Chapter 11 – The Judicial Branch
11.16 Mass Incarceration & Opportunities for Change
Opportunities for change within the judicial system help to address the unintended effects, biases, and errors that can arise when judges uphold existing laws. While judges are bound to enforce the laws written by the legislature, these laws can sometimes have consequences that were not anticipated or intended. For example, certain laws might disproportionately impact specific communities or fail to adapt to new societal challenges. Recognizing these issues, society has the opportunity to learn from past experiences and develop new strategies that are more just and effective.
The legislative branch plays a key role in this process by crafting and amending laws. When evidence shows that current laws are not achieving their intended goals or are causing harm, the legislature has the authority and responsibility to make necessary changes. A notable example is the War on Drugs, which has led to widespread criticism for its role in mass incarceration for nonviolent crimes and its disproportionate impact on minority communities.
Watch the following TedTalk from former Ohio State law professor Michelle Alexander:
YouTube URL: https://www.youtube.com/watch?v=SQ6H-Mz6hgw
Duration: 23:39
In response to these criticisms, there has been a growing movement to reform drug laws by implementing treatment and rehabilitation for nonviolent offenders rather than only punitive measures. Even people who disagree with Professor Alexander’s premise of systemic racial bias have sought related reforms.
President Trump’s justice reform initiative, known as the First Step Act, is an example of bipartisan efforts to address flaws in the criminal justice system. This legislation, supported by a diverse coalition of lawmakers from across the political spectrum, aimed to reduce recidivism, improve prison conditions, and offer second chances to nonviolent offenders. Recidivism refers to the tendency of a person who has been previously convicted of a crime to reoffend or engage in similar criminal behavior after serving their sentence or undergoing intervention. It is often measured by whether an individual is rearrested, reconvicted, or reincarcerated within a specified period after their release.
The passage of the First Step Act demonstrates that criminal justice reform is a bipartisan issue, with broad agreement that the system must evolve to better serve justice and fairness.
Watch a Trump administration official promote the initiative on Fox News:
YouTube URL: https://www.youtube.com/watch?v=DX1hZ9hzOOQ
Duration: 5:52
This commitment to reform, shared by both parties, highlights the potential for meaningful change when lawmakers work together to address systemic problems.
Finally, watch Oklahoma Governor Kevin Stitt talk about the toll of mass incarceration in his state:
YouTube URL: https://www.youtube.com/watch?v=Y4wLoMp9RfM
Duration: 6:30
