Mass Incarceration or Under-Inclusion?
Republicans might finally take note after years of warnings: America is not grappling with mass imprisonment; it faces a crisis of widespread under-inclusion. The system calls for more stringent measures, instead of easing up.
The horrific murder of 23-year-old Ukrainian refugee Irina Zaltoska allegedly by DeCarlos Brown Jr., a career criminal, has shocked the nation. This incident surfaced amidst the wave of bipartisan “criminal justice reform” that has dismantled the aggressive crime policies of the Reagan era, exposing what has become a disturbing norm in our urban areas.
Legislators have choices when they convene again. They can enact substantial reforms, or they could witness more innocent lives lost.
Individuals like Brown have escaped consequences too often. He’s been arrested over 14 times since 2007, with charges ranging from assault to robbery. Curiously, he hadn’t served significant time until 2014, receiving a mere four-year sentence for an armed robbery. Since his release in 2020, no substantial legal repercussions have followed, despite multiple arrests.
Such outcomes were not surprising. Brown’s evident mental instability makes him more perilous than your average criminal. For the past 15 years, both Republicans and Democrats appear to have embraced reforms favoring leniency, allowing violent individuals to slip through the cracks. They’ve softened sentences and diminished minimums, and neglected policing practices that could help mitigate crime and homelessness.
The latest insult? Brown was released on cashless bail. Shockingly, violent offenders are often afforded multiple chances—third, fourth, and beyond—while many others remain uncharged due to prosecutors downgrading cases. This vicious cycle continues unabated.
Consider the statistics. In 2024, the FBI’s incident-based reporting system noted over 12.2 million crimes. Excluding drug and gun-related offenses, we still see alarming figures: 2.4 million violent crimes occurred without an arrest, alongside 1.25 million serious property crimes. Annually, over a million criminals evade justice, while U.S. prisons teem with about 1.9 million inmates.
Even when police make arrests, penalties are scarce. For instance, in 2021, despite 121,000 reported robberies, only 15,604 resulted in prison time. Similarly, just 4,894 cases of car theft saw any legal consequences, and a mere 6,081 murderers faced lengthy sentences for over 15,000 murders reported.
This isn’t an anomaly; it’s indicative of a judicial system unable to administer justice for violent crimes year after year.
Related: Remembering Iryna Zarutska
What needs to change? Here’s a list for state legislatures to consider:
- Ban public encampments on streets, allowing lawsuits against negligent areas.
- Enhance penalties for copyright infringement on porches, following Florida’s lead.
- Implement severe sanctions for organized retail theft and flash mob crimes.
- Strengthen truth-in-sentencing laws for violent offenders.
- Facilitate funding for prosecution across county lines and enforce tougher penalties for gang-related offenses.
- Allow prosecutors, rather than judges, to determine if a juvenile should be tried as an adult.
- Set minimum thresholds for carjacking, particularly for repeat offenders.
- Enforce strict sentences for felons found with firearms.
- Ensure parole offenders complete their sentences.
- Retain custody of repeat offenders without bail; revoke pretrial releases upon new charges.
- Allot resources to clear backlogs of violent felony cases.
- Solidify the “Three Strike” laws to close loopholes.
- Apply the death penalty for fentanyl traffickers.
- Mandate quarterly publication of judges’ records in a searchable database.
- Criminalize squatting and simplify removal processes.
Legislators have options ahead. They can drive meaningful reforms or allow more innocent victims to suffer.
Anger on social media won’t fix this issue. Neither will calls for accountability. As Iryna’s grieving family has said, “This could have been anyone on that light rail that night.”
That’s the crux of it—and if lawmakers don’t act, it may become a grim reality again.
