Political Posturing Aims for Re-Election, not for Problem Solving

 For the last decade, or so, criminal justice and prison reforms have trickled through legislatures around the county. Some of these reforms have been motivated by Supreme Court cases, like the ban on mandatory life without parole sentences for juveniles (Miller v. Alabama, 2012). Other reforms have been through grassroots efforts. These reforms have been largely encouraging, though often slow in execution, for those of us in prison. But I sense a shift changing in the conversation, and it's making me nervous. 

The last couple of years have seen significant increases in crime rates in some major cities, and probably modest increases in many smaller cities. This is a disturbing trend. But rather than seeking to address the causes of the recent rise in crime, some politicians are seeking to weaponize tragedy for political gain. 

One such subject that has become increasingly politicized is bail reform. Many politicians and reform advocates considered bail reform low hanging fruit because it was largely uncontroversial and addressed an area of the criminal justice system that disproportionately affected low income people and racial minorities. The argument was that bail reform was necessary to fix occasions where people lost jobs and their children because they could not afford even low bail amounts. The discussion on bail reform centered on non-violent, low-level offenses. 

Unfortunately, many of the bail reform policies have had imperfect application. When a few judges released potentially violent offenders who committed more crimes after their no-bail release, some politicians capitalized on these occasions to deride bail reform in its entirety. They are dead wrong. Bail reform is necessary, even if it needs tweaking to prevent some offenders from committing more violence. We should not trample on the rights of many to justify holding a few. 

When politicians weaponize tragedy, they create fear in the public and motivate people to vote for their party. Just such a strategy is happening as I write. Rising crime rates are not caused by bail or sentence reforms. Bail reform stems from recognizing the injustice and inequality in our criminal justice system that has historically favored those with money and social privilege. Sentence reforms stem from scientific evidence that longer sentences do not lead to greater rehabilitation and do not make communities safer. 

Demands for harsher sentencing, the return of unjust use of bail, or even no-fly lists for unruly plane passengers will not make America safer. These are bandaids that have already proven to be a very costly failure, both monetarily and in terms of broken families and lost years for those incarcerated. Politicians ought to tackle the root of the problem, like economic and job insecurity, crumbling mental health, and the unbearable tension caused by constant political infighting. 

But tackling these issues will not gain votes. The public feels safer with harsh responses to crime, not calls for solving root problems. And so, we continue this senseless rollercoaster of criminal justice policy changes. 

Let's let history teach us something, shall we? Let's look back at the complete failure of the criminal justice policies from the '80s and '90s that led to mass incarceration in America. And let's not repeat these mistakes by thinking the iron fist of the law will solve the causes of crime. It won't. It'll only lead to greater heartbreak for millions of Americans. 

It's time we turn the catchphrase "Smart on Crime" into action. Let's continue to make smart reforms that lower incarceration while making investments in communities (including prison) that address the causes of crime. Yes, crime needs to be punished, and communities need to be safe by removing offenders for a time. But let's not think that historical policies of "lock 'em up and throw away the key" work. They didn't then, and they won't now. It's time that America begins holding politicians accountable for their political slight of hand that aims to do one thing, and one thing alone: get them re-elected.