Overcriminalization — State and Local Issues — Galsworthy Criminal Justice Reform Program

1A Across America: Mass Incarceration in the Deep South

“Alabama's prison system is the deadliest in the nation. Fifteen inmates died by suicide there in 15 months — from December 2017 to this March. The homicide rate inside that system is six times the national average. The Justice Department has condemned these conditions. This April, the DOJ released a report on the men's section of the prisons that detailed widespread violence, sexual assault, overcrowding and understaffing. How did things get so bad? And what can be done about it?“

NPR

November 14, 2019

Overcriminalization, Mass IncarcerationPhillip ReevesNovember 14, 2019NPR, Alabama, 1AComment

Since you asked: Is it me, or is the government releasing less data about the criminal justice system?

“We’ve heard this question from a few advocates and journalists who, like us, depend on the Bureau of Justice Statistics (BJS) and other government data sources for timely information about the justice system. And while monitoring changes in federal data collections isn’t a core part of our work, we have observed a troubling trend: Since 2017, data releases are slowing down.“

Prison Policy Initiative

November 14, 2019

She slammed a courtroom door on her way out. A Virginia Beach judge sentenced her to 10 days in jail.

“Gaston slammed one of the double wooden doors on her way out. Once she and the other witness were in the hallway, someone yelled. Around the same time, a shout could be heard from the lockup area next to the courtroom where McEachern had been taken. The judge asked a court employee to chase after the two witnesses, but the employee failed to catch up to them. Then, a short time later, Gaston returned to the courtroom to pick up a binder that had been left behind. That’s when Mahan called her to the defense table to explain her behavior.“

The Virginian-Pilot

November 7, 2019

OvercriminalizationPhillip ReevesNovember 7, 2019The Virginian Pilot, VirginiaComment

How overcriminalization is turning everyday Americans into lawbreakers

“Perhaps nowhere is the absurdity of current law on better display than at the federal level. Educated guesses place the number of laws and regulations with criminal penalties at over 300,000, but no one can say with certainty how many there actually are. If the federal government with its trillions of dollars and millions of employees cannot keep track of all of these criminal penalties, what chance do ordinary people have?“

Washington Examiner

October 21, 2019

OvercriminalizationPhillip ReevesOctober 21, 2019Washington ExaminerComment

New NC law aims to get rid of unusual, outdated laws

“There are dozens of unusual laws like that across North Carolina. Recently, Governor Roy Cooper signed Senate Bill 584 into law. It forces local governments to identify certain laws that aren't current or realistic.“

WSOC North Carolina

September 2, 2019

OvercriminalizationPhillip ReevesSeptember 2, 2019WSOC North Carolina, North CarolinaComment

Arrest, Release, Repeat: How police and jails are misused to respond to social problems

“In this report, we fill this troubling data gap with a new analysis of a federal survey, finding that at least 4.9 million people are arrested and jailed each year, and at least one in 4 of those individuals are booked into jail more than once during the same year. Our analysis shows that repeated arrests are related to race and poverty, as well as high rates of mental illness and substance use disorders. Ultimately, we find that people who are jailed have much higher rates of social, economic, and health problems that cannot and should not be addressed through incarceration.“

Prison Policy Initiative

August 30, 2019

OvercriminalizationPhillip ReevesAugust 30, 2019Prison Policy InitiativeComment

Root causes of prison overcrowding need to be addressed

“With our prisons bulging, Gov. Laura Kelly may be forced to send some Kansas inmates to a CoreCivic prison in Arizona to relieve overcrowding. That announcement was troubling, but there is a bigger problem at hand: Kansas’ refusal to enact criminal justice reform. Our state needs to immediately enact preventative, evidence-based solutions to ensure that fewer Kansans enter our overburdened system in the first place.“

The Wichita Eagle

July 14, 2019

Overcriminalization, State ReformsPhillip ReevesJuly 14, 2019Kansas, Wichita EagleComment

Left and Right Agree on Criminal Justice: They Were Both Wrong Before

“Mr. Levin highlighted measures passed recently in both red and blue states — important developments given that the vast majority of inmates are in state prisons, not federal ones. Oklahoma voters approved a ballot measure downgrading some drug-related felonies to misdemeanors. New Jersey and New Mexico revised their bail systems. Gov. Bill Lee of Tennessee, a Republican, has proposed several changes. “

New York Times

May 16, 2019

Mass Incarceration, OvercriminalizationPhillip ReevesMay 16, 2019New York TimesComment

How to Fix the Criminal Justice System: Opinion

“What’s the best way to tackle America’s crisis of mass incarceration? This week on “The Argument,” Michelle Goldberg interviews Emily Bazelon, a staff writer at The Times Magazine, about her latest book, “Charged: The New Movement to Transform American Prosecution and End Mass Incarceration.” The book explores how prosecutors around the country are using their power to promote reform. Michelle and Emily talk about Brooklyn’s mandatory minimum sentencing laws for gun possession, Republicans on criminal justice reform and whether Kamala Harris really was a “progressive prosecutor.”“

New York Times

May 2, 2019

Mass Incarceration, OvercriminalizationPhillip ReevesMay 2, 2019New York Times, Emily Bazelon, The ArgumentComment

