The Political Dynamics of Justice Reform in The U.S.

Discriminatory Sentencing
In 2016, according to the Sentencing Project's Fact Sheet on Trends in U.S.
Corrections, 2.2 million individuals were in America's prisons or jails. This reflects a
500% increase since the mid 1980s, which has come to be known as mass
incarceration. Those in support of criminal justice reform perceive the issue to be an
increase in surveillance and the use of draconian sentencing laws, especially within
communities of color. While some researches claim that racial sentencing disparities
are a reflection of differences in criminal activity, crime seriousness, and recidivism
between different communities, other researchers believe that racial minorities are
punished more harshly than their white counterparts who commit similar crimes.
Findings from a study done by Cassia C. Spohn, explained in “Thirty Years of
Sentencing Reform: The Quest for a Racial Neutral Sentencing Process” indicate that
an individual's race and ethnicity play a role in sentencing outcomes.
Sentencing Regulation
Individuals are sentenced more often and for longer with the average sentence in the
U.S. being nearly twice as long as Australian and five times as long as German
sentences. [3] Truth in Sentencing laws and mandatory minimums are perceived to be
two forms of draconian policies that contribute to prison overcrowding.
Truth in sentencing law requires that offenders serve the majority of their sentences
before being eligible for release, restricting or eliminating sentencing exceptions such as
good-time, earned-time, and parole board release. The majority of truth in sentencing
laws require offenders to complete at least 85% of their sentence. Due to the formation
of the Violent Offender Incarceration and Truth-in-Sentencing Incentive Grants Program
by Congress in 1994, states are given grants if they require violent offenders to serve at
least 85% of their sentences.
Mandatory minimum laws are those that require judges to sentence an individual to a
specified minimum for the committed crime. This shifts power from the power of judges
to prosecutors who have the ability to use the threat of an extremely long sentence in
order to pressure defendants into accepting a plea bargain.
Drug Policy
Proponents of drug policy reform point to the war on drugs, marijuana law reform, and
reducing drug harm as key issues. Advocates for policy change such as the Drug Policy
Alliance believe that the War on Drugs was and is a policy failure that has led to wasted
resources, human potential, and a violation of rights. The mass incarceration of drug
users is viewed as a waste of taxpayer money by drug reform advocated. The United
States spends over $51 million yearly on the war on drugs.
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