Costly, ineffective, unfair

“The current system of mass incarceration is costly, ineffective, unfair, racially discriminatory, socially destructive and legally infirm.” That is Robert N. Weiner talking, a Washington, D.C. lawyer and legal strategist, as he introduces the American Bar Association’s 10 Principles on Reducing Mass Incarceration. He is stating facts not opinions..

Costly?  Total U.S. government expenses on public prisons and jails: $80.7 billion. On private prisons and jails: $3.9 billion

Ineffective?  The U.S. Department of Justice itself states: “sending an individual convicted of a crime to prison isn’t a very effective way to deter crime.”

Unfair and discriminatory?  Black Americans are incarcerated in state prisons across the country at nearly five times the rate of whites, and Latinx people are 1.3 times as likely to be incarcerated than non-Latinx whites.

Socially destructive? As researcher and sociologist Bruce Western writes: “America’s prisons and jails have produced a … group of social outcasts who are joined by the shared experience of incarceration, crime, poverty, racial minority, and low education. As an outcast group, the men and women in our penal institutions have little access to the social mobility available to the mainstream. Social and economic disadvantage, crystallizing in penal confinement, is sustained over the life course and transmitted from one generation to the next. This is a profound institutionalized inequality that has renewed race and class disadvantage.”

Legally infirm? Mr. Weiner is one of the premier legal minds in the country. He ought to know.

At the American Bar Association’s annual meeting in Chicago earlier this month, the House of Delegates passed a resolution to adopt these 10 Principles. These are not radical ideas. They are thoughtfully considered, sensible, humane—and evidence-based. Prison reformers and social justice warriors have been highlighted all these and more for decades. It is notable that the mighty and powerful ABA is now taking this stand.

Limit the use of pretrial detention.

Increase the use of diversion programs and other alternatives to prosecution and incarceration.

Abolish mandatory minimum sentences.

Expand the use of probation, community release and other alternatives to incarceration, and create the fewest restrictions possible while promoting rehabilitation and protecting public safety.

End incarceration for the failure to pay fines or fees without first holding an ability-to-pay hearing and finding that a failure to pay was willful.

Adopt “second look” policies that require regular review and, if appropriate, reduction of lengthy sentences.

Broaden opportunities for incarcerated individuals to reduce their sentences for positive behavior or completing educational, training or rehabilitative programs.

Increase opportunities for incarcerated individuals to obtain compassionate release.

Evaluate the effectiveness of prosecutors based on their impact on public safety and not their number of convictions.

Evaluate the effectiveness of probation and parole officers based on their success in helping probationers and parolees and not their revocation rates.