What Is Criminal Justice Reform?

The 14th Amendment to the U.S. Constitution ensures that no state shall deprive any person of life, liberty, or property without due process. The system does not always work equally for everyone. Unequal treatment can depend on where you live, the color of your skin, and how much money you have.

Criminal justice reform is a broad term for efforts to improve the justice system in the U.S. Criminal justice reform is an ongoing process. Most criminal law changes take place at the state level. For answers to your questions about criminal justice reforms in your state and what they may mean for you, talk to a local criminal defense lawyer.

The American Criminal Justice System

The United States has the largest number of people in prison compared to other peer countries. The U.S. has less than 5% of the world’s population but accounts for more than 25% of the world’s incarceration rate. The prison population has increased by 500% over the past 50 years.

Criminal justice in America involves law enforcement, criminal courts, and correctional facilities. Police officers are responsible for law enforcement, public safety, and crime prevention. Criminal suspects are supposed to get fair treatment under the law and are innocent until proven guilty.

The U.S. prison system is designed to punish people for doing wrong, rehabilitate offenders, and protect the public. After serving time in jail, people should be able to become law-abiding members of society.

However, there are many problems with the criminal justice system in the U.S. Police do not always treat people equally. There are also inequities in the court system with people receiving different sentences for similar offenses. Correctional facilities can also fail to properly care for and rehabilitate inmates. Even after a person serves their criminal sentence, there are many barriers to reentry, increasing the risk of recidivism and returning to prison.

What Criminal Laws Are Changing?

The nonprofit group The Sentencing Project advocates for racial justice and ending mass incarceration. According to the group, one in five black men born in 2001 is likely to experience imprisonment in their lifetime. Drug law and sentencing reform can narrow racial disparities in the prison population.

There have been several criminal legal system reforms over the past few years. This includes police department reform, sentencing reform, and prison reform. For example, New York passed an automatic record-sealing bill that would automatically seal most criminal records from employers and landlords.

In 2022, Washington, D.C., lawmakers changed their criminal code to eliminate most of the mandatory minimum sentences, reduce maximum prison terms, and expand judicial consideration for individuals serving lengthy prison sentences.

Massachusetts and Washington adopted voting rights bills to support ballot access for people in jail.

Death Penalty Injustice

Most first-world countries have put an end to capital punishment. According to the American Civil Liberties Union (ACLU), the criminal justice system disproportionately sends people of color to death row. Critics argue there are economic and racial disparities associated with the death penalty.

More states are abolishing the death penalty or imposing a moratorium on capital punishment. Michigan was the first state in the U.S. to end the death penalty for all crimes but treason in 1846. In 2023, Washington joined the group of states that have abolished the death penalty,

In 1976, 37 states had the death penalty in place. In 2023, 27 states still retain the death penalty, but many of those states rarely impose the penalty. Virginia and Texas have the highest number of executions. However, Virginia abolished the death penalty in 2021.

Changes to Drug Laws

The so-called “war on drugs” took a hard stance on drug crime. However, it did not affect all communities in the same way. The way the drug laws worked allowed for severe mandatory minimum sentences for some people who only had a small amount of certain drugs, such as crack cocaine, which led to huge disparities in sentencing between white offenders and minority offenders.

Many states have implemented drug courts that take a holistic approach to drug offenses, focusing on treatment as well as punishment. According to the U.S. Department of Health and Human Services, drug court is an alternative to incarceration that helps participants recover from use disorder. Drug courts reduce the costs of incarceration for low-level, non-violent offenders.

Under federal law, marijuana is still a Schedule I drug, along with heroin and ecstasy. However, many states have legalized medical marijuana and recreational marijuana. California was the first state to allow medical cannabis in 1996. Colorado and Washington legalized recreational pot in 2012. In 2023, 38 states allow for the medical use of marijuana.

Clearing Your Criminal Record

A criminal record can make it difficult to find a job, get housing, or get government benefits. These are collateral consequences of a criminal conviction. Former convicts can face prejudice decades after serving their sentence because of a permanent mark on their record. Many states are changing their laws to help people with a criminal past return to the law-abiding community.

Criminal justice reforms include laws that prohibit employers from asking about prior convictions. Other states have made it easier for individuals to seal and expunge their criminal records.

Alternatives to Jail

Jail is one of the most common penalties in the criminal justice system. However, mass incarceration is not always the most effective penalty. There are alternatives to jail time that are better able to help people with mental health and substance use issues. Alternatives to jail can include:

• Probation
• Drug court
• Substance abuse treatment and counseling
• Community service
• House arrest
• Anger management

Alternatives to jail are more common for first-time offenders and non-violent crimes. If you want to know about alternatives to jail, contact a criminal defense attorney. A criminal defense attorney can also negotiate with the prosecutor to reduce your penalties and help you avoid a criminal record. For more about your legal options, talk to a local criminal law defense lawyer.