Measure 11, also known as "One Strike You're Out", was a citizens' initiative passed in 1994 in the U.S. State of Oregon. This statutory enactment established mandatory minimum sentencing for several crimes. The measure was approved in the November 8, 1994 general election with 788,695 votes in favor, and 412,816 votes against.
Incarceration in the United States is one of the primary means of punishment for crime in the United States. In 2021, over five million people were under supervision by the criminal justice system, with nearly two million people incarcerated in state or federal prisons and local jails. The United States has the largest known prison population in the world. It has 5% of the world’s population while having 20% of the world’s incarcerated persons. China, with four times more inhabitants, has fewer persons in prison. Prison populations grew dramatically beginning in the 1970s, but began a decline around 2009, dropping 25% by year-end 2021.
The crack epidemic was a surge of crack cocaine use in major cities across the United States throughout the entirety of the 1980s and the early 1990s. This resulted in a number of social consequences, such as increasing crime and violence in American inner city neighborhoods, a resulting backlash in the form of tough on crime policies, and a massive spike in incarceration rates.
The Prison Policy Initiative (PPI) is a criminal justice oriented American public policy think tank based in Easthampton, Massachusetts. It is a non-profit organization, designated 501(c)(3) by the IRS.
Race in the United States criminal justice system refers to the unique experiences and disparities in the United States in regard to the policing and prosecuting of various races. There have been different outcomes for different racial groups in convicting and sentencing felons in the United States criminal justice system. Although prior arrests and criminal history is also a factor. Experts and analysts have debated the relative importance of different factors that have led to these disparities.
The War on Drugs is a term for the actions taken and legislation enacted by the US federal government, intended to reduce or eliminate the production, distribution, and use of illicit drugs. The War on Drugs began during the Nixon administration with the goal of reducing the supply of and demand for illegal drugs, but an ulterior racial motivation has been proposed. The War on Drugs has led to controversial legislation and policies, including mandatory minimum penalties and stop-and-frisk searches, which have been suggested to be carried out disproportionately against minorities. The effects of the War on Drugs are contentious, with some suggesting that it has created racial disparities in arrests, prosecutions, imprisonment, and rehabilitation. Others have criticized the methodology and the conclusions of such studies. In addition to disparities in enforcement, some claim that the collateral effects of the War on Drugs have established forms of structural violence, especially for minority communities.
The Fair Sentencing Act of 2010 was an Act of Congress that was signed into federal law by United States President Barack Obama on August 3, 2010, that reduces the disparity between the amount of crack cocaine and powder cocaine needed to trigger certain federal criminal penalties from a 100:1 weight ratio to an 18:1 weight ratio and eliminated the five-year mandatory minimum sentence for simple possession of crack cocaine, among other provisions. Similar bills were introduced in several U.S. Congresses before its passage in 2010, and courts had also acted to reduce the sentencing disparity prior to the bill's passage.
The New Jim Crow: Mass Incarceration in the Age of Colorblindness is a 2010 book by Michelle Alexander, a civil rights litigator and legal scholar. The book discusses race-related issues specific to African-American males and mass incarceration in the United States, but Alexander noted that the discrimination faced by African-American males is prevalent among other minorities and socio-economically disadvantaged populations. Alexander's central premise, from which the book derives its title, is that "mass incarceration is, metaphorically, the New Jim Crow".
The Smarter Sentencing Act is a bill in the United States Senate that would reduce mandatory minimum sentences for some federal drug offenses. In some cases, the new minimums would apply retroactively, giving some people currently in prison on drug offenses a new sentence.
In the United States, a person may have their voting rights suspended or withdrawn due to the conviction of a criminal offense. The actual class of crimes that results in disenfranchisement vary between jurisdictions, but most commonly classed as felonies, or may be based on a certain period of incarceration or other penalty. In some jurisdictions disfranchisement is permanent, while in others suffrage is restored after a person has served a sentence, or completed parole or probation. Felony disenfranchisement is one among the collateral consequences of criminal conviction and the loss of rights due to conviction for criminal offense. In 2016, 6.1 million individuals were disenfranchised on account of a conviction, 2.47% of voting-age citizens. As of October 2020, it was estimated that 5.1 million voting-age US citizens were disenfranchised for the 2020 presidential election on account of a felony conviction, 1 in 44 citizens. As suffrage rights are generally bestowed by state law, state felony disenfranchisement laws also apply to elections to federal offices.
