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Issue Brief

⚖️ Criminal Justice

The U.S. has the world's highest incarceration rate. Debates center on sentencing reform, police accountability, rehabilitation programs, and the balance between public safety and civil liberties. Here are the facts.

📊 Key Facts

#1
U.S. incarceration rate globally — 2 million people incarcerated (639 per 100,000 people)
Source: Prison Policy Initiative, 2023
$80B
Annual U.S. spending on incarceration (state + federal)
Source: Vera Institute, 2022
2018
Year the First Step Act was signed — first major federal criminal justice reform in decades, reduced mandatory minimums
Source: Congress.gov, P.L. 115-391
38%
People in federal prisons serving time for drug offenses
Source: Bureau of Justice Statistics, 2023
67%
Released prisoners who are rearrested within 3 years (recidivism rate)
Source: BJS National Recidivism Study, 2018
1,096
People killed by police in the U.S. in 2023
Source: Mapping Police Violence, 2023

🏛️ Where Congress Stands

🔵 Democratic Position

  • Support ending mandatory minimum sentences for non-violent drug offenses
  • Back the George Floyd Justice in Policing Act (police accountability reform)
  • Favor abolishing or reforming qualified immunity for law enforcement
  • Support investing in mental health and social services as alternatives to incarceration
  • Favor federal marijuana decriminalization or legalization

🔴 Republican Position

  • Support law enforcement funding and oppose defund-the-police proposals
  • Some back sentencing reform (First Step Act had bipartisan support)
  • Generally oppose weakening qualified immunity for officers
  • Emphasize public safety, deterrence, and tougher enforcement for violent crime
  • Some support prison rehabilitation and workforce reentry programs

🗳️ Recent Congressional Votes

Bill / VoteYearDem Yes %Rep Yes %Outcome
First Step Act (S. 756)
Reduced mandatory minimums, expanded early release programs, prison reform
2018 100% 87% ✅ Signed into law
George Floyd Justice in Policing Act (H.R. 1280)
Ban chokeholds, end qualified immunity, require body cameras federally
2021 100% 7% ❌ Passed House, died Senate
MORE Act — Marijuana Opportunity Reinvestment and Expungement (H.R. 3617)
Decriminalize marijuana federally, expunge records
2022 97% 7% ❌ Passed House, died Senate
Second Chance Act Reauthorization (H.R. 2702)
Fund reentry programs for formerly incarcerated individuals
2022 100% 90% ✅ Signed into law