They’re Haunted by ‘Ghost Warrants’ Years After Their Arrests

“Erroneous or outdated criminal charges that linger on a person’s record for years—also known as “sticky warrants”—can result either from prosecutors and probation departments refusing to drop minor cases from the distant past, or from outright clerical errors.“

The Marshall Project

April 29, 2019

OvercriminalizationPhillip ReevesApril 29, 2019The Marshall ProjectComment

Opinion: Why We Need to Rethink Misdemeanor Justice

“In sum, New York City offers the outlines of a model that takes seriously the kinds of misbehavior that undermines community quality of life, shrinks the footprint of the justice system and judiciously uses the power of the state to help people improve their lives. Police should be encouraged to use their discretion to issue warnings and not routinely make arrests when they encounter people engaged in minor rule-breaking.“

Governing Institute

March 12, 2019

OvercriminalizationPhillip ReevesMarch 12, 2019Greg Berman, Governing Institute, MisdemeanorComment

36 Years In An Illinois Prison Without A Conviction Or Sentence

“Allen never faced criminal trial on the sexual assault charges. He was never convicted or sentenced for the alleged crime, but has nonetheless spent almost four decades behind bars. He had agreed to participate in something called a “civil commitment,” which under Illinois law allowed for his indefinite incarceration.“

WBEZ 91.5 Chicago

March 7, 2019

Overcriminalization, PersonalismPhillip ReevesMarch 7, 2019WBEZ 91.5 Chicago, IllinoisComment

Louisiana routinely jails people weeks, months, years after their release dates

“These injustices could be fixed, criminal justice experts said, if only state and local authorities would improve coordination. What officials appear to have done, instead, is blame each other: The sheriff’s office denied responsibility when reached for comment, blaming the Department of Corrections (DOC). DOC declined to comment citing pending litigation, but in court transcripts it has pointed the finger at the sheriff’s office.“

New Orleans Times Picayune

February 21, 2019

OvercriminalizationPhillip ReevesFebruary 21, 2019New Orleans Times Picayune, LouisianaComment

The case for capping all prison sentences at 20 years

“The idea for a cap is straightforward: No one could be sentenced for any number of charges — not attempted robbery, rape, or murder — for more than 20 years. There should be a limited exception, like there is in Norway, that lets courts extend prison sentences indefinitely for an additional five years at a time, but only if there’s proof that a person still poses a public safety threat.“

Vox

February 12, 2019

Mass Incarceration, OvercriminalizationPhillip ReevesFebruary 12, 2019Vox, Marc MauerComment

Sentenced to Life at 16 in Slaying of Man Who She Said Pulled a Gun on Her

“But Benjamin, a Black girl, was a homeless teenage mother, and Orleans Parish prosecutors were immediately skeptical of her story despite the fact that she had no criminal record. They acknowledged that Hecker solicited the teenagers for sex and that a struggle ensued afterward. But they also insisted that Benjamin and Desilva did not act in self-defense; they were instead greedy, evil murderers who sought to rob and kill Hecker.“

The Appeal

February 11, 2019

OvercriminalizationPhillip ReevesFebruary 11, 2019The AppealComment

ACLU report notes new RI laws led to 'unnecessary incarceration'

“The American Civil Liberties Union of Rhode Island said lawmakers got it wrong when it comes to some new prison sentences. More than two dozen laws that go into effect in January either create new crimes or increase prison sentences, according to the organization. The report says lawmakers tend to be overzealous in creating new laws and that the result is contributing to unnecessary incarceration.“

NBC 10 Rhode Island

December 18, 2018

OvercriminalizationPhillip ReevesDecember 18, 2018NBC 10 Rhode Island, Rhode Island, ACLUComment

The Next Congress Should Do Some Spring (Criminal Code) Cleaning

‘That’s right. No one—not even the federal government—is certain of exactly how many federal criminal laws are currently on the books, but some rough estimates have concluded that there are more than 5,000 criminal laws scattered through the U.S. Code. That’s a problem.‘

The Daily Signal

December 14, 2018

OvercriminalizationPhillip ReevesDecember 14, 2018The Daily SignalComment

Dear AG Sessions: The White House and math agree — crime isn’t surging but reform should be

"This proves that if Attorney General Sessions truly desires to reduce crime and make American communities safer, he should abandon arbitrary calls for more stringent penalties and focus instead on the quality rather than the quantity of time served."

The Hill

August 22, 2018

Mass Incarceration, OvercriminalizationAnthony BradleyAugust 24, 2018The Hill, Jeff Sessions

After reconsidering, Travis County decides women’s jail still necessary

"Travis County Sheriff Sally Hernandez has said the facility within the Del Valle jail is needed because the county’s current facilities are in poor physical shape. The setup splits the female population into four facilities, she said, which is inefficient and at times uncomfortable for the women who have to walk through men’s facilities."

Austin American-Statesman

August 11, 2018

Ex-prison chief for Wisconsin eviscerates Scott Walker and Brad Schimel in a new book

"Gov. Scott Walker declined to meet with his corrections secretary as a crisis unfolded at the state’s teen prison and his staff deliberately kept him from visiting the facility, according to a new book by Walker’s former prisons chief."

Milwaukee Journal Sentinel

August 10, 2018

State and Local Issues

Galsworthy CJR Program

Info