The Challenge of Criminal Justice Reform, Square One Project-Columbia University, 2019
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EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY JANUARY 2019 Bruce Western, Justice Lab, Columbia University THE CHALLENGE OF CRIMINAL JUSTICE REFORM The Square One Project aims to incubate new thinking on our response to crime, promote more effective strategies, and contribute to a new narrative of justice in America. Learn more about the Square One Project at squareonejustice.org The Executive Session was created with support from the John D. and Catherine T. MacArthur Foundation as part of the Safety and Justice Challenge, which seeks to reduce over-incarceration by changing the way America thinks about and uses jails. 04 09 16 THE PUNITIVE REVOLUTION IN AMERICAN CRIMINAL JUSTICE THE CONTEXT OF INCARCERATION: RACIAL INEQUALITY, POVERTY, AND VIOLENCE IMPLICATIONS FOR REFORM 22 22 24 ENDNOTES REFERENCES ACKNOWLEDGEMENTS 24 25 AUTHOR NOTE MEMBERS OF THE EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 02 THE CHALLENGE OF CRIMINAL JUSTICE REFORM After more than three decades of rising prison and jail populations, a new era of low crime rates and criminal justice reform has begun to reverse the U.S. trend in incarceration. Although violence has sometimes flared in a few cities, the national violent crime rate has for a decade remained at a level not seen since the early 1960s (Sharkey 2018). EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 03 THE CHALLENGE OF CRIMINAL JUSTICE REFORM Reforms have been wide-ranging. The federal government has supported local reentry initiatives, at least since 1999. Prison over-crowding was relieved through litigation. Legislation and ballot initiatives reduced drug sentences. Probation and parole agencies cut revocations for technical violations; legislation also reduced periods of community supervision and periods of incarceration for violations. At the entrypoint to incarceration, some jurisdictions have reduced or eliminated the use of money bail. Others are re-examining the use of court-imposed fees. Prosecutorial reform is being pressed both through convenings among district attorneys, and at the ballot box in DA elections. Beyond direct efforts at reducing incarceration, quantitative analysis is guiding criminal justice decision-making. Randomized controlled trials are being used to evaluate correctional programs. Quantitative risk assessment is increasingly used to decide pre-trial detention and classify levels of custody in prison. EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY Of the many reform efforts, some are fundamental, disrupting the logic of a system that has come to rely on harsh punishment. Others seem more superficial, unlikely to yield large reductions in imprisonment. The many efforts to reverse mass incarceration can be cacophonous, pushing in many directions at once. Often missing from this mounting wave of reform is an alternative vision of justice. In this paper, I propose a framework for the future direction of criminal justice reform. The punishing effects of American criminal justice have become pervasive in communities challenged by racial inequality, poverty, and violence. Responding to violence in contexts of racial inequality and poverty is the fundamental challenge for reform. To meet this challenge, we must develop socially-integrative responses to violence that draw victims and offenders back into the social compact. Such responses will help restore social bonds and build pathways of opportunity for communities contending with poverty and racial exclusion. 04 THE CHALLENGE OF CRIMINAL JUSTICE REFORM THE PUNITIVE REVOLUTION IN AMERICAN CRIMINAL JUSTICE EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 05 THE CHALLENGE OF CRIMINAL JUSTICE REFORM The scale of incarceration in the United States increased continuously from 1972 to 2007. Prison and jail populations both increased dramatically, and the incarceration rate rose to a level five times higher than that prevailing for most of the twentieth century (Figure 1). In 2016, the latest year for which data are Figure 2 shows the growth of incarceration available, there were 2.17 million people among minority men with little schooling. incarcerated in jails, or in state or federal Each bar in the figure shows the percentage prisons, and the United States had the of men who have served time in prison by highest incarceration rate in the world age 30 to 34, approximately equal to the (Kaeble and Cowhig 2018; Walmsley 2013). lifetime risk of imprisonment. The figure Community corrections populations also indicates a large racial disparity; black also grew. Another 4.65 million people in men are five to six times more likely to be 2016 were on probation or parole, and this imprisoned than white men. Importantly, community