The new wave of criminal justice reform

defendant acquitted felony courtroom verdict

A bipartisan criminal justice reform bill backed by President Trump may yet have a difficult time being passed by Congress, according to CNBC. The bill could save the federal government millions of dollars by reducing thousands of prison sentences. The president’s son-in-law, Jared Kushner, contributed to a column in USA Today backing criminal justice reform. However, Senate Majority Leader Mitch McConnell stands in the bill’s way. Time notes that the bill has strong conservative support, including the backing of billionaire Charles Koch. The New York Times editorial board has also expressed support.

Meanwhile, across the country, a new wave of district attorneys is bringing about criminal justice reform on the local level. The Washington Post profiles district attorneys like Mark Gonzalez of Corpus Christi, Texas, a self-styled “Mexican biker lawyer” who’s one of several progressive prosecutors pushing for reform. The Post also mentions Wesley Bell of Ferguson, Missouri, Larry Krasner of Philadelphia and Kim Foxx of Chicago as some of the district and state attorneys seeking to overhaul the criminal justice system.

Study shows cutting prison time by 1/5 doesn’t increase recidivism

A new study by Abt Associates shows that cutting average federal prison time by 19 percent can save vast sums of money with little effect on public safety. Shortening sentences by 7.5 months would enable a reduction of 33,203 prison beds without any significant increase in a return to federal prison by those released. If the Bureau of Prisons closed prisons instead of just shrinking the number of beds across the board, the report said, the Bureau could save money two ways. It could pare marginal costs such as food and considerable fixed costs such as administrative overhead and maintenance.

The report said the shift also could trim the substantial social costs of mass incarceration. Other studies have shown that long prison terms degrade a person’s skills. Loss of employment can result in a loss of healthcare, a loss of income for individuals and their families, and other losses of social support. In addition, the absence of a parent can produce developmental issues for children and promote the development of antisocial behavior.

Prison incarceration also raises issues of participation in a democratic society. Prisoners can’t vote or be counted in the U.S. Census at their home address, depriving their communities of political clout and appropriate funding levels for population-based programs. Thus the shorter prison terms can help the prisoner, family and broader community.

The new report marries two Abt capabilities: our technical econometric prowess and our unique experience processing and compiling vast amounts of federal prison data. We have been doing that over the last five years under a cooperative agreement with the Bureau of Justice Statistics (BJS), the Federal Justice Statistics Program (FJSP). Abt processes, links and analyzes administrative records on every individual who comes in contact with the federal criminal justice system, from when the person is booked to post-conviction community supervision. The data in the study covered U.S. citizens who were serious offenders sentenced under federal sentencing guidelines from 1999 to 2014.

The authors–William Rhodes, Gerald G. Gaes, Ryan Kling and Christopher Cutler–note that economic and community benefits are not decisive enough for everyone to justify a policy change. Many believe that “people deserve punishment commensurate to the harm caused by their criminal conduct,” the report said. But it added, “One can reduce time served for everyone and still make punishment proportional to the seriousness of the crime.” Read the full article here: recidivism study.

This project was supported by Cooperative Agreement 2016-BJ-CX-K044, awarded by the Bureau of Justice Statistics, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice.

Podcast: The controversy surrounding bail reform

As part of criminal justice reform, some states, notably California, are making changes to the cash bail system. California’s SB10 eliminates cash bail, replacing it by doing “risk assessments” of defendants. In this edition of Lawyer 2 Lawyer on the Legal Talk Network, host Craig Williams talks with Jeff Clayton, the executive director of the American Bail Coalition, and Shima Baradaran Baughman, a professor at the University of Utah’s S.J. Quinney College of Law, about the impact that ending cash bail may have on the legal system.

Criminal Justice reform in Philadelphia

While the rest of the nation debates on how best to proceed on criminal justice reform, the city of Philadelphia isn’t waiting. The Washington Post reports that reforms that went into place two years ago are starting to produce results. For example, the city just closed its infamous House of Correction jail because the number of inmates being housed has fallen by one-third. Changes are being made to the city’s bail system, and police are taking more people to treatment instead of jail. Click here to read more about how Philadelphia is reforming criminal justice.