We need to reform the nation’s justice system

For decades, federal and state policymakers from both sides of the political aisle differed on the definition of a just and fair legal system. The bipartisan movement that began in Texas and Georgia over ten years ago is now reaching a consensus, and the political divide has been eliminated.

The momentum toward a more effective justice system has brought together all sides of the political spectrum and allowed for the creation of a new nonpartisan, national organization dedicated to fostering dialogue on how this nation can enhance safety and justice for all Americans.

The Council on Criminal Justice, a first-of-its-kind, invitation-only organization of 150 policymakers and experts was launched last week to identify criminal justice policy challenges facing our nation and to build consensus for solutions that enhance safety and justice. Inaugural members of the Council include Sen. Mike Lee of Utah, former U.S. Deputy Attorney General Sally Yates, Kentucky Gov. Matt Bevin, former California Gov. Jerry Brown, Mark Holden of Koch Industries, and CNN political commentator Van Jones.

The time is now for federal and state policymakers to capitalize on the successful reforms that have taken hold across the country. This new organization will set the new standard for the way criminal justice policy is forged, and foster relationships between Republicans and Democrats so that this nation can build upon the enormous successes of the past decade.

Criminal justice policy has far too often, and for far too long, been driven by emotion and false information. Facts, evidence, and shared principles of justice must overtake the massive amount of misinformation that has historically impeded progress on this issue.

Over the past half-century, the criminal justice landscape is littered with policies and programs that initially seemed like good ideas but ultimately failed. There is now an opportunity and an obligation for policymakers to tune out the noise and instead incorporate what research and data show are the most effective policies and practices at the federal, state, and local levels.

The next step in enacting further justice reform at the federal level is to identify politically viable, bipartisan solutions to work alongside the First Step Act. Two research projects are underway by the Council on Criminal Justice to that end: one examines the fallout from the 1994 Crime Bill passed under President Bill Clinton, and the other explores current incarceration trends across the country by race and gender.

Further reform is much needed and possible at the federal level, and these studies will help identify where those opportunities lie, but there also are limitless opportunities for change throughout various state governments.

Texas got the ball rolling in 2007 by investing millions of dollars into alternatives to prison. Those results resonated in state capitals across the country as lawmakers in other states recognized that if a “tough on crime” state like Texas can reform its system, then meaningful reform is possible elsewhere. As word of the successes in Texas grew, other states adopted similar reforms, and the issue gained momentum across the country. States such as Louisiana and Georgia enacted comprehensive reform packages that safely and effectively reduced incarceration and recidivism rates, while also saving taxpayer resources.

The success of justice reform in America over the past few years is undeniable, and yet further policy solutions are waiting to be discovered and enacted at the federal, state, and local levels. There are three keys to furthering the justice reform movement.

First, we must share the conclusive evidence that reform is making our jails, prisons, and court system more effective. States like Texas have had remarkable success in bringing down crime and incarceration at the same time. Second, there is significant public support for justice reform across the ideological spectrum. Leading conservatives such as Newt Gingrich, Ralph Reed, Grover Norquist, and Charles and David Koch, have joined with liberals such as Eric Holder, Van Jones, and Donna Brazile to embrace and champion reform. Thirdly, we have seen tremendous growth in the amount of research available to determine what works in stopping the revolving door in and out of our nation’s jails and prisons.

Forty years ago, the nation started down the path of building more and more prisons. Prisons quickly became the weapon of choice in the country’s fight against crime. These failed policies were instituted because of a lack of evidence to refute the conventional wisdom that the United States could incarcerate its way to a crime-free society. Today, we have conclusive evidence that the conventional wisdom was instead ill-informed, dangerous, and expensive.

There is no magic bullet to create a perfect system and much work remains to be done to reverse the failed policies of the past. Momentum continues to build for justice reform formulated through proven results in states such as Texas, political will by conservatives and liberals alike, and a robust body of research that has identified policies and practices that will ensure positive, life-changing justice system outcomes that create a safer and more just America.

Timothy Head is the Executive Director of the Faith & Freedom Coalition and a member of the board of directors of the Council on Criminal Justice.