This article was published in partnership with the Marshall Project, a nonprofit news organization covering the U.S. criminal justice system. Sign up for their newsletters, and follow them on Twitter, Instagram and Facebook.
Whether Kamala Harris or Donald Trump is elected president in a couple of weeks will shape the lives of people behind bars just as surely as those of people outside. Those incarcerated live with the consequences of criminal justice policies every day. The candidates’ policies and pasts loom large as those behind bars consider who they would vote for if they could, and why.
Vice President Kamala Harris is a former prosecutor with a complicated legacy—marked by “tough on crime” policies during her tenure as San Francisco’s district attorney and California’s attorney general, as well as her efforts to implement reforms such as job training for first-time offenders and seeking accountability from major banks for aggressive foreclosure practices. Former President Donald Trump, meanwhile, has been convicted of 34 felonies for falsifying business records (his sentencing has been delayed until after the November election). But he also championed the First Step Act during his presidency, which permitted thousands of nonviolent federal offenders to leave prison early.
To understand how incarcerated people are thinking about the two candidates, the Marshall Project posed three questions:
Please share your thoughts on Kamala Harris and her qualifications to be president.
Some news outlets have said the election is between Kamala Harris, a cop, and Donald Trump, a convicted felon. What do you think of this framing?
Donald Trump was convicted of 34 felonies for falsifying business records. Please explain how you think the former president should be punished for his crimes.
Harris supporters highlighted her qualifications and legal expertise as crucial for effective presidential leadership. But many others were skeptical that her past as a prosecutor would prompt her to make the kinds of systemic changes they want in a punitive criminal justice system.
Many wrote about the stigma of being labeled a “felon,” which often overshadows opportunities for personal growth and redemption. Even if Trump were to face consequences, fines and probation might be more suitable than prison time, several said. This reflects a broader desire for fairness (although several respondents insisted that accountability must be universal—no one should be above the law).
Respondents critiqued the oversimplified “good guy vs. bad guy” narrative prevalent in news media coverage, calling for deeper conversations about the policies that directly affect their lives. This distrust highlighted the political alienation many feel, as respondents noted how the criminal justice system often fails marginalized communities and voiced their frustrations with its failures.
In more than 54,000 responses from people in jails and prisons across the United States, we found a range of opinions reflecting both open skepticism and guarded hope.
Here’s a closer look at their thoughts.
Please share your thoughts on Kamala Harris and her qualifications to be president.
I think that the Democratic Party’s “defeat Trump at all costs” strategy is leading the country into further discord. Instead of trying to find the best possible candidate, they are pinning all of their hopes on a woman that they have disparaged and ignored for the past 4 years. Resorting to Trump’s standard or demonizing him isn’t addressing the many issues that the people want addressed.
—Black undecided voter incarcerated in North Carolina
Although I don’t much care for the Democratic Party, I’d vote for Kamala just to see if having a woman president will change the way this country is run.
—Native American Harris supporter incarcerated in Arizona
Her past being a prosecutor is what us that are incarcerated do not like. It feels that she will become harsher on sentencing guidelines. We don’t want that. As much as she boasts about her being a prosecutor—and how she talks about Trump as a felon—makes us feel like the scum of society.
—Latino undecided voter incarcerated in Arizona
Since I’m not able to look into the information given to me, I have to be skeptical. I don’t remember there being much focus on her in the last election, but then again, by the time the Biden and Harris campaign started to move, I knew I was going to become a felon and lost interest in keeping track of politics. And if I’m being honest, I only do so now because it looks more and more like a drama-filled reality TV show.
—White undecided voter incarcerated in Nebraska
She’s qualified, I’m sure. I just find it hard to vote for someone who is hard on criminals when I am one.
—Latino Trump supporter incarcerated in California
I feel like the presidency is not a position for a prior prosecutor. Laws nowadays are already bad enough.
—Black Trump supporter incarcerated in Illinois
I think the way Joe Biden was pushed aside after receiving 14 million votes and put in his place Kamala Harris is unconstitutional. I don’t believe that she is even legitimate.
—White man incarcerated in Maine who wouldn’t vote
All I’ve heard [Harris] talk about is tax this and health care that, when that’s not even the biggest problem in our country. … Not once have I heard her say anything about criminal justice. She might as well be the Clintons and Biden back in the late ’70s calling us super predators. … The scales of a balanced and fair system are off kilter. She fixes that and then maybe she gains my vote.
—Black third-party supporter incarcerated in New York
I believe she has been a great asset to the White House as vice president. Her knowledge of border issues, ethical issues, women’s rights, etc. I believe she stands for positive change and growth. I believe she would be a great first woman president, but don’t think the United States is ready for a female chief commander of our nation.