corrections population had the chances of imprisonment are low for increased with the growth in incarceration. those with college education, but much The long time series in Figure 1 also shows higher for men who have never finished high that the incarceration rate has dipped down school. Among black men born 1945 to 1949, over the last ten years, falling from its peak about 14 percent of those who never finished of 762 people per 100,000 in 2007 to 695 high school had been to prison by age 35. people per 100,000 in 2016. Although the Among black men born 1975 to 1979, about incarceration rate is no longer increasing, 67 percent are estimated to have been the fraction of the U.S. population behind imprisoned. Within a generation, prison time bars remains historically high. became common in the lives of black men with low levels of schooling. For black men as a whole, incarceration rates increased EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY THE CHALLENGE OF CRIMINAL JUSTICE REFORM INCARCERATION RATE PER 100,000 PEOPLE 06 800 600 400 200 0 1925 1940 1955 FIGURE 1 Prison and jail incarceration rates per 100,000 people in the United States, 1925 to 2016. 1970 1985 2000 2015 Prison only Prison and jail Sources: Travis, Western, and Redburn (2014); Kaeble and Cowhig (2018). EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 07 THE CHALLENGE OF CRIMINAL JUSTICE REFORM THE CRIMINAL JUSTICE SYSTEM BECAME A VAST APPARATUS ORGANIZED TO PUNISH, EXCLUDE, AND CLOSE OFF OPPORTUNITIES so much that serving time in prison became The punitive revolution in American more likely than graduating college with criminal justice has brought us to a unique a four-year degree (Western 2006). point in history. Prison populations are extraordinarily large and criminal justice High incarceration rates and pervasive agencies are focused in myriad ways on incarceration among black men with little the task of punishment. While the extent schooling came to be known as mass of punishment has come to feel normal, incarceration and was the most striking sign it is extreme, departing from historical of a punitive revolution in American criminal and international standards. Beyond the justice. Conditions in prisons became scale of the system, there is deep social more punishing as overcrowding became inequality in criminal punishment. African common and educational programming was American men are much more likely to cut (e.g., Haney 2006; Travis, Western, and go to prison than any other demographic Redburn 2014, chapter 5). As community group, and incarceration is now pervasive correction populations swelled, probation among black men with little schooling and parole became surveillance agencies and in the communities in which they live. monitoring compliance with conditions of Although disadvantaged communities must release and abandoning the historic mission now cope with incarceration, community of rehabilitation (Petersilia 2003). As states supervision, court fines and fees, and cut taxes, fines and fees proliferated, adding collateral consequences on a vast scale, charges for incarceration, prosecution, fundamental change is on the horizon. and community supervision to cover the The country has entered a period of costs of a system for which voters were reform. What should replace America’s unwilling to pay (Harris 2016). Even after great experiment with punishment in its sentences were completed, millions of men poorest communities of color? and women were hamstrung by criminal background checks in applications for jobs, housing, and credit. Criminal records limited voting rights, eligibility for federal benefits, and access to licensed occupations. The criminal justice system became a vast apparatus organized to punish, exclude, and close off opportunities. EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY THE CHALLENGE OF CRIMINAL JUSTICE REFORM CUMULATIVE RISK OF IMPRISONMENT (%) 08 70 60 50 40 30 20 10 0 College HS/GED WHITE <HS College HS/GED <HS LATINO FIGURE 2 Cumulative risk of imprisonment in 1979 and 2009 for birth cohorts of men born between 1945–1949 and 1975–1970, by race and education. EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY College HS/GED <HS BLACK Born 1945–1949 Born 1975–1979 College indicates college educated, HS/GED indicates high school graduates or equivalent, and HS indicates those who have not completed high school. Source: Western and Pettit (2010). 09 THE CHALLENGE OF CRIMINAL JUSTICE REFORM THE CONTEXT OF INCARCERATION: RACIAL INEQUALITY, POVERTY, AND VIOLENCE EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 10 THE CHALLENGE OF CRIMINAL JUSTICE REFORM Understanding alternatives to pervasive incarceration involves understanding the social worlds in which punitive criminal justice currently operates. I argue that the social world of mass incarceration is defined by three characteristics: racial inequality, poverty, and a high level of violence (Western 2018). RACIAL INEQUALITY Racial inequality is a dominating reality important role when, for instance, banks for the criminal justice system. African and landlords made decisions that excluded Americans are five to six times more minority families from white neighborhoods. likely to be incarcerated than whites; But racial inequality also has taken an Latinos are about twice as likely to be institutionalized form, woven into police incarcerated as whites. Because of racial routines and penal codes, so disparities segregation in housing and the concentration in punishment would endure even if of poverty in minority neighborhoods, jail discrimination were eliminated among time, parole appointments, and police line officers and sentencing judges. interactions have become a regular part of life in disadvantaged communities of color.1 Overt discrimination has played an EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 11 THE CHALLENGE OF CRIMINAL JUSTICE REFORM Some commentators saw little injustice highest rates of arrest and incarceration in the racial disparities in incarceration. (Sampson 2012; Clear 2007; Simes 2016). High rates of incarceration among African The spatial concentration of policing and Americans were simply a reflection of racial incarceration is not lost on community disparities of crime. As John Dilulio (1996) residents, who have often grown alienated wrote, “If blacks are overrepresented in the and cynical about the true intentions of ranks of the imprisoned, it is because blacks the justice system (Bell 2016). are overrepresented in the criminal ranks— and the violent criminal ranks, at that.” But The spatial concentration of incarceration this naturalizes the link between crime and in poor communities of color meant that incarceration. Of all the different ways that the negative consequences of incarceration policymakers could have responded to the were also spatially concentrated in problem of crime, a course was chosen that those communities. Research shows greatly curtailed the liberty of a segment of that incarceration is associated with the population who have had to fight for their diminished earnings and employment, freedom from the beginning. family disruption, and poor health (Wakefield and Uggen 2010; Wildeman and Muller Successive eras of forced confinement for 2012). Even without mass incarceration, African Americans are not just an historical there were large racial inequalities in labor abstraction. One legacy of a history of racial market outcomes, family structures, and oppression is segregation in housing, in health statuses. Mass incarceration has which black residents are largely confined added to the disadvantages of communities to black neighborhoods. Because the poverty of color along all those dimensions. rate is so much higher for blacks than whites, black residents are much more likely to live in high-poverty neighborhoods. High-poverty minority neighborhoods became focal points of punitive criminal justice policy, facing the EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 12 THE CHALLENGE OF CRIMINAL JUSTICE REFORM POVERTY Although there are large racial disparities treatment. Untreated addiction and mental in incarceration, inequalities in criminal illness can draw people into conflict with punishment have grown most along the law, and jails and prisons become health economic, not racial lines. Incarceration care providers of last resort. For example, rates increased most among those who in the Boston Reentry Study, an interview had the worst economic opportunities, study with a sample of men and women among those with the lowest levels of newly released from state prison, two-thirds education. Because poverty rates are so reported histories of mental illness, high among African Americans, astonishing drug addiction, or both (Western 2018). rates of incarceration emerged in poor black neighborhoods. The connections between poverty, homelessness, and incarceration have The term poverty usually refers to low been found in a range of research sites income, and by itself fails to capture all (Metraux, Roman, and Cho 2007; Herbert, the accompanying social problems that Morenoff, and Harding 2015). More of private are closely correlated with incarceration. life is conducted in public for those who are Three correlates are particularly insecurely housed or homeless. Private life important for connecting poverty to in public space exposes poor people to police incarceration: untreated addiction and scrutiny. Buying and using drugs, quarreling, mental illness, housing insecurity and and fighting all become risk factors for homelessness, and life histories of trauma arrest when unfolding on the street instead and victimization. In earlier work, I used of in private