Is It Smart to Release Jail Inmates to Slow the Spread of COVID-19?

I Believe It Is Both Safe And Smart To Release Inmates To Slow The Spread Of COVID-19, As The Societal Benefits Outweigh The Costs

All across the country, prisons and jails are releasing inmates due to the COVID-19 pandemic. The concern is that jails and prison, which include very close quarters living, serve as amplifiers of infectious diseases. There is evidence to back this up. An infectious disease could spread rapidly in jail and compound the COVID-19 pandemic.

However, there is another concern to letting inmates out early. This concern is that letting inmates out early could endanger the public and compromise the integrity of the justice system. In this article I argue that letting some inmates out early does not create a significant danger to the public. Nor does it greatly compromise the integrity of the justice system. This is true because most of the inmates being released are non-violent offenders, they likely would have been released anyways, and crime overall has plummeted during the pandemic.

Crime Rates Have Plummeted Due to the Pandemic

First, let me concede that letting inmates out early does create a moderate risk to the public. It would be silly to suggest otherwise. People who are accused of crimes, or who have already committed crimes, are the exact people most likely to commit crimes in the future. However, the nature of the pandemic itself may put a damper on any criminal activity they have planned. Research has shown that crime rates have plummeted globally during the pandemic. Reports suggest that drug dealers, like legitimate businesses, have been less active and lost sales due to the economic slowdown. Thus, under normal circumstances, letting criminals out a little early may lead to an overall increase in crime. But this global pandemic is not normal. And the fact that it has devastated the economy has meant crime has dropped as well. Additionally, criminals may just be worried about catching the coronavirus. Thus, they are staying in like everyone else.

There is Definitely Some Risk to Society When Releasing Inmates

Now, it is true that a man in Florida who was released under COVID-19 guidelines was accused of second-degree homicide the day after he was released. This individual was released on March 19th. On March 20th a homicide occurred, and this man was later arrested and charged in connection to the killing. This is a truly shocking and terrible story. But let’s take a closer look. When this man was in jail prior to the shooting, he was not charged with homicide, or any other violent crime for that matter. He was charged with possession of a small amount of drugs and drug paraphernalia. Thus, this man likely did not fit the profile of someone with a tendency to commit violent crimes. It appears he fit the profile of a small-time drug user. Thus, when jail authorities released this man, there was likely no existing evidence that showed he was at high risk of committing homicide.

The Majority of Inmates Released are Non-Violent Offenders

This brings me to my second point: the majority of individuals released from jails under COVID-19 guidelines were non-violent offenders. I do not have the statistics to say that all the people released from jails across the country were non-violent offenders. But there is a good chance that the vast majority were. Therefore, jails and prisons across the country have, hopefully, been very careful about who they let out and who they keep in. Again, crime has dropped due to the COVID-19 pandemic and early indicators do not show that the released inmates are committing crimes at high rates upon release.

My Own Experience as a Criminal Defense Attorney Has Seen Violent Offenders Remain Incarcerated

Next, I am a criminal defense attorney in Pittsburgh, PA. I have many clients in the jail system right now and I have been observing the actions of the lower courts. This evidence is anecdotal, but I believe it is useful in gaining an understanding of what is happening. I have multiple clients charged with violent crimes and none of them have been released due to COVID-19. I can tell you that I filed motions to get many of them released. The local judges did not let these people out. And they would not have let them out under more normal societal circumstances. I also have clients who are lower level offenders. Many of these people were released. But based on my observations, most of these people would have eventually been released anyways. So in my humble opinion, what the courts are actually doing is releasing inmates early, instead of releasing people that would have otherwise stayed in jail. Therefore, in the case that some violent offenders are released, it is a pretty safe bet to say that those would individuals would have also been released during normal times. The COVID-19 crisis simply sped that process up.

Most Inmates Being Released Are Not Yet Found Guilty

Finally, I believe it is important to note that the majority of people being released under COVID-19 guidelines are people who have been accused of crimes, but not actually found guilty or convicted. These people are being held on pre-trial detention. They have not yet had their day in court. This only strengthens the case to actually release these people. Statistically speaking some of these people are actually innocent of the crimes they have been charged with. Of course, there are instances of inmates who have been convicted of crimes being released before they completed their full sentence. Shoot, the infamous Michael Cohen, who was an associate of President Trump, was released after being found guilty. But this goes back to the principle of early release that I stated above. Michael Cohen already served a portion of his sentence and authorities are simply releasing him early. Additionally, he is a non-violent offender.

Overall Releasing Certain Inmates is an Effective Way to Slow the Spread of COVID-19 Without Substantial Negative Costs

Thus, all in all, the mass release of inmates due to COVID-19 is not a major risk to the public nor does it compromise the justice system. Most of the inmates being released are non-violent offenders accused of small-time offenses. Additionally, it is likely that a majority of these people would have been released anyways. COVID-19 just made the process quicker. Moreover, in the case of people actually convicted of crimes, they are getting early release after serving the majority of their sentence.

COVID-19 has caused nearly every institution in the country to adapt and take drastic actions. Jails and prisons are no different. While there are some risks to letting inmates out of jails and prisons early, it has also been shown that jail populations can be breeding grounds for infectious disease. Thus, society must weigh the costs and benefits to letting inmates out early. The benefit of slowing down the spread of this deadly virus, likely outweighs any risks to letting some non-violent offenders out of jail. Current statistics show that crime has plummeted due to the coronavirus pandemic. Therefore, letting inmates out of jails is likely a smart decision that can help save lives while the country navigates through this unprecedented public health crisis.