Published:
Friday, September 20, 2024
Did you know that Washington state largely abolished parole in 1984? This year marks the 40th anniversary of the enactment of the Sentencing Reform Act (SRA), a piece of legislation driven by misinformation and junk science that completely changed Washington’s approach to sentencing in the criminal legal system.
Most notably, the SRA shifted the goals of punishment for felony sentencing. Prior to its passage, one of the primary goals of sentencing was rehabilitation. This goal recognized that individuals have the capacity for growth and change, and the ability for incarcerated people to have a second look via parole consideration reflected that belief. However, with the abolition of parole and the later passage of legislation that dramatically lengthened sentences, the Washington State Legislature demoted rehabilitation as the primary goal and made retribution and incapacitation the primary goals of sentencing.
What has been the result of this shift? There has been a proliferation of life and long sentences in Washington state that have disproportionately harmed people of color, and in particular, young people of color. Instead of promoting rehabilitation and public safety, Washington’s approach to sentencing has continued cycles of trauma, violence, and incarceration. The system locked people up and threw away the key. In doing so, Washington has not just been an active participant in the proliferation of mass incarceration, it has been a leader.
Has the abolition of parole and the increase in sentence length made us any safer? No. Research from the National Research Council concluded that, “statutes mandating lengthy prison sentences cannot be justified on the basis of their effectiveness in preventing crime.”[1] In addition, the National Institute of Justice has ceded that the severity of sentences, for example lengthy mandatory sentences, do not deter crime.[2]
Most notably, a person’s age is a powerful factor in deterring crime. Research shows that most people age out of crime as their brains mature. There is a steep decline around the age of 35. Yet, because of the abolition of parole in Washington, the prison system is one of the largest providers of elder care in the state.
Does the SRA support victims? No. The National Survey of Victims’ Views found that 61% of crime victims support shorter prison sentences and more spending on prevention and rehabilitation than long prison sentences. Indeed, the survey found that victims would prefer the criminal legal system to focus more on rehabilitation than punishment by a 2 to 1 margin.[3]
Our current sentencing system clearly isn’t working for the people who have committed harm, the people who have been harmed, and for society more generally. We must establish second look mechanisms for people serving overly long, ineffective, and expensive sentences in our state and reinvest the savings into actually making our communities safe.
To make our communities safer, we need to ensure that harm does not occur in the first place. We do this by making substantial investments in our communities and ensuring everyone has access to education, a stable income, safe, affordable housing, and health care. ACLU-WA has a blog series exploring the question of “what keeps us safe” - explore more here.
Most notably, the SRA shifted the goals of punishment for felony sentencing. Prior to its passage, one of the primary goals of sentencing was rehabilitation. This goal recognized that individuals have the capacity for growth and change, and the ability for incarcerated people to have a second look via parole consideration reflected that belief. However, with the abolition of parole and the later passage of legislation that dramatically lengthened sentences, the Washington State Legislature demoted rehabilitation as the primary goal and made retribution and incapacitation the primary goals of sentencing.
What has been the result of this shift? There has been a proliferation of life and long sentences in Washington state that have disproportionately harmed people of color, and in particular, young people of color. Instead of promoting rehabilitation and public safety, Washington’s approach to sentencing has continued cycles of trauma, violence, and incarceration. The system locked people up and threw away the key. In doing so, Washington has not just been an active participant in the proliferation of mass incarceration, it has been a leader.
Has the abolition of parole and the increase in sentence length made us any safer? No. Research from the National Research Council concluded that, “statutes mandating lengthy prison sentences cannot be justified on the basis of their effectiveness in preventing crime.”[1] In addition, the National Institute of Justice has ceded that the severity of sentences, for example lengthy mandatory sentences, do not deter crime.[2]
Most notably, a person’s age is a powerful factor in deterring crime. Research shows that most people age out of crime as their brains mature. There is a steep decline around the age of 35. Yet, because of the abolition of parole in Washington, the prison system is one of the largest providers of elder care in the state.
Does the SRA support victims? No. The National Survey of Victims’ Views found that 61% of crime victims support shorter prison sentences and more spending on prevention and rehabilitation than long prison sentences. Indeed, the survey found that victims would prefer the criminal legal system to focus more on rehabilitation than punishment by a 2 to 1 margin.[3]
Our current sentencing system clearly isn’t working for the people who have committed harm, the people who have been harmed, and for society more generally. We must establish second look mechanisms for people serving overly long, ineffective, and expensive sentences in our state and reinvest the savings into actually making our communities safe.
To make our communities safer, we need to ensure that harm does not occur in the first place. We do this by making substantial investments in our communities and ensuring everyone has access to education, a stable income, safe, affordable housing, and health care. ACLU-WA has a blog series exploring the question of “what keeps us safe” - explore more here.
[1] National Research Council. The Growth of Incarceration in the United States: Exploring Causes and Consequences. Edited by Jeremy Travis, Bruce Western, and Steve Redburn. Washington, D.C.: The National Academies Press, 2014. https://doi.org/10.17226/18613, 155-6.