—White Harris supporter incarcerated in Oklahoma
This is an interesting question because Kamala Harris by all intents and purposes has been known to be tough on crime. As the [attorney] general of California, she held a very unique position to help [curb] the mass incarceration agenda. Her qualifications of a seasoned politician certainly gives her the edge to know policy and how Capitol Hill runs and operates, I give her her just due in lieu of her experience. But, would I vote for her? No. No, I would not.
—Black third-party supporter incarcerated in Michigan
Personally, I don’t think she is qualified. I don’t know much about her qualifications. But sometimes, it sounds like she just says what she knows people want to hear (like most presidents) with no feasible plan to accomplish said promises.
—Latino third-party supporter incarcerated in Washington
I would never vote for a former prosecutor to be president. I’m leery enough to vote for anyone who is trained as an attorney to be president. Frankly, I’m becoming incredibly concerned about voting for anyone in the ruling class to be anything at this point.
—White third-party supporter incarcerated in Missouri
I think she can make a change and hopefully she [can] right some of her wrongs she did while she was a prosecutor, and I hope that she [can] help change the law for the guys doing life in prison for a crime we committed while we were 19 years old and 20 years old.
—Black Harris supporter incarcerated in Michigan
For me, the issue is in the past she’s sent people to jail for petty offenses like sending single mothers to jail for their children being truant, minor marijuana charges, and so on. So I ask this question in return: Will Kamala, after becoming POTUS, be willing to make some effective changes to the criminal “justice” system? Me personally, I don’t think so. Therefore, she would definitely NOT get my vote.
—Latino third-party supporter incarcerated in North Carolina
Some news outlets have said the election is between Kamala Harris, a cop, and Donald Trump, a convicted felon. What do you think of this framing?
There’s a stigma that comes with being a felon so I understand the phrasing. I mean technically he is a felon and she worked in the justice system so … yeah it fits. However, when I first heard this framing I felt hopeless as a felon. How can I expect to be taken seriously by my government/society when there’s such a strong expectation for Trump to be discarded for being a felon? Kinda makes me sympathetic to Trump.
—White Trump supporter incarcerated in Arizona
Donald Trump should NOT BE ALLOWED TO RUN! We can’t even vote with one felony, get a decent job or housing and he has 30+ and can be president, plus live in the White House and run our country! How sad is that?
—White Harris supporter incarcerated in Oklahoma
It is the truth. As a nation we need to find healing spaces, instead of always pushing for punishments. I don’t agree with the punishment element to prison, but I agree that people must be removed from society for bad acts. I just hope people learn that, felon or not, we need to work together to make America better.
—Black Harris supporter incarcerated in Ohio
I think body cams and other video footage in recent years have caused the average person to have a different perspective of law enforcement than they did post 9/11. There’s much more sympathy for justice-impacted persons, particularly for offenses considered trivial or political. Don’t get me wrong, Trump is definitely a criminal mastermind who hides behind influential contacts.
—Latino undecided voter incarcerated in California
Why does the title of convicted felon have to be the thing that defines who a person is? Donald Trump has done some amazing things in his life, and yet the only title he is given is convicted felon. That is what’s wrong with everyone. They only see a person for what they’ve done, not for who they are.
—White Harris supporter incarcerated in South Dakota
I think this is deliberately polarizing (not to mention a dig on felons). News outlets have been framing Trump as a villain, but no one remembers Kamala’s missteps as VP?
—Black undecided voter incarcerated in North Carolina
Sounds like the punchline to a bad joke. But in all honesty, I’d rather a cop become president than a convicted felon, and that’s coming from a convicted felon. [Trump] claims innocence, but he committed financial crimes and it’s pretty obvious he’s guilty. Trump wants to abandon our allies, and keep Roe v. Wade from being brought back and make abortion for ANY reason illegal, which is wrong. … I don’t know much about Kamala.
—White third-party supporter in North Carolina
I think that people need to do some homework on the history of the Americas. This country was built on the shoulders of our forefathers who were “banished” to the Americas. Our ancestors are immigrants, criminals, and the undesirables. … Very few people can say that they are untouched by the penal system. Most have either (they themselves) been in jail or prison, or have friends or family that have been. … Who gives a shit if Donald Trump is a convicted felon. … I bet a convicted felon can run this country better than some stuck-up stick in the mud…#FACTS!!!
—White Trump supporter incarcerated in West Virginia
It hurts the chances of formerly incarcerated individuals to be successful upon release.
—Asian man incarcerated in North Carolina who wouldn’t vote
They’re just trying to make Trump look bad. Who cares if he’s a felon? If he can do the job right, what does it matter?
