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

Photo: Getty
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How a small tax rise exposed the SNP's anti-austerity talk for just that

The SNP refuse to use their extra powers to lessen austerity, says Kezia Dugdale.

"We will demand an alternative to slash and burn austerity."

With those few words, Nicola Sturgeon sought to reassure the people of England, Wales and Northern Ireland last year that the SNP were a party opposed to public spending cuts. We all remember the general election TV debates, where the First Minister built her celebrity as the leader of the anti-austerity cause.

Last week, though, she was found out. When faced with the choice between using the powers of the Scottish Parliament to invest in the future or imposing cuts to our schools, Nicola Sturgeon chose cuts. Incredible as it sounds the SNP stood shoulder to shoulder with the Tories to vote for hundreds of millions of pounds worth of cuts to schools and other vital public services, rather than asking people to pay a little bit more to invest. That's not the choice of an anti-austerity pin-up. It's a sell-out.

People living outside of Scotland may not be fully aware of the significant shift that has taken place in politics north of the border in the last week. The days of grievance and blaming someone else for decisions made in Scotland appear to be coming to an end.

The SNP's budget is currently making its way through the Scottish Parliament. It will impose hundreds of millions of pounds of cuts to local public services - including our schools. We don't know what cuts the SNP are planning for future years because they are only presenting a one year budget to get them through the election, but we know from the experts that the biggest cuts are likely to come in 2017/18 and 2018/19. For unprotected budgets like education that could mean cuts of 16 per cent.

It doesn't have to be this way, though. The Scottish Parliament has the power to stop these cuts, if only we have the political will to act. Last week I did just that.

I set out a plan, using the new powers we have today, to set a Scottish rate of income tax 1p higher than that set by George Osborne. This would raise an extra half a billion pounds, giving us the chance to stop the cuts to education and other services. Labour would protect education funding in real terms over the next five years in Scotland. Faced with the choice of asking people to pay a little bit more to invest or carrying on with the SNP's cuts, the choice was pretty simple for me - I won't support cuts to our nation’s future prosperity.

Being told by commentators across the political spectrum that my plan is bold should normally set alarm bells ringing. Bold is usually code for saying something unpopular. In reality, it's pretty simple - how can I say I am against cuts but refuse to use the powers we have to stop them?

Experts - including Professors David Bell and David Eiser of the University of Stirling; the Resolution Foundation; and IPPR Scotland - have said our plan is fair because the wealthiest few would pay the most. Trade unions have backed our proposal, because they recognise the damage hundreds of millions of pounds of cuts will do to our schools and the jobs it will cost.

Council leaders have said our plan to pay £100 cashback to low income taxpayers - including pensioners - to ensure they benefit from this plan is workable.

The silliest of all the SNP's objections is that they won't back our plan because the poorest shouldn't have to pay the price of Tory austerity. The idea that imposing hundreds of millions of pounds of spending cuts on our schools and public services won't make the poorest pay is risible. It's not just the poorest who will lose out from cuts to education. Every single family and business in Scotland would benefit from having a world class education system that gives our young the skills they need to make their way in the world.

The next time we hear Nicola Sturgeon talk up her anti-austerity credentials, people should remember how she did nothing when she had the chance to end austerity. Until now it may have been acceptable to say you are opposed to spending cuts but doing nothing to stop them. Those days are rapidly coming to a close. It makes for the most important, and most interesting, election we’ve had in Scotland.

Kezia Dugdale is leader of Scottish Labour.