Weekend Follow-Up #2: The 1994 Crime Bill and Mass Incarceration

Facts matter: Sign up for the free Mother Jones Daily newsletter. Support our nonprofit reporting. Subscribe to our print magazine.


The 1994 crime bill has come in for a lot of attention lately, and even Bill and Hillary Clinton have said they now regret some of its provisions. But which ones?

Generally speaking, liberals still applaud several of its biggest accomplishments: the assault weapon ban, the Violence Against Women Act, and the COPS program that funded additional police and better community training.

But Republicans exacted a price for this. In particular, they wanted an expansion of the death penalty and several provisions that stiffened sentencing of felons. As it turns out, though, Republicans didn’t have a very good idea of what their own favorite policies would actually accomplish. Are you surprised? For example, here’s the death penalty:

The crime bill created lots of new capital crimes, but its actual effect was nil. The death penalty was already losing support by 1994, and has been banned by an increasing number of states ever since. On the federal level, death sentences have always been a tiny fraction of the total (around four or five per year), and that didn’t change after 1994.

So what about sentencing? The crime bill did have an effect here, but it was generally pretty modest. Here are a couple of charts from an unpublished review of the law seven years after it passed:

Why the small effect? In the case of 3-strikes, it simply didn’t affect very many people. It did increase average time served by several months, but that’s about it. And the much-loathed Truth-in-Sentencing provisions had even less effect. This is because more than half the states already had TIS requirements even before the 1994 bill passed, and not many passed new ones as a result of the law. It did push up the trend in incarceration and time served by a few tenths of a percentage point, but that had only a minuscule effect on overall incarceration rates.

The crime bill also included a few other witless measures, like reducing educational opportunities for inmates, and it unquestionably contributed to the crime hysteria that was prevalent at the time. Nonetheless, its most hated features never had a big effect.

Two years later Clinton also signed the Antiterrorism and Effective Death Penalty Act of 1996, which had some pretty objectionable changes to habeas corpus. This was arguably worse than anything in the 1994 bill, but it didn’t have a substantial overall effect on incarceration rates.

REAL QUICK, REAL URGENT

Minority rule, corruption, disinformation, attacks on those who dare tell the truth: There is a direct line from what's happening in Russia and Ukraine to what's happening here at home. And that's what MoJo's Monika Bauerlein writes about in "Their Fight Is Our Fight" to unpack the information war we find ourselves in and share a few examples to show why the power of independent, reader-supported journalism is such a threat to authoritarians.

Corrupt leaders the world over can (and will) try to shut down the truth, but when the truth has millions of people on its side, you can't keep it down for good. And there's no more powerful or urgent argument for your support of Mother Jones' journalism right now than that. We need to raise about $450,000 to hit our online fundraising budget in these next few months, so please read more from Monika and pitch in if you can.

payment methods

REAL QUICK, REAL URGENT

Minority rule, corruption, disinformation, attacks on those who dare tell the truth: There is a direct line from what's happening in Russia and Ukraine to what's happening here at home. And that's what MoJo's Monika Bauerlein writes about in "Their Fight Is Our Fight" to unpack the information war we find ourselves in and share a few examples to show why the power of independent, reader-supported journalism is such a threat to authoritarians.

Corrupt leaders the world over can (and will) try to shut down the truth, but when the truth has millions of people on its side, you can't keep it down for good. And there's no more powerful or urgent argument for your support of Mother Jones' journalism right now than that. We need to raise about $450,000 to hit our online fundraising budget in these next few months, so please read more from Monika and pitch in if you can.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate