Sunday, January 12, 2014
Notable new data showing pot arrests way down in Colorado after reforms
This new Denver Post article, headlined "Marijuana case filings plummet in Colorado following legalization," spotlights one notable criminal justice metric that has been dramatically impacted by legal developments in the Centennial State. Here are some details:
Charges for all manner of marijuana crimes plummeted in the months after Colorado voters legalized limited possession of cannabis for people over 21.
According to a Denver Post analysis of data provided by the Colorado Judicial Branch, the number of cases filed in state court alleging at least one marijuana offense plunged 77 percent between 2012 and 2013. The decline is most notable for charges of petty marijuana possession, which dropped from an average of 714 per month during the first nine months of 2012 to 133 per month during the same period in 2013 — a decline of 81 percent.
That may have been expected — after all, people over 21 can now legally possess up to an ounce of marijuana. But The Post's analysis shows state prosecutors also pursued far fewer cases for marijuana crimes that remain illegal in Colorado. For instance, charges for possessing more than 12 ounces of marijuana dropped by 73 percent, and cases alleging possession with intent to distribute fewer than 5 pounds of marijuana dipped by 70 percent. Even charges for public consumption of marijuana fell statewide, by 17 percent, although Denver police have increased their number of citations issued for public consumption.
While marijuana prosecutions against people over 21 declined, so did prosecutions against people under 21, for whom all marijuana possession remains illegal except for medical marijuana patients.
Colorado Attorney General John Suthers said he thinks the drop in cases may be due to police not wanting to parse the complexities of the state's marijuana law. "I think they've kind of thrown their arms up in the air," he said.
Marijuana advocates, meanwhile, praised the drop in prosecutions — even for things that remain illegal under state law — because it lessens what they say is the racially biased impact of marijuana enforcement. A report last year from the American Civil Liberties Union found that blacks in Colorado were arrested for marijuana crimes at a rate nearly double that of whites. Overall, the report found arrests for marijuana possession in 2010 made up more than 60 percent of all drug-offense arrests.
"We're talking about not only saving the state time and money," said Art Way, a policy manager in Colorado for the Drug Policy Alliance, a supporter of legalization, "but we're no longer criminalizing primarily young adults, black and brown males primarily, with the collateral consequences of a drug charge."
The Post's analysis is not a comprehensive look at marijuana prosecutions in Colorado because prosecutors can also file cases in municipal courts, which aren't tracked by the data provided. Even though Colorado voters partially legalized marijuana for adults in 2012, there are still numerous marijuana crimes on the books. Possession of more than an ounce, cultivation of more than six plants and sales without a special state license all remain illegal and can be punished.
But Tom Raynes, the executive director of the Colorado District Attorneys Council, said the state's new marijuana laws are likely making it tougher for police to crack down on the remaining marijuana crimes. Because some marijuana possession and use is now legal, Raynes said that means police are no longer allowed to investigate in depth purely because they smell pot. "Just because your car smells like marijuana doesn't give an officer enough probable cause to initiate an arrest or a search," Raynes said....
[T]here is no evidence so far that Colorado's new laws on marijuana have resulted in a dramatic reduction in caseloads for prosecutors or police. Denver police, for instance, recorded only 3 percent fewer arrests for any crime in the first 11 months of 2013 when compared with the first 11 months of 2012.
What also appears relatively unchanged is the treatment of petty marijuana-possession charges: It is far more likely that those charges will be dismissed by either a judge or a prosecutor than it is the charges will result in a finding of guilty for the defendant, according to the data. For the charges filed in September 2012, 79 percent were ultimately dismissed. In September 2013, it was 84 percent.
But Raynes said those similarities belie the uncertainty police and prosecutors now feel when approaching marijuana cases. "With small quantities especially," he said, "I think law enforcement feels like they don't know which way to turn."
Though I obviously cannot speak for the blue line on the ground in Colorado, it seems to me that these data show law enforcement in the state knows exactly which way to turn: away from wasting time and energy and other scarce law enforcement resources on low-level marijuana matters and instead focusing more time and energy and other scarce law enforcement resources on more serious and harmful matters.
