Criminal reform in the US has always been something of a swinging pendulum, and the start of this year is a prime example as voters in many cases opt to reverse pre-existing lenient reform laws. This return to a ‘tough-on-crime’ approach in some states largely started coming into motion in January of this year, and opinions are still mixed about whether it’s a wise move.
New criminal justice laws in states including California and Colorado mark the beginnings of harsher sentencing guidelines and increased fines for criminal activity. This comes even though experts already know that harsher punishments don’t necessarily deter crime. Which begs the question – why are these new laws coming into place at all?
This is an especially prevalent question considering that this tightening of legal laws is by no means a nationwide focus. In states like Illinois, January’s criminal justice updates were far more on the side of reform.
In this article, we’ll consider precisely which states have switched criminal reform on its head for 2025, and the kinds of outcomes we can expect from this change overall.
The History of Pendulum Swinging Legal Reform in the US
Reversals in criminal reform might feel like an unexpected u-turn back to harsher policy for many voters out there, but this is by no means a new or unforeseen switch. In fact, legality in the US has always been a swinging pendulum between restriction and reform.
A look back through history is certainly an interesting reflection on where we find crime reform today. As far back as the 60s, voters were urging for focus on reform and lighter sentences, a wish they later retracted when new lighter laws came under fire for contributing to crime spikes in the 70s.
The ‘get tough’ 80s followed, resulting in three decades of mandatory sentencing, and harsher drug enforcement tactics that were epitomized by Clinton’s Violent Crime Control and Law Enforcement Act of 1994.
Unsurprisingly after so many years of harsh criminal action, 2007 saw American prisons, and the legal system in general, at a breaking point. At this stage, one in every 31 adults was stuck in the correctional system.
Something had to change, a step that Donald Trump himself oversaw by signing the 2018 First Step Act to improve criminal justice outcomes while keeping crime low. More than 30 states also passed laws to reduce prison populations between 2007 and 2017.
Unfortunately, progress was quickly halted by a pandemic that was unforeseeable, and had shocking consequences for crime rates in the US in general.
How Did the Pandemic Impact US Crime Rates?
The pandemic’s impact on US crime rates is no secret at this stage. 30% increases in violent crimes like murder were particularly shocking during this period, and were thought to have been fuelled by issues like increased gun carrying due to such widespread social uncertainty and mistrust. FBI background checks also reported a significant increase in firearm purchases until as late as 2022. In other words, health-based unrest was driving many people to more violent methods.
George Floyd’s murder by a police officer amidst the depths of the pandemic brought all of these issues to a head. Months of violent protests followed, resulting in 19 deaths and $500 million in damages. But despite an initial spike in violent crime, the tragedy also served to drive calls for improvements to harsh police tactics.
The question is, why are voters turning their backs on this focus just four years after the fact?
Where we are now: The facts and realities of US Legal Reform
Understanding where and why voters are swinging back to harsher criminal justice laws right now is no easy issue. This is especially true considering that experts believe crime rates are largely back to a pre-pandemic level, with murder dropping significantly from 2023 onwards.
However, fears surrounding crime remain high, particularly as we saw Louisiana’s Jeff Landry blaming the Louisiana Justice Reinvestment Act for ‘rampant crime’ just last year. This belief alone saw Landry signing 19 bills into law last year, which included expanding methods of execution and reducing opportunities for parole.
There’s also a school of thought in which some believe the George Flloyd riots themselves, and the police pullback in the wake of that widespread social distrust, may be to blame for crime spikes. Subsequently, harsher laws and an increased police presence seem an obvious solution.
Whatever the reason, the fact remains the same – many states are returning to harsher policing methods as of January 2025. But what states are we referring to, and what are the laws in question? Let’s take a look.
A State-by-State Breakdown of 2025 Criminal Justice Laws
It’s worth noting that not every state is cracking down on crime this year. In fact, law changes seen across hundreds of new bills in Illinois fly directly against the harshening legal current. Amendments to the Illinois Crime Reduction Act of 2009 even see the term ‘offender’ replaced with ‘justice-impacted individuals’ in efforts to reduce the psychological impact of criminal law, and the need for interventions like PTSD treatment in the wake of legal proceedings.
But this is very much an exception to the rule, as can be seen when we look at the actions of other states as follows –
1) California
California’s newfound ‘tough-on-crime’ approach comes in the wake of recent peaks in retail losses in areas like Southern California, even though California’s retail and property laws are already some of the toughest seen across the US. The state announced that it would invest an additional $267 million into law enforcement to tackle the issue back in 2023. As a result, incarceration is back on the Californian crime menu, and defendants have more need for quality attorneys, and bond companies like Alana’s Bail Bonds, than ever before. In January of this year, further law changes also included –
Assembly Bill 1960: This bill mandates courts to impose enhanced sentences when defendants steal, damage, or destroy property over the value of $50,000.
Proposition 36: Voters backed Proposition 36 in November 2024. This relates to stricter penalties for repeat theft and crimes involving fentanyl. This is a direct rollback of progressive sentencing policies from a decade ago.
2) Colorado
Colorado voters have recently passed two new laws directly impacting the justice system. Most notably, Coloradoans passed a citizen initiative ballot measure in the 2024 election that requires people convicted of crimes to serve 85% of their prison time before reaching parole eligibility, as opposed to the previous 75%.
3) Washington
A Washington law that was proposed back in 2023 also went into effect this January and allows harsher penalties for people convicted of negligent driving that resulted in fatalities. Under this new law, judges can punish negligent drivers with 364 days of imprisonment, fines of up to $5,000, and a 90-day driving ban.
What Does Trump’s Second Term Mean For US Criminal Justice?
— Donald J. Trump (@realDonaldTrump) February 19, 2025
While Trump’s first term saw him signing the 2018 First Step Act to improve criminal justice ratings, he’s made no secret about his leanings toward tough crime. Many of the laws we’ve already discussed are consequences of last November’s election, and this is a trend that doesn’t look set to go anywhere soon.
Trump has already promised to seek stiffer sentences, including the death penalty, even though many voters continue to support reductions to incarceration rates. During his election campaign, Trump also painted an explicit picture of a crime-torn US, which he largely blames on mass immigration that has ‘brought crimes, drugs, misery, and death.’
The exact nature of Trump’s changes has yet to be seen, but he is already expected to repeal an executive order signed by Joe Biden in 2022, which concerned improved conditions in jails and restrictions on the use of things like chokeholds and no-knock entries.
Will Harsher Policies Drive Lasting Legal Change?
While it’s too early to say whether these harsher policies will drive genuine legal change, the reality remains that this is an interesting, and potentially problematic move. As mentioned, experts know that harsher sentences don’t always serve as a deterrent, and could instead exacerbate US incarceration rates which remain astoundingly high.
These recent legal changes also mark state splits, especially as areas like Illinois focus on legal and bail reform. Meanwhile, in areas like California, police presence and bail don’t look set to go anywhere soon. All of this comes even though, realistically speaking, crime rates are already down.
Trump’s focus, at least, seems far less concerned with factual crime data, and more to do with how people feel walking down the street. Certainly, an increased police presence and stricter approach provide safety benefits at a time when up to 70% of Americans report crime concerns. If this peace of mind results in happier residents, and a reduction in responsive crimes like knife and gun problems, then tough tactics may well end up serving a viable purpose after all. Of course, only time will tell, and in the meantime, the pendulum of US criminal justice will inevitably continue to swing.
