Wednesday, July 03, 2013

"Administrative Segregation, Degrees of Isolation, and Incarceration: A National Overview of State and Federal Correctional Policies"

The title of this post is the title of this important new report emerging from a group of researchers working at Yale Law School.  The report provides a soberly fitting and depressing way to launching into a holiday weekend celebration American freedoms.  Here is the abstract:

This report provides an overview of state and federal policies related to long-term isolation of inmates, a practice common in the United States and one that has drawn attention in recent years from many sectors. All jurisdictions in the United States provide for some form of separation of inmates from the general population. Prison administrators see the ability to separate inmates as central to protecting the safety of both inmates and staff. Yet many correctional systems are reviewing their use of segregated confinement; as controversy surrounds this form of control, its duration, and its effects.

The debates about these practices are reflected in the terms used, with different audiences taking exceptions to each. Much of the recent public discussion calls the practice “solitary confinement” or “isolation.” In contrast, correctional facility policies use terms such as “segregation,” “restricted housing,” or “special management,” and some corrections leaders prefer the term “separation.”

All agree that the practice entails separating inmates from the general population and restricting their participation in everyday activities; such as recreation, shared meals, and religious, educational, and other programs. The degree of contact permitted — with staff, other inmates, or volunteers — varies. Some jurisdictions provide single cells and others double; in some settings, inmates find ways to communicate with each other. The length of time spent in isolation can vary from a few days to many years.

This report provides a window into these practices. This overview describes rules promulgated by prison officials to structure decisions on the placement of persons in “administrative segregation,” which is one form of separation of inmates from the general population. Working with the Association of State Correctional Administrators (ASCA), the Arthur Liman Program at Yale Law School launched an effort to review the written policies related to administrative segregation promulgated by correctional systems in the United States. With ASCA’s assistance, we obtained policies from 47 jurisdictions, including 46 states and the Federal Bureau of Prisons.

This overview provides a national portrait of policies governing administrative segregation for individuals in prisons, outlines the commonalities and variations among jurisdictions, facilitates comparisons across jurisdictions, and enables consideration of how and when administrative segregation is and should be used. Because this review is of written policies, it raises many questions for research – about whether the policies are implemented as written, achieve the goals for which they are crafted, and at what costs. Information is needed on the demographic data on the populations held in various forms of segregated custody, the reasons for placement of individuals in and the duration of such confinement, the views of inmates, of staff on site, and of central office personnel; and the long-term effects of administrative segregation on prison management and on individuals. Without such insights, one cannot assess the experiences of segregation from the perspectives of those who run, those who work in, and those who live in these institutions.

July 3, 2013 in Data on sentencing, Detailed sentencing data, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (5) | TrackBack

Saturday, June 29, 2013

The great NYC homicide decline continues

As reported in this New York Times article, the "number of homicides on record in New York City has dropped significantly during the first half of the year — to 154 from 202 in the same period last year — surprising even police officials who have long been accustomed to trumpeting declining crime rates in the city." Here is more:

Police Commissioner Raymond W. Kelly attributed much of the drop to a new antigang strategy meant to suppress retaliatory violence among neighborhood gangs. Police officials also credited their efforts at identifying and monitoring abusive husbands whose behavior seemed poised to turn lethal.

The recent decrease in violence is all the more striking because last year the department recorded the fewest homicides since it began a reliable method of compiling crime statistics half a century ago. The police recorded 419 murders in 2012.

“By far, it was the lowest, and guess what?” Commissioner Kelly said Friday morning before going on to announce that the number of murders this year was running about 25 percent below even that record year. “In my business, in our business, this is miraculous. These are lives that are being saved.”

The relationship between the drop in murders and the department’s controversial policy of stopping, questioning and sometimes frisking people on the street was hard to immediately divine.

On the one hand, Mayor Michael R. Bloomberg and Mr. Kelly have cited the declining murder rate as a vindication of their policing strategies, which rely heavily on the stop-and-frisk tactic. On the other, stop-and-frisks have dropped off considerably in the last 15 months, suggesting that the drop in murders might have been a result of other factors.

In the first three months of 2012, police records indicate, there were 203,500 stops. But in the first three months of this year, the police recorded fewer than 100,000 stops.

Over the last two decades, the decline in murders in New York has been greater than in other parts of the country. (In the early 1990s, when Mr. Kelly spent a little more than a year as police commissioner, the first of his two stints in the job, the city was coping with about 2,000 murders annually.)...

Noting how the latest reduction of violence coincided with a diminishing number of street stops, some civil rights lawyers have grown more vocal in questioning not only the legality but also the effectiveness of stop-and-frisk tactics.

But police commanders point to what they say is the long half-life of the deterrent effect of stop-and-frisk, saying that criminals may decide to leave their guns at home because they have been stopped in the past, even if the odds of a stop have decreased in recent months. And the police say the decrease in violence has most likely led to a corresponding decrease in suspicious behavior, which results in fewer stops.

June 29, 2013 in Data on sentencing, National and State Crime Data | Permalink | Comments (5) | TrackBack

Sunday, June 23, 2013

Notable condemned and notable execution milestone in Texas this week

ALeqM5isr0UjoSbtDZB5JK5wuDkRMIj62wAs reported in this international news piece from AFP, headlined "Texas prepares to execute 500th prisoner," a scheduled execution in Texas this coming week is drawing more than the usual attention for a number of reasons. Here is some context:

The US state of Texas is preparing to execute its 500th convict since the death penalty was restored in 1976, a record in a country where capital punishment is in decline elsewhere.

On Wednesday, in the absence of a last minute pardon, 52-year-old Kimberly McCarthy will receive a lethal injection in Huntsville Penitentiary for the 1997 murder of 71-year-old retired college professor Dorothy Booth. "What we do is we carry out court orders," said Jason Clark, spokesman for the Texas Department of Criminal Justice. "It's our obligation to carry this execution out."

Activists opposed to the death penalty are due to gather at the red brick state prison, known as the "Walls Unit," to mark the milestone with a protest against a punishment they regard as a holdover from another age.

In 1976, the US Supreme Court lifted a moratorium on the use of the death penalty and since that date 1,336 have been executed across the country, more than a third of them in Texas alone. "It is obviously still the leader of executions in the nation, but it is limited to a handful of counties," said Steve Hall of the StandDown Texas Project, which has campaigns for a new moratorium....