Cross-posted at Marijuana Law, Policy and Reform
Wednesday, January 01, 2014
Holiday references and caseload details in Chief Justice's 2013 year-end report
The headlines generated by the traditional "Year-End Report on the Federal Judiciary" from the Chief Justice of the United States (collected here at How Appealing) are justifiably all about the Chief's extended discussion of budget issues. But this year's report, which can be accessed here, also it includes a couple notable criminal justice caseload statistics as well as introductory paragraphs worthy of a poetic blogger. Here is the how the 15-page report gets started and its criminal caseload details:
The year’s end brings predictable constants, including the revival of favorite phantoms —Scrooge’s ghosts and George Bailey’s guardian angel — who step out from the shadows for their annual appearance and then fade away. Who doesn’t welcome the familiarity of the seasonal cycles, or retelling classic stories that, at their core, contain important truths? There are, however, some cycles from which we would all wish a break. At the top of my list is a year-end report that must once again dwell on the need to provide adequate funding for the Judiciary.
I would like to choose a fresher topic, but duty calls. The budget remains the single most important issue facing the courts. This year, however, let’s take a page from Dickens and Capra. Let’s look at what has made our federal court system work in the past, what we are doing in the present to preserve it in an era of fiscal constraint, and what the future holds if the Judiciary does not receive the funding it needs....
After rising four percent in 2012, filings in the regional courts of appeals dropped two percent to 56,475 in 2013. Appeals involving pro se litigants, which amounted to 51 percent of filings, fell one percent. Criminal appeals decreased 13 percent....
Filings for criminal defendants (including those transferred from other districts) decreased three percent to 91,266. Excluding transfers, fewer defendants were reported for most types of major offenses, including drug crimes. Filings for defendants charged with immigration violations dropped five percent. The southwestern border districts accounted for 75 percent of the nation’s immigration defendant filings. Defendants prosecuted for sex offenses rose 10 percent. There also were increases in defendants charged with violent crimes and regulatory offenses....
The 131,869 persons under post-conviction supervision on September 30, 2013, was less than one percent below the total one year earlier. Persons serving terms of supervised release after leaving correctional institutions increased one percent to 109,379 and constituted 83 percent of all persons under supervision. Cases opened in the pretrial services system in 2013, including pretrial diversion cases, declined six percent to 103,003.
Sunday, December 29, 2013
Latest USSC quarterly data show (thanks to AG Holder?) record number of judge-initiated below-range sentences
I am intrigued to see that, as reported in Table 4 with the Fourth Quarter FY13 Quarterly Sentencing data report posted here at the US Sentencing Commission's website, there was a notable (though still small) uptick in the number of below guideline sentences imposed by federal district judges during the most recent quarter (from July 2013 to September 2013). Specifically, after a full year in which below-guideline sentence were imposed each quarter in just around 18.5% of all federal cases, in the most recent quarter the rate of judge-initiated below-range sentences jumped to 19.1%. This marks, I believe, the highest percentage of judge-initiated below-range sentences in any quarter on record.
As the title of this post hints, I am inclined to hypothesize that a few more judges were willing to impose below-guideline sentences in a few more federal cases in the wake of Attorney General Eric Holder's big early August speech to the ABA lamenting excessive use of incarceration in the United States. When the US Attorney General says "too many Americans go to too many prisons for far too long, and for no truly good law enforcement reason," I surely hope federal judges are listening and thinking even harder about whether to follow harsh guidelines that tend to recommend pretty long prison sentences in most cases.
That all said, the latest new data continue to show the same basic story lines and relatively stability in the operation and application of the advisory federal guideline sentencing system: these data show, yet again, that somewhat more than 50% of all federal sentences are within the calculated guidelines range, and that below-guideline sentences are a result of a prosecutor's request (which occurs in well over 25% of all cases).
