It is a very compelling
read -- and was created under the
guidance of Hon. Jed Rakoff – whose pragmatist jurisprudence commonly
identifies the greatest threats and impediments to our system of justice.
Here is the
introduction:
The United States has
the highest rate of incarceration in the world. Our country has only 5% of the
world’s population, yet we incarcerate 25% of the world’s prisoners. In real
numbers, that statistic translates into 2.3 million people behind bars. There
are currently five times as many people incarcerated now than there were in
1970.
While no one doubts
that incarceration is generally appropriate to protect society from those who
commit violent offenses, it has, unfortunately, become the default remedy for a
host of non-violent offenses in instances where other more effective remedies
are available. While the adverse effects of this approach have been felt by
many, our country’s massive and reflexive use of incarceration as the solution
to all criminal problems has had a disproportionate (and devastating) impact on
African-American and Latino young men. African-Americans and Latinos
collectively account for 30% of our population, but they represent 60% of our
current inmates. The raw numbers are striking: approximately one in every 35
African-American men, and one in 88 Latino men is presently serving time behind
bars (in contrast to one in 214 white men).3 We believe that the United States
is at a critical juncture in the debate about mass incarceration. This Report,
on behalf of the New York City Bar Association, is intended to highlight this
historic opportunity and to urge federal and state leaders to make the
reduction of mass incarceration a top priority. Specifically, as explained in
greater detail below, we recommend that: Studies have also shown that our
current levels of incarceration are shockingly expensive, costing taxpayers
billions and billions of dollars each year. Over-incarceration has other
extraordinarily damaging effects, including contributing to the poverty rate
and long-term unemployment, and stigmatizing those who have served time in
prison in numerous ways.
We believe that the
United States is at a critical juncture in the debate about mass incarceration.
This Report, on behalf of the New York City Bar Association, is intended to
highlight this historic opportunity and to urge federal and state leaders to
make the reduction of mass incarceration a top priority. Specifically, as
explained in greater detail below, we recommend that:
• Congress and State
legislatures repeal mandatory minimum sentencing provisions or, at least,
reduce substantially the length of the terms these provisions mandate and the
range of offenses to which they apply;
• Congress and State
legislatures reduce substantially the sentences recommended by sentencing
guidelines and similar laws for non-violent offenses;
• Congress and State
legislatures expand significantly the alternatives to prison available to
judges imposing sentences, including drug programs, mental health programs and
job training programs and, in cases of incarceration, expand significantly the
availability of rehabilitative services, including access to higher education,
vocational training and substance abuse and mental health services, during and
following incarceration so that individuals can successfully reenter society
and avoid recidivism;
• Congress and State
legislatures eliminate or reduce substantially financial conditions of pretrial
release. Incarceration at the pretrial stage, even for a few days, has terrible
downstream repercussions for individuals, disrupting lives and leading to a
higher likelihood of further incarceration, for longer periods and also higher
rates of rearrest;
• Congress and State
legislatures provide opportunities for individuals with misdemeanor and
non-violent felony convictions to seal those records to prevent employer
discrimination; and
• the New York State
Legislature should enact legislation to raise the age of juvenile jurisdiction
from 16 to 18 years old.
With the enactment of
these changes, our country’s political leaders, sentencing judges, and
law-enforcement authorities can take a long and desperately needed step toward
reducing the dire consequences of mass incarceration. **
