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A single criminal conviction bars a person for life from calling a bingo game in New York State. Before you chuckle at this gratuitous prohibition, take a second to appreciate the wider context: this is one of 27,000 (!) rules nationwide barring people with criminal records from obtaining a professional license. Conviction of a crime excludes people from holding jobs from real estate appraiser to massage therapist.

In our work to end mass incarceration, the Brennan Center has focused on the length of prison sentences. As our studies have shown, 39 percent of those in prison are there without a current public safety rationale. But the reach of our criminal justice system — its inefficiencies and its unfairness — extends far beyond the time an individual is incarcerated.

We all have a stake, for example, in making sure that a person leaving prison can reintegrate into society. Instead, we throw up barriers. Getting a job, even one that does not require a professional license, becomes extremely challenging. Studies show that a criminal conviction reduces the likelihood of getting a job callback by 50 percent for a white applicant and nearly two-thirds for a black applicant. These long odds have serious consequences. Finding work is the key to getting housing, becoming a contributing family member, and living an independent life.

Since many people are convicted of crimes when young, the negative effects reverberate for decades. The annual reduction in income that accompanies a criminal conviction rises from $7,000 initially to over $20,000 later in life.

Today, crime is rising. Public safety must be a paramount goal. When violence cascades, it hurts poor and marginalized communities most. As Alvin Bragg, the new Manhattan district attorney, put it so well, “The two goals of justice and safety are not opposed to each other. They are inextricably linked.”

Progress toward criminal justice reform was made possible, in part, by the fact that crime rates were falling for decades. Now, rising crime again creates the conditions where demagogic politics and unwise policies can recur — with potentially crushing social, economic, and racial consequences. So we need to think anew, to make sure that the reaction to rising crime does not provoke a policy response that produces neither safety nor fairness.

A year ago, the Brennan Center set out to broaden the national discussion about criminal justice reform. Since then, through our Punitive Excess series

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, we have published 25 essays by a diverse set of authors, including scholars and formerly incarcerated people. The seldom considered collateral consequences of criminal conviction is just one of many topics, which also include perverse financial incentives in the system, inhumane prison conditions, racism, the treatment of child offenders, and more.

It is a trove of analysis and scholarship that deserves your attention. Today we published the concluding essay

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, which surveys the damage from heavy-handed tactics and offers alternatives that empower communities. We also released a new video

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exploring the problems caused by excessive punishment. I hope you will read, watch, and share widely.

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Democracy

SCOTUS Needs a Code of Conduct

Ginni Thomas, the wife of Justice Clarence Thomas, is an ardent supporter of the Big Lie–fueled election denial movement and was in frequent contact with the White House chief of staff on the antidemocratic campaign’s behalf. This was startling enough — and raised even more concerns about Justice Thomas’s failure to recuse from cases relating to the January 6 insurrection and the 2020 election. All of it reminds us that Supreme Court justices are the only judges in the United States who do not have to follow an ethics code. “It’s long past time for a Supreme Court code of conduct — one that anticipates the potential for lawlessness by the justices themselves,” Alicia Bannon, Douglas Keith, and Amanda Powers write. Read more

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Dos and Don’ts for Credible Audits

Knowing how to tell the difference between professional oversight and partisan sham reviews is crucial. The Cyber Ninjas review of Arizona’s 2020 election made headlines for its stumbles — but these missteps can help us recognize less obviously phony reviews in the future. Ruby Edlin and Clara Fong contrast the faulty Maricopa County, Arizona, audit with the American Statistical Association’s quality evaluation of the 2020 Census, finding the stark differences to be instructive to the public and future auditors alike. Read more

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Constitution

Threats to DC Home Rule

Leading House Republicans have promised to restrict the District of Columbia’s already limited ability to govern itself if they retake the majority in November’s midterm elections. Some have gone as far as calling for the repeal of the Home Rule Act, which would eliminate DC’s city government. Maya Efrati and Katherine Scotnicki analyze the district’s tenuous and limited right to self-government and the one permanent solution available: adding DC as a state. “Without statehood, DC residents will remain deprived of real control over their own affairs, and the situation exposes their limited agency to further erosion,” they write. READ MORE

