The BDN Opinion section operates independently and does not set news policies or contribute to reporting or editing articles elsewhere in the newspaper or on bangordailynews.com
Christopher A. Wellborn is president of the National Association of Criminal Defense Lawyers. He wrote this for InsideSources.com.
The 1994 crime bill, a misguided policy choice rooted in fear and misinformation, has inflicted irreparable harm on communities nationwide. By prioritizing punitive measures over proven prevention strategies, this legislation has fueled mass incarceration, eroded civil liberties and exacerbated systemic inequalities, all without demonstrably improving public safety.
The architects and advocates of the 1994 crime bill, including then-Sen. Joe Biden, sold it as a “tough-on-crime” panacea, promising a safer America. Yet crime rates had already begun to decline before the bill was signed into law. The actual beneficiaries of this legislation were primarily private prison corporations and law enforcement agencies, which saw their budgets and power explode.
Rather than investing in proven solutions that really make us more secure — such as affordable housing, mental health services, addiction treatment, education, youth mentorship and diversion programs – we chose a path of punishment and control. This approach has not only failed to make us more stable and safe but has shattered families, destabilized communities and fueled economic inequality.
We all want and deserve to feel secure in our homes and communities. However, the consequences of this failed policy of overcriminalization and harsh punishment are clear. More than 5 million people are under the supervision of the criminal legal system. Nearly 2 million people, disproportionately Black and Indigenous, are living in jails and prisons instead of in their communities, a 500 percent increase since 1973.
Many individuals remain incarcerated for nonviolent offenses, including conduct related to marijuana that would not even be considered a crime in dozens of states today.
These individuals often return to communities ill-equipped to reintegrate, and are without affordable housing and an opportunity to make a living wage, thus perpetuating a cycle of crime and recidivism. Everyone deserves a second chance. Yet overcriminalization has turned minor offenses into felonies, stripping people of their voting rights and employment opportunities. Heavy-handed surveillance has invaded our privacy and fostered mistrust between law enforcement and the communities they are sworn to protect.
We need effective, evidence-based strategies that deliver proven solutions. We must acknowledge past failures and build a future based on justice, equity and compassion. This means investing in programs that benefit all by addressing the root causes of crime, such as poverty, inequality and lack of opportunity. It means reforming our criminal justice system to prioritize rehabilitation and second chances so people can return to their families and be productive community members. It means creating a society where everyone feels safe and supported, regardless of race, ethnicity or socioeconomic status.
Leading with empathy and envisioning evidence-based solutions is an approach that invites bipartisan support, whether from President Biden — who stands by his son, Hunter, through his struggles with addiction and challenges within the criminal legal system — or from former President Donald Trump, who signed the First Step Act as a measure aimed at maintaining public safety by reforming federal prisons and harsh sentencing laws to reduce recidivism, and decrease the federal prison population.
Everyone stands to benefit when our militarized law enforcement and bloated prison industry stop bleeding money away from proven and fair solutions that promote accountability while keeping us all more secure, such as affordable housing, accessible health care, living wages, diversion opportunities and addiction treatment.
All Americans want and deserve safety, accountability and justice. We can achieve these goals only by building a society where everyone has the opportunity to thrive. The 30th anniversary of the 1994 crime bill is a moment to reflect on the past and chart a new course. Let us commit to a future where we prioritize prevention over punishment, where we invest in our communities, and where everyone has the chance to live a life free from fear and government overreach.
