The Missing Piece of the Criminal Justice Reform Discussion
Is it possible to remain incarcerated even after having been set free?
America has, over the past several years, begun to tussle more deeply, or at least more publicly, with the issue of mass incarceration鈥攚ith how, for instance, it its citizens (and overwhelmingly people of color), and how companies have 聽from this trend. And yet, there鈥檚 often a missing piece of the criminal justice reform discussion: reentry, and the attendant obstacles faced by those navigating a society not built for people previously behind bars.
This point was one of a few central planks of a conversation on Wednesday, hosted by 国产视频, centered around how prisons often fail to rehabilitate. 鈥淎 good place to think about a holistic approach [to criminal justice reform] is to think about the real challenges鈥濃攊ncluding, historically, , , and 鈥斺渙f reentry,鈥 said the event鈥檚 moderator Marcia Chatelain, who鈥檚 a 国产视频 National Fellow and an associate professor of history and African American studies at Georgetown University. She wanted to know: how to ensure that people leave prison and return to 鈥渁n ethical and dignified world鈥 that cares?
For Reginald Dwayne Betts, a 国产视频 National Fellow and one of the panelists, it鈥檚 largely impossible not to view this question as personal. In 1996, when Betts was 16 years old, he was sentenced to nine years in prison for a carjacking. 鈥淏ut it鈥檚 not just about my experience,鈥 Betts said. It鈥檚 also about the experiences of people I know who still struggle every day with stigma, who still struggle every day with the ways in which 鈥 they鈥檙e blocked from achievement.鈥
It鈥檚 easy, perhaps, to read about Betts and miss the yawning holes in the glistening American notion of reform and rehabilitation through incarceration. Betts, after his release in 2005, wrote a book of poetry, 2015鈥檚 Bastards of the Reagan Era, that Michiko Kakutani, former chief book critic for the New York Times, as 鈥渇ierce, lyrical and unsparing.鈥 And, in 2016, he graduated from Yale Law School, where he鈥檚 now a Ph.D. in Law candidate. 鈥淏ut literally at every step of the way,鈥 Betts said, 鈥渄oors that I鈥檇 expected to be opened with less fight have frequently required a kind of effort that we shouldn鈥檛 expect anybody to have to exert.鈥 Take how even though Betts passed the Connecticut bar exam in February of 2017, his application was initially denied; there were concerns about what his conviction, from some 20 years ago, said about his 鈥渕oral character.鈥 He was eventually accepted to the bar later that year, but it was only after a period of review.
Which is to say: America punishes people long after they鈥檝e done their time.
Marc Morj茅 Howard, a professor of government and law and the director of the Prisons and Justice Initiative at Georgetown University, echoed this sentiment, though he put it a bit more crassly: 鈥淚n terms of reentry, it鈥檚 a disaster.鈥 And, no, Howard wasn鈥檛 being hyperbolic.
鈥淔irst of all, the period of incarceration is about getting people ready for reentry. They say: 鈥楾he punishment is over. Your punishment was simply being separated from society. Prison is about trying to help you reenter, help you get better,鈥 whether it鈥檚 job training, whether it鈥檚 education, whether it鈥檚 social services,鈥 Howard said. In America, however, 鈥渢here鈥檚 no fresh start. We talk about second chances鈥攆irst of all, many people didn鈥檛 have a first chance, but then they don鈥檛 even have a second chance when they come out.鈥 He said that the question people ought to ask is: 鈥淲hy aren鈥檛 we letting out all the other Dwaynes in there who deserve a chance?鈥
There鈥檝e been efforts to reform, of course. For instance, 鈥渂an the box鈥濃攁 reference to the tick-box on job applications indicating whether a candidate has a criminal record鈥攏ow has some degree of legal standing in dozens of states and over 100 cities or counties across the country. Nonetheless, advocates and policy experts聽 that far more needs to be done to expand 鈥渂an the box鈥 and squelch the tension between the promise of reentry and those looking to realize it, given that most returning inmates, even those who鈥檝e gone through halfway homes, continue to struggle to access basic services鈥攄ue in no small part to state and local laws. (In 2016, Virginia its insidious, racist history of disenfranchisement, allowing people with previous felony convictions to vote, but the same can鈥檛 be said for many other states.)
Put another way, America鈥檚 brand of rehabilitation鈥攁s Howard pointed out, criminal justice works in better, less strictly punitive ways in other countries鈥攊s rose-colored rather than realistic. It insists that it brings out the absolute best in American society, when, as is usually the case, it鈥檚 used to punish, over and over again, those it鈥檚 already deemed society鈥檚 worst.
But the past鈥攐r present, rather鈥攏eed not be prologue. 鈥淭he talents and gifts that we have right now 鈥 we have an opportunity to move this boulder. We鈥檙e prepared to fight this, because we bring different types of knowledge to this problem,鈥 Chatelain said. She added that the work Betts and Howard do and the perspectives they possess not only push people to understand the issue, but also鈥攃rucially鈥攑rod people to use their talents 鈥渋n order to upend the system.鈥