In the span of four days–between October 30 and November 2–federal prisons around the country released 6,000 nonviolent prisoners. This marked the largest single prisoner release in the history of the United States. The decision was the result of the government’s growing desire to address the overcrowding within the prison system. An additional 40,000 convicts could also be released in the coming months as new, more lenient sentencing rules can be retroactively applied to them as well. Read on to see what led to the recent release and how it compares to similar releases in the past. Now that the government is starting to deal with an issue that has been building for decades, what will a continued response look like and how will the prison system change in the future?

Releasing Prisoners

In the Past

While the recent release of so many prisoners all at once has drawn a variety of reactions, including warnings of increased crime, this is not the first time that a large number of prisoners has been released. In 2011, the Supreme Court ordered the state of California to release 30,000 inmates due to overcrowding in the state’s prison system.

On top of this are the prisoners that are also released over the course of a year as well–the federal government releases up to 55,000 prisoners each year. However, this is only a small portion of the inmates set free, as many as 10,000 are set free each week.

This Release

The recent release was a long time in the making. The final decision came about following the advice of the U.S. Sentencing Commission. The commission lowered maximum sentences for people convicted of drug-related offenses. The change could then be applied retroactively, meaning if a prisoner was already convicted and serving a sentence they could apply for early release. Ultimately, the decision was up to federal judges who reviewed eligible cases and determined whether the person in question would be a threat if released back into society.

Like the process, the release itself was not as straightforward as it may seem either. Of the 6,000 inmates, approximately a third were undocumented immigrants. This group will not be released into the public, but will instead be detained by Immigration and Customs Enforcement, which will begin deportation proceedings. Additionally, many of those who were released were already on parole or in half-way houses. On average, those being released already served nine years of their sentences and were only being released around 18 months earlier than expected. The video below details the recent release:

Current Issues

Overcrowding

One of the major reasons for releasing these prisoners is that the prison population is simply too big for the system to manage effectively. There are 698 prisoners for every 100,000 people in the United States, the second highest rate in the world. A 2014 estimate from the Prison Policy Initiative suggests that there are as many as 2.4 million people in U.S. prisons on any given day, including 1.36 million in state prisons. Perhaps most troubling are the findings of a Department of Justice report, which shows that there are nearly 71,000 children in residential placement facilities in February 2010.

In order to properly put this in perspective, it is necessary to look at the U.S. prison population in an international context. As the NAACP points out, the United States has about 5 percent of the world’s population, but it has 25 percent of the world’s prison population. Not only is the United States’ prison population disproportionately large, its racial makeup is also heavily imbalanced. Although Hispanics and African Americans make up approximately 25 percent of the total population, they make up close to 60 percent of all American prisoners.

While simply having a massive number of prisoners does not necessarily mean that the existing prisons are overcrowded, when you look at the concentration of these prisoners it becomes clear that overcrowding is clearly an issue for many states. In fact, California’s mass prison release in 2011 was due specifically to over-crowding.  There were so many prisoners that inmates were being packed into gymnasiums. The situation became so bad that the Supreme Court forced the prisoner release because it was literally a health crisis. California is not an isolated case. While it may be the most extreme example, as of 2014, 17 states had prison populations far above the capacity of their facilities. While overcrowding recently caused states to reconsider their justice systems, it also led to the rise of controversial for-profit private prisons.

Sentencing

Overcrowding is largely a product of the United States’ historically severe sentencing rules. The idea of being “tough on crime” swept the nation in the 1980s. Tough on crime policies continued through the 1990s and early 2000s and only now is the trend starting to reverse itself. The severity of these laws varied from state to state. California had some of the toughest policies, enacting a three strikes law in 1994 that created mandatory punishments for repeat offenders. In 2012, California voters passed Proposition 36, which amended the state’s constitution to limit the use of its three-strikes law.

These sentences are known as mandatory minimums. As the name suggests, these policies lead to mandatory sentences of a minimum length for particular crimes, removing much of the discretion that judges have in the sentencing process. According to Families Against Mandatory Minimums (FAMM), “Most mandatory minimum sentences apply to drug offenses, but Congress has enacted them for other crimes, including certain gun, pornography, and economic offenses.” A U.S. Sentencing Commission report found that 14.5 percent of all offenders in 2010 were subject to mandatory minimum penalties–a total of 10,605 prisoners.

