Crawford-El v. Britton

In the decade from 1985 to 1996, the total U.S. prison population grew from 744,208 to 1,630,940, a growth rate of 7.8 percent a year. Severe prison overcrowding had become a major problem throughout the nation by the mid-1990s.

Factors contributing to overcrowded conditions included get-tough-on-crime laws and the "war on drugs." These initiatives led to the elimination of parole for certain crimes, requirements for longer sentences, and an increase in the types of crimes requiring imprisonment. Only nine states operated below their bed capacity with the national average being 130 percent of capacity. The federal prison system and several states reported populations exceeding 150 percent capacity. Despite a huge prison-building program in the 1980s, California prisons remained overcrowded at 175 percent of capacity in 1997. Accommodating inmate population means double bunking in single cells and transporting inmates from state to state where empty beds can be found.

The new rapidly constructed prisons generally have only minimal facilities required to house and maintain prisoners. Rehabilitation has given way to keeping order. Maximum security prisoners spend 22 to 23 hours a day in barren cells. Recreation occurs in exercise "cages" and access to education, self-help programs, and health care is minimal.