Topic: Policing

Jails and prisons are rolling out emergency policy changes — such as $0 bail and expedited parole hearings — to prevent needless coronavirus deaths in dense correctional facilities. Encouragingly, there’s reason to hope that some of these changes could become permanent, reducing this country’s unparalleled use of incarceration.

But if the actions taken by states and counties are cause for hope, they are also cause for alarm. States and counties are showing that they are willing to implement life-saving reforms, but unwilling to extend these reforms to the 40% of incarcerated people locked up for violent offenses.

Many states and counties have excluded people serving time for violent crimes from release during the pandemic, categorically denying protection even to those who are old and frail. Of course, letting people convicted of violence apply for life-saving opportunities requires political courage, just as it has for decades. But with a pandemic threatening to turn long sentences into death sentences, the time has never been riper for policymakers to reconsider excluding “violent offenders” from reforms.

Perhaps surprisingly to some, the research and evidence show that states should include people convicted of violence in criminal justice reforms. Our new report, Reforms Without Results, explain six major reasons why:

1. Long sentences do not deter violent crime.
2. Most victims of violence, when asked, say they prefer holding people accountable through means other than prison, such as rehabilitative programs.
3. People convicted of violent offenses have among the lowest rates of recidivism — belying the notion that they are “inherently” violent and a threat to public safety.
4. People who commit violent crimes are often themselves victims of violence, and carry trauma that a prison sentence does nothing to address.
5. People age out of violence, so decades-long sentences are not necessary for public safety.
6. The health of a person’s community dramatically impacts their likelihood of eventually committing a violent crime — and community well-being can be improved through social investments rather than incarceration.

Demonstrating how common it is for people convicted of violence to be left behind, our report includes an interactive U.S. map showing 75 examples of state criminal justice reform laws that have excluded them.

The map reveals that:

• At least 16 states have passed laws excluding people convicted of violent crimes from veterans’ courts, mental health courts, diversion programs, and other alternatives to incarceration.
• In at least 10 states, people convicted of violent crimes have been “carved out” of laws designed to ease the reentry process.
• At least 20 states have passed laws that expand parole, good time, and other mechanisms for early release — but offer no relief to people convicted of violent offenses.

Unless states are willing to change how they respond to violence, reducing U.S. incarceration rates to pre-1970s levels will be impossible.

Lawmakers serious about ending mass incarceration — or limiting the toll COVID-19 takes behind bars — can no longer afford to ignore people serving time for violent crimes. Now they have the data and arguments they will need to craft more courageous and effective criminal justice reforms.

—Wanda Bertram is the Communications Strategist at the Prison Policy Initiative

The Decision Points blog series explores the seven key decision points during the typical criminal case where choices can be made to reduce jail populations.

Hassan Aden is the Director of Research and Programs at the International Association of Chiefs of Police.  He has over 28 years of law enforcement service and previously served as the Chief of Police with the Greenville (NC) Police Department.

Building trust between law enforcement agencies and the people they serve has long been a priority for police leaders. Recently, heightened awareness of incidents of gross police misconduct, often amplified by new technologies, has helped lead to the creation of The President’s Task Force on 21st Century Policing, led by Commissioner Charles Ramsey and Laurie Robinson, which has provided a roadmap for law enforcement agencies to self-assess and begin focusing on areas where they have opportunities to improve on their service delivery and increase their legitimacy.

Less visible is a crisis in the criminal justice system that has already impacted generations of the poor, and mostly people of color. The staggering number of low-level, nonviolent offenders and mentally ill individuals who are behind bars is negatively impacting communities across the United States. Prisons and jails are overcrowded and underfunded, a combination that can be dangerous to both the inmates and corrections officials. Many jails have more than 70 percent nonviolent offenders within their walls, a majority of whom have not been convicted of the crime they are accused of—they simply cannot use the bail system to get out because they are indigent.

Like the multi-step roadmap provided by the president’s taskforce, there is no singular solution to the crisis in local justice systems that many communities face. Only by focusing on the criminal justice system holistically can we help prevent unnecessary jail stays and reduce the problem of mass incarceration. Modern police leaders must view their role in the criminal justice system as an opportunity to build trust among the community they serve and increase their agency’s legitimacy. They should carefully review how the system is linked and how well all of the parts work together. The typical criminal case trajectory is set in motion at the point at which an officer decides to make an arrest, and continues through the reentry process. To help stem the flow of people into the criminal justice system, we must ensure appropriate decision making at the point when officers are faced with whether or not to make an arrest, which is facilitated by including the option to issue citations in lieu of arrest when possible. We must also incorporate diversion options once an arrest occurs, including for mentally ill individuals and low-level drug offenders. Many law enforcement agencies around the country are already employing effective alternatives to arrest that have made a difference in jail populations—but in far too many communities this is not yet the norm.

Although the criminal case trajectory operates in distinct stages, police leaders can and should engage at more points in the system than that of arrest. They also must train their officers on how the criminal justice system impacts their work and their relationship with the community—their decisions and use of discretion matter. Police leaders seeking to make changes to their daily practices can look to national initiatives working to encourage and disseminate successful efforts made by local jurisdictions. The MacArthur Foundation’s Safety and Justice Challenge is one such initiative that works to change the way America thinks about and uses jails by supporting a network of competitively selected local jurisdictions who are finding ways to safely reduce their jail populations. By shedding light on the overuse of jail and the power held by police to make changes, law enforcement leaders can help reduce unnecessary jail stays while building the trust of the communities they serve.

Note: This piece also ran on the Huffington Post (“Decision Points: Police Should Engage in Local Justice System Reform to Build Trust and Strengthen Communities”).