A Brennan Center proposal for smarter criminal justice policy. ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

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Today the Brennan Center proposed an innovative approach to criminal justice reform. We call it the Public Safety and Prison Reduction Act

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. This pathbreaking initiative seeks to reverse the polarity of federal incentives, using federal dollars to move states toward providing public safety without relying on the excesses of mass incarceration.

Most criminal justice policy, of course, happens at the state level. But the federal government plays a powerful role, for good or ill. The 1994 crime bill was a mixed bag, as we have written before. It included an assault weapons ban, 100,000 community police officers, and the Violence Against Women Act. But it also included a provision with long-term harmful consequences: $12.5 billion in financial incentives that spurred states to further expand prison populations. It did not start mass incarceration, but it deepened it.

Decades of research confirm that more incarceration does not lead to safe and thriving communities. In fact, Brennan Center research indicates

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that nearly 40 percent of the current U.S. prison population is incarcerated without any compelling public safety justification.

That’s why this new initiative is so important. The proposal would provide federal dollars to get at the root of what’s causing unnecessary incarceration in each state. It would use $1 billion in federal funding as an incentive to shrink state prison populations and enhance public safety. The bill would also prohibit participating states from enacting excessively punitive sentencing laws, such as mandatory-minimum laws and truth-in-sentencing statutes, during the funding period. Federal dollars would continue to flow to states that successfully implement the policy changes and reduce unnecessary incarceration, with funds earmarked for tracking and measuring success.

This would be, to paraphrase President Biden, a big deal. If the 25 states with the largest prison populations used these funds to reduce imprisonment by 20 percent, 179,000 fewer people would be confined behind bars in just three years. That would slash state prison populations by more people than are currently incarcerated in the entire federal prison system.

Why not just cut off federal funds altogether? That would not force a fundamental rethink of the states’ approach to criminal justice. The Public Safety and Prison Reduction Act would give states a reason to develop smarter, leaner, data-driven responses to crime. Federal dollars matter. Let’s use that power to promote a less wasteful and more just approach to criminal justice.





States Caving to Conspiracy Theories

This month, Florida, Missouri, and West Virginia became the latest states to announce they’re leaving the Electronic Registration Information Center, an interstate data cooperative that improves the accuracy of state voter rolls. Despite years of widespread bipartisan agreement that the group benefits democracy, baseless fringe attacks on ERIC’s security and nonpartisan status have driven several Republican-controlled states to abandon it. Their actions are “a victory for disinformation and a loss for good election administration,” Alice Clapman writes. Read more

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What’s at Stake in Wisconsin’s Supreme Court Race

Wisconsin’s April 4 judicial election could flip the ideological balance of its state supreme court after 15 years of conservative control. The contest has drawn record-high turnout and spending, in part because its outcome could decide the fate of abortion access and partisan gerrymandering in the state. “The race also tells a broader story about the influence state courts are wielding in the face of divided government and eroding federal rights,” State Democracy Research Initiative’s Dustin Brown writes for State Court Report. READ MORE

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Are Meta’s New Guardrails Enough to Deter Threats?

Meta has reinstated former President Trump’s accounts on Facebook and Instagram, which were suspended for two years over public safety concerns after he praised rioters during the January 6 insurrection. Writing for Just Security, Faiza Patel and Emile Ayoub examine whether the company’s revamped content moderation policies are up to the challenge of addressing Trump’s potential threats. “Their efficacy will depend on how they are enforced. And on that score, Meta’s record leaves much to be desired,” they write. READ MORE

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Coming Up

VIRTUAL EVENT TONIGHT — Saying It Loud: In Conversation with Mark Whitaker and Eugene Robinson

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Tuesday, March 14, 6–7 p.m. ET



Five decades ago, the words “Black Power” transformed the civil rights movement, ushering out the nonviolent philosophy of Martin Luther King Jr. and John Lewis and heralding the turbulent year of 1966. Join us for a virtual premiere with journalist and author Mark Whitaker and Pulitzer Prize–winning columnist Eugene Robinson as Whitaker walks us through his new book, Saying It Loud: 1966—The Year Black Power Challenged the Civil Rights Movement

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, and tells the story of that groundbreaking year. This premiere YouTube stream will include a live text chat Q&A with Whitaker. RSVP today

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Produced in partnership with the NYU Law Black Allied Law Students Association

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

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News

Alice Clapman on certifying election results // PROPUBLICA

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Ivey Dyson on the need for changes at the Office of Inspector General for the NYPD // GOTHAMIST

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Ian Vandewalker on New York’s public campaign financing program // TIMES UNION

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

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