Why is the American right closing prisons?

In the US the tide on criminal justice reform has started to turn as conservatives recognise the huge inefficiency of the prison system. Could the same happen here?

Characteristically liberal policies that would be dismissed out of hand by right-wing commentators in Britain, such as keeping non-violent offenders out of prison and investing in rehabilitation in the community, are all the rage on the US right right now.

The Republican Governor of Texas has scrapped plans to build three new prisons, saving $2bn. This money has instead been reinvested in treating offenders with mental health and addiction problems. The state has reduced its prison population by 6,000, while keeping crime at historic lows.

The Republican Governor of Georgia has signed legislation that will reduce the number of low-level drug possession offenders in prison and expand the use of drug courts, which help treat addicts and hold offenders to account in the community.

And the Republican Governor of Pennsylvania has signed a law directing low level non-violent offenders into community supervision, which is set to save the state $250m over five years. Similar reforms have been adopted by Arkansas, Kentucky, Michigan, Missouri, New York, North and South Carolina, Oklahoma and South Dakota.

So, why are Republicans across the US pursuing what on the face of it are liberal policies on crime and punishment? The first reason is that many on the anti-state libertarian right look in horror at the amount of money being spent on the prison system. The US prison population has risen at a phenomenal rate, from 338,000 in 1970 to 2.3m today. In 2012, the states spent $54bn on prisons. In state budgets, one out of every $14 went to corrections, which employed one of every eight state workers. As budgets have tightened, other important functions of government have been squeezed to pay for this.

At the same time, many US conservatives have come to recognise that prison is ineffective at rehabilitating offenders. Half of prisoners released are expected to be back in prison within three years. Many Christian conservatives have come to see prison as a particularly poor method of achieving redemption for crimes committed.

So, what can we take from this for our own debate on criminal justice reform? The US debate clearly needs to be understood in context - the US is not Britain. For example, evangelical Christians and low tax libertarians play a much stronger role in the Republican party than they do in the Conservative party in this country. Also, the US prison population and levels of overall expenditure on it dwarf those in Britain.

Nevertheless, the shift in the US debate provides some useful lessons for those of us who wish to see a smarter debate about crime and punishment in this country. It shows that there are good conservative grounds for being sceptical about the use of prisons, some of which are reflected in the work here carried out by the right-leaning Centre for Social Justice, and indeed in some of the reforms introduced by the coalition. This opens the way for an alliance between conservatives and the liberal centre left on criminal justice reform.

It also shows how important it is on the question of crime to use conservative language even when pursuing progressive ends. Majority opinion on crime in Britain is essentially communitarian rather than liberal: people want to see breaches of widely shared social norms properly punished and are unsympathetic when it comes to issues such as conditions in prison.

However, people can also see that it is a colossal waste of public money to send tens of thousands of low level offenders into prison only to see them come out and reoffend. They want to see prisoners work hard in prison, rather than sitting around in their cells all day which is what most do at present. This means an emphasis on productive work and education, which liberal prison reformers have been advocating for years.

For years British politicians have looked across the pond for ideas on how they could be ever more 'tough on crime', which has fed into our escalating prison population. In the US the tide on criminal justice reform has now started to turn. Is it too optimistic to hope that, on this issue, where it leads Britain might follow?

California's Department of Corrections officer looks on as inmates at Chino State Prison exercise in the yard. Photograph: Getty Images.

Rick Muir is director of the Police Foundation

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Our union backed Brexit, but that doesn't mean scrapping freedom of movement

We can only improve the lives of our members, like those planning stike action at McDonalds, through solidarity.

The campaign to defend and extend free movement – highlighted by the launch of the Labour Campaign for Free Movement this month – is being seen in some circles as a back door strategy to re-run the EU referendum. If that was truly the case, then I don't think Unions like mine (the BFAWU) would be involved, especially as we campaigned to leave the EU ourselves.

In stark contrast to the rhetoric used by many sections of the Leave campaign, our argument wasn’t driven by fear and paranoia about migrant workers. A good number of the BFAWU’s membership is made up of workers not just from the EU, but from all corners of the world. They make a positive contribution to the industry that we represent. These people make a far larger and important contribution to our society and our communities than the wealthy Brexiteers, who sought to do nothing other than de-humanise them, cheered along by a rabid, right-wing press. 

Those who are calling for end to freedom of movement fail to realise that it’s people, rather than land and borders that makes the world we live in. Division works only in the interest of those that want to hold power, control, influence and wealth. Unfortunately, despite a rich history in terms of where division leads us, a good chunk of the UK population still falls for it. We believe that those who live and work here or in other countries should have their skills recognised and enjoy the same rights as those born in that country, including the democratic right to vote. 

Workers born outside of the UK contribute more than £328 million to the UK economy every day. Our NHS depends on their labour in order to keep it running; the leisure and hospitality industries depend on them in order to function; the food industry (including farming to a degree) is often propped up by their work.

The real architects of our misery and hardship reside in Westminster. It is they who introduced legislation designed to allow bosses to act with impunity and pay poverty wages. The only way we can really improve our lives is not as some would have you believe, by blaming other poor workers from other countries, it is through standing together in solidarity. By organising and combining that we become stronger as our fabulous members are showing through their decision to ballot for strike action in McDonalds.

Our members in McDonalds are both born in the UK and outside the UK, and where the bosses have separated groups of workers by pitting certain nationalities against each other, the workers organised have stood together and fought to win change for all, even organising themed social events to welcome each other in the face of the bosses ‘attempts to create divisions in the workplace.

Our union has held the long term view that we should have a planned economy with an ability to own and control the means of production. Our members saw the EU as a gravy train, working in the interests of wealthy elites and industrial scale tax avoidance. They felt that leaving the EU would give the UK the best opportunity to renationalise our key industries and begin a programme of manufacturing on a scale that would allow us to be self-sufficient and independent while enjoying solid trading relationships with other countries. Obviously, a key component in terms of facilitating this is continued freedom of movement.

Many of our members come from communities that voted to leave the EU. They are a reflection of real life that the movers and shakers in both the Leave and Remain campaigns took for granted. We weren’t surprised by the outcome of the EU referendum; after decades of politicians heaping blame on the EU for everything from the shape of fruit to personal hardship, what else could we possibly expect? However, we cannot allow migrant labour to remain as a political football to give succour to the prejudices of the uninformed. Given the same rights and freedoms as UK citizens, foreign workers have the ability to ensure that the UK actually makes a success of Brexit, one that benefits the many, rather than the few.

Ian Hodon is President of the Bakers and Allied Food Workers Union and founding signatory of the Labour Campaign for Free Movement.