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Overcriminalization punishes and sustains poverty for communities of color.
Overcriminalization is a racial and economic justice issue.
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 impacted and occurred alongside years of underinvestment in Black, brown and low-income communities, as well as 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. When we address overcriminalization, families, communities and our country will benefit. With our partners, we aim to shrink the footprint of the complex web of policies and practices that drive overcriminalization. In recent years, state and local reform efforts have achieved meaningful progress. In fact, between 1999 and 2019, the lifetime risk of incarceration fell by almost half. However, the work is far from done, particularly in the face of efforts that undermine this progress. We believe there is tremendous opportunity to achieve lasting local, state and national reforms that will improve public safety for all people, including low-income communities of color that have been most impacted.
4 in 5
The number of people held in local jails 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)
24%
Of people arrested due to drug-related policing are Black. (Source)
35%
The percentage of people with court-related debt who report difficulty paying for food. (Source)
Our Approach
We invest in efforts to shrink the footprint of the complex web of policies and practices that drive overcriminalization.
Advocating for legislative and policy changes
We support national campaigns to change the laws, policies and practices that drive people into the criminal legal system unnecessarily. We focus on ending the criminalization of poverty, drugs and mental health, and the overuse of law enforcement to address complex issues that require multifaceted responses.
Transforming local legal systems
We invest in efforts to transform local legal systems by supporting reform-minded prosecutors, judges, sheriffs and other local leaders. We also ensure that these leaders have the tools they need to implement policy changes that address overcriminalization and incarceration and advance a more equitable system.
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
Reducing Incarceration
For the People partners with prosecutors and key stakeholders to identify people in prison who can be safely released, reuniting families and strengthening communities for generations to come.
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.