homes (Duneier 1999). Housing the term “human frailty” to describe the insecurity is also acute after incarceration, cluster of maladies that accompany the so unstable housing comes to contribute harsh conditions of American poverty to the process of repeated incarceration. (Western 2018). High rates of mental illness and drug addiction are well-documented in correctional populations. Low-income families confronting addiction and mental illness can also struggle to find adequate EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 13 THE CHALLENGE OF CRIMINAL JUSTICE REFORM Life conditions of poverty, marked by corrosive without adequate treatment. untreated mental illness, addiction, and Housing is unstable without affordable housing instability, have often formed the alternatives. Trauma in childhood arises in context for a chaotic home life. The social chaotic homes and disorderly neighborhoods dynamics of poor neighborhoods are unable in which adult guardians are themselves to guard against street violence and other buffeted by economic insecurity. Young crime. Growing up in such homes and people, especially men, who are not neighborhoods, men and women who have productively occupied as spouses, parents, been incarcerated have often experienced and breadwinners, get into trouble in serious trauma in childhood, and have neighborhoods that lack resources for serious histories of violent victimization. recreation, education, and employment. In the Boston Reentry Study, 40 percent of the sample had witnessed someone being killed in childhood, and a similar percentage had grown up with family violence (Western 2018). Poverty is not just low income, but a cluster of life adversities that reflect failures of state support as much as material hardship. Addiction and mental illness become POVERTY IS NOT JUST LOW INCOME, BUT A CLUSTER OF LIFE ADVERSITIES THAT REFLECT FAILURES OF STATE SUPPORT AS MUCH AS MATERIAL HARDSHIP EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 14 THE CHALLENGE OF CRIMINAL JUSTICE REFORM VIOLENCE For those who have been incarcerated, Poor neighborhoods also contend with childhood trauma is often just one part violence. Violence can flourish where of a larger social environment in which the poverty has depleted a neighborhood risks of violence have been sustained over of steady employment, community a lifetime. Violence in the lives of men and organizations, and a stable population women who go to prison is often strongly that can monitor street life. What contextual, arising under conditions of criminologists call the informal social poverty. (For research on the links between controls of family and employment are violence and poverty, see Evans 2004, in short supply. Community groups that Sampson 2012, Sharkey 2018). Under can engage young men and provide adult these conditions, social psychologists supervision bring structure to social life have found that home life may lack and reduce the possibility of crime. routine, adult guardians may be away at work, and unrelated men may pass through Violence rooted in the social environments the households of children who are later of poverty—chaotic homes and disorderly at risk of imprisonment as adults. Such neighborhoods—is more a product of chaotic homes are rooted not in the bad unchosen circumstances than individual character of their residents, but in material dispositions or character. A key implication circumstances of poverty. In such homes is that those living in those circumstances that lack predictability, routine and stable come to play many roles in relation to guardianship invite victimization and offer violence: victim, offender, and witness. little safety in the event of trouble. Often, those who have committed violence have also witnessed and been victimized by it. EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 15 THE CHALLENGE OF CRIMINAL JUSTICE REFORM VIOLENCE CAN FLOURISH WHERE POVERTY HAS DEPLETED A NEIGHBORHOOD OF STEADY EMPLOYMENT, COMMUNITY ORGANIZATIONS, AND A STABLE POPULATION THAT CAN MONITOR STREET LIFE Incarcerated men and women have lived crime, perhaps around just 10 percent of with serious violence, but has the growth in the 1990s crime decline. (See the review incarceration made communities safer? The of research on the effects of incarceration social costs of mass incarceration might be on crime in Travis, Western, and Redburn justified if the punitive revolution significantly 2014, chapter 5, and Durlauf and Nagin 2011). reduced violence. It is true that crime rates fell dramatically from the early 1990s while Assessments of the effects of incarceration incarceration rates increased. By 2015, the on crime also overlook the unemployment murder rate was at a historically low level. that comes with prison and its aftermath, The great decline in American violence the costs to family of visitation