Friday, December 27, 2013
Fascinating lead-crime-rate forecast that incarceration levels will decline significantly in coming years
Regular readers know I am very intrigued by (but still at least a bit skeptical concerning) the social science research that suggest that lead exposure level better account for variations in violent crime rates than any other single variable. Consequently, I have to link to this new item sent my way by researcher Rick Nevin, titled "It Will Not Take 88 Years to End Mass Incarceration," which responds to a recent commentary by sentencing reform advocates (noted in this post) lamenting how little incarceration rates have declined even as crime has continued its historic decline over the last decade. Without vouching for the data, I am eager to highlight Nevin's concluding sentiments in this interesting little data discussion:
Nevin (2000) showed that per capita use of lead in gasoline from 1941-1975 explained 90% of the variation in the USA violent crime rate from 1964 to 1998. Nevin (2007) showed the same relationship between preschool lead exposure trends and violent and property crime trends in the USA, Britain, Canada, West Germany, Finland, France, Italy, New Zealand, and Australia. The time lag in every nation reflected lead-induced neurodevelopmental damage in the first years of life affecting behavior in the late-teens and 20s when offending peaks. The best-fit lag for burglary was 18 years, reflecting property crime arrests that have historically peaked at ages 15-20. The best-fit for violent crime was 23 years, consistent with violent crime arrest rates that have peaked in the early-20s.
The ongoing violent crime rate decline (down 32% from 1998-2012) has been slowed by an increase in older offenders born across years of pandemic lead poisoning. This has been slowed by an increase in older offenders born across years of pandemic lead poisoning. This rise in arrest rates for older adults has occurred even as juvenile arrest rates have fallen to record lows, due to ongoing declines in lead paint exposure over the 1990s.
The Sentencing Project and other advocates for sentencing reform need to acknowledge the extreme divergence in arrest and incarceration trends by age. Opponents of sentencing reform often assume that “mass incarceration” is a key factor behind the USA crime decline over the past two decades, but arrest and incarceration trends by age discredit that theory: The largest arrest rate declines have been recorded by younger age groups that have also recorded large incarceration rate declines, while arrest rates have increased for older age groups despite rising incarceration rates for older adults.
Arrest and incarceration trends by age also cast doubt on the theory that budget constraints and public policy reforms have been a large factor in the overall prison population decline over recent years. The declining prison population is clearly not explained by shorter prison terms or early releases for older prisoners, but by steep arrest rate declines for younger Americans. It isn’t the public policies that have changed: It’s the people, and specifically the percent of people poisoned by lead exposure in early childhood.
Some recent related posts:
- Should we thank unleaded gas and the EPA for the great modern crime decline?
- Effective Washington Post commentary talks up great (and still puzzling) crime decline
- Do lead exposure realities continue to best explain modern crime-rate realities?:
- Uh-oh: BJS reporting significant spike up in violent and property crime for 2012
- FBI releases 2012 crime statistics showing stability in relatively low crime rates
- New National Academy of Sciences effort seeking to unpack the crime decline
Monday, December 23, 2013
Reviewing the state of the death penalty in the Buckeye state
One of many reasons I am so very grateful to be able to teach and research sentencing law and policy at The Ohio State University Moritz College of Law is because Ohio is an especially interesting and dynamic state with respect to its application of the death penalty. And this local article, headlined "Ohio executes inmates more than most states: State is 4th among 32 with death penalty, while support, availability of drugs wane," provides an effective review of the state of the death penalty in the state these days. Here are excerpts:
Three ... executions occurred in Ohio [in 2013], which ranked fourth in executions behind Texas, Florida and Oklahoma.... Those executed were Frederick Treesh for the 1984 murder of Henry Dupree in Lake County; Steven T. Smith for the 1998 murder of Autumn Carter in Richland County; and Harry Mitts Jr. for the 1994 murders of John Bryant and Sgt. Dennis Glivar in Cuyahoga County. Billy Slagle was set to be executed this year for the 1988 murder of Mari Anne Pope in Cuyahoga County, but he committed suicide just days before the scheduled date.
Mitts was the last prisoner executed before the state’s supply of pentobarbital expired. Ohio’s new policy would use a never-tested combination of midazolam and hydromorphone if pentobarbital became unavailable.
