Perverse financial incentives are warping the criminal justice system. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌   ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ 
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Brennan Center for Justice
Recent bipartisan efforts to improve the criminal justice system have had little impact on our extraordinarily high levels of incarceration. Reforms are stymied largely because of financial incentives that encourage excessive enforcement, prioritizing revenue over the public’s safety and well-being. A new Brennan Center report details the corrosive practices perpetuating mass incarceration and outlines how all levels of government must act to unravel these deeply embedded economic incentives.
The latest January 6 congressional hearing showed more of what Donald Trump knew about the insurrection and when he knew it. In December 2020, he infamously invited his supporters to join the “big protest” on January 6 against the 2020 election results. However, we now know that in the weeks before and after Trump’s tweet, his political advisers were in close contact with extremist groups like the Proud Boys and Oath Keepers that took the president’s words as a call to arms. Indisputably, the Capitol attack wasn’t a peaceful protest that escalated into violence. It was a planned insurrection from the beginning, and Trump knew it.
This fall, the Supreme Court will hear a gerrymandering case out of North Carolina that could turn our elections into chaos. At issue is the “independent state legislature theory,” a radical misreading of the Constitution that hands state legislatures near absolute power over federal elections. The consequences of adopting this idea would be severe: partisan state legislators would have unfettered authority to pass laws making it harder to vote and easier to interfere in election outcomes. The Court must reject attempts by conservative legal activists to turn this baseless, dangerous theory into the law of the land.
After years of decline, crime rose during the pandemic for reasons that remain unclear. Some have been quick to politicize this complex issue and blame rising crime on criminal justice reform — without any supporting evidence. Policymakers shouldn’t jump to conclusions about what drove this increase and should avoid the temptation to use failed “tough on crime” policies of the past to counteract it. Instead, officials must focus on reducing gun violence and reinvesting in vulnerable communities to build public safety in the long term.
After the Supreme Court’s recent decision making it easier for people to carry concealed guns in New York, the state has taken a novel approach to regulating firearms: using private property rights. A new law requires gun owners to have express permission to carry their guns onto private property such as homes, stores, restaurants, offices, and so on. After all, the Constitution may protect the right to bear arms, but it doesn’t offer the right to carry firearms onto other people’s property. New York’s astute legislative response could serve as a  model for other states.
With the Supreme Court taking aim at long-standing constitutional rights, state courts are now more important than ever. But so far this year, lawmakers in 25 states have considered at least 73 bills that would weaken the power and independence of these courts. Alarmingly, many of these bills would limit state courts’ authority over abortion, guns, redistricting, and other key issues. The judiciary must be free to exercise its role as a check on governors and state lawmakers without inappropriate political manipulation.

 
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Brennan Center for Justice at NYU School of Law
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