Richard Dieter of the Death Penalty Information Center, an academic watchdog, agreed. "Despite this major milestone, we expect the total number of executions to be less than last year and a new drop in death sentences," he said.

According to DPIC's figures, there are 3,125 convicts on death row in the United States and, if Wednesday's execution goes ahead, McCarthy will be the 17th prisoner put to death in the first six months of 2013.... American juries are also imposing capital punishment in fewer cases, with only 78 death sentences last year, down by around three-quarters since the 1990s -- although violent crime is also down.

And, while 32 of the 50 US states still have the death penalty on the books, many have imposed a de facto moratorium, with few or none of the executions carried out and convicts languishing on death row....

"By measurements like the number of executions, death sentences and states, the death penalty is in decline," admitted Robert Blecker, a professor at New York Law School. "But, in terms of the popular support, that is fairly constant. It is not in decline," he said, noting that the proportion of voters backing execution always increases in the wake of "egregious" crimes.

Opinion polls consistently show that between 60 and 65 percent of Americans back the death penalty, indicating that support goes beyond the roughly 50-50 left-right divide in US electoral politics.

This local piece from the Austin Chronicle discusses the specifics of the notable defendant now poised to be number 500 in Texas.  Here is how it begins:

With the execution of Kimberly McCarthy slated for June 26, Texas is on the eve of a historic first: The first state to have executed 500 individuals since reinstatement of the death penalty — an event that also extends Gov. Rick Perry's record as the U.S. governor presiding over the most executions ever carried out.  McCarthy is slated not only to be tagged with the infamous fate of 500, but will also become only the fifth woman — and the third black woman — executed in Texas since 1854.

McCarthy, who was previously married to New Black Panther Party founder Aaron Michaels, was sentenced to die for the 1997 robbery-murder of her 71-year-old neighbor, retired professor Dorothy Booth.  Accord­ing to the state, McCarthy's crack cocaine addiction led her to employ a ruse — she needed to borrow sugar, she told Booth — in order to get into Booth's house.  Booth was repeatedly stabbed, and her finger, with ring on it, was cut off. Booth's car and credit cards were also stolen; McCarthy told police she pawned the items to get money for drugs.

June 23, 2013 in Data on sentencing, Death Penalty Reforms, Offender Characteristics, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (3) | TrackBack

Friday, April 26, 2013

A data-based exploration of prison growth and the drug war

I am very pleased to see that John Pfaff is guest-blogging over at PrawfsBlawg about the modern growth in US prison populations and the role that the drug war may or may not have played in this story.  Here are his first three posts in a series that is a must-read for a number of reasons:

April 26, 2013 in Data on sentencing, Detailed sentencing data, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (0) | TrackBack

Friday, April 19, 2013

"How can a member of the US Sentencing Commission promote federalism?"

The question in the title of this post is one astute query by a commentor in response to my recent post here highlighting that Eleventh Circuit Judge William Pryor, whom President Obama nominated to the US Sentencing Commission earlier this week, has written about the need for the federal criminal justice system to be more attentive to federalism concerns.  There are lots of possible answer to this question, but the following passage from the article in the Ohio State Journal of Criminal Law, Federalism and Sentencing Reform in the Post-Blakely/Booker Era, 8 Ohio St. J. Crim. L. 515 (2011), provides an answer in Judge Pryor's own words:

One answer to the current challenges to sentencing reform is to add federalism to our national conversation.  A comprehensive report on sentencing by the U.S. Sentencing Commission, as the Department of Justice suggests, is a good idea, but one of the subjects of the report should be the balance of federal and state power.  The Commission should consider and evaluate to what extent the problems of disparities, complexity, and unpopularity of the post-Booker guidelines are related to the federalization of crime.  The Commission should evaluate to what extent federal prosecutions of certain types occur more frequently in states with failed indeterminate systems and less frequently in states with successful guideline systems.  It should ask to what extent federal judges disrespect guidelines where the underlying crimes are more local in nature and differences of opinion about punishment vary more by region.  It should consider whether sentencing disparities occur under the advisory guidelines either on a regional basis from one district to another or within districts from one judge to another, and should consider what those disparities mean with respect to federalism.  The Commission is in a better position than most institutions to ask what federal sentencing policies and practices tell us about the balance of federal and state powers.

Disappointingly, the US Sentencing Commission's recently released reports about post-Booker sentencing practices and about federal child porn sentencing, despite being massive and dense with data about all sorts of federal sentencing realities, included no focused exploration of the relationship between federal sentencing practices and state and local sentencing developments.  Perhaps if (and I hope when) Judge Pryor is confirmed to join the USSC, he can and will champion an effort to produce follow-up reports focused specifically on these kinds of federalism concerns.

Recent related posts:

April 19, 2013 in Data on sentencing, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (4) | TrackBack

Monday, March 25, 2013

New report assails Massachusetts sentencing and corrections policies and practices

CostofPrisonJPGThumb.ashxThis lengthy article from the Boston Globe discusses a big new forthcoming report highlighing failings in the sentencing and punishment systems in Massachusetts.  The article is headlined "Report slams state for lack of corrections reform: Crime down, prison costs up as study urges shorter sentences, focus on parole," and it gets started this way:

Despite steeply declining violent crime rates, the percentage of Massachusetts residents behind bars has tripled since the early 1980s, as the Commonwealth has clung to tough-on-crime laws that many other states have abandoned as ineffective, according to a study being released this week.

The 40-page report — endorsed by a coalition of prominent former prosecutors, defense attorneys, and justice officials — slams the state for focusing too much on prolonged incarceration, through measures such as mandatory minimum sentences, and for paying too little attention to successfully integrating prisoners back into society.

This is not just a social justice issue, the coalition argues, but a serious budgetary problem. The report estimated that policies that have led to more Draconian sentences and fewer paroles have extended prison stays by a third since 1990, costing the state an extra $150 million a year.

“It’s an odd set of numbers: crime going down while prison populations are still going up,” said Greg Torres, president of MassINC, the nonpartisan research group that commissioned the study. “What the report shows is that it’s a problem with the corrections systems front and back doors — sentencing and release.”

The study says Massachusetts, with its rising prison population, is heading in the opposite direction of several more traditionally law-and-order states — many of which have changed sentencing requirements, closed prisons, and cut costs. While other states have seen drops in incarceration in conjunction with falling crime rates, Massachusetts has seen the opposite.

