients that fall under this case type, we are not providing any information on our website. If you or a loved one have been charged with one of these serious charges, do not speak to police officers and please contact our firm immediately to get a free consultation.

Actuation:
Second in time DUI
Case Result:
Charge reduced with no jail

Woman was charged with her second DUI within 7 years after being involved in a collision in Scottsdale. Through our investigation, we found multiple mistakes made by the arresting officer. These errors were used      to get the prosecution to reduce the alleged offense to a charge with no jail time.