—Latino third-party supporter incarcerated in Arizona
So what if Trump is a convicted felon? I am too. If anything, that makes me like him more. Ain’t like our justice system is elite or beneficial to the public.
—Black Trump supporter incarcerated in Ohio
[Harris] won’t use her position to help those people [like] me. And Donald Trump’s the same—at least he doesn’t hide who he is. He may be a felon, but she’s a phony. She also was not chosen by the people and he actually was.
—Latino third-party supporter incarcerated in California
As always, news outlets oversimplify issues into a polarized either-or option when the truth is much more nuanced.
—White Trump supporter incarcerated in New Jersey
As a woman in prison and a mother of a child who was murdered, the juvenile reasoning of “cop versus felon” is irritating. Not all felons are guilty and not all cops (criminal justice workers) are innocent. I believe the gap between the two just keeps getting smaller.
—White Harris supporter incarcerated in Oklahoma
I think Trump is a maniacal megalomaniac and would try to usurp the democratic process, not unlike Hitler or Mussolini.
—White Harris supporter incarcerated in North Carolina
Being a convicted felon doesn’t disqualify your expertise. He may not be perfect, but people weren’t mad when they were spending the free money he was giving us. I am on Donald Trump’s side because I’m not educated on any other party.
—White Trump supporter incarcerated in North Carolina
My time being incarcerated has taught me that there can be quite a substantial difference between cops and prosecutors. Some prosecutors prosecute cops. As someone who considers Trump a fascist, a prosecutorial president seems like the best way forward.
—White Harris supporter incarcerated in Arizona
Donald Trump was convicted of 34 felonies for falsifying business records. Please explain how you think the former president should be punished for his crimes.
• He should be fined
He is old. The crime was nonviolent. He has no criminal history. And imprisonment is a bad optic for the United States around the world. It also may make him a martyr, and we don’t want that.
—White man in Maine
• He should be incarcerated
NO ONE should be given special consideration, regardless of WHO you are or prior “circumstances” (meaning the office he held). The court system should ALWAYS be “blind”! Whatever the average person would be sanctioned is the same punishment he should receive, period.
—White woman in West Virginia
• He should be fined and put on probation
No matter how unfavorable a former president is, a former president should never be imprisoned. That would be a mockery to the rest of the world.
—Latino man in California
• He should be fined and put on probation
I believe in punishment that is fair. I would request that he get counseling to understand the exact nature of his wrongs. I don’t believe incarceration would create that space. I believe it would create more chaos and harm.
—Black man in California
• He should be fined
The left has already admitted that they would not have pursued prosecuting Trump if he was not running for president. I think this sets a dangerous precedent for weaponizing the judicial system against the opposing political party.
—White man in California
• He should be incarcerated
Do the crime, do the time.
—Latino man
• He should be incarcerated
In my opinion, a fine or probation isn’t enough to highlight the crimes that Trump committed. He is also accused of crimes related to the Jan. 6 attack on the Capitol (with plenty of evidence to support it). The man is one of the biggest criminals in recent history and incarceration is the “ultimate” punishment. No man is above the law.
—White man in California
• He should be incarcerated
34 counts, 34 felonies, 34 times he broke the law. I also would like to see people of his social status held accountable in the only way that truly hurts emotionally and socially. Also, even after the conviction he has spoken about what he did not being criminal, and I believe he should be incarcerated for the full length of his prison sentence or until he is able to demonstrate a complete understanding for why what he did was wrong.
—White man in Nebraska
• He should be fined and put on probation
Everything people do doesn’t deserve jail. I wouldn’t wish jail on my worst enemy. It should be illegal and should be banned. Jail is extremely inhumane.
—Black man in New York
• He should be fined and put on probation
The mega rich have been controlling society in this way for decades and more. 1%ers need to be exposed to the criminal justice system in order for them to begin to empathize with why it needs to change nationwide.
—Latino man in California
• He should be fined and put on probation
First-off, it is a white-collar crime, and to me, it really seems it was politically motivated because why wasn’t this brought up while he was in office? Then, everyone is always talking about nonviolent crimes. Well, it’s nonviolent.
—Black man in North Carolina
• He should be incarcerated
Growing up in the projects, I’ve seen men and women go not only to jail, but to prison for less. And besides, isn’t he the law and order candidate? If so, shouldn’t the fullest extent of the law apply to him as well?
—Latino man in North Carolina
• He should be incarcerated
It is a serious offense that has cost tax dollars. It shows the elite abusing power, and as a political leader, I believe one should be held to a higher standard.
—Native American man in Illinois
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