In addition to the longer prison stays, Torres said, a reduction in post-release supervision has left Massachusetts with a recidivism rate higher than many other states, which in turn has sent more offenders back to prison. New data in the report show that six of every 10 inmates released from state and county prisons commit new crimes within six years. If the recidivism rate was cut by 5 percent, the report says, Massachusetts could cut $150 million from its more than $1 billion corrections budget.

Released in partnership with the newly formed grouping of law-enforcement officials, which is called Criminal Justice Reform Coalition, and Community Resources for Justice, a social justice nonprofit group, the report issues include a moratorium on the expansion of state prisons, reexamining sentencing guidelines, and expanding prerelease programs. “In the last 10 years we’ve learned a lot about what doesn’t work,” said John Larivee, chief executive of Community Resources for Justice and coauthor of the report.

One key to changing the state’s corrections system, the report’s authors stress, is building bipartisan consensus so neither side can later be accused of being soft on crime. “There’s more bipartisan common ground than you might expect,” said Wayne Budd, a Republican who is one of the reform coalition’s three co-chairmen.

In addition to Budd, the coalition is led by Kevin M. Burke, former state secretary of public safety, and Max D. Stern, president of the Massachusetts Association of Criminal Defense Lawyers.

UPDATE:  The full 40-page report, which is titled "Crime, Cost, and Consequences: Is it Time to Get Smart on Crime?," is now available via this link.

March 25, 2013 in Data on sentencing, Purposes of Punishment and Sentencing, Reentry and community supervision, Scope of Imprisonment, State Sentencing Guidelines, Who Sentences? | Permalink | Comments (7) | TrackBack

Saturday, March 16, 2013

"Sentencing Policy Adjudication and Empiricism" with a focus on federal child porn sentencing

The title of this post is drawn from the basic title of this notable new and timely article by Melissa Hamilton now on SSRN and just titled "Sentencing Policy Adjudication and Empiricism."  Here is the abstract, which highlights why this piece is especially a must-read for anyone working on federal child porn cases:

Federal sentencing is in disarray with a raging debate pitting Congress, the United States Sentencing Commission, and the federal judiciary against each other.  Ever since the Supreme Court rendered the federal guidelines as merely advisory in United States v. Booker, the rate of variances from guidelines’ recommendations has increased.  After the Supreme Court in Kimbrough v. United States ruled that a sentencing judge could reject the crack cocaine guideline for a policy dispute with a Commission guideline, the variance rate has risen further still.  While Booker/Kimbrough permits the judiciary some discretionary authority, it is threatening to the Commission and the legitimacy of its guidelines.

The downward variance rate is at its most extreme with a very controversial crime: child pornography offending.  The courts are in disagreement as to whether, as a matter of law, a sentencing judge has the authority to use a Kimbrough-type categorical rejection of the child pornography guideline. Through a comprehensive review of federal sentencing opinions, common policy objections to the child pornography guideline are identified. The guideline is viewed as not representing empirical study, being influenced by Congressional directives, recommending overly severe sentences, and resulting in both unwarranted similarities and unwarranted disparities. The issue has resulted in a circuit split. This article posits a three-way split with four circuit courts of appeal expressly approving a policy rejection to the child pornography guideline, four circuits explicitly repudiating a policy rejection, and three circuits opting for a more neutral position.  A comprehensive review of case law indicates that the circuit split is related to unwarranted disparities in sentencing child pornography offenders nationwide. This assessment was then corroborated by empirical study.

The Sentencing Commission’s dataset of fiscal year 2011 child pornography sentences were analyzed to explore what impacts policy rejections and the circuit split may have on actual sentences issued.  Bivariate measures showed statistically significant correlations among relevant measures.  The average mean sentence in pro-policy rejection circuits, for example, was significantly lower than in anti-policy rejection circuits.  A multivariate logistic regression analysis was employed using downward variances as the dependent variable.  Results showed that that several circuit differences existed after controlling for other relevant factors, and they were relatively consistent with the direction the circuit split might suggest.

The article concludes that the child pornography guideline suffers from a multitude of substantial flaws and deserves no deference.  It also concludes that there are no constitutional impediments to preventing a district judge from categorically rejecting the child pornography guideline.  Booker and its progeny stand for the proposition that there are no mandatory guidelines, even if a guideline is the result of Congressional directive.

Some recent related posts:

March 16, 2013 in Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines, Procedure and Proof at Sentencing, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (15) | TrackBack

Wednesday, March 06, 2013

Ohio completes its 50th execution in modern era

As reported in this new AP report, headlined "Ohio executes man who fatally shot security guard," my own great state of Ohio has this morning reach a notable modern death penalty milestone. Here are the basics:

A man who fatally shot an adult bookstore security guard in 1994 at the end of a multistate crime spree was executed on Wednesday.

Frederick Treesh received a single powerful dose of pentobarbital and was pronounced dead at 10:37 by Donald Morgan, warden of the Southern Ohio Correctional Facility in Lucasville. Treesh was sentenced to die for killing Henry Dupree in Eastlake east of Cleveland on Aug. 27, 1994.

Treesh, in a last statement, apologized for the death of Dupree, but said he wouldn't say he was sorry to family members of a video store clerk killed in Michigan who were witnessing the execution. "I've never been tried, I've never been charged," he said. After a few more comments he said, "If you want me murdered, just say it."

Treesh was the 50th inmate put to death by the state since it resumed executions in 1999.

Gov. John Kasich denied Treesh clemency last week, following the recommendation of the state parole board, which ruled unanimously last month that the evidence showed Dupree was seated when shot and hadn't shown any sign of being a threat to Treesh. The board also said Treesh's decision to shoot a clerk in the face as he left the store suggests Treesh's "murderous intent" when coming to the store. Treesh and his co-defendant "gratuitously brutalized, humiliated and killed innocent people, most of whom, like Dupree, posed no real or perceived threat to them," the board said.

Prosecutors say Treesh, 48, and the co-defendant robbed banks and businesses, committed sexual assaults, stole cars, committed carjackings and shot someone to death in a Michigan robbery during a spree that also took them to Indiana, Iowa, Minnesota and Wisconsin.

Just a decade ago, Ohio was among a number of large industrial and western states with a fairly large death row but few actual executions. States still in that category include California, Nevada and Pennsylvania and used to include Illinois.

