I wish I could convince everyone that prison sentences in America are, across the board, way too long. All of them. Even the ones for crimes you personally think are unusually heinous. The nickel version of the argument goes like this:
- Since the early '80s we've basically doubled sentences and doubled them again.
- That was an overreaction, though to a genuine crime wave. The first doubling was arguably justified. The second wasn't.
- Extremely long sentences barely affect crime at all, especially the very longest sentences. They have virtually no additional deterrent effect, and since people age out of crime it does almost no good to keep them in prison past their mid-30s. However, long sentences do ruin lives and cost taxpayers a lot of money.
- Both common sense and common decency point the same way: pretty much every prison sentence in America should be cut in half or close to it.
Many liberals are open to this argument except when it's for something they especially disapprove of. But that's wrong. If you believe that we over-punish, then we should stop doing it. For everyone.
Take the kerfuffle over Joe Biden's mass commutation of sentences for prisoners who were released to home confinement during COVID and have had clean records ever since. It so happens that one of the commutations ended up going to Michael Conahan, the notorious "kids for cash" judge in Pennsylvania who sent thousands of teens to a for-profit prison in return for kickbacks. After being caught he was sentenced to 17 years in prison. He had served 14 of those years when the balance of his sentence was commuted.
17 years! The fact that this probably didn't shock you shows just how inured we've become to ever more absurd sentencing. That's a massive sentence, even for a monstrous crime—and so is 14 years. It never should have been more than ten years at most in the first place, especially for someone who pled guilty and showed honest remorse.
But everyone is shocked not at the original sentence but at the fact that it got cut from enormously too long to merely way too long. We shouldn't be. Save your shock for the fact that Biden's commutations affected only 1,500 prisoners rather than the 90% of the prison population they should have.