and reentry, significantly improved the quality of life in the separation of children from parents, or disadvantaged communities. But the growth the cynicism that grows in heavily policed in incarceration appears to have played only communities. Neither does the research a small role. Researchers have been unable weigh the injustice of imprisonment that is to find compelling evidence that high and concentrated among people who themselves demographically concentrated rates of have been seriously victimized by crime, incarceration produced large and long-term who are poor, and mostly African American reductions in violent crime. Given the great or Latino. Finally, even the crime reductions fiscal cost, prison has failed to clearly yield that incarceration can take credit for should a positive return on investment. be judged against alternative approaches, not the politically impossible option of doing Dozens of studies have tried to calculate nothing. For all these reasons, the punitive the effects of the prison boom on crime, revolution failed to clearly bring justice yet there is little evidence of a large effect. and safety to America’s poorest and most Estimating the effects of prison population troubled communities. growth on crime is difficult because crime itself is a cause of incarceration. There are several excellent summaries of this research, but most conclude that the fourfold growth in incarceration rates from the 1970s to the 2000s produced only a small reduction in EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 16 THE CHALLENGE OF CRIMINAL JUSTICE REFORM IMPLICATIONS FOR REFORM EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 17 THE CHALLENGE OF CRIMINAL JUSTICE REFORM Under conditions of racial inequality and poverty, which formed a context for violence in homes and neighborhoods, incarceration became the ready answer to a range of challenging social problems. Sentencing policy relied on long terms back criminal sentences to their 1980 level, of imprisonment for people convicted the scale of incarceration would return to of violent offenses who themselves had historical standards. Second, a scientific histories of serious victimization. For impulse resists crime policy populism poor people facing joblessness, untreated and seeks to bring data analysis and other addiction, and homelessness, prisons and systematic evidence to bear on policy and jails designed for punishment and detention correctional management. Evidence-based became de facto shelters, detox units, policy are the watchwords of the scientific and mental health facilities. impulse. Third, an ethical impulse has elevated values of redemption, fairness, After decades of harsh sentencing and and human dignity as counterweights to mounting incarceration rates, criminal punitive crime policy that divides the moral justice reforms are gaining momentum universe between good and bad, victim around the country. The gathering criminal and offender. justice reform conversation is propelled by three impulses. First, a libertarian impulse seeks to shrink the system and make government less intrusive in the lives of its people. Appetite for downsizing prisons was sharpened by the 2008 recession, when correctional budgets threatened to plunge states into fiscal crisis. According to the libertarian impulse, if we could dial EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 18 THE CHALLENGE OF CRIMINAL JUSTICE REFORM FUNDAMENTAL REFORM MUST ALSO GRAPPLE DIRECTLY WITH THE SOCIAL CONDITIONS IN WHICH MASS INCARCERATION EMERGED Each of these impulses has shifted crime social justice, and the goals of promoting policy in a less punitive direction, but safety and reducing the harms of violence fundamental reform must also grapple are continuous with providing order, directly with the social conditions in which predictability, and material security in daily mass incarceration emerged. Violence, life. If today’s racial inequality—marked by poverty, and racial inequality are deep neighborhood segregation, discrimination, challenges to our politics and public policy. and racial disparity in incarceration—is the Significantly reducing incarceration will residue of historical contests over black require reducing sentences for violent freedom and citizenship, then justice reform offenses, and this will ultimately involve will also involve settling accounts with new ways of thinking about the problem history. Creating justice institutions that of violence and responding to it. The are widely esteemed and belonging to all moral outrage that activates our punitive involves acknowledgement of the historic instincts understands violence as the and collective injuries of mass incarceration. strong preying on the weak. But violent contexts produced under conditions of The challenge of justice reform is one of poverty and racial inequality