Convicted murderer Ronald Phillips was scheduled to be the first recipient of the drug combination, but Gov. John Kasich delayed Phillips’ execution until July to see whether the inmate could donate his organs to ailing relatives.
Now, Dennis McGuire, who raped and fatally stabbed a pregnant woman, is set to be the first executed with the new combination. He is seeking a reprieve of his execution, which is scheduled for Jan. 16....
The number of inmates on Ohio’s death row, currently 140, has declined every year since 2003, according to December population counts from the state prison system.
A task force assembled by the Ohio Supreme Court and Ohio State Bar Association in 2011 to review Ohio’s use of the death penalty has made several suggestions for changes to state law. Those include eliminating the death penalty for inmates with serious mental illness during the time of the offense and standardizing pay for attorneys defending capital cases....
Several bills introduced this year address the death penalty, yet none has received a committee vote. One introduced by House Democrats would abolish the death penalty, whereas another backed by Senate Democrats would spare anyone sentenced to death because of race. A Cincinnati Republican wants to expand the death penalty to repeat sex offenders....
Ohio has executed 52 inmates since 1999 — all were men and nearly two-thirds were white. The highest number of executions in a year since Ohio reinstated the death penalty in 1981 was eight in 2010, according to the Ohio Department of Rehabilitation and Correction. Ohio has set six executions for 2014, six for 2015 and one for 2016.
Eleven prisoners have been executed during Kasich’s tenure compared with nine in the first three years of predecessor Gov. Ted Strickland, a Democrat, and two in the first three years of Republican Bob Taft’s tenure. Kasich has commuted four death row inmates’ sentences to life in prison without parole; Strickland commuted five death sentences over four years.
None of the states that surround Ohio executed a prisoner in 2013. Michigan and West Virginia are among the 18 states that do not have a death penalty.
Saturday, December 21, 2013
"If our prisons were a country, what would Incarceration Nation look like?"
The title of this post is the headline of this fascinating commentary by lawprof Rosa Brooks, which merits a read in full. Here are just a few highlights from a very interesting piece:
You already know that the United States locks up a higher percentage of its population than any other country in the world. If you look at local, state and federal prison and jail populations, the United States currently incarcerates more than 2.4 million people, a figure that constitutes roughly 25 percent of the total incarcerated population of the entire world.
A population of 2.4 million is a lot of people -- enough, in fact, to fill up a good-sized country. In the past, the British Empire decided to convert a good chunk of its prison population into a country, sending some 165,000 convicts off to Australia. This isn't an option for the United States, but it suggests an interesting thought experiment: If the incarcerated population of the United States constituted a nation-state, what kind of country would it be?
Here's a profile of Incarceration Nation:
Population size: As a country -- as opposed to a prison system -- Incarceration Nation is on the small side. Nonetheless, a population of 2.4 million is perfectly respectable: Incarceration Nation has a larger population than about 50 other countries, including Namibia, Qatar, Gambia, Slovenia, Bahrain and Iceland....
Population Density: No matter how you look at it, Incarceration Nation is a crowded place. If we assume a land area of 2,250 square miles, it has a population density of roughly 1,067 people per square mile, a little higher than that of India. Of course, the residents of Incarceration Nation don't have access to the full land-area constituting their nation: most of them spend their days in small cells, often sharing cells built for one or two prisoners with two or three times that many inmates....
A nation of immigrants: Like many of the smaller Gulf States, Incarceration Nation relies almost entirely on immigration to maintain its population. You might even say that Incarceration Nation is a nation of displaced persons: most of its residents were born far away from Incarceration Nation, which has a nasty habit of involuntarily transporting people hundreds and sometimes thousands of miles away from their home communities, making it extraordinarily difficult for residents to maintain ties with their families. In New York, for instance, one study found that "70 percent of incarcerated individuals are in prisons over 100 miles from their homes" -- often in "isolated rural areas that are inaccessible by direct bus or train routes."...
Gender balance: International attention to gender imbalances has tended to focus on China, India and other states, but Incarceration Nation has the most skewed gender ratio of any country on Earth: men outnumber women by a ratio of about 12 to 1.
