Last year, we saw the most robust attempts to reform America’s criminal justice system that the federal government has seen in a generation. Congress nearly brought a comprehensive criminal justice reform bill to the floor.
These House and Senate bills would have reformed some of the worst parts of our criminal justice system. Mandatory minimum sentences on drug offenses result in sending millions to prison for unfair sentences (thousands each day)—some of these are nonviolent offenders for life sentences! This is a terrible reality in a country that proclaims freedom and justice as bedrock principles. The first important change is the narrative change. Mass incarceration falls heaviest on communities of color. These are human beings deserving of dignity; as Quakers believe, people with that of God within each and every one of them. Chairman Grassley and Speaker Ryan were our strongest advocates. Champions such as Senators Durbin (D-IL), Booker (D-NJ), Whitehouse (D-RI), Leahy (D-VT) and Lee (R-UT) as well as the Majority Whip, Senator John Cornyn (R-TX) are some of the strongest voices pushing for reform. Chairman Goodlatte (R-VA) and Ranking Member Conyers (D-MI) in addition to Rep. Chaffetz (R-UT) were some of our friends on the House side.
Today’s landscape for criminal justice is not without real challenges. President Donald Trump campaigned on being a “law and order” president. President Trump’s new Attorney General, Jeff Sessions, has held positions that are deeply concerning. Mr. Sessions was the intellectual voice of the opposition to recent reforms to criminal justice; especially changes to mandatory minimum sentences (although he did help reform crack/powder cocaine disparities a decade ago). In his new role Attorney General Sessions will have broad powers over federal prosecutors and federal law enforcement. His impending guidance and directives will likely result in federal prosecutors and federal law enforcement ramping up criminalization and policing in poor and minority communities.
The President recently signed Executive Orders that would create a task force on Crime Reduction and Public Safety in order to deal with, as the Attorney General stated at his swearing in ceremony, a “dangerous permanent trend that places the health and safety of the American people at risk.” This task force and the Executive Orders (EOs) ignore the root causes of crime and paint a grim, inaccurate picture of the crime rates in the U.S. Worst, it posits policing and enforcement as the only solution. These Executive Orders and Attorney General Sessions’ statement run counter to the facts. This country is seeing the lowest crime rates since the 1960’s in spite of some upticks in violent crime across a handful of cities. Communities need less militarized policing and reprieve from excessive sentencing that only result in mass incarceration. Milwaukee Police Chief Edward Flynn said it best: “We don’t want any more policy bromides grounded in campaign promises. We want ideas grounded in practical wisdom about how to protect our cities.” Chief Flynn is a member of the Law Enforcement Leaders to Reduce Crime. An organization made up of 175 law enforcement leaders.
The inaccurate and extreme rhetoric from the White House and the new Attorney General are indeed troubling, but we can count on some positive momentum nationally. First, many states around the country are making significant progress in addressing mass incarceration. States like Texas, Georgia, and South Carolina have passed comprehensive and successful criminal justice reform. Kentucky, Wyoming, Massachusetts, and Illinois are all looking to reform their criminal justice systems. Moreover, there are some indications that the new administration could be open to some positive reforms. Vice President Mike Pence signed criminal justice reform into law when he was Governor of his home state of Indiana. Mr. Trumps’ son-in-law’s father, Charles Kushner, is a returning citizen. This means that Jared Kushner, serving as an advisor to the President, may yield a receptive ear to criminal justice reform.
In this Congress, we have already seen positive statements from Congressional leaders. Senate Judiciary Chairman Chuck Grassley stated that he would like to reintroduce his bill from the last Congress: the Sentencing Reform and Corrections Act (SRCA). Speaker Paul Ryan mentioned during his first weekly address as Speaker of this new, 115^th^ Congress that criminal justice reform is a top priority. We hope that the Senator John Cornyn (R-TX) will continue to be a champion for SRCA in this Congress as well. Reform efforts in his state have led to a drop in Texas’ prison population at the same time as crime rates have fallen precipitously. Senator Thom Tillis (R-NC) made some of the strongest statements yet for the need to pass criminal justice reform last year. “I don’t run again until 2020, and if we’re not able to get things like this done, I don’t have any intention of coming back,…” . He staked his political career on Congress needing to come together for the sake of justice.
For all of these reasons in addition to the strong policy arguments and pure common sense—the excessive waste mass incarceration creates on our budgets, and the moral imperative—we will eventually create a path for criminal justice reform to pass Congress. People of faith approach this work not inspired by ideology or politics but our convictions and morals. We see this as work we are led to do. Matthew 25 verse 36 is powerful: “I was naked and you clothed me, I was sick and you visited me, I was in prison and you came to me.’ ”
If we passed sentencing reform and lowered mandatory minimums tomorrow, millions would benefit from a reduced and fairer sentence. Still, this would not be enough. FCNL is also beginning to meet with offices regarding policy to lift federal bans on vital anti-poverty programs. These programs are essential to help millions of Americans avoid poverty. Individuals returning from lengthy periods of incarceration should have the same level of support. Eliminating the “collateral bans” on vital programs like Temporary Assistance for Needy Families (TANF), the Supplemental Nutrition Assistance Program (SNAP), and Pell Grants would provide much-needed support to vulnerable populations reentering society when they need it most! A drug felony conviction should not stop someone from accessing vital support through these services. These bans only serve to keep the cruel cycle of poverty, crime, and re-incarceration.
The first step to reforming our criminal justice system is to reintroduce the sentencing reform and corrections bills to begin to turn the tide of mass incarceration.