dissolves the social and political imagination—envisioning bright line between victims and offenders. how justice institutions might help The ethics of punishment must weigh this extinguish rather than fan the flames of moral complexity. poverty, racial inequality, and violence in heavily disadvantaged communities. If poverty produces chaotic homes and Mass incarceration failed as public policy disorderly neighborhoods, threats of precisely because it was divisive, eroding violence and bodily harms are related less the social bonds of family and community. to the individual dispositions of offenders Public safety does not depend mostly on than to social environments. Justice is then the work of police, courts, and prisons. found more in the abatement of violent Instead, it is produced by a raft of social environments than in the punishment of institutions—families, schools, employers, violent people. A re-imagined criminal churches and neighborhood groups, and justice will concede some jurisdiction to the bonds of community—that regularize other agencies—departments of housing, social life and promote daily routine. child services, public health, education, and labor. Here, criminal justice becomes EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 19 THE CHALLENGE OF CRIMINAL JUSTICE REFORM Social institutions activate the attention Harsh and narrowly concentrated of neighbors, co-workers, spouses, punishment, particularly the teachers, and employers who monitor, community-eroding instrument of conduct, and stand as a normative incarceration, offers little to such reminder of order. The social institutions a re-imagined criminal justice. Instead, of community life are age graded. As children in the aftermath of violence, our courts grow into adolescence and then adulthood, and correctional agencies should help they are socialized into the roles of spouse, rebuild the social membership of victims worker, and citizen that help maintain and offenders alike—both of whom have regularity and routine in daily life. Movement been alienated from the social compact by through the life course has an important violence. In part, this will involve recognizing material component, where growing up histories of victimization and trauma of confers not just independence from family those who were most recently offenders. and school, but also the means to sustain In part, it will involve attending to the needs oneself and others. Communities rich in of victims directly, instead of hoping that institutions and social connection enjoy victims might find relief and restoration a thick kind of public safety that provides from the offender’s punishment. predictability and material security in everyday life. Community residents aren’t In short, responses to violence that just free from bodily threats. They are emerge in contexts of poverty and racial materially secure in their housing, intimate inequality must be socially integrative, relationships, and livelihoods. Thick public helping to build the conditions of opportunity safety lengthens people’s time horizons, and social connection that underpin thick allowing them to imagine a future in which public safety. With social integration as it makes sense to invest in themselves a basic principle of justice reform, we can and their children. revisit the libertarian, scientific, and ethical reform impulses of the current period. IN THE AFTERMATH OF VIOLENCE, OUR COURTS AND CORRECTIONAL AGENCIES SHOULD HELP REBUILD THE SOCIAL MEMBERSHIP OF VICTIMS AND OFFENDERS ALIKE EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 20 THE CHALLENGE OF CRIMINAL JUSTICE REFORM First, libertarianism. Shrinking correctional capable of individualized assessment populations will contain government policy and management, unyielding to changing run amok, but by itself will not do enough social environments. Race and class to restore the social bonds of community disparities in crime and law enforcement in the aftermath of violence. Instead, public are imprinted on the estimation of individual investments are needed to address the risk, singling out poor people of color for harms suffered by victims, and to create intensive attention. Quantitative prediction a path back to community for those who have used in this way offers little to the project hurt others. In communities that are poor and of fundamental justice reform isolated by segregation, public investment is itself a type of social integration, knocking Finally, the ethical impulse. Elevating down barriers to mobility and sharing values of redemption, compassion, and opportunity more widely. human dignity affirms the sense of common humanity that motivates the project of Second, the scientific impulse. The social integration. Often these values are use of systematic quantitative evidence enlisted to justify mercy or leniency that is