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CRIMINAL JUSTICE FOCUS AREA

Ending Overcriminalization

Women on sidewalk holding signs: No More Drug War

(Photo: Drug Policy Alliance)

Overcriminalization punishes and sustains poverty for communities of color.

Over decades, the United States has built the world’s highest per capita incarceration rates. We have done this by widening the net of arrestable offenses, using incarceration to respond to complex social issues—such as poverty substance abuse, mental health and homelessness—and creating a vast array of court costs, fines and fees that keep people in jail when they cannot afford to pay.

The growth in the criminal legal system has targeted and occurred alongside years of underinvestment in Black and brown communities including lack of access to livable wage jobs with benefits. Both have exacerbated poverty and other inequalities, the impact of which is felt for generations, as families are unable to build wealth, find secure housing and access other public benefits that enable them to live with dignity and stability. Unfortunately, children with incarcerated parents are more likely to experience trauma, poverty and incarceration.

Overcriminalization is a racial and economic justice issue, and when we address it, families, communities and our country will benefit. With our partners, we aim to reduce our criminal legal system’s footprint by addressing the complex web of policies and practices perpetuating the criminalization cycle. We see a tremendous opportunity to achieve lasting local, state and national reforms that will have reverberating effects particularly on low-income communities of color.

4 in 5

People locked up in local jails are being held without conviction. They are legally innocent and awaiting their day in court. (Source)

21%

Of Black men born to the lowest-income families are incarcerated on a given day, far higher than for any other subgroup. (Source)

4 in 5

People in federal prison for drug charges are Black or Latino. (Source)

$27.6B

Was reported in outstanding fines and fees due to courts in 2021. This is a vast underestimation as only half of U.S. states were able to provide any data at all. (Source)

Our Approach

We support efforts at the local, state and national level to end mass criminalization by transforming the laws and policies, structures and practices that drive people into the system.

Advocate for legislative and policy changes

We work to reduce criminalization and advance racial equity through advocacy campaigns, litigation strategies and narrative change efforts.

Achieve systemic, structural change in law enforcement

We support local efforts to reduce police violence, increase police accountability and prioritize community-driven public safety solutions that do not rely on law enforcement.

Transforming local legal systems

We help elect, convene and provide technical assistance and support to prosecutors, judges, sheriffs and other local officials committed to leading policy changes that reduce criminalization and incarceration.

Our Grantees

Our grantees engage in a wide range of efforts to address overcriminalization, from grassroots campaigns to legislative advocacy.

View more grantees in our Criminal Justice Grantmaking portfolio
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Building Community Power

Austin Justice Coalition educates and builds community power to influence changes in local government and advocate for policy change to help improve the quality of life for poor people of color.

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Reducing Incarceration

For The People (FTP), in collaboration with Silicon Valley De-Bug, seeks to reduce incarceration by enlisting prosecutors to shorten excessive sentences and release people from prison and by sharing stories of redemption and rehabilitation.

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Ending the War on Drugs

Drug Policy Alliance (DPA) is the leading organization in the U.S. committed to ending the war on drugs and reversing its impact on communities of color by creating and advocating for innovative policies to fundamentally transform the direction of drug policy in the country.