But now Ohio in among the ranks of mostly southern states that have completed more than 50 executions in the post-Furman modern death penalty era. Via this page at the Death Penalty Information Center, here is a list of the states that Ohio has now joined (with their total modern executions in parentheses):

Texas (493)

Virgina (110)

Oklahoma (102)

Florida (74)

Missouri (68)

Alabama (55)

Georgia (53)

March 6, 2013 in Data on sentencing, Death Penalty Reforms, Detailed sentencing data, Who Sentences? | Permalink | Comments (42) | TrackBack

Tuesday, March 05, 2013

The many (impossible?) challenges of federal child pornography sentencing

The title of this post is inspired in part by the US Sentencing Commission's recent report, which highlights many of the flaws with the current child porn sentencing guidelines and set forth a number of ideas and needs for effective reform (basics here and here).  But what is really driving it is this new local article reporting on a federal sentencing in Maine, headlined "‘There will be no more victims,’ judge tells man at child pornography sentencing."  First, here are the basics of the sentencing story:

“There will be no more victims of Walter Mosher,” a federal judge told the 65-year-old convicted sex offender Monday in sentencing him to more than a dozen years in prison for possessing child pornography.

U.S. District Judge John Woodcock sentenced Walter A. Mosher Jr. of Hampden to 12 years and seven months behind bars. The judge also ordered him to remain on supervised release for life when he is released.

Mosher is scheduled to be sentenced Wednesday at the Penobscot Judicial Center on one count of gross sexual assault. Mosher reported to police through his attorney that he molested a boy under the age of 14 between Feb. 1, 2011 and March 1, 2012, according to the sentencing memorandum filed in federal court by his attorney, Jeffrey Silverstein of Bangor. Mosher pleaded guilty to the Class A crime Nov. 21 at the Penobscot Judicial Center.

Under the federal sentencing guidelines, Woodcock was allowed to consider Mosher’s recent guilty plea as “relevant conduct” in connection with the possession of child pornography charge, even though the victim was not depicted in the images found on Mosher’s computer. The federal judge focused on the sexual abuse of the child as he directed his comments at Mosher.

“There are some cases in this court that cry out for justice and yours is one of them,” Woodcock told Mosher shortly before sentencing him. “This was an inexplicable and hideous violation of trust. What we’ve seen today is just the tip of the iceberg of pain you have caused.” A parent of the victim told the judge that Mosher needed “to go away, and go away for a very long time.”

Mosher was required to register as a sex offender because he was convicted in 1986 in Aroostook County Superior Court in Houlton in connection with the molestation or abuse of 15 minors, according to the sentencing memorandum. Since serving 11 years on the 1986 charges, Mosher was not charged with another crime until he was indicted by a federal grand jury on March 15, 2012, according to court documents.

In an emotional statement, Mosher described in graphic detail how he was sexually abused as a child by a female relative. He said that when he committed his earlier crimes, he was going through a divorce and drinking heavily. “I am deeply ashamed and sorry for what I have done,” he told Woodcock. “I don’t know why I have done these things. I have no idea how I got to a place to do these horrible things.”

Mosher has been held without bail since his arrest the day after he was indicted. Mosher pleaded guilty to possession of child pornography in June in federal court. According to court documents, Mosher’s computer contained images of child pornography, specifically digital images and videos that were produced using minors engaged in sexually explicit conduct....

Because of his 1986 convictions, Mosher faced a minimum of 10 years in federal prison and a maximum of 20 years and a fine of up to $250,000. On the gross sexual assault charge, Mosher faces up to 30 years in state prison and a fine of up to $50,000.

Even without knowing any more that these most basic details about the defendant in this case or the particulars of his crime, it is easy to see all the tough questions facing Chief Judge Woodcock: e.g., should the defendant's federal child porn sentence here be longer (or shorter) given that he is surely soon to get a lengthy state sentence for gross sexual assault? should the defendant's recidivism at such an advanced age mean that a federal sentence now should try to ensure Mosher dies in prison, or should the sentence at least offer the defendant a glimmer of hope that he might be able to be free again in his 80s? With the facts of the criminal and the defendants criminal history so troublesome, should the defendant get much (if any) credit for pleading guilty and accepting responsibility?

I could go on and on highlighting all these challenges in this one case, but what really caught my attention when reviewing this article was these notably disparate headlines below the piece noting "similar articles":

In turn, a quick search for headlines from the same local Maine paper (the Bangor Daily News) revealed these additional sentencing headlines concerning the disposition of child porn charges over just the last 24 months:

A quick click through to a number of these article reveals that there are a number of striking parallels as well as a number of striking differences in the offenses and offenders in these cases.  Nevertheless, I still find notable and telling that even in a small and seemingly homogeous federal district like Maine, here is an accounting of the number of months in prison given to 10 child pornography offenders (going from lowest to highest sentence):

6 months; 12 months; 60 months; 84 months; 151 months; 192 months; 192 months; 240 months; 300 months; 340 months

The point of my post here is not to assert or even suggest that any of these referenced sentences is right or wrong or should be higher or lower.  Without spending a lot more time looking through the facts of all these cases, I think it is extremely hard to reach even a tentative conclusion about this pattern of sentencing result.  But that is my main broader point: there is, of course, a pressing interest and enduring goal for everyone involved to try to determine the "right" sentence in federal child pornography cases not only in each individual case, but also across a range of cases.  But, these cases all necessarily raise so many important and challenging issues, I wonder and worry if the goal to get federal child pornography sentencing "just right" is a kind of "fool's gold" that many will pursue at a great cost but ultimately with little of value to show from the pusuit.

Recent related posts:

March 5, 2013 in Booker in district courts, Data on sentencing, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Scope of Imprisonment, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (25) | TrackBack

Wednesday, February 27, 2013

US Sentencing Commission releases big new report on federal child porn sentencing

As reported in this official press release, this morning "the United States Sentencing Commission submitted to Congress its comprehensive report examining federal sentencing policy in child pornography cases." Here is more from the press release, which serves as a partial summary of the 468-page(!) report (which is available in full here):

Although still only a small percentage of the overall federal caseload, child pornography prosecutions have grown significantly during the past decade and now account for nearly 2,000 federal cases each year.  That growth reflects the increasing role of the Internet in child pornography offenses.  Before the Internet, law enforcement officers had significantly curtailed the child pornography market in the United States.