an indispensable answer to the moderate harsh punishment. But even the hot emotions that have driven harsh ethical impulse is an incomplete response, sentencing policy. But in practice, the unless it also provides the opportunity authority of quantitative precision for moral action among those who have has been bestowed on individualized harmed others. Just as incarceration asks assessments of risk and retribution no moral agency from prisoners, leniency that can threaten social integration. can also be morally disengaged without Improved predictions of future conduct a dialogue about the perpetrator’s role in have long been an elusive goal through harm and acknowledgement of the pain experiments in selective incapacitation suffered by victims. and intensive parole supervision that date from the 1970s and 1980s. Today’s predictive analytics for risk assessment are the latest tours on this journey. For these predictive efforts, criminal conduct is regarded as a personal attribute EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 21 THE CHALLENGE OF CRIMINAL JUSTICE REFORM Beyond the impulses of libertarianism, Second, a re-imagined criminal justice scientism, and human values, the principle will actively draw victims and offenders of social integration offers two ready back into the social compact and offer guides for justice reform. First, penal avenues of opportunity to social and policy that adds to poverty and racial material security. Socially integrative inequality is a self-defeating strategy for measures that support communities to community health and safety. Instead, provide housing, health care, and education fundamental reform efforts should cut build opportunity and human capacity. In the connections between incarceration, this vision, social integration will replace poverty, and racial inequality. Elimination punishment, and much of this work will be of money bail and legal financial done outside of traditional criminal justice obligations, education and training, agencies. Providing material security and reentry programs providing treatment, predictability in daily life will establish housing, and employment are all examples a virtuous circle that promotes safety of reforms that erode the criminalization and reduces the harms of violence, while of socioeconomic disadvantage. strengthening the bonds of family and community. In such a world, those facing the challenges of violence, harsh poverty, PROVIDING MATERIAL SECURITY AND PREDICTABILITY IN DAILY LIFE WILL ESTABLISH A VIRTUOUS CIRCLE THAT PROMOTES SAFETY AND REDUCES THE HARMS OF VIOLENCE, WHILE STRENGTHENING THE BONDS OF FAMILY AND COMMUNITY EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY and historically embedded racial inequality might find a level of safety and well-being that allows them to better imagine a future for themselves and for their children. 22 THE CHALLENGE OF CRIMINAL JUSTICE REFORM ENDNOTES REFERENCES 1 Trends in racial and ethnic disparities Bell, Monica C. 2016. Essays on in incarceration are discussed in the Police Relations in the Context of National Academy of Sciences report Inequality. Ph.D. thesis, Sociology on the causes and consequence of high and Social Policy, Harvard University, incarceration rates in the United States Cambridge, MA. (Travis et al. 2014, chapter 2). Clear, Todd. 2007. Imprisoning Communities: How Mass Incarceration Makes Disadvantaged Neighborhoods Worse. New York: Oxford University Press. DiIulio, John. 1996. “My Black Crime Problem, and Ours.” City Journal 6:14–28. Duneier, Mitchell. 1999. Sidewalk. New York: Farrar, Straus, and Giroux. Durlauf, Steven N. and Daniel S. Nagin. 2011. “The Deterrent Effect of Imprisonment.” In Controlling Crime: Strategies and Tradeoffs, edited by Philip J. Cook, Jens Ludwig, and Justin McCrary, pp. 43–94. University of Chicago Press. Evans, Gary W. 2004. “The Environment of Childhood Poverty.” American Psychologist 59:77–92. EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 23 THE CHALLENGE OF CRIMINAL JUSTICE REFORM Haney, Craig. 2006. Reforming Sampson, Robert J. 2012. Great Western, Bruce. 2006. Punishment and Punishment: Psychological Limits to the American City: Chicago and the Enduring Inequality in America. New York: Russell Pains of Imprisonment. Washington, DC: Neighborhood Effect. Chicago, IL: Sage Foundation. American Psychological Association. University of Chicago Press. Harris, Alexes. 2016. A Pound of Flesh: Sharkey, Patrick. 2018. Uneasy Peace: Life in the Year After Prison. New York: Monetary Sanctions as Punishment The Great Crime Decline, the Renewal of Russell Sage Foundation. for the Poor. New York: Russell City Life, and the Next War on Violence. Sage Foundation. New York: Norton. Western, Bruce. 2018. Homeward: Western, Bruce and Becky Pettit. 