Chapter 17

• Jurisdiction: United States

Chapter 17 Mass Incarceration

Multi-Pronged Approach

Every player in the criminal justice system, save defense counsel, has contributed to mass incarceration in one way or another—the community, lawbreakers, lawmakers, police, prosecutors, and judges. No one player alone can eradicate it; each player must contribute if it is to be eliminated. It will take a multi-pronged approach. This is a true challenge because that reduction in jail and prison populations must be brought about without sacrificing public safety.

Let's examine what courses reformers of the criminal justice system have taken or could take in the future to end mass incarceration. First, lawmakers at the federal, state, and local level can repeal or revise laws that require a sentencing judge to impose disproportionate and disparate sentences. Model sentencing laws are in place in Washington for both juveniles under Washington's Juvenile Justice Act and for adults under the Washington Sentencing Reform Act. Under both statutes, race, gender, and sexuality are to play no part in the determination of punishment. These laws have served as blueprints for sentencing reform in other jurisdictions; for instance, the Sentencing Reform Act served as a model for federal sentencing guidelines.

Unjust sentencing laws should be amended or repealed. For example, the recent amendment of Washington's persistent offender law to remove robbery in the second degree as a "most serious offense" should be amended to be retroactive. This would reduce the prison population and treat offenders equally.

Also, sentencing laws should be reviewed, and where they are found to be too severe, they should be revised or repealed. As described in the preceding chapter, the war on drugs was a main contributor to mass incarceration—particularly of Blacks and other minorities—and federal and state sentencing laws for drug offenses should be at the top of the list for scrutiny. A three-strikes persistent offender receives a sentence of life without parole, which is the equivalent of a death sentence. Under Washington's sentencing guidelines, even a defendant who has been convicted of murder in the first degree receives a presumptive, determinate sentence, rather than life without parole.

Second, what can law enforcement do to reduce the prison population and prevent the disproportionate incarceration of minorities? Police departments' training, policies, and practices should be aimed at ensuring that minority communities are no...