Racial and ethnic makeup: If Incarceration Nation were located in a geographical region matching its racial and ethnic makeup, it would probably be somewhere in the Southern Hemisphere, perhaps near Brazil. Roughly 40 percent of the incarcerated population is of African descent, another 20 percent is of Hispanic descent, and the remaining 40 percent are Caucasian or mixed....
Health: Incarceration Nation doesn't do so well here. One recent study found that the incarcerated are "more likely to be afflicted with infectious disease and other illnesses associated with stress."...
Per Capita Spending: Judged by per capita government spending, Incarceration Nation is a rich country: its government spends an average of about $31,000 per year on each incarcerated citizen. (State by state, costs vary. Kentucky and Indiana spend less than $15,000 on each inmate per year, while in New York State, the per capita cost per inmate is more than $60,000 a year. In New York City, per capita costs for jail inmates reach an astronomical $168,000 per year.) Internationally, only little Luxembourg spends as much on its citizens as Incarceration Nation; among the generally wealthy states of the Organization for Economic Cooperation and Development, average per capita spending is under $15,000, and Sweden, France, Germany, Canada, the United States and the United Kingdom all spend under $20,000 per year on each citizen.
Gross Domestic Product: Incarceration Nation doesn't have a GDP, per se, but that doesn't mean it doesn't turn a profit -- sometimes, and for some people. For American taxpayers, aid to Incarceration Nation is pretty expensive: looking at just 40 U.S. states, the Vera Institute of Justice found that the cost to taxpayers of incarceration in these states was $39 billion. Overall, federal and state governments spend an estimated $74 billion on prisons each year. (This doesn't count spending on state and local jails.) How much is $74 billion? It's higher than the GDP of more than half the countries in the world, including Lebanon, Paraguay, Nepal and Lithuania.
Some people make a lot of money from Incarceration Nation. Incarceration Nation employs about 800,000 people as prison guards, administrators and the like -- almost as many people as are employed in the entire U.S. automobile industry -- and in some rural areas, prisons are the main employers. But the real money goes to the operators of private prisons and the companies that make use of prison labor.
Thursday, December 19, 2013
Bureau of Justice Statistics releases a whole slew of notable new corrections data
I just received an e-mail reporting on these new data publications released today by the Bureau of Justice Statistics. Here are the bare basics (with analysis perhaps to follow if anything special jumps out from these materials):
Correctional Populations in the United States, 2012 is available at this link: Summarizes data from various correctional collections to provide statistics on the number of offenders supervised by the adult correctional systems in the United States.
Prisoners in 2012: Trends in Admissions and Releases, 1991-2012 is available at this link: Presents final counts on prisoners under the jurisdiction of state and federal correctional authorities on December 31, 2012, collected in the National Prisoner Statistics (NPS) program.
Probation and Parole in the United States, 2012 is available available at this link: Presents data on adult offenders under community supervision while on probation or parole during 2012.
Data Analysis Tool Corrections Statistical Analysis Tool (CSAT) - Prisoners (Updated) is available at this link: This dynamic analysis tool allows you to examine National Prisoner Statistics (NPS) on inmates under the jurisdiction of both federal and state correctional authorities.
UPDATE: For focus especially interested in incarceration data, this lengthy Trends in Admissions and Releases document looks like the most notable and interesting of these reports. Helpfully, this BJS press release provides a lot of the highlights from all these reports, and I found this accounting from the press release of prison developments especially interesting:
- The federal prison system had the largest sentenced prison population (196,600 inmates) in 2012, followed by Texas (157,900), California (134,200), Florida (101,900) and New York (54,100).
- California (down 10 percent) had the largest prison population decrease in 2012, followed by Arkansas (down 9 percent), Wisconsin and Colorado (down 7 percent each).
- Overall, black males were 6 times and Hispanic males 2.5 times more likely to be imprisoned than white males in 2012.
- Black males ages 18 to 19 were almost 9.5 times more likely than white males of the same age group to be in prison. Among new court commitments to state prison, more than a third each of black and Hispanic offenders, and a quarter of white offenders were convicted of a violent offense.
