Skip to content
Search

Latest Stories

Follow Us:
Top Stories

America is guilty of over-incarceration

Person's hands holding prison bars
Victor de Schwanberg/Science Photo Library/Getty Images

Cooper is the author of “ How America Works … and Why it Doesn’t. ”

A huge number of Americans — disproportionately those from underprivileged backgrounds — are trapped in a senseless system of mass incarceration. According to New York University’s Brennan Center for Justice, “The United States has less than five per cent of the world’s population and nearly one-quarter of its prisoners. Astonishingly, if the 2.3 million incarcerated Americans were a state, it would be more populous than 16 other states. All told, one in three people in the United States has some type of criminal record. No other industrialized country comes close.”

But America doesn’t just imprison too many people. While incarcerated, people are often subject to terrible conditions. Long-time political prisoner Nelson Mandela once said, “No one truly knows a nation until one has been inside its jails. A nation should not be judged by how it treats its highest citizens, but its lowest ones.”


America’s performance under this standard is abysmal. Our jails are consistently overcrowded and lacking proper oversight. The Department of Justice, for example, recently detailed conditions in Alabama’s state-run prisons.

“The violations are severe, systemic, and exacerbated by serious deficiencies in staffing and supervision,” the Department of Justice explained. There was “a high level of violence that is too common, cruel, of an unusual nature, and pervasive.”

The costs of this system, moreover, are significant. As the Brennan Center explained, “Mass incarceration has crushing consequences: racial, social, and economic. We spend around $270 billion per year on our criminal justice system. In California it costs more than $75,000 per year to house each prisoner — more than it would cost to send them to Harvard.” And, the Brennan Center continued, the socio-economic impact is pernicious: “Mass incarceration exacerbates poverty and inequality, serving as an economic ball and chain that holds back millions, making it harder to find a job, access public benefits, and reintegrate into the community.”

Worse still, many with criminal records can’t vote. This prevents truly free and fair elections and undermines reform initiatives in Washington and state capitals. A constituency that can’t vote is, of course, unlikely to achieve meaningful reform.

Mass incarceration has several underlying causes. Mandatory minimum sentences require judges to sentence defendants convicted of certain crimes to often excessive sentences. In her book “ The New Jim Crow: Mass Incarceration in the Age of Colorblindness,” Michelle Alexander describes the resulting injustice: “All of us violate the law at some point in our lives. In fact, if the worst thing you have ever done is speed ten miles over the speed limit on the freeway, you have put yourself and others at more risk of harm than someone smoking marijuana in the privacy of his or her living room. Yet there are people in the United States serving life sentences for first-time drug offenses, something virtually unheard of anywhere else in the world.”

Legal representation for underprivileged defendants, moreover, is often subpar. Poor defendants are typically saddled with overburdened and incompetent attorneys. And the court system often produces unfair results. Judges can be overworked. Prosecutors often have large budgets, broad discretion to pursue charges and legal immunity for bad acts. And juries often render erroneous verdicts.

A functioning society does, of course, need a robust criminal justice system. Enforcing laws fairly deters criminal behavior. And many guilty people deserve punishment. But the degree of over-incarceration in America is an unforgivable failure of both policy and conscience.


Read More

Donald Trump

President Donald Trump speaks before signing the Secure America Act in the Oval Office of the White House on June 10, 2026 in Washington, DC.

(Photo by Alex Wong/Getty Images)

Federal Court Blocks Trump’s ‘Loyalty Question’ on Civil Service Job Applications

A court’s decision to block the Trump administration from including a “loyalty question” on federal job applications was a win not only for the nonpartisan civil service, but also for the communities public employees serve, said one labor leader whose union was among the plaintiffs in the case against the Office of Personnel Management.

Patrick Moran, president of the American Federation of State, County, and Municipal Employees (AFSCME) union, said Friday that the loyalty questions the OPM placed on job applications for public servants were a “blatantly illegal attempt to hire partisan cronies who would endanger our communities by putting politics before people, rather than dedicated, qualified public service workers.”

Keep ReadingShow less
​U.S. standard certificate of live birth application form next to flag of USA.

U.S. standard certificate of live birth application form next to flag of USA.

Getty Images

Birthright Citizenship Explained: History, SCOTUS Rulings & Executive Orders

Birthright citizenship has been part of American law for more than 150 years. As the American public continues to see challenges against its constitutionality, brought on by the Trump administration, it is important to remember why.

After the Civil War, Congress adopted the 14th Amendment in 1868 to overturn Dred Scott v. Sandford (1857), which had denied citizenship to Black Americans, dampening their federal protections. While the 13th amendment had abolished slavery a few years earlier, Free Black Americans were considered noncitizens by many, and thus had to work around a separate set of laws, meaning they could never be fully integrated as members of American society. In response to this issue, the 14th Amendment declares that all persons born or naturalized in the United States, and subject to its jurisdiction, are citizens of the United States.

Keep ReadingShow less
Scales of justice
a golden scale with an eagle on top of it

A Real Test for “Lawfare” Must Protect Allies and Enemies Alike

“Lawfare” is becoming a word that ends arguments instead of clarifying them. When Donald Trump or his allies are prosecuted, many on the right call the case political. When the Trump administration investigates critics, many on the left call it retaliation or “score-settling.” Sometimes those accusations are justified. Sometimes they are partisan reflexes. A label that changes with the identity of the defendant is not a rule of law.

The hard cases are not the ones with a public order to punish an enemy. They are cases with mixed facts: a real investigative predicate, a politically active target, disputed timing, later changes in treatment, and no contemporaneous record the public can inspect. Those cases require something better than “trust the prosecutors” or “trust the accused.” They require an auditable standard.

Keep ReadingShow less
Mail-in ballots sitting in trays.

Mail-in ballots sit in trays before being sorted at the Santa Clara County Registrar of Voters office in San Jose, California, on Oct. 13, 2020.

Justin Sullivan/Getty Images

U.S. Postal Service Failed to Properly Handle Some Ballots During This Year’s Primary Elections, Audit Finds

Some U.S. Postal Service facilities failed to properly handle ballots during this year’s primary elections, according to a new audit from the agency’s Office of Inspector General. Election experts say the findings call into question the agency’s ability to meet even greater demands for the November election that are under consideration by the U.S. Supreme Court.

The audit, which is dated Sept. 4 but has not been previously reported, found a lack of training for post office staff on how to properly and expeditiously handle mail ballots, deficiencies in how ballots were tracked and errors leading to delays, all of which risked ballots having incorrect postmarks or otherwise arriving late to election officials, which could lead to their rejection.

Keep ReadingShow less