Skip to main content

Three Key Criminal Legal Reform Takeaways from the 2022 Midterms


Voters across the political spectrum want their elected officials to support bold criminal justice reforms that reduce punishment and mass incarceration — according to polling conducted just before the midterms. Despite an aggressive, tough-on-crime campaign playbook from some candidates who attempted to manipulate crime as a wedge issue, voters largely chose justice anyway. Although not all reform initiatives on the ballot were successful, voters drove significant progress on several issues, including prison labor reform, drug policy, and prosecutorial reform.

Here are three major highlights from the midterm elections and what they mean for the future of criminal legal reform.


Voters banned slavery from state constitutions, redefining prison labor.

A bearded man wearing sunglasses holds up a black sign with white lettering reading "End Prison Slavery" at a protest in downtown Portland, Ore., during a nationwide day of action against prison slavery on the 45th anniversary of the Attica Uprising.

More than 150 years after slavery was abolished, four states — Alabama, Oregon, Tennessee, and Vermont — voted to eliminate language in their constitutions that allows slavery as punishment for a crime, an exception written into the 13th Amendment.

The success of these measures indicates growing support for prison reform in a country where roughly 800,000 incarcerated people work, and are often forced to do so for little to no pay. These amendments are needed to strip antiquated language from state constitutions and transform the criminal justice system by making all prison work voluntary. For far too long, incarcerated people have been exploited for their labor, making pennies on the dollar. These victories pave the way for ending modern-day forced labor in prisons and jails nationwide.


Voters chipped away at the war on drugs.

After this year’s midterms, 21 states have now legalized marijuana; the tide for legalization and decriminalization nationwide only continues to grow. Voters in Maryland legalized marijuana, including an automatic expungement provision for clearing past marijuana possession convictions, which will improve people’s lives so they aren’t saddled with a criminal record. And despite drug policy losses in Arkansas, North Dakota, and South Dakota, there were still many important victories in places where voters increasingly lean conservative. Missouri legalized marijuana, and five Texas cities plus five Ohio cities decriminalized marijuana possession locally. Wisconsin voters also approved marijuana ballot questions in three counties and five municipalities across the state, paving the way for future legalization.

These victories build upon promising results from past election cycles, where states that are more politically conservative — including Maine, Virginia, New Mexico, Alaska, Montana and Arizona — have passed marijuana legalization. This wave of wins not only highlights the increasingly bipartisan support for addressing significant racial bias in marijuana arrests, but also provides a stronger case for legalizing and decriminalizing marijuana at the federal level. Marijuana legalization and expungement of past marijuana convictions are both necessary to remedy racial disparities and racial harms of the war on drugs.

In Colorado, voters approved a measure that decriminalizes the use of certain psychedelic drugs, which are becoming more commonly used to treat a host of health issues, including anxiety and mood disorders. This legalization measure will align the state with a growing national trend of treating drug use as a public health issue, not a criminal problem. There is still more work to be done, but the progress we’ve made in this election cycle points in the right direction.


Voters elected a wave of reform-minded prosecutors despite false crime messaging.

Despite facing a barrage of tough-on-crime messaging and sustaining some losses, like in Maricopa County, Arizona, the reform prosecutor movement won several additional seats this cycle. From Polk County, Iowa, to Bexar County and Dallas County, Texas, to King County, Washington and beyond, voters made their voices clear: They want smart, evidence-based reforms to address public safety.

Perhaps most notably, in Hennepin County, Minnesota, career public defender Mary Moriarty’s smart justice approach easily prevailed over fear mongering from her law and order opponent, retired county judge and former prosecutor Martha Holton Dimick. Moriarty told reporters that her run was inspired by calls for racial justice reckoning and criminal justice reforms in the wake of the 2020 George Floyd uprisings: “I did see an opportunity for change slipping away. And I thought, people who really value public safety, and a fair and just system need to step up during this time of turmoil and really present options that aren’t the same old things we’ve had for decades, which haven’t kept us safer.”

Back in August, voters in Shelby County, Tennessee also ousted incumbent district attorney Amy Weirich, who developed a national reputation for being ineffective and overly-punitive, in favor of Steve Mulroy, who ran on platforms of reforming the office. Each of these progressive candidates won their races — several with wide margins — even despite growing threats against them in places like Florida, Pennsylvania, and Wisconsin.


As history has shown time and time again, candidates who perpetuate harmful tough-on-crime rhetoric while ignoring the facts will not actually increase public safety. Although not all criminal justice reforms were successful this year, voters have proven that they want new solutions for addressing public safety, not divisive rhetoric that only stokes fear. Our newly-elected leaders on both sides of the aisle have an obligation to continue to push for bold legislation that transforms our approach to public safety, protects civil liberties, and strengthens our communities.

What you can do:
Join the Vote Your Values Team
Sign up

Comments

Popular posts from this blog

Arizona’s High Court Must Protect Abortion Access

Today, the Arizona Supreme Court will consider whether to resurrect a more than 150-year-old criminal ban on virtually all abortions. The court’s decision could allow that law to take precedence over Arizona’s modern abortion laws, including those passed just last year by the people’s current elected representatives. This ban was originally struck down in 1973, thanks to a lawsuit brought by Planned Parenthood and physicians in Arizona, and since that time has been superseded by a comprehensive scheme that regulates abortion as a lawful medical procedure. But an anti-abortion activist and County Attorney are now asking the Arizona Supreme Court to turn back the clock. No one should be forced to carry a pregnancy to term against their will and face the life-altering consequences of being denied essential health care, but reviving this antiquated law in full would do just that — and, at the same time, throw Arizona’s entire contemporary legal code into confusion. The origins of Arizo

Fighting Back Against Discriminatory Laws That Impact People Living with HIV

As a Black transgender woman and a former sex worker, it’s not unusual for me to face harassment and profiling from police. Regardless of whether we’re engaged in sex work or not, police frequently target transgender women like myself for searches and arrest, using anything from condoms to cash as “proof” we were engaged in sex work. For those who actually do engage in sex work, the criminalization of that livelihood raises the stakes of police encounters, and laws that criminalize our HIV status even more so. In 2010, I was arrested in Memphis, Tennessee, and charged under the state’s aggravated prostitution statute, a law that raises sex work from a misdemeanor to a felony strictly on the basis of my HIV diagnosis. The law, passed in a wave of fear and panic following the height of the AIDS epidemic in 1991, doesn’t require transmission of HIV, or even an act that could possibly transmit HIV, for prosecution. It applies to everyone living with HIV, regardless of whether they are t

New video by T-Series on YouTube

Aaoge Jab Tum Lofi Mix: Shahid Kapoor, Kareena Kapoor Khan |Jab We Met |Ustad Rashid Khan |Dj Basque Presenting "Aaoge Jab Tum Lofi Mix" from the film Jab We Met. Sung by Ustad Rashid Khan, composed by Sandesh Sandilya and penned by Faaiz Anwar. Remixed by Dj Basque. Song Credits: Song - Aaoge Jab Tum Film - Jab We Met Singer - Ustad Rashid Khan Lyricist - Faaiz Anwar Music Director - Sandesh Sandilya Artist - Kareena Kapoor, Shahid Kapoor Remixed By - Dj Basque Music On - T-Series Download Song Beat: https://bit.ly/3Cjh24R ___________________________________ Enjoy & stay connected with us! 👉 Subscribe to T-Series: https://youtube.com/tseries 👉 Like us on Facebook: https://ift.tt/5cpn7kR 👉 Follow us on X: https://twitter.com/tseries 👉 Follow us on Instagram: https://ift.tt/xMVNSfv View on YouTube