Unequal Justice is Injustice Too

The last decade has seen improvements in the criminal justice system. Nationally, and in Michigan, incarceration rates are down, and criminal justice reforms have yielded some much needed changes in sentencing laws. One such change is the reduction in profoundly unjust disparities between crack and powder cocaine possession and intent to distribute sentences. Other changes have resulted in some governors pardoning thousands of minor drug charges (some felonies) so many people can have a clean record again. Some states, like Florida, have also restored voting rights to millions of disenfranchised former felons. Yet, there is still much work to be done to improve the justice in our "justice" system, including the elimination of mandatory minimum sentences, eliminating prosecutorial immunity, and many other much needed reforms. 

The state of New York recently passed bail reform legislation to address the unjust practices that have led to total disruptions in the lives of predominantly poor people who are simply accused of crimes, even minor ones. Because of some rather public examples of bail reforms allegedly leading to additional crimes, many people are now decrying these important reforms. Any such reforms that boldly disrupt the status quo are bound to experience resistance, and some may need tweaking. But courageous leaders continue to press for changes, because they know that justice demands it. 

It is manifestly unjust, for instance, to hold a person in jail on a minor offense, even prior to conviction, simply because that person cannot afford a $100-500 bail. This tax on the poor results in lost jobs, lost housing or transportation, and in some cases, parents even losing their children to the system--all because they could not afford a rather small bail amount. Bail reform is absolutely necessary to address the unjust practices of a system that privileges the wealthy and punishes the poor. 

Michigan's Supreme Court Justice Bridget McCormack, along with the Lt. Governor, the House Speaker, and other legislators, are now pushing a new set of jail and pretrial detainee reforms. These reforms seek to address some of the injustices of this inequitable system by eliminating arrests for first time failure to appear or failure to pay violations, reducing sentences for misdemeanors, keeping mentally ill people out of jail, and increasing access and funding for victim services. Some aspects of these reforms are likely to have opponents, but they are simple ways to begin addressing the overcrowding that jails are experiencing, despite the reduction in prison populations. 

Criminal justice reforms are not intended to eliminate responsibility for offenses. Instead, they address disparities in the system that unequally affect minorities and the poor. They also seek to get to the heart of what a criminal justice system ought to do--ensuring that justice prevails. For Michigan, and for the rest of the country, ensuring justice also entails addressing brokenness in a system that has for too long been a source of injustice for far too many people. 

(You can do your part by urging your state legislators to support these important criminal justice reforms. Send them an email, or give them a call today!)