Criminal Justice Reform
The United States is the global leader in incarceration; the U.S. comprises 5% of the world’s population, but has nearly 25% of the world’s incarcerated population. Criminal justice reform is focused on fixing the perceived flaws in the criminal justice system. Although the topic of criminal justice reform is broad, it can be broken up into several specific problems that proponents have identified within the U.S.’s systems.
One factor, among many others that contribute to mass incarceration, is excessive punishment. Many believe the prison system uses harsh and extreme sentencing, which has led to the U.S. having the highest incarceration rate globally. “Truth in sentencing” laws, “three strikes” laws, and mandatory minimums are considered three policies that have led to prison overcrowding. “Truth in sentencing” laws require offenders to serve the majority of their prison sentence before being eligible for release, which restricts sentencing exceptions such as good conduct time. Many “three strikes” laws result in life sentences for those identified as “persistent offenders,” even if the three strikes (convictions) resulted from a series of relatively minor, nonviolent offenses. “Three strikes” laws have been criticized for yielding excessively long and inhumane sentences. Mandatory minimum laws require that offenders serve no less than a predetermined sentence. Supporters of this policy claim this keeps sentencing uniform; however, detractors of mandatory minimums declare that such constraints can force judges to hand down disproportionately harsh sentences.
Other issues within the criminal justice system include the death penalty, the incarceration of children, wrongful convictions, and prison conditions. Mass incarceration disproportionately impacts people of color and the poor, contributing to economic and racial injustice.
Massachusetts politicians have been active in criminal justice reform. In April 2018, Governor Charlie Baker signed a state criminal justice reform package. The new legislation raises the minimum age a child can be held criminally responsible and tried in juvenile court from 7 to 12. Under the reform package, district attorneys are encouraged to use diversion programs for people diagnosed with mental illness and those suffering from substance use disorders. The legislative package includes a reform to the cash bail system and an emphasis on rehabilitative programming and societal reentry, and it allows some records for juvenile and since-legalized crimes to be expunged. This new reform also eliminates mandatory minimums for certain low-level drug offenses and restricts the use of solitary confinement in Massachusetts. On a federal level, MA Representative Ayanna Pressley introduced her resolution “People’s Justice Guarantee.” The resolution proposes reducing incarceration by decriminalizing sex work and low level offenses, abolishing the dealth penalty, and ending cash bail. Although Pressley gained support from many progressive lawmakers, she received backlash from conservative policymakers.
Recently, national conversations about police brutality and debates about the role of the police have gained momentum. Police misconduct has been a long-standing problem, and recent high-profile cases involving the wrongful killings of Black individuals, including George Floyd and Breonna Taylor, among dozens of others, have renewed calls for police reform. Advocates for change have called for comprehensive police training in de-escalation and nonviolent tactics to prevent further violence. Community members have also stressed the need for mental health professionals and related specialists to take over 911 calls for mental health crises and domestic abuse incidents. Campaign Zero, among other national movements, has created a platform of policy solutions to reduce police violence, while others advocate for the defunding or abolishment of police altogether. Systemic racism in law enforcement has led Somerville Mayor Curtatone to declare system racism a public safety and health emergency, pledge to establish independent review structures, and introduce additional training in de-escalation and implicit bias.