Ex-Prosecutor: Harsh Sentences Were Wrong

TL;DR

Former Chicago prosecutor Algis Baliunas argues harsh sentencing from the 1970s tough-on-crime era was misguided.
U.S. prison population rose from 200,000 to over 1 million, with many elderly inmates now low-risk.
System should reassess long sentences for aging prisoners to ensure fair, proportionate punishment.[[1]](https://www.nytimes.com/2026/04/14/opinion/tough-on-crime-harsh-sentencing.html?unlocked_article_code=1.a1A.A9EL.YvaD-l5HC-N4&smid=url-share)[[2]](https://www.nytimes.com/2026/04/14/opinion/tough-on-crime-harsh-sentencing.html)

The story at a glance

Algis Baliunas, a prosecutor in Cook County from 1973 to 1978, writes that he and colleagues wrongly pushed long prison terms amid high crime and Nixon-era drug crackdowns. Now a defense lawyer, he reflects on people he prosecuted who remain incarcerated into their 60s and 70s, with diminished risk. The piece appears now as debates over mass incarceration and sentencing reform continue.[[1]](https://www.nytimes.com/2026/04/14/opinion/tough-on-crime-harsh-sentencing.html?unlocked_article_code=1.a1A.A9EL.YvaD-l5HC-N4&smid=url-share)

Key points

In 1970s Chicago, prosecutors saw harsh sentences as essential to protect the public from lifelong dangerous criminals, rewarded by political culture.[[1]](https://www.nytimes.com/2026/04/14/opinion/tough-on-crime-harsh-sentencing.html?unlocked_article_code=1.a1A.A9EL.YvaD-l5HC-N4&smid=url-share)
Baliunas observes profound change in inmates over decades, including those he prosecuted, now elderly with health issues and low threat.[[1]](https://www.nytimes.com/2026/04/14/opinion/tough-on-crime-harsh-sentencing.html?unlocked_article_code=1.a1A.A9EL.YvaD-l5HC-N4&smid=url-share)
U.S. prisons grew from about 200,000 inmates when he started to over 1 million today; elderly prisoner numbers surged due to those policies.[[1]](https://www.nytimes.com/2026/04/14/opinion/tough-on-crime-harsh-sentencing.html?unlocked_article_code=1.a1A.A9EL.YvaD-l5HC-N4&smid=url-share)
Research, including a U.S. Sentencing Commission study, shows elderly releasees rarely reoffend.[[1]](https://www.nytimes.com/2026/04/14/opinion/tough-on-crime-harsh-sentencing.html?unlocked_article_code=1.a1A.A9EL.YvaD-l5HC-N4&smid=url-share)[[3]](https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2017/20171207_Recidivism-Age.pdf)
Baliunas concludes sentences often exceed public safety needs; justice system must review cases to keep punishment fair over time.[[1]](https://www.nytimes.com/2026/04/14/opinion/tough-on-crime-harsh-sentencing.html?unlocked_article_code=1.a1A.A9EL.YvaD-l5HC-N4&smid=url-share)

Details and context

Baliunas came up in an era of rising crime rates and national calls for tough measures, like Nixon's anti-drug push, which shaped prosecutorial norms in places like Chicago.[[1]](https://www.nytimes.com/2026/04/14/opinion/tough-on-crime-harsh-sentencing.html?unlocked_article_code=1.a1A.A9EL.YvaD-l5HC-N4&smid=url-share) He notes the culture made severity seem not just justified but required.

The 2017 U.S. Sentencing Commission report backs his view: offenders 65+ at release had just 13.4% rearrest rate over eight years, versus 67.6% for those under 21—showing age strongly cuts recidivism risk, even for serious histories.[[3]](https://www.ussc.gov/sites/default/files/pdf/research-and-publications/research-publications/2017/20171207_Recidivism-Age.pdf)

This personal reckoning highlights trade-offs in lifelong incarceration: initial deterrence versus costs of housing frail elderly, many no longer threats.

Key quotes

"We were wrong. I have seen people change behind bars in ways the criminal justice system did not anticipate."[[1]](https://www.nytimes.com/2026/04/14/opinion/tough-on-crime-harsh-sentencing.html?unlocked_article_code=1.a1A.A9EL.YvaD-l5HC-N4&smid=url-share) — Algis Baliunas

"I see now that sentences can be much harsher than what is needed to protect the public."[[1]](https://www.nytimes.com/2026/04/14/opinion/tough-on-crime-harsh-sentencing.html?unlocked_article_code=1.a1A.A9EL.YvaD-l5HC-N4&smid=url-share) — Algis Baliunas

Why it matters

Harsh sentencing fueled America's mass incarceration crisis, straining resources while holding low-risk elderly. For taxpayers and families, it means high costs for unnecessary imprisonment; for reform advocates, a prosecutor's admission lends credibility to release pushes. Watch state-level parole reviews and federal sentencing bills, though political pushback on crime could slow change.