Issues: The Justice System

BACKGROUND

It is well-documented that the justice system — an imprecise name for prison, court, and policing systems — and economic outcomes are entwined. Research shows that the poorer your parents are, the more likely you are to be imprisoned during your life.

The reverse is also true: people who have been incarcerated are far more likely to experience poverty and often have difficulty finding work once released. Being involved in this system comes with its own financial costs, too, from bail and booking fees, to public defender costs and restitution. This “criminal justice debt” can become an endless cycle where those unable to pay are at risk of reincarceration.

WHAT ARE THE RESPONSES?

Following protests that swept the nation in spring 2020, some American communities have taken aim at defunding police departments in order to end mass incarceration and reinvest in schools, local business, and health services.

For years, community groups have worked to establish networks of support for people returning home after serving time in prison.

Multiple states and cities have eliminated or reduced cash bail systems in the last few years as a result of public pressure to decriminalize poverty and after years of communities organizing to raise bail funds for people in prison.

Similarly, overhauls of public defender systems to make them fairer for those involved in the justice system have been slow but have taken place across the country.

The solutions lens can also be used to produce powerful “instructive failure” stories that provide the audience with new insights about why a particular response did not work and the steps that could be taken to address key limitations and failures. An example is this story from the Marshall Project: Before George Floyd’s Death, Minneapolis Police Failed To Adopt Reforms, Remove Bad Officers

WHAT TO LOOK FOR:

Debates about the future of policing are taking place across the country. Reporters should ask whether policy reforms that aim to decriminalize poverty or reduce criminal justice debt affect the system as a whole — and whether reforms meet community demands. Building relationships with community groups that are already engaged in local responses can help add needed perspective to debates about systemic change.

Additionally, due to discriminatory practices, race and immigration status are compounding factors for both involvement in the justice system and experiencing poverty. This intersectionality — or, the social effects of race, gender, and class that often overlap and affect each other — should be examined in any discussion of responses.