The Nation has posted an excellent summary of the prison abolitionist movement.
This article turns from the theological to the practical and answers many of the common questions about the practicality of abolition. In particular, it summarizes the classical strategies for moving towards abolition: moratorium on building new prisons, decarceration by letting people out of prisons, and excarceration by changing policies to keep so many people from being incarcerated in the first place.
I want to add some suggestions of practical policies of mass excarceration and mass decarceration that we should work towards.
Strategies for excarceration:
-Legalize drug use and possession. There’s growing evidence that much drug use is not actual addiction or abuse, and even in cases of addiction, incarceration is almost never the best solution. Emphasize and pay for voluntary drug treatment for addicts instead.
-Divert cases, especially nonviolent property crimes and crimes by juvenile offenders, into restorative justice programs like Common Justice in NYC. In these programs, if the victim wants to participate, the crime is diverted out of the criminal justice system into a restorative justice process which focuses more on dialogue between the victim and the offender and figuring out how to make things as right as possible in the situation (rather than punishing).
-Massively increasing funding to public defender programs. Poor black defendants are more likely to be indigent, and therefore to get substandard legal representation. Public defenders are overworked and underpaid; supporting that system will help get fairer trials and keep people out of prison.
Strategies for decarceration:
-Shorten prison terms. The US has a highly punitive culture and longer prison terms than almost anywhere else in the developed world. To really make a dent in the prison population, we have to lower sentences imposed. That means abolishing mandatory minimum sentences, but also changing statutes and sentencing guidelines to disallow longer sentences, and in particular life sentences, except in the most egregious cases.
-Abolish money bail. Bail at this point just serves to keep poor people in jail awaiting trial while richer people can get out. It does great harm to communities, especially communities of color, and it pressures innocent people to plead guilty even if they’re not just to get out of jail. More here.
-Grant more parole and compassionate release. Parole is politically unpopular, so parole boards tend to be stingy. But encouraging/requiring more parole will help cut prison populations. Also, there is strong evidence that people over 50 almost never return to violent crime, so mass compassionate release of older inmates would help reduce prison populations.
-Grant more pardons and commutations. Generous usage of the pardon power at the federal and state level is one effective way to get people out of prison. Commute the sentences of all nonviolent drug offenders to time served, for example, and let them all out. It’s worth noting, though, that just focusing on nonviolent offenders doesn’t do enough to really cut down the prison population — so we would have to start looking at using pardons and commutations to let out even violent offenders who show evidence of rehabilitation. While pardons and commutations are the purview of elected executives, we can work for collective community pressure. One major reason pardons are used to little is the fear of reprisal from “tough on crime” voters. The more support we can give to elected officials to get people out of prison, the more we can help bring about decarceration.
These policies are not sufficient! They are not abolishing the unjust system. But they are practical possibilities to start moving the right direction: towards massive decarceration and excarceration.
