‘This idea of total incarceration just isn’t working.’—Justice Anthony Kennedy

Justice Kennedy and Justice Breyer speak out against a broken system.

I agree! Incarceration is expensive. Recidivism rates are higher following incarceration because those offenders can no longer get jobs. They didn’t get “help” in prison. They are left without sufficient resources following long periods of incarceration. 

Instead, recidivism is lower following probation programs. Probation is cheaper. Probation and diversion programs build lives rather than tear them down. 

While usually siding with law enforcement, Justice Kennedy points out, “The corrections system is one of the most overlooked, misunderstood institutions, functions, that we have in our entire government.” 

Finally, we have respected judiciary calling for reform and thought. Mandatory minimums don’t make sense. Supervision leads to better return to society. Let’s look at other models for improvement of our broken system. 

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