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“Life Without Redemption: When 1 in 7 U.S. inmates is serving a life term, it’s time to rethink our failed crime policies”

The title of this post is the headline of this notable new commentary authored by Ashley Nellis and Marc Mauer of The Sentencing Project which serves as a kind of follow-up to its recent report on life sentencing (discussed here). Here are excerpts:

A new report from our organization, The Sentencing Project, finds that an astounding 206,000 people — 1 in 7 people in prison — is serving a life term, including with or without the possibility of parole, and so-called “virtual” life sentences, where the offender faces 50 years or more. Overall, the per capita rate at which the U.S. uses life imprisonment nearly equals the entire prison population of several industrialized nations.

The number of “lifers” in prison — nearly 5 times the figure in 1984 — is an outgrowth of the movement to “get tough” that characterized sentencing policies in the 1980s and 1990s.  Along with the spread of mandatory sentencing, “three strikes” and other harsh policies, states and the federal government have increasingly sentenced individuals to life in prison.

These figures come at a moment when calls to end mass incarceration abound throughout the nation.  Despite the new punitive policy shift at the federal level led by Attorney General Jeff Sessions, many lawmakers, practitioners and civil rights organizations are advocating for a sizable reduction in what is now seen as a bloated and ineffective prison complex.  Yet the increasing use of life imprisonment suggests that substantial reductions in incarceration will be limited unless policymakers address the punishments at the deep end of the system for crimes that include violence, along with the more politically salable offenses involving drugs.

Most people serving life have been convicted of serious crimes, but among the population are over 17,000 persons convicted of nonviolent offenses and another 12,000 who were under 18 at the time of their crime. In three states, California, Utah and Louisiana, 1 in 3 prisoners is serving a life or virtual life sentence….

As is true of the justice system generally, racial and ethnic disparities are also profound among the lifer population. Today, two-thirds of those serving life are people of color.  While these individuals have generally been convicted of serious crimes, they are frequently sentenced to life imprisonment due to a prior criminal record through mechanisms such as habitual offender laws, more likely to be imposed on minorities.  Life in prison after a “third strike” might seem reasonable, but it fails to incorporate an understanding of the role of concentrated poverty, aggressive law enforcement and implicit bias that contribute to these criminal histories.

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