Significant technological changes in offenders’ conduct have occurred since the federal penal statutes and sentencing guidelines for child pornography offenses were last amended comprehensively a decade ago.  Child pornography offenders today typically use Internet technologies such as peer-to-peer file-sharing programs that enable offenders to distribute, receive, and collect child pornography images more easily and in greater quantities than when the current penalty structure was established.  Several penalty enhancements in the guidelines for child pornography offenses,such as use of a computer, now apply to typical offenders.  As a result, prison sentences for efendants convicted of federal child pornography offenses have almost doubled in the last decade to approximately five years for possession and 11 years for receipt and distribution.

Judge Saris concluded, “Because of changes in the use of Internet-based technologies, the existing penalty structure is in need of revision.  Child pornography offenders engage in a variety of behaviors reflecting different degrees of culpability and sexual dangerousness that are not currently accounted for in the guidelines.”

The Commission’s study found that approximately one in three federal child pornography offenders had a known history of engaging in illegal sexual misconduct prior to or in conjunction with their federal child pornography offenses.  Such illegal behavior ranged from sexual assaults against children to “non-contact” sex offenses such as soliciting self-produced sexual images from minors in on- line communication. The Commission’s recidivism study also concluded that approximately 7 percent engaged in illegal sexual misconduct after serving their sentences for federal child pornography offenses.  Both figures should be considered conservative because such offenses are underreported....

Judge Saris stated, “The Commission will continue to study child pornography sentencing practices, and looks forward to working with Congress on developing a sentencing scheme that serves to better distinguish offenders, thereby reducing unwarranted sentencing disparities in these serious crimes.”

All the pieces of this important new report are available via this link. The press release summary alone suggests there is considerable food for sentencing thought in this important new USSC report, and I am going to start my view by reading closely the 26-page executive summary available here.

I expect a lot more posts on this topic will following the days ahead. And in addition to digging into the substance of this report, I also will be keeping on eye on how federal officials in other branches and the media respond to what the USSC has to say.

February 27, 2013 in Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines, Offense Characteristics, Scope of Imprisonment, Sex Offender Sentencing, Who Sentences? | Permalink | Comments (7) | TrackBack

Thursday, February 21, 2013

US Sentencing Commission website back in action with full Booker report and FY 2012 sentencing data

I am very pleased to have discovered tonight that the US Sentencing Commission, just less than a month after Anonymous hacked into its website (basic here), now has its website up and running again.  And not only is the USSC website back, but it is now better than ever with these two new big sets of materials:

NEW Report to Congress on the Continuing Impact of United States v. Booker on Federal Sentencing

This report assesses the continuing impact on the federal sentencing system of the Supreme Court's decision in United States v. Booker.

NEW Final FY12 Quarterly Sentencing Update

This report includes an extensive set of tables and charts presenting fiscal year quarterly data on cases in which the offender was sentenced during fiscal year 2012. The report also provides an analysis of sentencing trends over five years for several key sentencing practices.

Congrats to the USSC for getting its on-line house back in order. I for one truly missed the USSC website when it was gone.

Recent related posts:

February 21, 2013 in Booker and Fanfan Commentary, Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines, Who Sentences? | Permalink | Comments (0) | TrackBack

Sunday, February 17, 2013

If you are eager for access to all parts of the new US Sentencing Commission Booker report...

Federal practitioner Mark Allenbaugh has posted via this special page (which is part of his firm website) all the separate parts of the US Sentencing Commission's massive report on the post-Booker federal sentencing system. 

Regular readers will recall that I had the honor, via this post, of being the first website to post Part A of the new USSC Booker report (and an accompanying press release) due to the technical difficulties facing the USSC website thanks to the Anonymous scoundrals.  I has been hoping, now a full three weeks after the US Sentencing Commission's website was hacked up and taken down, that the USSC would have its on-line home back in working order.  But, as of this writing, the USSC's main webpage is still "under construction." 

Word among those in the know is that, within the next few weeks, the US Sentencing Commission will also be releasing a big new report about federal child porn sentencing.  I remain hopeful that the USSC's website will be back in action by the time the CP report is ready.  But I suppose only time will tell.

Recent related posts:

February 17, 2013 in Booker and Fanfan Commentary, Booker in district courts, Booker in the Circuits, Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines, Who Sentences? | Permalink | Comments (0) | TrackBack

Friday, February 15, 2013

Wall Street Journal covers USSC's new Booker report (and its unusual coverage)

The Wall Street Journal has a pair of new pieces based on the US Sentencing Commission's recently released Booker report.  This main one has this provocative headline "Racial Gap in Men's Sentencing," and here are excerpts:

Prison sentences of black men were nearly 20% longer than those of white men for similar crimes in recent years, an analysis by the U.S. Sentencing Commission found.   That racial gap has widened since the Supreme Court restored judicial discretion in sentencing in 2005, according to the Sentencing Commission's findings, which were submitted to Congress last month and released publicly this week.

In its report, the commission recommended that federal judges give sentencing guidelines more weight, and that appeals courts more closely scrutinize sentences that fall beyond them.

The commission, which is part of the judicial branch, was careful to avoid the implication of racism among federal judges, acknowledging that they "make sentencing decisions based on many legitimate considerations that are not or cannot be measured."

Still, the findings drew criticism from advocacy groups and researchers, who said the commission's focus on the very end of the criminal-justice process ignored possible bias at earlier stages, such as when a person is arrested and charged, or enters into a plea deal with prosecutors.

"They've only got data on this final slice of the process, but they are still missing crucial parts of the criminal-justice process," said Sonja Starr, a law professor at the University of Michigan, who has analyzed sentencing and arrest data and found no marked increase in racial disparity since 2005....

In the two years after the Booker ruling, sentences of blacks were on average 15.2% longer than the sentences of similarly situated whites, according to the Sentencing Commission report.  Between December 2007 and September 2011, the most recent period covered in the report, sentences of black males were 19.5% longer than those for whites. The analysis also found that black males were 25% less likely than whites in the same period to receive a sentence below the guidelines' range.

The Sentencing Commission released a similar report in 2010. Researchers criticized its analysis for including sentences of probation, which they argued amplified the demographic differences.

In the new study, the Sentencing Commission conducted a separate analysis that excluded sentences of probation.  It yielded the same pattern, but the racial disparity was less pronounced. Sentences of black males were 14.5% longer than whites, rather than nearly 20%.