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Unjust Surveillance of Immigrants at DHS

Sen. Ron Wyden (D-OR) recently revealed that Homeland Security Investigations (HSI) — a law enforcement arm of the Department of Homeland Security — has been indiscriminately surveilling millions of money transfers between people in Mexico and four southwestern states. This clear abuse of power unjustly targets the Latino community, illustrating a pattern of discrimination at HSI, and was conducted on flimsy legal grounds, potentially violating the Fourth Amendment. “The agency often uses its transnational crime mission to investigate immigrants of color who are not suspected of criminal activity,” Mary Pat Dwyer writes. JUST SECURITY

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Understanding the Russia Sanctions

In the weeks following Russia’s invasion of Ukraine, the United States and allies have deployed numerous sanctions aimed at key parts of the Russian economy. However, there are genuine concerns for whether these sanctions will work or if their effects will only cause international economic discord and misery for ordinary Russians. Benjamin Waldman and Elizabeth Goitiein discuss the impact of sanctions and what the president’s powers are in regard to these tools, arguing for reforms that center sanctions’ economic and humanitarian effects. JUST SECURITY

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Fellows

President Biden’s (Limited) Ability to Diversify the Courts

President Biden has made marked progress on judicial nominations, especially on bringing greater diversity to the federal bench — in terms of both professional and personal backgrounds. Caroline Fredrickson and Alan Neff break down the demographics of the federal district and circuit court seats with projected openings, and make clear the limits to the president’s goal: “Historic trends in turnover and the Senate’s confirmation customs will not allow President Biden to have much impact on racial and gender diversity if he only appoints judges to vacancies as they arise. To have a truly significant impact, he must expand the number of judges on the federal bench.” Read more

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Coming Up

VIRTUAL EVENT: Universal Voting

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Tuesday, April 12, 6–7 p.m. ET

Twenty-six countries require participation in their elections. In 100% Democracy: The Case for Universal Voting

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, co-authors E.J. Dionne and Miles Rapoport argue that the United States should follow in their footsteps. After all, Americans are required to pay taxes and serve on juries. Join us for a conversation with the authors and New York City Council Member Alexa Avilés about universal voting and how to implement it. RSVP today

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VIRTUAL EVENT: Drawing the Line: How Redistricting Impacts Latino Communities

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Hispanic Federation and the Brennan Center are co-hosting a series of discussions providing updates on the redistricting process in North Carolina, Florida, Texas, and Georgia. Panelists are looking at the impact that the new maps will have on the Latino community, upcoming elections, and representation at all levels. You can watch the past events on North Carolina

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and Florida

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online. RSVP today

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Texas: Thursday, April 7, 1 p.m. ET

Speakers: Michael Li, Senior Counsel, Democracy, Brennan Center // Lydia Camarillo, President, Southwest Voter Registration Education Project // Nina Perales, Vice President of Litigation, Mexican American Legal Defense and Educational Fund // Moderator: Ingrid Alvarez, Vice President for Policy and Strategic Engagement, Hispanic Federation

Georgia: Thursday, April 14, 11 a.m. ET

Speakers: Gigi Pedraza, Chief Executive Officer & Founder, Latino Community Fund Georgia // Yurij Rudensky, Senior Counsel, Democracy, Brennan Center // Jackie Colón, Southeast Regional Director, NALEO Educational Fund // Jerry Gonzalez, Chief Executive Officer, GALEO // Genny Castillo, Regional Engagement Director, Southern Economic Advancement Project // Moderator: Frankie Miranda, President & CEO, Hispanic Federation

Want to keep up with Brennan Center Live events? Subscribe to the events newsletter.

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News

Alicia Bannon on the importance of judicial diversity // CNN

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Elizabeth Howard on the “theater” of Arizona’s partisan election review // PBS

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Michael Li on courts’ limits to the Voting Rights Act in redistricting // NBC NEWS

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Lawrence Norden on increased national attention toward races for election administration // REVEAL

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Wendy Weiser on what President Biden can do to protect ballot access // NEW REPUBLIC

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Thomas Wolf on the legal idea known as the “independent state legislature theory” // CAROLINA PUBLIC PRESS

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Feedback on this newsletter? Email us at [email protected]

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