Fellow Patriot: The voluntary financial generosity of supporters like you keeps our hard-hitting analysis coming. Please support the 2024 Year-End Campaign today. Thank you for your support! —Nate Jackson, Managing Editor

June 1, 2018

Pleading for Criminal Justice Reform

Backed by Trump, the House passed the First Step Act, but opposition remains entrenched.

The prison population in the United States is exploding.

But this burgeoning population isn’t merely the result of cleaning our streets of violent offenders; it’s also due to overzealous prosecutors eager to tout their toughness in America’s war on crime.

Consequently, the United States has 5% of the world’s population and 25% of its incarcerated people, according to National Review’s Conrad Black. “The American conviction rate of nearly 99 percent, 97 percent without a trial,” says Black, is the result of a plea-bargain system that places the U.S. “in criminal-justice matters from the category of its socioeconomic and democratic peer countries and places it, in matters of criminal procedure and conviction rates, disgracefully among the totalitarian states.”

Plea-bargaining is one of the primary reasons why the prison population has risen so dramatically in recent decades. The process gives prosecutors “broad, opaque powers” according to Dylan Walsh at The Atlantic.

Walsh adds, “Judges are not regularly allowed to take part when a plea deal is made, and written records of a deal are almost never required. Though jury trials demand proof of guilt beyond a reasonable doubt, pleas follow no standards of evidence or proof; the prosecutor offers a break in exchange for a guilty plea, the defendant decides whether to take it without knowing the merits of his case.”

Even hard-line conservatives who typically favor tougher sentencing should be concerned about the ease with which Americans are being incarcerated, especially non-violent offenders and the drug-addicted.

But what’s being done on the political front to address the issue?

Until recently, not a lot. Proposals that call for tougher sentencing or building more prisons often fail to consider the vast majority of incarcerated individuals who will one day return to society.

What’s interesting is that a leading voice for prison reform is our tough-talking president, Donald Trump, who just last week hosted a prison reform summit at the White House. (The president’s son-in-law and senior adviser, Jared Kushner, has also taken up the issue because his father spent a year in federal prison.)

And it looks like the proposal is picking up steam. This week, the House passed the First Step Act by a vote of 360-59. Some of its features include providing training programs for ex-inmates to reduce recidivism, allowing inmates to build “good time” credit each year, banning the shackling of pregnant inmates, allowing for the release of terminally ill patients, and requiring prisoners to be placed in facilities within a reasonable distance of their families.

“I will sign it,” said President Trump, “and it’s going to be strong, it’s going to be good, it’s going to be what everybody wants.”

The bill’s supporters are hoping that the president can use the bully pulpit to push hesitant Republican senators to take up the measure, but Senate Majority Leader Mitch McConnell is at the moment reluctant due to deep divisions among party members.

Meanwhile, criminal justice advocacy groups such as Families Against Mandatory Minimums, the U.S. Justice Action Network, the Equal Justice Initiative, Koch Industries, and the American Civil Liberties Union are divided over the First Step Act for reasons ranging from potentially discriminatory practices to the lack of halfway houses for inmates to make the transition back into their communities.

Highlighting the division over prison reform, Reason’s C.J. Ciaramella writes, “Democrats are split on it, old-school conservatives are drumming up opposition from law enforcement groups, and progressive advocacy groups are attacking it from the left. Sen. Chuck Grassley (R-Iowa), the chair of the Senate Judiciary Committee and the Republican pointman on criminal justice reform, says the bill is dead in the water unless it includes major reforms to federal sentencing law as well.”

To his credit, Grassley has successfully recruited 13 Republicans to join the bipartisan effort. Yet despite the promising efforts of House members on Capitol Hill, the future of the bill doesn’t look promising. And that’s unacceptable.

Politicians have long ignored this complex issue, often seeking a quick fix to appease their own interest groups. And while Republicans need to realize that aggressive sentencing is not appropriate in all situations, or good for society in the long-term, Democrats need to stop looking at ex-cons merely as potential voters (yes, then-Virginia Governor Terry McAuliffe did unilaterally restore voting rights to 200,000 felons before the 2016 presidential election).

Of course, the most serious offenders should receive harsh sentences and should be locked up long-term. But those who’ll eventually leave prison to again become our co-workers and neighbors need a system that prepares them for life as productive citizens in a free society rather than creating a revolving door of convicts. Our society will be safer for it, and we can spend less money on incarceration.

Reforming the plea bargain process, revisiting mandatory sentencing laws, and even admitting that the Drug War has failed are all steps in the right direction.

In the end, this isn’t about getting soft on crime, but recognizing the flaws in the current system. With millions of prisoners and tens of millions of felons, Republicans and Democrats need to find common ground and do what’s right. President Trump is moving the country toward a broader conversation about prison reform, and the First Step Act is truly a step in the right direction.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.