Jeff Ulmer, a sociology professor at Pennsylvania State University, described the commission's latest report as an improvement but said it was "a long way from proving that [judicial discretion] has caused greater black-white federal sentencing disparity."

For reasons that will be obvious if you click through to the story, I especially enjoyed this companion piece appearing at the WSJ Law Blog under the headline "After 'Anonymous' Attack, Sentencing Body Seeks Blogger's Help."

Recent related post:

February 15, 2013 in Data on sentencing, Detailed sentencing data, Offender Characteristics, Procedure and Proof at Sentencing, Race, Class, and Gender, Who Sentences? | Permalink | Comments (1) | TrackBack

Monday, February 11, 2013

Disparate stories price out (some) costs of poorly functioning state criminal justice systems

How Appealing had links this morning to these two notable criminal justice stories that, on the surface, seem disparate in their settings and messages:

"Tab for wrongful convictions in Texas: $65 million and counting; State the most generous in compensating exonerees; legislators ponder changes to safeguard against future false convictions." Mike Ward has this article today in The Austin American-Statesman.

"AP Exclusive: Inmate lawsuits cost Calif. $200M." The Associated Press has a report that begins, "Gov. Jerry Brown has begun aggressively challenging federal court oversight of California's prison system by highlighting what he says is a costly conflict of interest: The private law firms representing inmates and the judges' own hand-picked authorities benefit financially by keeping the cases alive."

Much can and should be said about both of these interesting reports, but the title of this post is meant to highlight one commonality: for lots of different reasons and in lots of different ways, it can often become quite costly, even when measured just in pure economic terms, whenever any aspect of a state criminal justice system is run poorly. 

February 11, 2013 in Data on sentencing, Scope of Imprisonment, Who Sentences? | Permalink | Comments (1) | TrackBack

Monday, February 04, 2013

"Colorado Capital Punishment: An Empirical Study"

The title of this post is the title of this paper now up at SSRN by Justin F. Marceau, Sam Kamin and Wanda Foglia. Here is the abstract:

This article reports the conclusions of an empirical study of every murder conviction in Colorado between January 1, 1999 and December 31, 2010.  Our goal was to determine: 1) What percentage of first degree murderers in Colorado were eligible for the death penalty; and 2) How often the death penalty was sought against these killers.  More importantly, our broader purpose was to determine whether Colorado’s statutory aggravating factors meaningfully narrow the class of death eligible offenders as required by the Constitution.

We discovered that while the death penalty was an option in approximately ninety two percent of all first degree murders, it was sought by the prosecution initially in only three percent of those killings, pursued all the way through sentencing in only one percent of those killings, and obtained in only 0.6 percent of all cases.

These numbers compel the conclusion that Colorado’s capital sentencing system fails to satisfy the constitutional imperative of creating clear, statutory standards for distinguishing between the few who are executed and the many who commit murder.  The Eighth Amendment requires that these determinations of life and death be made at the level of reasoned legislative judgment, and not on an ad hoc basis by prosecutors.  The Supreme Court has emphasized that a State’s capital sentencing statute must serve the “constitutionally necessary function . . . [of] circumscrib[ing] the class of persons eligible for the death penalty” such that only the very worst killers are eligible for the law’s ultimate punishment.  Colorado’s system is unconstitutional under this standard because nearly all first degree murderers are statutorily eligible to be executed.

I do not think one needs to be a sophisticated empiricist to have an inkling, based on the quality and quantity of support for the death penalty expressed in some comments, that not all readers of this blog with feel compelled to reach the same constitutional conclusion reached by these authors concerning Colorado's modern experience with capital punishment.

February 4, 2013 in Data on sentencing, Death Penalty Reforms, Detailed sentencing data, Offense Characteristics, Procedure and Proof at Sentencing, Who Sentences? | Permalink | Comments (4) | TrackBack

Sunday, February 03, 2013

"Why Police Lie Under Oath" and deeper challenges involving criminal justice metrics

03POLICE-articleInlineThe title of this post is the partially drawn from the headline of this opinion piece in today's New York Times, which was authored by my Ohio State College of Law colleague Michelle Alexander.  Here is how it starts:

Thousands of people plead guilty to crimes every year in the United States because they know that the odds of a jury’s believing their word over a police officer’s are slim to none. As a juror, whom are you likely to believe: the alleged criminal in an orange jumpsuit or two well-groomed police officers in uniforms who just swore to God they’re telling the truth, the whole truth and nothing but?  As one of my colleagues recently put it, “Everyone knows you have to be crazy to accuse the police of lying.”

But are police officers necessarily more trustworthy than alleged criminals?  I think not. Not just because the police have a special inclination toward confabulation, but because, disturbingly, they have an incentive to lie.  In this era of mass incarceration, the police shouldn’t be trusted any more than any other witness, perhaps less so.

That may sound harsh, but numerous law enforcement officials have put the matter more bluntly. Peter Keane, a former San Francisco Police commissioner, wrote an article in The San Francisco Chronicle decrying a police culture that treats lying as the norm: “Police officer perjury in court to justify illegal dope searches is commonplace. One of the dirty little not-so-secret secrets of the criminal justice system is undercover narcotics officers intentionally lying under oath.  It is a perversion of the American justice system that strikes directly at the rule of law.  Yet it is the routine way of doing business in courtrooms everywhere in America.”

Though focused on police practices, this piece goes on to touch upon the broader systemic problems that can result from "get tough" metrics (much too?) often being used by police and prosecutors and rewarded by legislatures:

Police departments have been rewarded in recent years for the sheer numbers of stops, searches and arrests. In the war on drugs, federal grant programs like the Edward Byrne Memorial Justice Assistance Grant Program have encouraged state and local law enforcement agencies to boost drug arrests in order to compete for millions of dollars in funding.  Agencies receive cash rewards for arresting high numbers of people for drug offenses, no matter how minor the offenses or how weak the evidence.  Law enforcement has increasingly become a numbers game.  And as it has, police officers’ tendency to regard procedural rules as optional and to lie and distort the facts has grown as well. Numerous scandals involving police officers lying or planting drugs — in Tulia, Tex. and Oakland, Calif., for example — have been linked to federally funded drug task forces eager to keep the cash rolling in....