What’s Next?

While there are some who fear that releasing so many prisoners, especially at the same time, will lead to a surge in crime, the numbers suggest otherwise. In the California mass release, only auto thefts increased after 30,000 of the state’s inmates were released. Furthermore, a Stanford University study, which involved 1,600 prisoners released when California changed its three strikes law, found a remarkably low recidivism rate. Prisoners released after the three-strikes law changed had a recidivism rate of just 1.3 percent compared to 30 percent for regularly released inmates.

Not all laws are created equally–perhaps the most infamous is the differing penalties for crack cocaine offenses compared to the one for cocaine in its powder form. Originally, the sentencing ratio was 100:1–with those sentenced for crack-related offenses facing much longer prison sentences. While that was reduced to 18:1 with the Fair Sentencing Act in 2010, a disparity remains. The troubling part of this issue is that most people arrested for crack-related offenses were black while most of those who were arrested for cocaine possession were white–reinforcing the racial imbalance in American prisons.

Post-Release Questions 

Another major issue is the question of what former prisoners will do once they get out. A notable concern is recidivism–when a prisoner returns to prison for another crime after his or her initial release. This worry seems warranted in light of a 2005 study by conducted by the Bureau of Justice Statistics (BJS)–57 percent were re-imprisoned after one year, 68 percent by year three, and 77 percent by year five.

It should be noted that the way the Bureau of Justice Statistics records its numbers may not be the best way to understand recidivism. In a recent study, researchers found that recidivism is actually much lower than what is reported. Rates found in the BJS studies likely overrepresent people who are re-arrested after being released from prison.  However, even if these new findings are taken into account, which emphasize that certain offenders have a higher risk of recidivism, the issue remains a notable problem for American prisons.

Moreover, for those who do avoid re-offending, life can be difficult once they leave prison. While there are certainly a number of programs and organizations in place, it is still hard for someone with a criminal record to find a job. In a 2008 study from the Urban Institute, only 45 percent of ex-cons had jobs eight months after leaving prison. The following video discusses what happens to prisoners if and when they can make it out of prison:

Conclusion

The recent release of so many prisoners has reignited old fears that the reintroduction of prisoners into society will lead to a wave of crime. However, the evidence from past releases calls this line of thinking into question. Too many people, especially those of color, face long prison sentences, putting significant strain on American prisons. The current system is also costing the United States an estimated $39 billion each year.

To effectively reduce the size of the American prison population, changes beyond releasing prisoners need to be made. While recent sentencing reform, which led to this prisoner release, is an important step toward reducing the American prison population, it will not solve the issue. In addition to reducing the number of prisoners, policymakers will also have to deal with helping inmates readjust to society when they are released.

Resources

Vox: The biggest prisoner release in U.S. History, explained

Time: What happened when California released 30,000 inmates?

NPR: What You Should Know About the Federal Inmate Release

Newsweek: The Unconstitutional Horrors of Prison Overcrowding

FAMM: What are Mandatory Minimums?

The Economist: America’s Prison Population

CNN: Roughly 6000 Federal Inmates to be released

ACLU: Fair Sentencing Act

National Institute of Justice: Recidivism

Business Insider: Getting a Job after prison

NAACP: Criminal Justice Fact Sheet

Washington Post: Prisons in These 17 States are Over Capacity

Huffington Post: For-Profit Prisons are Big Winners of California’s Overcrowding Crisis

Slate: Why do so Many Prisoners End up Back in Prison? A New Study Says Maybe They Don’t

Michael Sliwinski

Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

The post What A Massive Prisoner Release Means for the Criminal Justice System appeared first on Law Street.

In today’s toxic political environment, it often truly seems like there are no issues that can spark action on both sides of the aisle. However, both Republicans and Democrats proved that wrong this week, as an effort for comprehensive prison reform moved forward and was introduced in the Senate.

The bipartisan bill is called the Sentencing Reform and Corrections Act and will roll back many of the policies established in the tough-on-crime legislation of the late 20th century. While those measures were put in place in an attempt to combat rising crime rates, the policies have led to inconsistent and inappropriate punishments in many cases. These policies have also led to problems such as prison overcrowding.

