Legislative penalty changes contributed only modestly to the prison population run-up.

Several observations (in this post) suggest that the role of legislative enactments in the state prison population increase was limited. Non-legislative factors that could explain the rise include, of course, the stunning rise in crime itself and discretionary responses to that rise by communities, law enforcement and the courts. However, parole board release decisions do not seem to be a likely factor.

The Massachusetts Legislature regularly enacts criminal penalty increases.

Legislators respond with the tools that they have to public concerns and to troubling events. One can see, in the list of major criminal law enactments in this post, the history of punitive responses to recurring waves of legitimate public concern about drunk driving, drugs, guns, domestic violence, youth violence, sex offenses and crimes against the elderly.

Rethinking tough-on-crime

CommonWealth Magazine’s summer 2015 cover story on criminal justice policy reform by executive editor Michael Jonas, focuses in on the debate over repealing mandatory minimum sentences, which is one aspect of Senator Brownsberger’s legislative priority to reduce the footprint of the criminal justice system and to help make it easier for people to get back on their feet. As reported in the piece, “Sen. Will Brownsberger, who co-chairs the Legislature’s Joint Committee on the Judiciary, thinks the state should pull back the entire “footprint” of the criminal justice system, not only the length of many prison sentences but also various sanctions and fees that hit people once they’re out of prison. Rather than help ease offenders back toward productive pursuits, Brownsberger says, these often seem more like tripwires setting ex-prisoners up to fail.”