Smart Justice, Fair Justice
We can make mass incarceration a thing of the past. Here's how.
For the last four decades, this country has relentlessly expanded the size of our criminal justice system, needlessly throwing away too many lives and wasting trillions of taxpayer dollars. But we are not stuck with a criminal justice system that is unproductive, wasteful, and dominated by racial disparities. Bad policies are made, and bad policies can be changed.
The ACLU's Smart Justice Fair Justice Campaign is already implementing solutions. Here's our list of what needs to be done:
END THE WAR ON DRUGS
Over the last 40 years, we've spent trillions of dollars enforcing senseless drug laws. Drug use has not declined, while millions of people – disproportionately poor people and people of color – have been swept into a net of correctional control that is difficult to escape and derails lives. Many have been arrested just for having a small amount of drugs. Better solutions exist.
MAKE THE SENTENCE FIT THE CRIME
The hallmark of a legitimate justice system is fairness. And yet, today in America, hundreds of thousands of people are serving decades-long prison sentences that are far out of proportion to their crimes. The culprit? Extreme sentencing laws and mandatory minimum laws that strip judges of their ability to make the sentence actually fit the crime. It's time to change these laws.
Rufus was sentenced to spend the rest of his life behind bars after police found him sitting near a baggie with a trace amount of cocaine. With your help, this story isn't over yet.
INCENTIVIZE SMART PRACTICES
Some people and corporations – such as private companies that get larger payments from the state the longer they hold someone – have a vested interest in the status quo and are working to thwart smart reforms that could reduce incarceration. We need to incentivize smart and fair practices like keeping people in the community when they don't pose a threat.
ELIMINATE UNNECESSARY INCARCERATION
Hundreds of thousands of people are locked up not based on any dangerous behavior, but because they could not pay off a fine or were convicted of a nonviolent drug or property crime. Some behind bars are so frail because of old age or illness that they can barely walk. We need to rethink the costly practice of keeping these people behind bars.
INVEST IN BETTER SYSTEMS
Problems like mental illness, substance use disorders, and homelessness are more appropriately addressed outside the criminal justice system altogether. Services like drug treatment and affordable housing cost less and can have a better record of success. It's time we got serious about pulling our money out of incarceration and putting it into systems that foster healthy communities.
Through legislative advocacy, litigation, communications and other strategies, the ACLU's Smart Justice Fair Justice Campaign to Move Beyond Mass Incarceration and its coalition partners are working to harness the momentum for reform, teaming up with unlikely allies around the country to do whatever it takes to move away from mass incarceration.
ACLU Ambassador Harry Belafonte is working with us to advance smart reforms to our criminal justice system. Watch the video and then join our fight to end mass incarceration.