The Carceral Problem Is Getting Worse

Despite new legislation, American hyper-punishment is not slowing. It's even accelerating.

San Quentin State Prison's Death Row

Prisoners at San Quentin State Prison wait in line to purchase items at the canteen at on August 15, 2016 in San Quentin, California. Justin Sullivan / Getty


The criminal justice reform bill, hopefully dubbed the First Step Act, represents a real accomplishment — a positive development in otherwise conservative times. It is all the more remarkable that a reactionary president, who ran a tough-on-crime campaign, is now poised to sign the bill.

But let’s not overstate matters. The bill essentially tweaks an otherwise punitive federal criminal justice system. It represents halting progress at best in efforts to scale back hyper-punishment.

The bill contains many commendable provisions. It ends the use of restraints on pregnant women prisoners. It includes provisions for hygiene and job training in prisons. It makes retroactive the 2010 sentencing reforms, which had reduced penalties for crack cocaine power to make them more consistent penalties for cocaine possession or distribution.

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