Criminal Justice Reform Can Lower Recidivism and Boost Workforce Participation

It’s a win-win.

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Ian Black, a former convict, installs a residential garage door as a technician for Pioneer Overhead Doors on Monday, October 9, 2017, in Las Vegas. (Photo by Jahi Chikwendiu/Washington Post/Getty Images.)

Dear Capitolisters,

One of the United States’ more puzzling and pressing labor force conundrums is the decline in labor force participation among working age adults, especially men. While some—perhaps even much—of this non-participation is benign (attributable to people in school or staying home with kids, for example), a good chunk of it raises real concerns, owed to things like drugs, video games, and welfare programs (especially disability). But a recent CBS news piece hits at another, lesser-covered reason for why many American adults don’t work: They have a criminal record.

Since I covered this issue in my new Cato book and am traveling this week, today’s newsletter will be a lightly edited version of that chapter. Enjoy.

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Comments (36)
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  1. Hdyersmith

    Excellent article with many strong arguments.

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  2. Kashmus

    Please unlock—I want to share!

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  3. Lharoldsen

    There is a program in Salt Lake City Utah called the “other side academy”. It’s based on a program in San Francisco called Delancey Street. It has been very effective in training and rehabilitating a lot of convicts. It is privately run and funded. They started out buying a house and cleaning it up and running a moving company. On the truck, it says, “ you save money, and we save lives”. Check it out.

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  4. Francislyo

    Persuasive, great points.

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  5. Becpt78

    Thanks. Those are great points.

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  6. Stevenreedcurtis

    Thanks. I also believe that in some circumstances, our system is unjust and unduly harsh.

    An 18 year old commits a felony, and his life can be ruined

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  7. Debra Madrigal

    I appreciated your perspective on this subject.
    As a person who formerly thought of people prosecuted for crimes as criminals for life, I also believe people are coerced into confessions, are convicted for crimes such as Marijuana, and are sentenced to jail due to racial discrimination.
    Ban the Box is a good idea and expungement is a logical and effective method to prevent people from serving a lifetime of payment for something non-violent and passé.
    The criminal justice system is not fair to all. As we have seen, in recent times, people are tried, convicted and sentenced on our streets while living while black.
    My hope for our country and people is that we can straighten out this horrible unjust system, allow people to reintegrate into society and be productive because we all bring something to society as a whole.
    Thank you for a logical and thought provoking excerpt.

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  8. Avatar photo
    William Skiba

    "Acquittals are essentially a sign of innocence"
    Certainly, employers are aware of the difference between 'innocent' and 'not guilty' and should be free to select employees based on behavior history. If I were an employer, I'd prefer, all other things being equal, to hire a person who was never in a position to even get arrested over one who has been arrested and acquitted.
    Conducting your life in a manner that increases the chance of being arrested has certain consequences.
    And, it would be helpful to have insight into the degree, if any, of employment motiviation differences between arrested/convicted individuals and those who have never been arrested/convicted (cause vs. effect and all that...)

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    1. Avatar photo
      BV

      I dunno....if we truly criminalized DUI as much as we (at least previously) criminalized marijuana possession there'd be a heck of a lot more of currently gainfully employed people with conviction and arrest records. I mean how often do you see cops standing outside of swanky golf clubs and bars to grab someone who gets behind the wheel after having a few. Yet there were plenty of arrests of kids on corners with small amounts of maryjane in bad neighborhoods. Crime is often found where you choose to look for it.

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      John N.

      "Conducting your life in a manner that increases the chance of being arrested has certain consequences."

      Wow.

      The way cops are acting, in the United States? The likelihood of an arrest can too often mean some person pissed off a cop. Or drove in the wrong neighborhood while black.

      I'm reminded of the poor fool in the western burbs of Chicago who was persuaded by cops to confessing to the brutal rape and murder of his own daughter.

      Turns out it was definitely a coerced confession, and DNA evidence proved someone else did it.

      Yeah, with the powers and abilities cops have nowadays I'd tend to err on the side of believing in the innocence of acquitted people.

      If someone is arrested and acquitted, the arrest should be permanently expunged.

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  9. Ejtarbox

    I participated in a Legal Aid license reinstatement clinic in Ohio. BMV and the Municipal Court Clerk participated and made it run smoothly. Depending on income, a client could have all points removed and the license reinstated for free or a reduced amount. The worst was when a person ( probably uninsured) was in a property accident they had to sign a promissory note first. In effect, making BMV a collection agency for insurance companies and trial attorneys

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  10. Detroitman

    Not to dispute your expertise, but do you have a source for the statistic that more than 30% of adults have been arrested for a crime? That sounds excessively higher than I would have thought, but maybe I'm just being naive.

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    1. Avatar photo
      TheMatMan

      Seemed high to me also, but apparently almost 1/12 of adults have a felony conviction. That's an eye opening statistic. Then I think if people I've known in life. One pled guilty to brandishing because he grabbed a pistol on his way to tell multiple men to stop tearing up his property and to leave.

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