Proposition 47, also known by its ballot title Criminal Sentences. Misdemeanor Penalties. Initiative Statute, was a referendum passed by voters in the state of California on November 4, 2014. The measure was also referred to by its supporters as the Safe Neighborhoods and Schools Act. It recategorized some nonviolent offenses as misdemeanors, rather than felonies, as they had previously been categorized.
Rights restoration is the process of restoring voting rights to people with prior felony convictions who lost their voting rights under felony disenfranchisement. It may also refer to additional civil rights that are taken away upon conviction, such as holding public office and serving on a jury.
Criminal justice reform seeks to address structural issues in criminal justice systems such as racial profiling, police brutality, overcriminalization, mass incarceration, and recidivism. Reforms can take place at any point where the criminal justice system intervenes in citizens’ lives, including lawmaking, policing, sentencing and incarceration. Criminal justice reform can also address the collateral consequences of conviction, including disenfranchisement or lack of access to housing or employment, that may restrict the rights of individuals with criminal records.
The Ohio Organizing Collaborative (OOC) is a 501(c)(3) non-profit statewide organization focused on uniting community organizers and organizing groups across Ohio with similar interests. The OOC was formed in 2007 by Kirk Noden with a mission of organizing citizens to build power and combat social, racial and economic injustices in communities across Ohio. The goal for the OOC is to organize Ohioans and the Midwest citizens into a progressive movement. The OOC is composed of 18 community-based organizations with members in every major city across Ohio. These organizations include labor unions, faith organizations, community organizing groups among others. Currently the OOC participates in eight campaigns across the state through direct advocacy, voter engagement, fundraising, and community growth. Funding for the OOC is provided in many different ways including third party investors, grants, and fundraising.
Marc Mauer is the executive director of the Sentencing Project, a group that advocates for criminal justice reform and addressing racial disparities in the United States criminal-justice system.
Felony disenfranchisement in Florida is currently a contentious political issue in Florida. Though the general principle of felony disenfranchisement is not in dispute, the disenfranchisement of people who had been convicted of a felony and have served their sentence — that includes prison, bail and parole — but continue being barred from voting if they have outstanding fines, fees or restitution obligations is in contention. Prior to January 8, 2019, when Amendment 4 came into effect, people convicted of a felony effectively lost their right to vote for life, as it could only be restored by the governor as an act of clemency, which rarely occurred. Florida was one of four states with a lifetime ban, the others being Iowa, Kentucky and Virginia.
The First Step Act, formally known as the Formerly Incarcerated Reenter Society Transformed Safely Transitioning Every Person Act, is a bipartisan criminal justice bill passed by the 115th U.S. Congress and signed by President Donald Trump in December 2018. The act enacted several changes in U.S. federal criminal law aimed at reforming federal prisons and sentencing laws in order to reduce recidivism, decreasing the federal inmate population, and maintaining public safety.
Sentencing reform is the effort to change perceived injustices in the lengths of criminal sentences. It is a component of the larger concept of criminal justice reform. In the U.S. criminal justice system, sentencing guidelines are criticized for being both draconian and racially discriminatory. Additionally, they are cited as the main contributor to the growing and excessive prison population known as mass incarceration.
Decarceration in the United States involves government policies and community campaigns aimed at reducing the number of people held in custody or custodial supervision. Decarceration, the opposite of incarceration, also entails reducing the rate of imprisonment at the federal, state and municipal level. As of 2019, the US was home to 5% of the global population but 25% of its prisoners. Until the COVID-19 pandemic, the U.S. possessed the world's highest incarceration rate: 655 inmates for every 100,000 people, enough inmates to equal the populations of Philadelphia or Houston. The COVID-19 pandemic has reinvigorated the discussion surrounding decarceration as the spread of the virus poses a threat to the health of those incarcerated in prisons and detention centers where the ability to properly socially distance is limited. As a result of the push for decarceration in the wake of the pandemic, as of 2022, the incarceration rate in the United States declined to 505 per 100,000, resulting in the United States no longer having the highest incarceration rate in the world, but still remaining in the top five.
Cynthia Ellen Jones is a criminal defense attorney and professor of law at the American University Washington College of Law specializing in criminal law and procedure as well as bail reform. Jones is an expert in racial disparities in the pretrial system and was previously the Director of the Public Defenders Service in Washington, D.C. She is a leading scholar in criminal procedure. In 2011, she was awarded the American University Faculty Award for Outstanding Teaching. Jones was the director of the Stephen S. Weinstein Trial Advocacy Program at the university. She has written three textbooks related to criminal law and procedure.
