Black Agenda Report
Black Agenda Report
News, commentary and analysis from the black left.

  • Home
  • Africa
  • African America
  • Education
  • Environment
  • International
  • Media and Culture
  • Political Economy
  • Radio
  • US Politics
  • War and Empire
  • omnibus

These States Are Once Again Embracing ‘Tough-on-Crime’ Laws
Jamiles Lartey
19 Mar 2024
Louisiana Gov. Jeff Landry
Louisiana Gov. Jeff Landry, shown on Jan. 15, 2024, signed eight bills on crime passed during a special legislative session last month. POOL PHOTO BY MICHAEL JOHNSON

Louisiana is one of several states passing punitive measures in response to fears stoked by orchestrated crime panics.

Originally published in The Marshall Project.

For decades, Louisiana had the nation’s highest rate of incarceration. And — given that the U.S. is among the most carceral countries on the planet — the state arguably spent some 20 years as the “prison capital” of the world.

Louisiana lost that distinction, by a hair, after a series of 2017 reforms successfully shrank the prison population by a third. (In recent years, it has jockeyed back and forth with a few states for the title.)

But “prison capital of the world” is a sobriquet the state is likely to regain after state legislators sent a suite of punitive changes to Gov. Jeff Landry’s desk this week. The new laws would end the possibility of parole for most new convictions and increase how much of a sentence a person must serve before being released for good behavior, from 35% of the sentence to 85%. The changes also do away with some of the tools local prosecutors had for undoing wrongful convictions, which are more common in Louisiana than in the rest of the U.S.

Criminal justice reform advocates have pushed back on the legislation, arguing that people released on parole are less likely to commit new crimes than those who serve full prison terms. In 2023, fewer than 400 people, or about 1% of the state’s prisoners, were granted parole. There’s also evidence that getting rid of parole, alongside time reductions for good behavior behind bars, makes prisons more dangerous by removing the incentives for people to pursue rehabilitative programming and avoid disciplinary violations.

Another new Louisiana law mandates that 17-year-olds accused of crimes be charged as adults, rather than in the juvenile justice system, reversing a 2017 reform that did the opposite. Proponents of the change say that the state’s youth jails became more volatile with the introduction of 17-year-olds. Critics note that the state already has mechanisms for transferring 17-year-olds accused of serious crimes into the adult system, so the change will mostly serve to criminalize teens charged with petty crimes.

The package of laws included other components that may not directly increase the prison population, but are designed to signal a “tough” approach to crime. This includes authorizing electrocution and nitrogen gas as execution methods, and making public the criminal records of minors accused of certain crimes. In total, the new suite of laws likely makes Louisiana the most punitive justice system in the nation, with harsher penalties than it had even before the bipartisan reforms passed in 2017. The new changes likely will bring a substantial cost to taxpayers.

Louisiana is not alone. Across the country, state legislatures are rapidly advancing punitive bills and rolling back criminal justice reforms, largely in response to fears about crime. In Georgia, Senate Bill 63 — which has passed the state Senate and House — would add 30 charges to the list of crimes that require judges to impose cash bail to release a person from jail pretrial. That list includes many minor and nonviolent crimes like shoplifting and forgery, if they’re not a first offense. The bill would effectively ban charitable bail funds in the state, in what some have interpreted as a direct attack on the “Stop Cop City” protest movement, which has relied on bail funds to get arrested activists out of jail.

In Kentucky, a similar measure to restrict charitable bail funds passed in the state House and is pending in the Senate. It’s part of a broader package that would also stiffen penalties for the sale of fentanyl and some gun crimes, and impose a life sentence without parole on anyone convicted of a violent offense for a third time. The bill would also create a new law against “unlawful camping,” an effort aimed at policing unhoused people.

Both Kentucky and Georgia have experienced serious issues with overcrowding and understaffing in jails and prisons in recent years, problems that the pending laws are likely to make worse.

This week the Washington, D.C., city council also passed a “massive” crime bill that, similarly, “puts the liberal city ​​on a track toward harsher punishments for a range of crimes from illegal gun possession to retail theft,” according to The Washington Post. The new criminal code, which has increasingly become a political football in the nation’s capital, has to be approved by Congress to take permanent effect.

While they vary dramatically in scope and approach, punitive legislative efforts are also underway in Oregon, Tennessee, Vermont and elsewhere. As in Louisiana, many of these legislative efforts aim to undo reforms passed in recent years.