- Between 1991 and 2011, the number of females admitted to state prison for newly committed violent offenses increased 83 percent.
Death Penalty Information Center releases annual report on capital punishment developments in 2013
This morning, the Death Penalty Information Center released its annual report on death penalty developments under the sparkling title, "The Death Penalty in 2013: Year End Report." The eight-page report is available at this link, and here are its list of "key findings" followed by the first part of the report's conclusion:
There were 39 executions in 9 states: only the second time in 19 years there were fewer than 40 executions.
There were 80 death sentences in 2013, a slight increase from 2012, but near the lowest number since 1973.
Maryland abolished the death penalty in 2013, the 6th state in six years to do so.
Public support for the death penalty reached its lowest level in 40 years.....
The number of executions, the size of death row, and the number of death penalty states all declined in 2013. Death sentences were near their lowest level since the reinstatement of the death penalty in 1976. Even many southern states, including South Carolina, Virginia, Tennessee, and Louisiana, had no death sentences in 2013. With Maryland’s repeal of capital punishment, the number of states without the death penalty grew to 18. Public support for the death penalty is at a 40-year low.
It is likely these trends will continue as more state legislatures consider repealing what has become a very expensive and unpredictable punishment. Nevertheless, over 3,000 people remain on death row, and some states like Florida and North Carolina have taken measures to expand the use of the death penalty.
The problems of mistakes, unfairness, and even the method of execution have exasperated many supporters of the death penalty, contributing to less reliance on capital punishment. Death sentences in Texas have declined by almost 80% since 1999. When examined on a county basis, only 2% of U.S. counties are responsible for the majority of executions and prisoners on death row. Because of restrictions by drug manufacturers, states have been forced to try new combinations of lethal drugs, some obtained from questionable sources, to carry out executions.
Though the DPIC's work is always impacted by its anti-death-penalty perspectives, I am always impressed by and grateful for the various ways the group collected and disseminates important information about the application of the death penalty throughout the United States.
Monday, November 25, 2013
New Brennan Center report urges "Reforming Funding to Reduce Mass Incarceration"
As reported in this press release, late last week The Brennan Center for Justice published a notable new report setting out a notable new proposal under the title "Reforming Funding to Reduce Mass Incarceration." Here are highlights via the press release:
The proposal, dubbed by the authors “Success-Oriented Funding,” would recast the federal government’s $352 million Edward Byrne Memorial Justice Assistance Grant (JAG) Program, by changing the measures used to determine success of its grants. It reflects a broader proposed shift in criminal justice programs at all levels of government. The proposal could be implemented without legislation by the U.S. Department of Justice.
“Funding what works and demanding success is critical, especially given the stakes in criminal justice policy. This report marks an important step toward implementing this funding approach in Washington and beyond,” said Peter Orszag, former Director of the White House Office of Management and Budget, who wrote the proposal’s foreword.
The Center proposes major changes to the program’s “performance measures”, which are used to track a grant recipient’s use of the funds....
“What gets measured gets done,” said Inimai Chettiar, director of the Justice Program at the Brennan Center and one of the report’s authors. “Criminal justice funding should reflect what works. Too often, today, it is on autopilot. This proposal reflects an innovative new wave of law enforcement priorities that already have begun to transform policy. That is the way to keep streets safe, while reducing mass incarceration.”
Success-Oriented Funding would hold grant recipients accountable for what they do with the money they receive. By implementing direct links between funding and proven results, the government can ensure the criminal justice system is achieving goals while not increasing unintended social costs or widening the pipeline to prison.
The JAG program was launched nearly three decades ago at the height of the crime wave. As such, its performance measures center on questions about the quantity of arrests and prosecutions. Although funding levels are not based on rates of arrests and prosecutions, interviews with over 100 state and local officials and recipients found that many grant recipients interpreted the performance measure questions as indicating how they should focus their activity.
The Brennan Center’s new, more robust performance measures would better record how effective grant recipients are at reducing crime in their state or locality. For example, current volume-based performance measures record activity, such as total number of arrests, number of people charged with gun crimes, or number of cases prosecuted. The Brennan Center’s proposed new Success-Oriented performance measures record results, such as the increase or decrease in violent crime rate or what percentage of violent crime arrests resulted in convictions.
