Blinded Justice: The Hidden Data Crisis in Our Criminal Justice System August 21, 2024 In the land of the free, we’ve become the world’s leading jailer. Despite massive spending, our criminal justice system falters in rehabilitation, largely due to a crippling lack of data. The United States spends over $80 billion annually to keep more than 1.2 million people behind bars. But what do we get for this astronomical investment? A system that fails spectacularly at its core mission: rehabilitation. More than two-thirds of formerly incarcerated people find themselves back in prison within five years of release. Over half struggle to find employment or drop out of the workforce entirely. These grim statistics paint a picture of a system in crisis, but they’re just the tip of the iceberg. The truth is, we don’t even know how deep our problems run. America’s criminal justice system is operating in the dark, and it’s because of a startling lack of data. This information void is costing taxpayers billions and, more importantly, hindering the rehabilitation of millions of lives. Flying Blind: The Data Crisis Imagine running an $80 billion enterprise without reliable metrics, or trying to fix a complex machine without any diagnostic tools. That’s essentially what policymakers and researchers face when trying to address the shortcomings of our justice system. Here’s the hard truth: The federal government hasn’t conducted a comprehensive, publicly available survey of former prisoners since 2008. Even then, the National Former Prisoner Survey focused almost exclusively on sexual violence during incarceration. While sexual violence is undoubtedly a critical issue, it’s far from the only challenge formerly incarcerated people face. What about their struggles with employment, education, financial security, or mental health after release? These factors play a crucial role in determining whether someone will successfully reintegrate into society or end up back behind bars. Yet we lack up-to-date, nationally representative data on these vital issues. What little data does exist suggests that the employment and financial security outcomes of formerly incarcerated people are, on average, drastically worse than for the never incarcerated population. We know that returned citizens experience substantial difficulties in navigating post-release life. And we know that our recidivism rates in the U.S. are some of the highest on the planet. Without the right criminal justice system data, we cannot measure the scale of the problem or progress toward addressing it. A Glimmer of Hope in the Digital Age Faced with extremely high levels of recidivism, policymakers and departments of correction across the country need a clear understanding of which programs are most effective in supporting the post-release success of incarcerated individuals. In the past few decades, some states have made meaningful investments to ensure that their Department of Correction (DOC) data is accurate and, in some cases, integrated with other data collection systems within the state. However, there are several states where the data systems remain shockingly dire – so much so that DOCs are unable to identify thousands of individuals under their custody who qualify for early parole or release. Functionally, state governments are not enforcing the laws as they are written. In the face of governmental inaction, some innovative thinkers are stepping up. Take Recidiviz, a nonprofit organization founded by Joshua Essex, Clementine Jacoby, and Andrew Warren. Their mission: To drag state criminal justice data systems into the modern era. By improving data quality and integration, Recidiviz has already helped accelerate the release of over 100,000 individuals who were eligible but overlooked due to poor record-keeping. At The Last Mile, we want to take data collection on the effectiveness of our programs to another level. We are partnering with researchers at the Crime and Justice Policy Lab at the University of Pennsylvania to conduct a randomized controlled trial (RCT), which will rigorously evaluate the overall effects of TLM on program participants’ post-release involvement with the justice system. Rct Graphic In this study, we use the same methodological approach that researchers use to study the effects of medical treatments to understand the effects of our vocational training and post-release employment coaching program. This research initiative will be one of the first of its kind in the history of our country – a real-time, randomized, controlled trial with detailed data on the long-term effectiveness of a prison program on recidivism. With the data we have collected so far, we have determined that TLM alumni fare much better than a typical returned citizen. For example, just 5% of TLM returned citizens are reincarcerated on new offenses, and 75% of returned citizens who have been released for six months or more are employed. However, without public investment in high-quality, nationally representative criminal justice system data, it is difficult to directly and robustly compare the outcomes of TLM alumni with those of the broader formerly incarcerated population. How can we measure success when we don’t know what “average” looks like? The Cost of Ignorance This information vacuum doesn’t just hinder progress; it actively perpetuates injustice. We can’t identify systemic biases, track reform efforts, or hold institutions accountable without accurate criminal justice system data. We’re essentially asking our policymakers to solve a complex puzzle while blindfolded. In 2024, the US Census Bureau requested $259.8 million to conduct the American Community Survey (ACS), broadly considered one of the highest-quality surveys in existence and a tool that has been used to drive critical research across many national policy priorities. The costs of fielding the ACS represents less than 0.4% of the Department of Justice’s budget. It’s important to note that our government has the resources and organizational capability to conduct high-quality, affordable surveys for massive populations – it’s time to expand those capabilities to better understand our most underserved the individuals and communities. There is so much that we do not know about what is working (and not working) in our criminal justice system. Policymakers, criminal justice organizations, and ultimately individuals who the carceral system has impacted desperately need better data. Investment in publicly available, high-quality, nationally representative criminal justice system data would pay for itself and result in a more just and more effective prison and reentry system. A Call for Investment The solution is clear, if not simple: we need a significant investment in high-quality, nationally representative data on our justice system. Imagine the potential impact of having accurate, up-to-date information on recidivism rates in the U.S., employment outcomes, and the effectiveness of various rehabilitation programs. It could revolutionize how we approach criminal justice reform, leading to more effective policies, reduced recidivism, and, ultimately, a safer and more just society for all. As we grapple with calls for criminal justice reform, let’s not forget this fundamental truth: you can’t fix what you can’t measure. It’s time we shine a light on the shadows of our justice system. Only then can we hope to build a system that truly serves justice—and all Americans. This article was written by: Sam Bufe, Sr. Manager of Research and Analytics at The Last Mile. Robert Roche, Content Marketing Director at The Last Mile. Want articles like this one in your inbox? Subscribe to The Last Mile Marker, a newsletter offering in-depth insights, critical updates, and inspiring stories on criminal justice reform and second chances.