Have long prison terms made us safer? We need to find out
America’s recent spike in homicide has reignited debate about how best to prevent crime, a conversation likely to grow hotter as the midterm elections draw near. Some insist on more and better policing; others endorse community-led initiatives, and the evidence suggests a combined approach will yield the best results.
Conspicuously absent from this urgent discussion, however, is a crimefighting tool that has largely escaped scrutiny — long prison terms.
Punitiveness in sentencing has always been a staple of American jurisprudence, but policymakers widened their embrace of long sentences in the 1990s, adopting mandatory minimums, “three strikes” laws and other “tough-on-crime” changes in response to high levels of violence. That fueled incarceration levels, created the graying prison population we have today and significantly expanded annual costs for taxpayers.
But have long prison sentences made us safer?
And how have they affected survivors of crime, incarcerated people and their families, prison staff, and communities at large?
Addressing the current crime increase — and crafting smart policies to enhance safety, increase support for victims, hold perpetrators accountable, and improve post-release outcomes for those who serve time — requires us to answer these questions.
Earlier this year we joined a national effort focused on that very mission, the bipartisan Task Force on Long Sentences launched by the Council on Criminal Justice. We come to this work from vastly different perspectives — one of us a lifelong advocate for crime victims and survivors, the other a former life prisoner who served 24 years behind bars.
We don’t see eye to eye on everything, and other members of our task force — including our co-chairs, former U.S. Deputy Attorney General Sally Q. Yates and former U.S. Rep. Trey Gowdy (R-S.C.) — don’t either. But we’ve set aside differences and come together because the moment demands it, and at the end of the year we’ll release policy recommendations to improve public safety and advance justice.
Before we get there, however, we’re taking a hard look at the numbers and relevant research, an effort that began with a comprehensive analysis of the nation’s use of long sentences.
What we learned surprised us.
For starters, we found that more than half of those incarcerated in state prison are serving a sentence of 10 years or more, and that this share has grown over time — from 46 percent in 2005 to 57 percent by the end of 2019. While representing a relatively small proportion (17 percent) of state prison admissions, people who receive long sentences remain in prison for extended periods, causing their numbers to stack up.
Also on the rise is the length of time those sentenced to 10-plus years actually spend behind bars. In 2005, it was 9.7 years, and by 2019, it had grown to 15.5 years. This population is also getting older. The share of people 55 and older serving long sentences more than doubled from 2005 to 2019, from 8 percent to 19 percent.
We also examined racial trends. Our analysis found that shares of Black and White people receiving long sentences have grown, and that the gap between those shares has widened, from one percentage point in 2005 to four percentage points in 2019.
Finally, we looked at the breakdown by sex, finding that men are about 72 percent more likely to receive a long sentence than women, mostly because men are convicted of more serious, violent crimes. Greater shares of women are imprisoned on long sentences for drug (16 percent) and property crimes (12 percent) than for violent offenses (6 percent).
These findings create an important foundation for our investigation, but our work is just beginning. Over the coming months, we’ll dig into research on the public safety impacts of long prison sentences and examine how America’s sentencing approach compares to what other comparable countries do. We’re gathering testimony from victims and a broad range of other affected individuals and groups, as well as a wide spectrum of academic experts and criminal justice professionals. We’re also discussing strategies to improve the effectiveness of victim impact statements.
With public anxiety about crime on the rise, and an election rapidly approaching, we know that political rhetoric can easily eclipse facts, a reality that does not make for good policy. Now, more than ever, it’s critical that we look beyond the headlines and insist on criminal justice solutions rooted in research, data and evidence.
For decades, long sentences have been a core element of our crime-fighting approach, but the fact is, the myriad impacts of those sentences are not well understood. A fair and effective criminal justice system is essential to our democracy and a core measure of our nation’s well-being.
Let’s make sure our use of long sentences reflects that ideal.
Sam Lewis, a former life prisoner in California, is executive director of the Anti-Recidivism Coalition, which provides support for formerly incarcerated individuals and advocates for criminal justice reform.
Anne Seymour is a Washington, D.C.-based national advocate for crime victims and survivors who has nearly four decades of experience in the victim/survivor services and justice fields.
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