Liberty and Justice For All: Reforming the Prison System

Since the last publication of “Liberty and Justice For All,” there have been many questions surrounding the term “racial justice.” As a firm believer in the American Dream and as a first-generation immigrant, I meant to use the term to describe a society in which every American has the same opportunity to succeed, regardless of his or her race. This is in stark contrast to what today’s activists mean by “racial justice,” where every American is guaranteed the same outcome by virtue of being a citizen. One such way to get closer to a state of equal opportunity is by reforming the prison system.

On average, African Americans are likely to get longer sentences than their Caucasian counterparts. According to the United States Sentencing Commission, African American males received sentences 19.1% longer than their white counterparts, for both violent and non-violent crimes. In addition, according to the Sentencing Project, of the 277,000 people imprisoned for a drug offense, over half are African American or Latino. This is not to say that each individual case may have not have been unique. Quite literally, our criminal justice system must work on a case-by-case basis. But when college campuses are rife with recreational drug use and members of fraternal organizations boast about their latest “trip” and “high,” and do not face high sentences, there is something clearly wrong with the criminal justice system.

Now, there are two main options: pursue Caucasian Americans with the full force of the law as intensively as African Americans have been pursued for non-violent crimes, or reform the prison system. As 8.2% of the current prison population is placed in private prisons, and as further prosecution would only increase that population, it makes more sense to reform the prison system.

Sentencing reform is a first step to reducing the glaring disparities within the criminal justice system between minority Americans and Caucasian Americans. Under President Trump’s historic FIRST Step Act of 2018, mandatory minimum sentencing was reduced for nonviolent offenses. As a result of the FIRST Step Act, citizens like Catherine Toney could get the second chance and jobs that help contribute to our society. As Ms. Toney said at a White House event celebrating the First STEP Act, “It’s so many people that we left behind that need the same opportunity that we on this stage have.  And if they had the full funding that this step needed, it would be many of us on this stage.”

Increasing oversight is another critical step in ensuring the successful rehabilitation of our prison population. The American Civil Liberties Union (ACLU) reports that methods such as solitary confinement, which are harmful for individuals, are sometimes used indefinitely in prisons without much oversight. The First STEP Act would establish an Independent Review Committee (IRC) (under the Hudson Institute), which will assess programs designed to reduce recidivism and to assess the risk and needs of individual facilities. Expanding the IRC to include more civic groups and independent researchers can follow the conservative spirit of government oversight and give citizens more outlets to hold their government accountable.

Lastly, the United States needs to reform its laws on non-violent offenses, specifically those pertaining to drug-use. Even though I fully and wholeheartedly disapprove of recreational drug use, I still believe that adult Americans (if they do not create externalities for others) should be allowed to make informed decisions about their health. As Larry Elder, an African American libertarian author and attorney, said, “Once brave politicians and others explain the war on drugs’ true cost, the American people will scream for a cease-fire. Bring the troops home, people will urge. Treat drugs as a health problem, not as a matter for the criminal justice system.” The war on drugs has disproportionally devastated minority communities while leaving many white suburban joint-smokers unscathed. Whereas less than two times as many minorities (6.82%) use recreational drugs as whites (3.47%), minorities are arrested and sentenced at four times the rate of whites for drug offenses, namely those involving marijuana. In lieu of government officials making such offenses crimes, all citizens should be allowed to engage in civil suits related to recreational drug use, especially if this use presents a medical danger to someone else.

These solutions may not be perfect. However, by ensuring that all citizens receive equal treatment and consequences under the law, it can help bring our country closer to a land where every American can have the same opportunity to build his or her destiny. The current prison system fosters a socialistic type of dependence. A new system must build up every American’s independence.