The bill will end solitary confinement for juveniles, a problem that has gotten particularly focused attention in recent years. If it passes, the bill will also lessen mandatory minimum sentences. Under current federal law, the “three-strikes-and-you’re-out” law lands many who have been convicted of drug offenses to life in prison without parole. This reform would reduce that mandatory sentencing to 25 years.

Overall, the reform will also make other policies more flexible, including the ability of judges to forgo mandatory minimum requirements in some cases, and exceptions for first-time offenders without serious criminal histories. Overall, the bill encompasses a number of changes to policies that are seen as too rigid and punitive.

What’s perhaps most impressive about the bill, however, is its bipartisan nature in a time when bipartisan efforts have become increasingly rare. The Sentencing Reform and Corrections Act includes heavyweight senators on both sides of the aisle, most notably Senator Dick Durbin (D-Illinois) and Senator Chuck Grassley (R-Iowa). Senator Cory Booker (D-New Jersey), said by some to be a rising Democratic star also was heavily involved, as well as Senator Mike Lee (R-Utah). Other senators involved in the legislation are Jon Cornyn (R-Texas), Sheldon Whitehouse (D-Rhode Island) Chuck Schumer (D-New York), Lindsey Graham (R-South Carolina) and Pat Leahy (D-Vermont). The bill also has some powerful organizations on both sides of the aisle supporting it as well, including the American Civil Liberties Union (ACLU) and the Koch brothers. As the political field gets increasingly divisive in the run up to the 2016 election, this is an impressive show of collaboration.

The new legislation is far from perfect, of course, as it will only apply to federal prisons, and doesn’t eliminate many problematic aspects of our justice system. But it’s certainly a step in the right direction–now we’ll have to see whether or not it continues to progress in the Senate.

Anneliese Mahoney

Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Praised as a “tremendous step forward” toward meaningful penal reform, the Mandela Rules provide a framework for what is and is not permissible in terms of detention conditions in prisons across the globe. With 10 million people in prisons worldwide, it’s easy to assume that there is a high demand for the humane treatment of prisoners. However, while the Mandela Rules have been commended for their progressive revisions of the United Nations Standard Minimum Rules for the Treatment of Prisoners (SMRs) that have been in place since 1955, there is still no guarantee that prisons, domestically or internationally, will improve.

For a document that is supposed to provide governments the guidelines necessary to ensure that basic rights are afforded to prisoners, the Mandela Rules fail to provide incentives to abide by them or a method of accountability for prisons that break them. Furthermore, the lack of widespread discussion on the new rules is shocking, and perhaps telling of the low level of importance that both the public and politicians place on reforming the criminal justice system. Just like under the previous SMRs that the Mandela Rules revised, prisons will continue to cut corners, mistreat prisoners, and break this agreement unless there is more legal pressure and incentives to treat inmates with dignity.

The SMRs have since 1955 acted as the universally acknowledged minimum standards for the detention of prisoners and for the development of correctional laws, policies, and practices. On May 22^nd of this year, however, the United Nations Commission on Crime Prevention and Criminal Justice (the Crime Commission) passed a resolution approving the revised standards, named the Mandela Rules after the late South African President Nelson Mandela who was imprisoned for 27 years. These changes were prompted after a review of the SMRs in place concluded that advancements in human rights discourse since 1955 left the SMRs out of date. The Crime Commission identified nine areas for revision, agreeing that the new standards should reflect advances in technology and society.

Rules on health care, LGBT rights, and solitary confinement are the key modifications in the Mandela Rules, but a prison that does not want to be held accountable for treating inmates with dignity can easily dismantle almost all of the updates. One of the most acclaimed aspects of the new rules is that indefinite or prolonged solitary confinement is prohibited. Solitary is defined as confinement of a prisoner for 22 hours or more a day, and prolonged solitary is defined as confinement for fifteen consecutive days. So solitary confinement for fifteen consecutive days is not allowed, but what about fifteen days in confinement, one day out of confinement, and fifteen more days within? The new Rules have so many loopholes and almost no accountability for the “advances” they claim to make in the treatment of prisoners.

