The Oklahoman

Recipe for shrinking U.S. prison population

- BY RONALD FRASER Fraser writes on public policy issues for the DKT Liberty Project, a Washington, D.C.based civil liberties organizati­on. Write him at: fraserr@erols.com.

For the first time since 1972, the number of people behind bars in American prisons and jails in 2015 declined slightly to 2.2 million, down from 2.4 million in 2010. That’s the good news.

Fordham Law School professor John F. Pfaff, however, warns in his new book, “Locked In: The True Causes of Mass Incarcerat­ion and How to Achieve Real Reform,” that continued decline in prison population­s will not come easily.

While decreasing drugrelate­d sentencing accounts for the recent decline, Pfaaf stresses that “focusing on drugs will only work in the short run.”

The drug war, Pfaaf contends, contrary to popular belief, isn’t the primary cause of prison growth: “About 200,000 people in state prisons and another 100,000 in federal institutio­ns are serving time for drug crimes … [and] … Freeing every single person who is in a state prison on a drug charge would only cut state prison population­s back to where they were in 1996-1997, well into the ‘mass incarcerat­ion’ period.”

Pfaaf’s recipe for a shrinking prison population goes like this.

• The real culprit behind our outof-control prison population­s is the 2,000-plus out-of-control state and local prosecutor­s who are able to coerce plea bargains and avoid trials in more than 95 percent of all cases they decide to prosecute.

“Prosecutor­s,” Pfaff tells us, “have been and remain the engines driving mass incarcerat­ion. Acting with wide discretion and little oversight, they are largely responsibl­e for the staggering rise in admissions since the early 1990s … [and] … no major piece of state-level reform legislatio­n has directly challenged prosecutor­ial power.”

• Providing qualified public defenders and other counsel for indigent defendants will level the legal playing field

Graduated-release programs and early release for inmates older than 40 or who have served more than 15 years of a sentence are ways to reduce prison population­s.

and limit the wide discretion prosecutor­s now enjoy.

• Voters can’t cast informed ballots to elect local prosecutor­s in the absence of readily available informatio­n concerning the performanc­e of incumbent prosecutor­s running for reelection. Appointing prosecutor­s would add profession­al accountabi­lity and lessen tough-on-crime pressures from suburban voters calling for aggressive prosecutio­n of inner-city crimes.

• Incarcerat­ion reforms are a state and local, not a federal responsibi­lity. Reforms might include guidelines to help prosecutor­s decide when to divert an accused person to probationa­ry treatment, or another option, rather than to press charges that could send the defendant to prison.

Pfaff cites research that suggests as inmates convicted of violent crimes grow older they may no longer be a danger to society, that extended prison sentences serve no useful purposes.

Graduated-release programs and early release for inmates older than 40 or who have served more than 15 years of a sentence are ways to reduce prison population­s.

The author ends on this hopeful note: “The movement against mass incarcerat­ion had no option but to start where it did, focusing on drugs and other nonviolent crimes.” But, he maintains, it is time to move on to the harder cases, and the time to start making that move is now.

 ??  ?? Ronald Fraser
Ronald Fraser

Newspapers in English

Newspapers from United States