This question, posed by moderator Penny Fujiko Willgerodt, Executive Director of The Prospect Hill Foundation, kicked off Rockefeller Philanthropy Advisors’ invitation-only Conversation on Criminal Justice Reform featuring Sherrilyn Ifill of the NAACP Legal Defense Fund, Carroll Bogert of The Marshall Project, and Helena Huang of the Art for Justice Fund held on July 10, 2017 in New York City.

Responding to that provocative query, Ifill opined that a central tenet of a truly just system would be a recognition of the humanity of all who are in the system—even those convicted of the most violent offenses. If we acknowledge their humanity, it follows that they are entitled to i) be regarded as an individual, entitled to the protections of our Constitution, as opposed to being painted with the broad brush of an odious stereotype; and ii) the assumption that they will return to mainstream society, underlining the need for education and rehabilitation services.

The role of the media in criminal justice reform also came up. Bogert, president of The Marshall Project, gave an example of the media’s influence on policy.  From a historical perspective, she noted the Washington Post’s use of the term “drug scourge” 1,565 times in a one year period from 1988-1989, citing coverage such as this as central in driving mandatory minimum prison sentences. On a more positive note, Bogert highlighted a recent success driven by effective journalism.  There are currently 19 states (and even more county-based systems) in which parents can be charged fees for the incarceration of their child. In a recent story published on the front page of the Washington Post, The Marshall Project highlighted a private lawyer in Philadelphia who was paid $316,000 a year —more than even the mayor of the city — for being the conduit to charging those parents by setting up one-on-one meetings and presenting them with bills. Within hours after the publication of this article, the city of Philadelphia announced that it would stop its program of billing parents. This dramatic policy change is a great example of the power of the media and its potential to create positive change.

As in most discussions about criminal justice reform, the role of for-profit entities was raised. Several in the room stressed the importance of investors having a full understanding of their possible complicity and the implications of their business decisions and professional associations. This issue is not just limited to the prison management companies; it extends to the food service providers, healthcare entities, transportation companies and others within the criminal justice industry — often charging the already-stressed population exorbitant rates that would be unacceptable in any other context.

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