The Rules emphasize that prisoners should be protected from torture and inhumane or degrading treatment and punishment. The United Nations will adopt these Rules later this year, though nothing but the potential for an internationally-backed slap on the wrist will prevent prisons from operating under standard minimums. If anything, the Mandela Rules simply say, “Look, we know prisons are bad, and prisoners are being tortured around the world. There’s not much we care to do about that, but here’s some advice that you should follow if you want.”

Yes, state and federal prisons do have their own separate laws in place regarding the treatment of prisoners, but are those laws abided by? The answer, especially in the United States, is a resounding “No.” Even though prison guards are expected to keep inmates safe, there were more than 5.8 million violent crimes self-reported by inmates in 2012. Four percent of the prison population reports being sexually victimized while in prison in the past year, and over half of the incidents involved a prison guard or other staff member. Even though health care is supposed to be afforded to prisoners, 1,300 lawsuits have been filed in the past ten years in Illinois alone against the state because health care in Illinois prisons is so poor that it constitutes cruel and unusual punishment. These are only a few examples of failures of concrete laws that have been breeched, and continue to be broken, in prisons across the country. If the initial SMRs were never fully realized in prisons across the world, what hope do we have that the Mandela Rules, which raise the standards that were never even abided by in the first place, will actually be implemented?

Several sponsors of the new SMRs note the importance of civil society in the success of the Mandela Rules. The American Civil Liberties Union’s David Fathi said, “The Rules are only as good as their implementation.” Fathi expressed that both the public and decision makers must be aware of the rules and see them as a national priority in order for the Mandela Rules to be effective. But what if we live in a society in which the public does not see the humane treatment of prisoners as a national priority? And what if we live in a society in which private groups are swaying lawmakers to extend prison sentences and to create harsher punishments? While the Mandela Rules do offer a sort of cheat sheet for evaluating a state’s prison performance, they do not do anything about the public apathy towards the inhumane treatment of prisoners and they do not erase the negative stigmas that pro-prison lobby groups and lawmakers have instilled in the minds of millions. None of the 2016 U.S. presidential candidates have mentioned the Mandela Rules in their campaigns or expressed a plan to ensure that they are implemented in our prisons. If civil society has a critical role to play in the humane treatment of prisoners, and the current campaign rhetoric by governmental leaders is any indication of what civil society cares about, the outlook for prison progress looks bleak.

How do we ensure that these minimum rules will be followed? While the Mandela Rules do call for a more humane treatment of prisoners, and require a more accepting environment and safer prison standards, which is certainly wonderful, they should not be praised as a revolutionary feat. What would be revolutionary is if the United States and other countries would actually adopt these rules in practice rather than merely going through the motions.

Emily Dalgo

Emily Dalgo is a member of the American University Class of 2017 and a Law Street Media Fellow during the Summer of 2015. Contact Emily at staff@LawStreetMedia.com.

The post Prisons Won’t Get Better Just Because We’ve Signed Another Document appeared first on Law Street.

How do Millennials help America build a better future? With over 1,200 business-casual-clad young activists and leaders packed into a chilly ballroom washed with blue stage lights, Generation Progress rallied Millennials in Washington, D.C. at its national summit on Thursday in an attempt to find out.

Now in its tenth year, Generation Progress’s “Make Progress” National Summit offers young people a day packed with well known speakers, inspiring dialogues, and stimulating buzzwords. With keynote speakers on the main stage and breakout sessions on topics ranging from diversity in public office to sexual assault prevention and student debt, attendees throughout the day were empowered through education on critical issues. Through communal support and prodigious encouragement from American leaders, the mood was alive with the goal of the day: creating progress.

Massachusetts Senator Elizabeth Warren opened up the summit with an invigorating speech that earned dozens of standing ovations. Reverberating energy, Senator Warren spoke about college affordability, diversity, and social change inspired by activism. During one pause, an audience member yelled out “Run for president!” to which the Senator responded with a big grin and a chuckle, while everyone else jumped to their feet and erupted in approving cheers and applause. Her most applauded statement was that the progressive Supreme Court decisions over the past weeks were the direct result of young activists who dedicate their lives to fighting for social justice, stating, “We get what we fight for. Are you ready to get out there and fight?”

