Five Things Wrapped: Top Themes and Stories of 2023
"[T]he thought of adding, in one fell swoop, 3,000 or so people back into the population when we're already struggling to adequately staff and keep people safe just doesn't make sense..."
This year proved to be a rollercoaster year for advocates concerned with preserving CARES Act home confinement, and the thousands who have been safely living in their communities since they were released during the pandemic. Following a major spring win with a final rule from the DOJ allowing those placed in the program during the COVID pandemic to serve the remainder of their sentences on home confinement, Sen. Marsha Blackburn recently introduced a Senate resolution that threatens to send them all back to prison despite the program's overwhelming levels of success, and quickly approached the required 30 Senate co-sponsors to bring the effort straight to the floor.
After a month of intense advocacy on against her resolution, including by both the Niskanen Center and R Street’s Sarah Anderson, the White House threatened to veto the resolution if Congress manages to send it to President Biden’s desk. The strongly worded memo wasn’t enough to end the fight, however, and it will continue into the new year.
Access to public defense is at a crisis point in many areas; plea bargains distort access to justice.
Public defenders are a critical component of a fair and effective American justice system, but chronic underinvestment and a shortage of defenders in many jurisdictions around the country—especially in rural areas—took top billing in many criminal justice editorial line-ups this year. The shortage of defenders compromises not just their ability to do their jobs well, but also the availability of legal representation for indigent defendants at all. Stories popped up throughout the year highlighting "legal deserts" in places like Colorado, Oregon, and Mississippi, and show that in many states and jurisdictions, lack of access to counsel is at a crisis point. On a similar note, the American Bar Association released an important report this year, highlighted in this piece, that presented similarly alarming findings on the prevalence and use of plea bargains and how their overuse distorts the delivery of justice.
Abuse in federal prisons comes to light following numerous lawsuits, calls for oversight.
In March, Ron Berman met with FBI agents and federal prosecutors in one of his latest efforts to obtain justice for his daughter, who was sexually assaulted by correction officers while incarcerated. His fight, and the fight of other inmates who suffered at the hands of abusive guards was covered in stomach-churning detail by C.J. Ciaramella at Reason Magazine and became a lightning rod around the fight for transparency and accountability in prisons, where reports ranging from sexual violence to deadly neglect came to light month after month, some of which resulted in intervention from federal officials.
"The crime trend nationally is incredibly positive — unless you own a Kia or Hyundai."
This year featured plenty of news stories on crime, and polling has continuously shown that most Americans believe that crime is on the rise across the country. However, now that we’re near the end of 2023, data now points to sizable declines this year, even with a couple of cities as outliers. Quarterly data from the FBI in particular suggests 2023 featured one of the lowest rates of violent crime in the United States in more than 50 years, with murder plummeting at likely at one of the fastest rates of decline ever recorded. However, unlike other crimes, motor vehicle theft is up ten percent compared to last year.
Similarly, numerous stories were published this year focused on the rise in organized retail theft. However, we end the year with a recent retraction from the National Retail Federation’s earlier claim that nearly half of the $94.5 billion in missing merchandise in 2021 was due to organized theft. Experts say that organized crime accounted for closer to five percent of missing merchandise that year.
Governor Ron DeSantis attacked the federal First Step Act as a “jailbreak bill,” but quickly backtracked.
Earlier this year, Florida Governor and Republican Presidential Candidate, Ron DeSantis, publicly attacked the federal First Step Act (FSA)—criminal justice reform legislation signed into law by President Trump—and said one of his first acts as President, if elected, were to repeal the law. Advocates mobilized quickly and in breathtaking force to beat back a narrative that they worried would put a damper on justice advancement for the rest of the cycle. The result? DeSantis’ jailbreak comments barely got traction in the media, and his campaign shied away from further comments throughout the rest of the year. By mid-year a new analysis from the Council on Criminal Justice revealed those released from federal prisons as a result of the federal First Step Act were significantly less likely to recidivate than the general population.