ACLU Smart Justice

Reducing the prison population won’t end racial disparities in prison on its own. It is critically important to address the practices of police, prosecutors, and judges that contribute to racial disparities. Any solution to this problem will require explicit racial justice strategies. Examples include:

• Ending over-policing in communities of color
• Evaluating prosecutors’ charging and plea-bargaining practices to eliminate bias
• Increasing the use of alternatives to incarceration
• Reducing the use of pretrial detention
• Requiring racial impact statements before any new criminal law is passed
• Fighting discriminatory gang sentencing enhancements that disproportionately target people of color
• Addressing any potential racial bias in risk assessment instruments used to assist decision making in the criminal justice system
• Shifting funding from law enforcement and corrections to community organizations, job creation, schools, drug and mental health treatment, and other social service providers