Continuing Principled Sentencing Reform and Winding Back Mass Incarceration Against the Backdrop of America’s Surge in Violent Crime

Authors

• Mirko Bagaric
• Jennifer Svilar
• Brienna Bagaric

Abstract

Five decades of an unremitting tough on crime policy resulted in the United States having the highest incarceration rate on earth. This approach was in the process of being systematically wound back in recent years. The mood for criminal justice reform was highlighted by the receptiveness of many people to what on their face seemed to be radical proposals, such as defunding the police and abolishing prisons. This resulted in a significant decline in the incarceration levels. The momentum towards proportionate and principled sentencing has stalled as a result of the massive increase in violent crime in the United States in the past two years. Calls to defund the police have been drowned out by calls to refund the police and impose harsher criminal penalties. This Article identifies the contours of an evidence-based sentencing system and proposes reforms that are achievable despite the heightened community concern about the increasing crime rate. The reforms will address entrenched discrimination in the sentencing system and include introducing the proportionate sanction, utilizing technology that accurately predicts recidivism, and implementing societal reforms (such as enhancing educational outcomes) that address the root cause of crime.

Recommended Citation

Mirko Bagaric, Jennifer Svilar & Brienna Bagaric, Continuing Principled Sentencing Reform and Winding Back Mass Incarceration Against the Backdrop of America’s Surge in Violent Crime, 23 Nev. L.J. 411 (2023).
Available at: https://scholars.law.unlv.edu/nlj/vol23/iss2/5