The writer is Koch Industries’ public policy director
“The true measure of our character is how we treat the poor, the disfavoured, the accused, the incarcerated, and the condemned,” writes social justice advocate Bryan Stevenson. That holds true for all of us, including businesses.
As corporations respond to the growing clamour for them to serve society beyond their investors, they should seize the opportunity to drive meaningful reforms of the US justice system. Just as businesses constantly improve the products and services they deliver to their customers, so too must they support reforms that help more people improve their lives.
The American system of justice in both the civil and criminal courts is characterised by completely inadequate defence lawyers for the poor, excessive fines and devastating life-long impacts — on both crime victims, whose needs are often unmet, and on offenders and their families. This system does not work for the American people and it doesn’t work for business.
Many of the individuals trapped in destructive cycles of incarceration and punishment are our customers and our employees. According to the Fines and Fees Justice Center, more than 11m drivers’ licenses are suspended across the US for unpaid tickets and court fines, severely hindering people from contributing to the local economy, with no marked benefit to public safety. They struggle to go to work, to shop, to go to church, to pick up their kids from school, to do the things most of us take for granted. That is why Koch Industries, JPMorgan Chase and Uber are working alongside civil liberties groups and others around the country to put an end to debt-based license suspensions.
More and more, top US companies are weighing in on the current state of justice. Verizon committed to seeking a “more equitable and effective” justice system, while Amazon’s top lawyer David Zapolsky argued that “the rule of law paves the way for prosperity”, as he called for improvements to civil justice.
Even more significantly, businesses are creating opportunities for people who have been embroiled in the legal system. Ten per cent of the 20,000 people hired by JPMorgan in 2018 had some form of criminal record. Bank of America is working with Unlocked Futures, an accelerator supporting formerly incarcerated entrepreneurs. In 2015, Koch Industries stopped asking about past convictions on all job applications, which has led to the hiring of hundreds of qualified individuals with criminal records. Starbucks has made second-chance hiring a key part of their culture and others are joining the new Responsible Business Initiative for Justice.
This growing coalition of businesses committed to delivering meaningful second chances is badly needed across the US. Last month there were 5.8m unemployed Americans and another 4.1m were working part time, even though they would have preferred full-time employment. Yet there are 6.8m job openings. Many employers are struggling to find and retain talent.
At Koch, the commitment to criminal justice reform transcends our core business operations. Two years ago we successfully advocated in our home state of Kansas for a state Supreme Court rule change that allows more in-house attorneys to provide pro bono legal services to their communities. In 2018, our employees worked with 20 individuals to help make them more employable by expunging 37 minor, non-violent convictions from their records. In 2019, 33 Koch employees teamed up with Kansas Legal Services to help Wichita residents expunge old criminal convictions.
But systemic change will not happen on its own. Businesses must demand judicial systems that prioritise public safety and victims, that ensure every defendant has a zealous advocate, and set rehabilitation and reintegration as their goals. This cause reaches across political divides. We must — to echo 19th-century reformer Frederick Douglass — unite with anybody to do right.
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