Three core problems that stem from excessive incarceration—and practical responses to build a better justice system.
With nearly 2 million people behind bars, the United States incarcerates more people than any other country in the world.
Mass incarceration takes a tremendous social, psychological, and financial toll on communities across the country. Yet misconceptions about crime and incarceration often block the path to better understanding what’s at stake and implementing common-sense solutions.
Even those who recognize the damage done by excessive incarceration may struggle to imagine a viable alternative. Fortunately, alternatives do exist—and many have already shown success at reducing recidivism and strengthening public safety.
Here are three core problems that need to be addressed to create a more just legal system—and practical responses that can help us move forward.
#1: Incarceration Doesn’t Make Us Safer
On paper, incarcerating people who commit crimes is supposed to keep us safe. Yet a growing body of evidence shows that incarceration doesn’t achieve that goal.
Not only are many people in jails and prisons there for non-violent offenses like drug possession, but there’s little evidence that incarceration prevents crime even in more serious cases. In fact, incarceration may even increase the likelihood that someone will reoffend.
That’s not surprising, given that incarceration often compounds the issues that drive much crime in the first place. Time in jail or prison can affect employment, housing, and education, barring people from opportunities that allow them to lead stable and successful lives. And the trauma of incarceration can both exacerbate preexisting mental health challenges and create new ones.
Alongside incarcerated people themselves, prisons and jails also impact their families and communities in ways that undermine safety and stability. Incarceration deprives children of their caregivers and leaves other family members and loved ones struggling to pick up the slack. Incarcerated women, in particular, are more likely to be primary caregivers of minor children, who are then at greater risk of entering the foster care system.
Response: Develop More Constructive Responses to Serious Crimes
Programs that connect people to community-based care rather than incarceration can build lasting safety by addressing the underlying needs that drive crime. While community-based responses have gained traction across the country in lower-level cases, addressing mass incarceration and building safer communities means investing in alternatives that can safely address more serious charges as well.
Our Manhattan Justice Opportunities program and the Brooklyn Mental Health Court are prime examples, holding people accountable in ways that reduce recidivism and help them build more stable futures. Participants receive community-based services based on their individual needs, from mental health and substance use treatment to career support. People who graduate are able to avoid incarceration and have their charges reduced or dismissed.
With an average participant facing between 1 and 7 years of prison time, Manhattan Justice Opportunities has prevented more than 470 years of incarceration in total so far.
Another powerful alternative to the traditional system is restorative justice. Restorative justice brings everyone involved in an incident together—those who’ve caused harm, victims, and the wider community—to find a path forward. Rooted in centuries-old indigenous practices, restorative approaches foster accountability and healing after serious harm in ways that incarceration can’t.
#2: Many People Behind Bars Haven’t Been Convicted of a Crime
We usually think of incarceration as punishment for crime. But the reality is very different. More than 500,000 people are held in local jails, where the vast majority haven’t been convicted of any crime. Instead, they’re there simply because they can’t afford to pay bail while they wait for their case to make its way through the courts.
Someone can spend days, weeks, or months in jail just waiting for their day in court. That’s compounded by delays and backlogs in some places that prevent cases from being resolved in a timely manner.
Time spent in jail can be fatal. In New York City, for example, fourteen people died in 2025 during or shortly after their stay in jail. For many New Yorkers, jail means Rikers Island, notorious for its inhumane conditions and widespread violence.
All together, these issues also affect the integrity of the justice system as a whole. Unlike what we usually see in media, the vast majority of criminal cases never go to trial. They end in plea deals, where the person accused of a crime agrees to plead guilty to receive a better outcome. But if someone can’t afford to pay bail, they can face significant pressure to accept a plea bargain in order to return home sooner—even if they’re not guilty.
Response: Invest in Supportive Alternatives to Bail
New York City’s Supervised Release program, which we operate in Brooklyn and Staten Island, offers a different path. The program gives people a chance to remain in their communities with supervision and support, instead of languishing in jail.
Participants in the Supervised Release program meet regularly with a case manager. While making sure people attend their court appearances, case managers also help connect them to voluntary services—employment and education resources, mental health treatment, housing support, and more.
Supervised Release is as effective as bail at ensuring people make their court dates and maintaining community safety. And unlike many other forms of pretrial supervision led by law enforcement, social workers and case managers are able to provide the support people need to meet their court requirements, avoid rearrest, and rebuild their lives.
#3: Jails and Prisons Perpetuate Racial Injustices
It’s impossible to talk about mass incarceration in the United States without talking about race. Black and Brown people are drastically overrepresented in prisons and jails across the country as a result of systemic inequalities. Black men, in particular, are roughly four times more likely to be incarcerated than their white counterparts.
That disproportion stems from disparities across the entire legal process, from arrest rates to the effects of mandatory minimum sentences.
The harmful impacts of incarceration on health, economic stability, housing, and family well-being disproportionately fall on communities of color. And that compounds historical patterns of disinvestment that have deprived those communities of crucial resources and opportunities.
Response: Leverage Data to Tackle Racial and Ethnic Disparities
Reducing the total number of people in jails and prisons doesn’t necessarily reduce racial disparities in incarceration rates. Without intentional thought and attention, even alternatives-to-incarceration programs can reinforce those disparities.
To change that, reformers have to carefully study the impacts of new programs and adjust them as needed. And that means gathering data to see if reforms are reaching the people they’re meant to serve. For example, data can help uncover eligibility requirements for reforms that might be inadvertently excluding people from certain populations.
In one case from Los Angeles County, our researchers found that restrictions on which criminal charges were eligible for alternative responses prevented crucial programs from reaching many people who might benefit from them. Alternatives-to-incarceration programs can reduce disparities by considering each person’s unique needs and circumstances, instead of focusing on charge types.
For far too long, incarceration has been the default response rather than a last resort. By prioritizing compassionate, data-driven approaches, we can keep communities safe while building a justice system that treats everyone with dignity.