The Edward Byrne Memorial Justice Assistance Grant Program (JAG) is largely responsible for federally funding police departments. The amount of resources distributed by the program is directly proportional to law enforcement arrest data. While incentivizing arrests might appear to be a good motivator for police departments to keep communities safe, it has proven counterproductive. Byrne funding has exacerbated a variety of systemic issues within the criminal justice system. 

The JAG perpetuates mass incarceration and corruption in the justice system most notably through increasing wrongful conviction rates. In a desperate attempt to procure more funding from the program, police departments overextend and make unwarranted arrests. A 2002 report from the American Civil Liberties Union found 17 drug-related misconduct cases in Texas where police officers engaged in various dishonorable acts such as perjury and evidence tampering [1]. Similar studies in Kentucky, Missouri, and Massachusetts demonstrate that these scandals occur throughout the country. The Byrne Grant program fosters this dangerous mentality where police officers make arrests for statistics rather than prioritizing the safety of the community. This clarifies why there has been a 70% increase in wrongful arrests between 2017 and 2022 [2]. With an inherent rush to place more people behind bars, there is inevitably going to be less oversight and, consequently, more error. 

Byrne funding also plays a part in exacerbating racial inequality. Racial minorities are disproportionately harmed by the JAG as they become prime targets in a criminal justice system where departments are hurried to make arrests. The USC Dornsife Center for Economic Research finds that every $100 from the Byrne Grant funding leads to nearly 5 times as many arrests among black residents compared to white residents [3]. Evidently, this program is institutionalizing communities of color. High crime rates in minority communities are significantly disadvantageous, limiting their accessibility to property, education, and jobs [4]. Efforts to reduce racial disparities in the prison industrial complex seem futile after understanding that America’s police departments are federally funded by a system that marginalizes people of color. 

The Byrne Grant program has also been associated with rising police brutality. With minimal regulation, police departments can readily obtain equipment that is not strictly necessary. A majority of Byrne funding is utilized for anti-drug policing, which is linked to an increased number of military weapons in the hands of police officers [5]. More power and less oversight is a catalyst for police militarization. While some argue that powerful weaponry discourages crime, counties that attained the most high-grade weapons from the Byrne had twice as many police-involved deaths as compared to counties that didn’t have such equipment [6]. Evidently, the Byrne does not deter crime; it allows more unchecked power to be employed at the cost of American lives. 

Due to the wide array of problems that escalate systemic issues in the status quo, the Byrne JAG must be reformed. Monetizing arrests continues to increase wrongful convictions, racial inequalities, and police brutality. These systemic problems can be mitigated through more government oversight on the JAG.  This can happen in 2 ways.

1. Increased accountability for police departments: While police misconduct is criminal and often punished within our criminal justice system, police bureaus are exempt. Departments should receive funding deductions depending on the level of misconduct their officers exercise. In such a manner, they are financially incentivized to actively encourage honorable behavior among police officers. This punishment mechanism should reduce wrongful convictions and the racial targeting of minorities.

2. Expanded checks on military weaponry: The number of high-grade weapons in the hands of police departments is overwhelmingly high. There needs to be more federal regulation on how these weapons are both distributed and utilized. Departments should be forced to prove the necessity of their weapons to the Bureau of Justice annually. Additionally, there should be statutes and limitations in place for the employment of specific equipment. These requirements will establish stricter boundaries, making police militarization much more difficult.

Rather than creating a sense of safety in communities, the JAG reinforces discriminatory practices in the criminal justice system. While advocates of the program might argue that regulations can restrict the police’s ability to protect communities, these standards will only increase accountability within law enforcement. Increasing government oversight on the Byrne Grant program is necessary to advance racial equality and encourage ethical policing in America.