Sentencing developments in the United States in 2019: shifting from the “tough on crime” mantra to (seriously) contemplating the abolition of prisons

Although the number of prisoners in the United States has declined over the past decade, the rate at which incarceration levels have diminished has been slow. Moreover, imprisonment rates in the United States are still at least three times higher than those of other developed countries and are the highest in the world. The "tough on crime" policy that has driven increased incarceration in the United States is, however, finally receding and quite dramatically. There is now widespread agreement among politicians and the community generally that too many Americans are in prison. This concern is so pronounced that it has even led to some influential Americans recommending the abolition of prisons. This article examines this shift in attitude as well as recent changes to sentencing law and practice in the United States, and considers their implications for possible future developments in Australia.