<\/p>\nResearch has consistently documented the detrimental impacts of incarceration on spouses and children. These effects include poorer physical and mental health, lower family income, increased risk of homelessness and poorer educational outcomes. At the same time, research has also consistently shown that one of the strongest determinants of whether an individual who has served time in prison can successfully reenter society and avoid reoffending is the strength of the individual\u2019s family ties.<\/p>\n
Centering discussions around both types of family impacts \u2014 the impacts on and the impacts of family members of individuals in the criminal justice system \u2014 can provide a unifying principle for conservatives when it comes to criminal justice policy. It can also suggest a number of reforms.<\/p>\n
First, a family-centered approach to criminal justice policy seeks to leverage the positive impacts of personal relationships. As noted, strong family ties are associated with a reduced risk of recidivism. Family members provide emotional support to help cope with the stresses of reentry and frequently serve as an important source of housing and job leads.<\/p>\n
Accordingly, helping individuals in the criminal justice system maintain and strengthen family relationships during and after incarceration should be a priority. Ways to do this include housing prisoners closer to home, reducing the cost of prison phone calls and facilitating video visits for family members unable to make in-person trips.<\/p>\n
Second, a family-centered approach to criminal justice policy considers the harmful impacts of a criminal conviction on all affected parties, not just the convicted individual. The most obvious and most serious consequence of a criminal conviction frequently is a term of incarceration.<\/p>\n
But incarceration is far from the only consequence. Many federal, state and local laws bar individuals with a criminal record from certain jobs, even when the job has nothing to do with the convicted conduct. Other \u201ccollateral consequences\u201d of conviction may include ineligibility for housing or other benefits, as well as loss of a driver\u2019s license if a person is unable to pay required court fees.<\/p>\n
These outcomes pose significant hurdles not just for the convicted individual but also for their family members. It goes without saying, of course, that individuals who break the law must face the consequences. But punishment is not an end in itself. There must be a balance \u2014 particularly where the punishment impacts third parties. Potential reforms might include requiring that any employment disqualification be tied to the actual criminal conduct, considering whether civil rather than criminal penalties may be appropriate in a broader range of cases, and reconsidering sentencing laws that lead to disproportionately severe punishments.<\/p>\n
Third, a family-centered approach to criminal justice policy makes successful reentry a top priority. As disruptive and harmful to family members and children as one stretch in prison may be, even more harmful is a second or third stretch, or worse yet, a continuing cycle of release and reincarceration. Reducing barriers to reentry and helping formerly incarcerated individuals find housing, employment and other necessities is essential.<\/p>\n
The Hatch Center\u2019s report goes into greater detail on each of these points, identifying specific proposals that implement their teachings.<\/p>\n
Criminal justice reform can and should be a unifying issue for conservatives. That some of the most ardent voices may be on the left, or may advocate changes with which conservatives strongly disagree, should not lead conservatives to cede the issue. Rather, conservatives can and should present their own vision for criminal justice reform, a vision rooted in principles that can unite a broad range of conservative-minded individuals. One such principle is a shared understanding of the importance of the family, and the essential role family impacts play in the criminal justice system.<\/p>\n
Aligning reform efforts with the goals of preserving and strengthening family relationships, reducing negative family impacts and bolstering the ability of family members to help their loved ones get back on track (and stay there) can provide a solid framework for conservative criminal justice policy. It\u2019s time to get to work.<\/p>\n
\u2022 Christopher Bates is a legal fellow at the Orrin G. Hatch Foundation and a visiting scholar at Southern Virginia University. He formerly served as a chief counsel on the Senate Judiciary Committee.<\/em><\/p>\n<\/p><\/div>\n