What People Behind Bars Really Think About the ‘Cop vs. Felon’ Election

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 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 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 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.

Learn about how The Marshall Project is covering the 2024 election’s criminal justice and immigration issues across the U.S. and in our local news teams’ cities.

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