Compared with the costs of crime, prison is a bargain.

Excerpts from Heather Mac Donald's testimony before Congress on criminal justice and the deincarceration movement:

Prison remains a lifetime achievement award for persistence in criminal offending. Drug enforcement is not the driving factor in the prison system, violent crime is. Even during the most rapid period of prison growth from 1980 to 1990, increased sentences for violent crime played a larger role than drug sentences in the incarceration build up. Since 1999, violent offenders have accounted for all of the increase in the national prison census.

Today, only 16 percent of state prisoners are serving time for drug offenses—nearly all of them for trafficking. Drug possession accounts for only 3.6 percent of state prisoners. Drug offenders make up a larger portion of the federal prison caseload—about 50 percent—but only 13 percent of the nation’s prisoners are under federal control. In 2014, less than 1 percent of sentenced drug offenders in federal court were convicted of simple drug possession; the rest were convicted of trafficking. The size of America’s prison population is a function of our violent crime rate. The U.S. homicide rate is seven times higher than the combined rate of 21 Western nations plus Japan, according to a 2011 study by researchers of the Harvard School of Public Health and UCLA School of Public Health.

The most dangerous misconception about our criminal justice system is that it is pervaded by racial bias. For decades, criminologists have tried to find evidence proving that the overrepresentation of blacks in prison is due to systemic racial inequity. That effort has always come up short. In fact, racial differences in offending account for the disproportionate representation of blacks in prison. A 1994 Justice Department survey of felony cases from the country’s 75 largest urban areas found that blacks actually had a lower chance of prosecution following a felony than whites. Following conviction, blacks were more likely to be sentenced to prison, however, due to their more extensive criminal histories and the gravity of their current offense.

...Incarceration is not destroying the black family. Family breakdown is in fact the country’s most serious social problem, and it is most acute in black communities. But the black marriage rate was collapsing long before incarceration started rising at the end of the 1970s, as my colleague Kay Hymowitz has shown. Indeed, the late Senator Daniel Patrick Moynihan issued his prescient call for attention to black out-of-wedlock child-rearing in 1965, just as that era’s deincarceration and decriminalization movement was gaining speed.

It is crime, not incarceration, that squelches freedom and enterprise in urban areas. And there have been no more successful government programs for liberating inner-city residents from fear and disorder than proactive policing and the incapacitation of criminals.

Compared with the costs of crime, prison is a bargain. The federal system spends about $6 billion on incarceration; the state system spent $37 billion in 2010 on institutional corrections. The economic, social, and psychological costs of uncontrolled crime and drug trafficking dwarf such outlays. And prison spending is a minute fraction of the $1.3 trillion in taxpayer dollars devoted to means-tested federal welfare programs, as Senator Sessions has documented.

Violent crime is currently shooting up again in cities across the country. Police officers are backing away from proactive enforcement in response to the yearlong campaign that holds that police are the greatest threat facing young black men today. Officers encounter increasing hostility and resistance when they make a lawful arrest. With pedestrian stops, criminal summons, and arrests falling precipitously in urban areas, criminals are becoming emboldened. While I do not think that the current crime increase is a result of previous changes in federal sentencing policy, it behooves the government to tread cautiously in making further changes. However, I unequivocally support the “productive activities” component of Section 202 of the Act, to the extent that it aims to engage all prisoners in work.

In closing, let me say that the committee would provide an enormous public service if it could rebut the myth that the criminal justice system is racist. Thank you for your attention.