The natural tendency to lie makes quota systems and financial incentives that reward the police for the sheer numbers of people stopped, frisked or arrested especially dangerous. One lie can destroy a life, resulting in the loss of employment, a prison term and relegation to permanent second-class status. The fact that our legal system has become so tolerant of police lying indicates how corrupted our criminal justice system has become by declarations of war, “get tough” mantras, and a seemingly insatiable appetite for locking up and locking out the poorest and darkest among us.

And, no, I’m not crazy for thinking so.

As regular readers likely realize, I am a big fan of data and metrics in the operation of modern criminal justice systems (which is, surely, a by-product of the fact that I am much more drawn to consequentialist rather than retributivist theories of punishment). Thus, as a general matter, I am not opposed to the reality that law enforcement, as well as other parts of our modern criminal justice system, "has increasingly become a numbers game." But, as this opinion piece highlights, we need to be conscious and cautious about whether the metrics were are using are the right ones and about whether these metrics may be harmfully distorting the ways in which various criminal justice actors go about doing their jobs.

I have been giving extra thought to these issues lately in part because of this recent post noting a prosecutor taking with pride about extra long federal sentences and this recent post about the US Sentencing Commission's new Booker report noting that the number of federal offenders has substantially increased in recent years.  But all sort of other major criminal justice issues and debates can (and should) turn on debates over metrics.  For example, does more guns, as some contend, really result in less crime?  And what will and should be the metrics used to judge the success or failings of  modern marijuana reform efforts? 

Staying focused on sentencing issues, the nationwide movement toward so-called "evidence-based" reforms also has, hiding deep within, really hard questions concerning what kinds of "evidence" are most valid and most important in the continuing evolution of sentencing systems.  Is saving a lot of taxpayer money a marker of sentencing reform success if crime ticks up a bit?  How about simply having fewer persons with liberty restricted by being in prison or subject to criminal justice control? (Maybe now that Nate Silver has some free time until the next election cycle gets into full swing, perhaps he can focus his impressive data-crunching skill on these issues and all the challenges they present.)

Some recent and older related posts implicating metric challenges:

February 3, 2013 in Data on sentencing, National and State Crime Data, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (46) | TrackBack

Saturday, February 02, 2013

Should a US Attorney take pride in helping to "have produced the longest average prison sentences in the country"?

The question in the title of this post is prompted by this interesting local article coming from Indiana which a kind reader sent my way today.  The article is headlined "U.S. attorney plans additional efforts in 2013," and here are some excerpts which provide context for the query above:

Since his appointment to the job in late 2010, U.S. Attorney General for the Southern District of Indiana Joseph Hogsett has steadily grown the office’s footprint.

He has done so by refocusing on existing efforts like the U.S. Attorney Office’s anti-child exploitation campaign Project Safe Childhood, but also by expanding the office’s reach with a violent crime initiative and creation of an interagency group to find and prosecute corruption and white-collar crimes.  “I plan to continue many of those priorities and hopefully add a few more in 2013,” he said.  “I would like to see it continue to expand.”

With 60 counties in the district, Hogsett’s efforts affect nearly two-thirds of the state. The U.S. attorney’s office maintains offices in Indianapolis, Evansville, New Albany and Terre Haute — all of which are cities with federal courthouses.

In 2012, an additional full-time attorney was added to the Evansville office, as well as a part-time special deputy U.S. Attorney who also works part-time in the Vanderburgh County Prosecutor’s Office, and who serves as liaison between the two. In addition, Assistant U.S. Attorney Matt Brookman from the Evansville office was appointed to lead the district’s drug unit, supervising a team of attorneys both Evansville and Indianapolis.

Hogsett’s most recent effort has been the creation of a Civil Rights Task Force. The idea is to take a more active roll in investigating and pursuing legal actions on cases in which the civil rights of Indiana are endangered.

Hogsett said it will take a broad view of civil rights and include attorneys from the civil and criminal divisions of the office. “I am not talking just racial actions but also areas such as the Americans with Disabilities Act (ADA),” he said, adding he would like to make a difference in the areas of fair housing and fair lending.

He pointed to recent cases from his office that involved service animals being allowed in restaurants and an agreement with the Indianapolis Motor Speedway to comply with the ADA, as well as prosecuting multiple cases of intimidating acts based on race or ethnicity....

[H]e said pursuing civil rights violations will take more effort than other initiatives. “The others have largely depended on relationships with law enforcement. This Civil Rights Task Force is going to require us to do a lot of outreach to the community.”

Hogsett’s previous initiatives have brought measurable results.  Prosecutions in the Southern District of Indiana have produced the longest average prison sentences in the country over the last two years, according to an annual report compiled by the office. Hogsett attributes much of the office’s success to cooperation with local prosecutors and law enforcement agencies.

The question in the title of this post emerges from the penultimate sentence above that I have highlighted. I do not mean to suggest an answer to the question, but I sense of the context of this laudatory press report that Mr. Hogsett and those within his office are (1) keeping close track of sentencing outcomes, and (2) seem to consider it an accomplishment worth noting to the press that recent prosecutions in Southern District of Indiana have resulted in the harshest average prison sentences over the last 24 months among all 90+ federal districts.

Having never been a federal prosecutor, I am not sure if it is unusual or common for a US Attorney's office to keep very close account of sentencing outcomes and to use those outcomes as a metric of importance in the work of that office. But I am sure I would not like to hear that US Attorneys and their assistants in other federal districts would be likely to react to this story by deciding they need to try to best Mr. Hogsett's efforts to produce the longest average federal prison sentences in the country. More broadly, I sure hope at both the federal and state levels that many more prosecutors look for decreases in local crime rates, rather than increases in the severity of sentencing outcomes, as the preferred metric for evaluating their accomplishments as prosecutors.

February 2, 2013 in Data on sentencing, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Scope of Imprisonment, Who Sentences? | Permalink | Comments (6) | TrackBack

Friday, February 01, 2013

Summary of key USSC findings in its big new Booker report

6141708385_8dedf68f37As explained here, unfortunately, wascally on-line wabbits have so far managed to allow only the first big part of US Sentencing Commission super-sized new Booker report to be available on-line only via this SL&P link.  Fortunately, because others are primarily in charge of chasing down the annoying anonymous hackers (and because the NRA is primarily in charge of making sure all the rest of us have a right to use maximum firepower when hunting other forms of wabbits), I can spend my time trying to take stock of all the incredible effort and research reflected in the part of the new USSC Booker report now available for general consumption.

