What reforms are being considered to address race-based incarceration disparities in the USA?

Reforms being considered to address race-based incarceration disparities in the USA include sentencing reform, police reform, and decriminalisation of certain offences.

Sentencing reform is a key area of focus. The aim is to reduce the severity of sentences for non-violent crimes, which disproportionately affect racial minorities. For instance, the First Step Act, signed into law in 2018, aims to reduce mandatory minimum sentences for certain non-violent offences and provides judges with more discretion in sentencing. This law also retroactively applies the Fair Sentencing Act of 2010, which reduced the disparity between sentences for crack and powder cocaine offences, a disparity that disproportionately affected African Americans.

Police reform is another crucial area. This includes measures to increase accountability and transparency, such as the use of body cameras and independent investigations into police misconduct. There is also a push for more community policing, which involves building relationships between police officers and community members, and for more diversity in police forces. The George Floyd Justice in Policing Act, passed by the House of Representatives in 2020, includes many of these measures.

Decriminalisation of certain offences is also being considered. This includes the decriminalisation of drug use and possession, which disproportionately affects racial minorities. Some states, such as Oregon, have already taken steps in this direction. There is also a push to end the practice of cash bail, which can lead to people being incarcerated simply because they cannot afford to pay bail. The Bail Reform Act, introduced in the Senate in 2021, aims to eliminate cash bail at the federal level.

Finally, there is a growing recognition of the need for broader social and economic reforms to address the root causes of racial disparities in incarceration. This includes measures to reduce poverty and improve education and employment opportunities for racial minorities. The American Rescue Plan Act, signed into law in 2021, includes funding for these types of initiatives.