Justice System Reform

The United States incarcerates more of its residents than any other nation. Though home to five percent of the global population, the United States has nearly 25 percent of the world’s prisoners - a total of over two million people. This number continues to steadily rise. Over the past 40 years, the number of people behind bars in the United States has increased by 500 percent.

Electronic monitoring. Locked-down drug treatment centers. House arrest. Mandated psychiatric treatment. Data-driven surveillance. Extended probation. These are some of the key alternatives held up as cost-effective substitutes for jails and prisons. But many of these so-called reforms actually widen the net, weaving in new strands of punishment and control, and bringing new populations, who would not otherwise have been subject to imprisonment, under physical control by the state.

How can we be proud of a system of justice that often pressures the innocent to plead guilty? How can we claim that justice is equal when we imprison thousands of poor Black men for relatively modest crimes but rarely prosecute rich white executives who commit crimes having far greater impact? Federal Judge Jed S. Rakoff, a leading authority on white-collar crime, explores these and other puzzles in Why the Innocent Plead Guilty and the Guilty Go Free, a startling account of our broken legal system.

In June 1985, a young Black man named Darryl Hunt was falsely convicted and sentenced to life in prison for the rape and murder of a white copyeditor at the local paper. Many in the community believed him innocent and crusaded for his release even as subsequent trials and appeals reinforced his sentence. Finally, in 2003, the tireless efforts of his attorney combined with an award-winning series of articles by Phoebe Zerwick in the Winston-Salem Journal led to the DNA evidence that exonerated Hunt.

In Get Off My Neck, Debbie Hines draws on her unique perspective as a trial lawyer, former Baltimore prosecutor, and assistant attorney general for the State of Maryland to argue that US prosecutors, as the most powerful players in the criminal justice system, systematically target and criminalize Black people. Hines describes her disillusionment as a young Black woman who initially entered the profession with the goal of helping victims of crimes, only to discover herself aiding and abetting a system that prizes plea bargaining, speedy conviction, and excessive punishment above all else.

When The New Press, the Center for American Progress, and the Formerly Incarcerated and Convicted Peoples and Family Movement issued a call for innovative reform ideas, over 300 currently and formerly incarcerated individuals responded. What We Know collects two dozen of their best suggestions, each of which proposes a policy solution derived from their own lived experience.