Aswad Thomas, the National Director for Crime Survivors for Safety and Justice, told me this week that some of these efforts come as states cut resources “for victims to access healing and recovery services” and invest more in policing and incarceration. “That’s going to have a ripple effect on domestic violence victims, sexual assault victims, and victims of gun violence,” Thomas said.

For example, in Louisiana, the governor’s proposed budget — unveiled at the same time as the special session about crime — cuts $7 million in funding for domestic violence shelters in a state where more than half of all murdered women are killed by an intimate partner. “Every single person we are serving is a victim of crime,” the director of one shelter told the Louisiana Illuminator.

Jamiles Lartey is a New Orleans-based staff writer for The Marshall Project. Previously, he worked as a reporter for the Guardian covering issues of criminal justice, race and policing. Jamiles was a member of the team behind the award-winning online database “The Counted,” tracking police violence in 2015 and 2016. In 2016, he was named “Michael J. Feeney Emerging Journalist of the Year” by the National Association of Black Journalists.

Crime
mass incarceration

Do you need and appreciate Black Agenda Report articles. Please click on the DONATE icon, and help us out, if you can.


Related Stories

Jon Jeter
I Beg Your Pardon! People of Color Say Hunter Biden’s Clemency Represents White Privilege in Overdrive
04 December 2024
Joe Biden's pardon of his son, Hunter Biden, is viewed as hypocritical to people of color, yet given their experiences is unsurprising.
Close Rikers
Stacy M. Brown
Latest Stats Show America’s Continued Love Affair with Mass Incarceration
18 October 2023
The United States still has the dubious distinction of having more people behind bars than any other country.
Politicians Make Black People the Face of Crime
Margaret Kimberley, BAR Executive Editor and Senior Columnist
Politicians Make Black People the Face of Crime
02 November 2022
Manufactured crime panics are still a successful method of getting votes from white people.
Prison in Plain Sight: Visualizing the Economic Veins That Fuel Our Carceral Reality
The Mapping Project
Prison in Plain Sight: Visualizing the Economic Veins That Fuel Our Carceral Reality
13 July 2022
The prison system links corporate interests, the military industrial complex, and policing into a web of oppression impacting more than 2 milli
The Black Misleadership Class Attempts to Obfuscate their Carceral State Correlation with the Bogeyman of “white wokeness"
Anthony Karefa Rogers-Wright
The Black Misleadership Class Attempts to Obfuscate their Carceral State Correlation with the Bogeyman of “white wokeness"
14 December 2021
At a time that we need more justice and access to democracy, the Black Misleadership Class is fighting for more prisons and tawdry police refor
The American Prison System’s War on Reading
Alex Skopic
The American Prison System’s War on Reading
07 December 2021
Incarcerated people are banned from reading books with themes of Black liberation or leftist content.
Florida leads the nation in felony disenfranchisement
Olivia Paschal
The Latest Challenges to the South's Felony Disenfranchisement Laws
08 August 2017

More Stories


  • Margaret Kimberley, BAR Executive Editor and Senior Columnist
    Ryan Coogler, Shedeur Sanders, Karmelo Anthony, and Rodney Hinton, Jr
    07 May 2025
    Black people who are among the rich and famous garner praise and love, and so do those who are in distress. But concerns for the masses of people and their struggles are often missing.
  • Editors, The Black Agenda Review
    LETTER: Thank you, Mr. Howe, Ama Ata Aidoo, 1967
    07 May 2025
    Ama Ata Aidoo lands a knock-out blow to white neocolonial anti-African revisionism.
  • Jon Jeter
    The Only Language the White Settler Speaks: Ohio Police Say Grieving Black Father Avenges Son’s Slaying By Killing One of Theirs
    07 May 2025
    The killing of Timothy Thomas in 2001 ignited Cincinnati’s long-simmering tensions over police violence. This struggle continues today, forcing a painful question: When justice is denied, does…
  • Raymond Nat Turner, BAR poet-in-residence
    DOGE— Department Of Grifter Enrichment
    07 May 2025
    "DOGE— Department Of Grifter Enrichment" is the latest from BAR's Poet-in-Residence.
  • Roberto Sirvent, BAR Book Forum Editor
    BAR Book Forum: Brittany Friedman’s Book, “Carceral Apartheid”
    07 May 2025
    In this series, we ask acclaimed authors to answer five questions about their book. This week’s featured author is Brittany Friedman. Friedman is assistant professor of sociology at the University of…
  • Load More
Subscribe
connect with us
about us
contact us