President Obama’s final State of the Union address was billed as a speech that would look at “who we are” as a nation and other such flowery terms. Yet, he barely touched on criminal justice reform, the one issue that shows growing bipartisan support and has succeeded in numerous states. What a missed opportunity this was for the president to take a cue from the states and lead Washington toward meaningful criminal justice reform.
Despite this disappointment, Congress will continue to consider criminal justice reform, and we are confident that the data-driven solutions that have proven to enhance public safety while saving taxpayer money will ultimately be implemented. For years, states have seen their prison populations swell to unmanageable and unaffordable levels thanks to “tough on crime” approaches that have imprisoned even the most minor offenders. In addition, there are prisoners serving time for technical violations of arcane or broadly worded laws that would convict even the most innocent person.
Another problem that must be addressed is civil asset forfeiture. It is a little known process in which law enforcement officer confiscate a person’s private property merely because the officer suspects the property in question has been used in a crime. When this occurs, it is very difficult, if not impossible, to get the property returned, even if the owner is acquitted. What was intended as a tool to help combat organized crime has instead been used as a revenue stream by law enforcement officials.
At the same time, the overall number of federal criminal offenses has ballooned to more than 5,000 and more than 300,000 regulatory offenses that carry a criminal penalty. With so many would-be offenses on the books, it is more important than ever that government prove mens rea (criminal intent). If a law does not require a guilty state of mind, individuals can be found guilty of crimes carrying heavy fines and prison time without even knowing they were doing something illegal. These protections are essential and must be addressed by Congress and by the states.
Finally, former offenders need to be able to find work and re-enter the community. Convictions for minor offenses bar many ex-offenders from obtaining professional licenses. The link between finding work and maintaining family relationships must be strengthened so as to discourage recidivism.
Texas implemented conservative reforms to criminal justice laws in 2007 and has since lowered the overall crime rate to its lowest level since 1968 while saving a projected $3 billion of taxpayer money. Following that lead, more than two dozen states, including Georgia, Nebraska and South Dakota, have reformed sentencing laws, kept prison space open for the most serious offenders and saved billions of dollars in incarceration costs.
The work of the states in repairing the criminal justice system should serve as the model for the federal government. The states must continue to lead on criminal justice reform, and we will work with legislators and partners around the country to implement these proven, conservative reforms.
Jerry Madden is a former member of the Texas House of Representatives and served as Chairman of its Corrections Committee, and is a signatory to the Right on Crime Statement of Principles. Thinking of submitting an op-ed to the Washington Examiner? Be sure to read our guidelines on submissions.
