Back president on reform
Wednesday’s announcement that President Donald Trump would back a remarkably broad bipartisan coalition in support of federal sentencing and prison reform— joining Charles and David Koch on the right, the American Civil Liberties Union on the left and even some law enforcement groups like the Fraternal Order of Police—could be a landmark moment in American criminal justice.
Or, if Senate Majority Leader Mitch McConnell’s reported reluctance to bring a bill to a vote continues in 2019, it could be a blip. That would be a shame.
The measure, called the First Step Act, is more comprehensive than a similar bill that already passed the House. What are this version’s chances? Some Senate conservatives oppose the version, and its odds may dip in January when Democrats, who want greater changes, take over the House. But the backing of a Republican president is crucial in that it undercuts criticism that Democratic supporters are soft on crime. That dated political mindset is a prime reason why some laws in the federal criminal code don’t change even after it becomes obvious that they destroy redeemable lives and lock up tens of thousands of aging prisoners for whom recidivism is statistically highly unlikely. These laws are also extremely costly—yet don’t stop the U.S. from having a significantly higher crime rate than most other developed nations. It’s time for greater flexibility.
Trump’s approach would give federal judges such flexibility in sentencing nonviolent drug offenders; would weaken the “three strikes” law and the mandatory sentence rules for some drug crimes; and would limit the use of “stacking,” which add years more in prison time for those convicted of using a firearm while committing a crime.
These reforms would be paired with incentives and new programs such as job training to help inmates get new skills for life after prison.
Some will say these reforms go too far or don’t go far enough to help 183,000 federal prisoners in the U.S. Even if they are adopted, federal prison sentences will still be much longer than sentences common in other affluent nations. But the measure is called the First Step Act, and reformers rightly see this as a modest start toward larger reforms.
The cause of criminal justice reform is too crucial. That means reformers need to sweat the details to maximize the public support they’ll need. Any McConnell delay gives congressional leaders an opportunity to win more support. They need to seize it as soon as possible.