Criminal Justice Reform

In a speech during a NAACP meeting on July 4th, 2015, President Obama focused on criminal justice reforms. He called for sentencing reforms, for prosecutors to be proportionate, and for review on the overuse of solitary confinement. He suggested prisoners be rewarded with reduced sentences if they complete programs that make them less likely to commit a repeat offense. (1)

Over half of victims of violent crime support shorter sentences and more programming as opposed to a longer prison sentence for the offender. "Victims of violent crime widely support shorter sentences and a reduced reliance on incarceration. In an ASI survey of victims of violent crime, 61% of the people surveyed preferred shorter prison sentences and spending more on prevention and rehabilitation programs. In addition, 69% of victims surveyed preferred creating different options to hold people." (2)

One of these reasons is that many survivors have unmet needs that go beyond punishment. "Punishment alone does very little to heal the gaping wound a crime can leave on victims and their families," writes Linda Mills, professor of social work at New York University, noting that the criminal legal system overlooks victims' needs beyond a desire for punishment. (3)

A crime survivors desire for punishment must be balanced with societal goals of advancing safety, achieving justice, and protecting human dignity. Survivors of violent crime are not of one mind regarding extreme punishment, and some have supported second look efforts. Becky Feldman, who lost her brother to homicide stated "I deeply appreciate the importance of closure and holding people accountable. But it was my time at the Public Defender's office representing inmates that brought me healing and purpose. There is so much humanity, talent, and kindness behind prison walls, and we cannot give up on them." (4)

Some people impacted by violent crime will object to resentencing even if resentencing does not pose a public safety risk. Often, survivors' limited contact with the individual who caused the harm leaves them ill-prepared to assess risk of future violence, especially in cases resulting in long sentences. (5) Other times, the desire for additional punishment may be independent from public safety concerns, but it runs counter to the principles that the criminal legal system should seek to uphold. In these instances, it is worth noting, as Sered has observed:

A survivor-centered system is not a survivor-ruled

system. Valuing people does not mean giving them

sole and unmitigated control. The criminal justice

system maintains a responsibility to safety, justice,

and human dignity that it should uphold even when

those interests run contrary to survivors' desires. (6)

Excessive penalties for violent crimes are not only ineffective -- incapacitating people who no longer pose a public safety threat and producing little deterrent effect -- they also divert investment from more effective public safety programs. Successful reforms underscore the need to consider the human and fiscal costs of excessive punishment and to rely on evidence, rather than emotion, to invest effectively in public safety. (7)

-- Nicholas Kelly MDOC #648663 (Criminal Justice Advocate; Sept 20, 2024)

(1, 2) MI-CURE

(3) "The Justice of Recovery: How the state can heal the violence of crime." Hastings Law Journal, 2006

(4) University of Baltimore School of Law, "Public defender and UB law alumna named to head Baltimore State's new sentencing review unit," Dec. 2020

(5) "Improving parole release in America." Federal Sentencing Reporter, Rhine, E. E., Petersilia, J., & Reitz, R. 2015

(6) "Accounting for violence: How to increase safety and break our failed reliance on mass incarceration." Vera Institute of Justice. Sered, D. 2017

(7) "The Next Step: Ending Excessive Punishment for Violent Crimes," The Sentencing Project