This morning I told young people at #MakeProgress: You get what you fight for. pic.twitter.com/JhwTtTzGBa

— Elizabeth Warren (@SenWarren) July 16, 2015

Michele Jawando, Vice President for Legal Progress at the Center for American Progress, later took the stage for a sobering panel on reforming the criminal justice system. She expressed her belief that young people putting pressure on their elected officials and demanding change is critical, and commended the Millennial generation for its high level of engagement with issues of importance, simultaneously striking down the notion that our generation is unengaged or uninformed.

After asking the audience to “stand up if you have participated in a march, a protest, or an online day of action in the past six months,” more than half of the room was standing. Jawando stated, “the only time Congress pays attention is when there is enough action that forces them to pay attention.” She praised those who partake in activist movements, particularly the sit-ins that forced members of Congress to face the consequences of adverse decisions, and encouraged all to become involved. The discussion then led to a breakdown of the 1994 crime bill that increased mandatory minimums for those sentenced to prison, created the “tough on crime” rhetoric that is only recently beginning to be critically questioned, and created a definition of criminals as young people of color. Jawando said that many current members of Congress were members in 1994 when this draconian bill was passed and that “some of those members don’t really want to concede, they don’t want to admit they were wrong.” She then expressed that while discussing reform is important, action needs to be immediate. “Yeah we are tweeting about it, we’re writing about it, we’re marching in the streets…But we still have to pass a bill y’all.”

Jawando made a few key remarks that resonated deeply with the young, social justice-minded audience; first, that there is a strong connection between the people who are elected and the changes we see in society. Second, that humanizing issues and telling personal stories of injustice is the most powerful way to inspire change. And third, that there is a dangerous misconception that people who are in prison always deserve to be there; Jawando stated that this mindset of “otherization,” or the “us versus them” mentality, will continue to act as a barrier to change until these divisions are broken.

.@MicheleJawando shares her personal experience on discrimination & the criminal justice system #MakeProgress pic.twitter.com/43TsktDXrl

— LCLAA (@LCLAA) July 16, 2015

My favorite breakout panel occurred in the afternoon: “It’s On US: Advocates Creating Cultural Change” featuring keynote speaker Tina Tchen. Tchen, Assistant to President Obama, Chief of Staff to Michelle Obama, and Executive Director of the White House Council on Women and Girls, gave an inspiring and informative speech on Generation Progress’s national campaign to prevent sexual assault. One in five women on college campuses will be sexually assaulted or experience some form of sexual violence by the time they graduate college. “We know, and you know, that this is a crisis on campuses,” Tchen said. The It’s On US movement on college campuses aims to fundamentally change the environment of rape culture and shift the conversation to be empowering for survivors and encouraging for those who have the ability to intervene in situations that could end in assault. “We are fundamentally on our way to a society that recognizes and supports survivors,” Tchen said over snaps and applause. Panelists encouraged students to join or start It’s On US on their respective college campuses, and to take the pledge to end sexual assault.

"It's not just about stopping sexual assault on campus. That is just the start."-Tina Tchen at #MakeProgress @ItsOnUs pic.twitter.com/apyLvEcAlR

— Chante Harris (@chante__harris) July 16, 2015

The final speaker of the day, and the most anticipated, was Vice President Joe Biden. All smartphones were whipped out to welcome the Vice President and most summit-goers found themselves on tiptoe in their chairs to catch a better glimpse of the esteemed guest. Mr. Biden gave a powerful, insightful, but occasionally lighthearted speech, that felt much more like sitting down for an after-dinner conversation with an affectionate grandfather than an address by the Vice President. The VP touched on a range of topics, from the need to create affordable education, to climate change, to closing the expanding wage gap in the country. He even called on politicians to resist donations from millionaires and billionaires to fund their primary election campaigns, potentially an allusion to Senator Bernie Sanders who also cares deeply and advocates against the privatization of political donations.