2010. “Incarceration and Social Inequality.” Herbert, Claire W, Jeffrey D Morenoff, Simes, Jessica T. 2016. Essays on and David J Harding. 2015. Place and Punishment in America. “Homelessness and Housing Instability Ph.D. thesis, Harvard University. among Former Prisoners.” Russell Sage Foundation Journal 1:45–79. Daedalus 139(3):8–19. Wildeman, Christopher and Christopher Muller. 2012. “Mass Imprisonment Travis, Jeremy, Bruce Western, and Inequality in Health and Family and Stephens Redburn (eds.). 2014. Life.” Annual Review of Law and Social Kaeble, Danielle and Mary Cowhig. The Growth of Incarceration in the Science 8:11–30. 2018. “Correctional Populations in the United States: Exploring Causes and United States, 2016.” Bureau of Justice Consequences. Washington, DC: Statistics NCJ 251211. National Academy Press. Metraux, Stephen, Caterina G. Wakefield, Sara and Christopher Roman, and Richard S. Cho. 2007. Uggen. 2010. “Incarceration and “Incarceration and Homelessness.” Stratification.” Annual Review of National Symposium on Homelessness Sociology 36:387–406. Research pp. 1–31. Walmsley, Roy. 2013. “World Prison Petersilia, Joan. 2003. When Population List, Tenth Edition.” Prisoners Come Home: Parole and Technical report, International Prisoner Reentry. New York: Oxford Prison Studies Centre, Kings College, University Press. London, UK. EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 24 THE CHALLENGE OF CRIMINAL JUSTICE REFORM ACKNOWLEDGEMENTS AUTHOR NOTE The author is grateful to fellow Executive Session colleagues Vinny Schiraldi, Abbey Stamp, Elizabeth Trejos Castillo, Kris Steele, Jeremy Travis, Katharine Huffman, and Anamika Dwivedi for their comments on an earlier draft of this paper. Bruce Western is the co-founder and co-director of the Justice Lab at Columbia University. He is also a professor of sociology at Columbia University. Designed by soapbox.co.uk EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY 25 THE CHALLENGE OF CRIMINAL JUSTICE REFORM MEMBERS OF THE EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY Abbey Stamp | Executive Director, Multnomah County Local Public Safety Coordinating Council Emily Wang | Director, Health Justice Lab & Co-Founder, Transitions Clinic Network Nneka Jones Tapia | Inaugural Leader in Residence, Chicago Beyond Amanda Alexander | Founding Executive Director, Detroit Justice Center Greisa Martinez | Deputy Executive Director, United We Dream Pat Sharkey | Professor and Chair of Sociology, NYU & Scientific Director, Crime Lab New York Arthur Rizer | Director of Criminal Justice and Civil Liberties, R Street Institute Bruce Western | Co-Director and Co-Founder, Justice Lab, Columbia University Danielle Sered | Executive Director, Common Justice Daryl Atkinson | Co-Director, Forward Justice Elizabeth Glazer | Director, New York City’s Mayor’s Office of Criminal Justice Elizabeth Trejos-Castillo | C. R. Hutcheson Endowed Associate Professor, Texas Tech University Elizabeth Trosch | District Court Judge, 26th Judicial District of North Carolina EXECUTIVE SESSION ON THE FUTURE OF JUSTICE POLICY Jeremy Travis | Executive Vice President of Criminal Justice, Laura and John Arnold Foundation Katharine Huffman | Executive Director, Square One Project, Justice Lab, Columbia University Robert Rooks | Vice President, Alliance for Safety and Justice Sylvia Moir | Chief of Police, Tempe, Arizona Kevin Thom | Sheriff, Pennington County, South Dakota Thomas Harvey | Justice Project Program Director and Senior Attorney, Advancement Project Kris Steele | Executive Director, TEEM Tracey Meares | Founding Director, The Justice Collaboratory Lynda Zeller | Senior Fellow Behavioral Health, Michigan Health Endowment Fund Vikrant Reddy | Senior Fellow, Charles Koch Institute Matthew Desmond | Professor of Sociology, Princeton University & Founder, The Eviction Lab Melissa Nelson | State Attorney, Florida’s Fourth Judicial Circuit Nancy Gertner | Professor, Harvard Law School & Retired Senior Judge, United States District Court Vincent Schiraldi | Co-Director and Co-Founder, Justice Lab, Columbia University Vivian Nixon | Executive Director, College and Community Fellowship The Executive Session on the Future of Justice Policy, part of the Square One Project, brings together researchers, practitioners, policy makers, advocates, and community representatives to generate and cultivate new ideas. The group meets in an off-the-record setting twice a year to examine research, discuss new concepts, and refine proposals from group members. The Session publishes a paper series intended to catalyze thinking and propose policies to reduce incarceration and develop new responses to violence and the other social problems that can emerge under conditions of poverty and racial inequality. By bringing together diverse perspectives, the Executive Session tests and pushes its participants to challenge their own thinking and consider new options.