Though I am still just start to scratch the massive surface of the mass of information in just the first part of the new USSC Bookerreport, I can begin some assessment of what's in there by first praising the Commission for having a handy list of bolded "key findings" summarized in the first chapter.  Here, in full text, are all the bolded key findings set out in the report's Overview chapter [with my own numbers added]:

[1] The number of federal offenders has substantially increased, and most federal offenders have continued to receive substantial sentences of imprisonment.

[2] The guidelines have remained the essential starting point for all federal sentences and have continued to influence sentences significantly.

[3] The influence of the guidelines, as measured by the relationship between the average guideline minimum and the average sentence, has generally remained stable in drug trafficking, firearms, and immigration offenses, but has diminished in fraud and child pornography offenses.

[4] For most offense types, the rate of within range sentences has decreased while the rate of below range sentences (both government sponsored and non-government sponsored) has increased over time.

[5] The influence of the guidelines, as measured by the relationship between the average guideline minimum and the average sentence, and as measured by within range rates, has varied by circuit.

[6] The rates of non-government sponsored below range sentences have increased in most districts and the variation in such rates across districts for most offenses was greatest in the Gall period, indicating that sentencing outcomes increasingly depend upon the district in which the defendant is sentenced.

[7] For offenses in the aggregate, the average extent of the reduction for non-government sponsored below range sentences has been approximately 40 percent below the guideline minimum during all periods (amounting to average reductions of 17 to 21 months); however, the extent of the reduction has varied by offense type.

[8]Prosecutorial practices have contributed to disparities in federal sentencing.

[9] Variation in the rates of non-government sponsored below range sentences among judges within the same district has increased in most districts since Booker, indicating that sentencing outcomes increasingly depend upon the judge to whom the case is assigned.

[10] Appellate review has not promoted uniformity in sentencing to the extent the Supreme Court anticipated in Booker.

[11] Demographic factors (such as race, gender, and citizenship) have been associated with sentence length at higher rates in the Gall period than in previous periods.

I do not think any of these key findings are especially surprising, though I suspect some (many?) will still prove to be somewhat controversial.  Most fundamentally, I am certain that all of these findings could be "spun" in any number of ways in any number of settings.  For example, I think one might reasonably wonder whether finding 8 concerning prosecutors contributing to disparties best explains finding 11 concerning increased demographic disparities.  (Also, it is especially interesting to consider how one might spin findings 2 and 5 and 6 in the on-going Supreme Court litigation concerning the application of ex post facto doctrines in the post-Booker advisory guideline system.)

All these key findings should and likely will engender lots of discussion and debate in the weeks ahead.  For now, though, I am eager to hear from readers about which particular finding they consider most important or least important (or, perhaps, least likely to get enough attention or most likely to get too much attention).   As one who has long been concerned that federal sentencing severity and the overall growth in the total number federal defendants gets too little attention while disparity gets too much attention, I will assert that finding 1 above and the realities it reflects is really the most important big-picture take-away point.  I have a feeling, though, that others may have distinct views.

Recent related post:

February 1, 2013 in Booker and Fanfan Commentary, Booker in district courts, Booker in the Circuits, Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines, Who Sentences? | Permalink | Comments (3) | TrackBack

Tuesday, January 29, 2013

New Sentencing Project report on 2012 state statutory sentencing developments

I just received an e-mail promoting a notable new report just released by The Sentencing Project.  Here is the full text of the e-mail, signed by Marc Mauer, which includes a link to the report:

I am pleased to share with you a new report from The Sentencing Project, The State of Sentencing 2012: Developments in Policy and Practice, by Nicole D. Porter.  The report highlights reforms in 24 states that demonstrate a continued trend to reform sentencing policies and scale back the use of imprisonment without compromising public safety.  The report provides an overview of recent policy reforms in the areas of sentencing, probation and parole, collateral consequences, and juvenile justice.  Highlights include:

  • Mandatory minimums:  Seven states — Alabama, California, Missouri, Massachusetts, Kanas, Louisiana, and Pennsylvania — revised mandatory penalties for certain offenses,  including crack cocaine offenses and drug offense enhancements.
  • Death penalty: Connecticut abolished the death penalty, becoming the 17th state to do so.
  • Parole and probation reforms:  Seven states — Colorado, Delaware, Georgia, Hawaii, Louisiana, Missouri, and Pennsylvania — expanded the use of earned time for eligible prisoners and limited the use of incarceration for probation and parole violations.
  • Juvenile life without parole:  Three states — California, Louisiana, and Pennsylvania — authorized sentencing relief for certain individuals sentenced to juvenile life without parole.
I hope you find this publication useful in your work.  The full report, which includes a comprehensive chart on criminal justice reform legislation, details on sentencing, probation and parole, collateral consequences of conviction, juvenile justice and policy recommendations, can be found online here.  I’d encourage you to be in touch with Nicole D. Porter, Director of Advocacy, at [email protected] to discuss how we can support your efforts in the area of state policy reform.

January 29, 2013 in Data on sentencing, Drug Offense Sentencing, Mandatory minimum sentencing statutes, Offender Characteristics, Offense Characteristics, Prisons and prisoners, State Sentencing Guidelines, Who Sentences? | Permalink | Comments (2) | TrackBack

Wednesday, January 23, 2013

"David Baldus and the Legacy of McCleskey v. Kemp"

The title of this post is the title of this article by Samuel Gross, which I just came across via SSRN.  Here is the abstract:

In McCleskey v. Kemp, 481 U.S. 279 (1987), the Supreme Court rejected a challenge to racial discrimination in the use of the death penalty.  That challenge was based on a landmark study of race and capital sentencing in the state of Georgia by the late Professor David Baldus and colleagues.  The legal holding in McCleskey stands, despite the fact that the author of the opinion, Justice Lewis Powell, later renounced it in retirement.  It is sometimes described as the Dred Scott decision of the twentieth century.  But on the empirical question that was as stake in McCleskey, Baldus has prevailed.  Neither the Court in McCleskey, nor any justice at the time or since, has disputed his factual conclusion that many defendants in Georgia were sentenced to death because of their race, and especially because of the race of the victims of the crimes for which they were convicted.  This was a remarkable achievement.  It fundamentally changed our understanding of the role of race in criminal justice in the United States.

January 23, 2013 in Data on sentencing, Death Penalty Reforms, Race, Class, and Gender | Permalink | Comments (4) | TrackBack