"If you could do only 1 thing to increase equality what would it be?" @VP asks the #MakeProgress crowd. "Get private money out of politics"

— Generation Progress (@genprogress) July 16, 2015

The Vice President expressed his sincere appreciation and confidence in the Millennial generation, stating “There’s more reason today than ever before to be idealistic, optimistic, tenacious, passionate, and principled.” The most prominent message Mr. Biden delivered during his time on stage was that passion, just like the passion in the room before him, is what generates social change and makes progress.

"I applaud your passion. Never apologize for it. Never explain it away." @JoeBiden at @genprogress #MakeProgress pic.twitter.com/T5cowdiCLT

— Emily Dalgo (@DalgoEmily) July 16, 2015

Generation Progress’s Make Progress National Summit concluded with a slew of selfies with Joe Biden and a ballroom full of young activists stepping back into the D.C. sun with newfound inspiration and admiration for the causes they believe in. The summit, though only one day long, has the power and the potential to ignite young minds for years to come. Make Progress is proof that Millennials do care about the issues. They are engaged, they’re active, and they’re ready to fight. Outside, the only audible sound was of heels clicking and dress shoes clacking on the sidewalks as the attendees trickled out of the summit. But one sound still echoed in everyone minds: applause and cheers for change, for action, and for progress.

Emily Dalgo

Emily Dalgo is a member of the American University Class of 2017 and a Law Street Media Fellow during the Summer of 2015. Contact Emily at staff@LawStreetMedia.com.

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President Obama granted clemency to 46 federal prisoners convicted of nonviolent drug offenses on Monday, 14 of whom faced life sentences. This move comes amid a broader push for prison reform, in an attempt to fix issues like overcrowding and disparate minority prison populations–especially for nonviolent drug offenses. In a political atmosphere that is too often hyper-ideological and unproductive, criminal justice reform appears to be one arena where real change is happening.

President Obama has granted clemency to prisoners in the past, especially for drug-related offenses, and has made prison reform a sticking point of his presidency. Last year, the Department of Justice announced a new initiative that allows drug offenders to petition for a sentence reduction or clemency–an attempt to reflect modern sentencing practices. With the latest 46, Obama raises the total number of commutations during his presidency to 89. While some criticize Obama for not acting strongly enough on this issue, he has now granted the most commutations in the modern era. The inmates, who will be released by mid-November, are among more than 30,000 who have applied for clemency since the new initiative. Although very few of these cases will reach the President’s desk, the recent commutations mark an important step symbolically. As he approaches the last year of his presidency, President Obama’s executive actions have the power to shape the future of these issues.

There are a number of problems with the justice system that activists and politicians are currently working to address. The United States has an incarceration rate of  700 per 100,000 citizens, the highest of any nation including authoritarian countries like Russia and Cuba. Among the federal prison population, over half are serving for drug-related offenses and nearly three-fourths are nonviolent offenders with no history of violence. There is also a large racial disparity, with Blacks and Hispanics disproportionately represented in American prisons. A 2005 study by the Bureau of Justice Statistics found some troubling trends in recidivism. About two-thirds of released prisoners were arrested again within three years and three-quarters were arrested within five years.

President Obama is not the only one addressing criminal justice reform, as it is an issue that has generated strong bipartisan support. In 2014, the Justice Department reported the first decline in the federal prison population in 34 years. Former Attorney General Eric Holder attributed this change to new initiatives intended to improve sentencing fairness. Last year, the U.S. Sentencing Commission voted to reduce the penalties for most drug crimes and later made that change apply retroactively. High profile cases also highlight the need for reform, including that of Kalief Browder, a man who committed suicide after being wrongfully imprisoned for six years at Riker’s Island. As this issue rises into the public light, more and more people are calling for substantive reform.

In a political climate that is increasingly partisan, it often feels like there is no common ground that would allow for significant change. Prison reform is one issue with which Republicans and Democrats can cooperate and help people get their lives back, help prevent people from throwing their lives away, and save money that shouldn’t be spent on nonviolent criminals in the first place. In granting these prisoners clemency, President Obama sends a powerful message about his willingness to lead on this issue.

Maurin Mwombela

Maurin Mwombela is a member of the University of Pennsylvania class of 2017 and was a Law Street Media Fellow for the Summer 2015. He now blogs for Law Street, focusing on politics. Contact Maurin at staff@LawStreetMedia.com.

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