A Blue Ribbon Panel of criminal justice experts also provided guidance and comments on the measures, including leaders in law enforcement, prosecutors and public defenders, former government officials, and federal grant recipients. Participants included David LaBahn, president of the Association of Prosecuting Attorneys; John Firman, research director of the International Association of Chiefs of Police; and Jerry Madden, a senior fellow at Right on Crime....
In addition to implementing new metrics, the Brennan Center recommends the Justice Department require grant recipients to submit reports. By mandating that grant recipients answer the questions, the Justice Department can align state and local practices with modern criminal justice priorities of reducing both crime and mass incarceration. The reported data should then be publicly available for further analysis.
The full Brennan Center report can be accessed at this link.
Tuesday, November 19, 2013
Latest USSC publication highlights remarkable "disparities"(?) in federal FIP sentences
I am pleased to see that the US Sentencing Commission now has up on its website another terrific new data document in its series of reader-friendly "Quick Facts" publications. (Regular readers may recall from this prior post that the USSC describes these publications as a way to "give readers basic facts about a single area of federal crime in an easy-to-read, two-page format.")
As I have said before, I think this series is a very valuable new innovation coming from the USSC, and I have already learned a lot and benefited greatly from these publications. This latest document, which "presents data on offenses under 18 U.S.C. § 922(g), commonly called 'felon in possession' cases," includes these notable data details:
In fiscal year 2012, 5,768 offenders were convicted of violating 18 U.S.C. § 922(g)....
One-quarter (25.2%) of offenders convicted under section 922(g) were assigned to the highest criminal history category (Category VI). The proportion of these offenders in other Criminal History Categories was as follows: 11.7% of these offenders were in Category I; 9.3% were in Category II; 21.1% were in Category III; 18.9% were in Category IV; and 13.8% were in Category V.
10.3% were sentenced under the Armed Career Criminal Act (ACCA) (18 U.S.C.§ 924(e))...
The average sentence length for all section 922(g) offenders was 75 months; however, one-quarter of these offenders had an average sentence of 24 months or less while one-quarter had an average sentence of 96 months or more.
The average sentence length for offenders convicted of violating only section 922(g) and who were sentenced under ACCA was 180 months.
The average sentence length for offenders convicted of violating only section 922(g) but who were not sentenced under ACCA was 46 months.
The title of this post has the term "disparities" in quotes followed by a question mark because these basic sentencing data about a pretty basic federal crime could be interpreted in many disparate ways. Given that all the offenders sentenced for FIP likely were engaged in pretty similar conduct (simple possession of a firearm) and all of them, by definition, had to have a serious criminal record in order to be subject to federal prosecution, one might see lots of unwarranted disparity among this offender group given the extraordinary outcome variations documented here -- in FY2012, over 10% of FIP offenders are getting sent away for an average of 15 years, but another 25% are going away for only 8 years, while another 25% are going away for only 2 years.
Then again, given the apparently varied criminal histories of the FIP offenders, the sentencing variation here surely reflects various (reasoned and reasonable?) judicial assessments of different levels of recidivism risk for different FIP offenders. I certainly hope that the those being sentenced to decades behind bars for gun possession are generally those with very long rap sheets, and that those getting sent away only for a couple years are those with much more limited criminal histories.
Finally, in addition to noting the profound significance that past crimes clearly have on current sentencing in FIP cases, I must note that it is these past crimes that itself serves to convert the behavior here in to a federal crime. Indeed, if one takes the Second Amendment very seriously (as I do), the actual "offense behavior" in these cases might often be subject to significant protection as the exercise of a fundamental constitutional right unless and until the person has a disqualifying criminal past. Proof yet again that the past, at least when it comes to criminal sentencing and constitutional rights, is often ever-present.
November 19, 2013 in Booker in district courts, Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines, Gun policy and sentencing, Offender Characteristics, Offense Characteristics, Second Amendment issues | Permalink | Comments (3) | TrackBack
Thursday, November 14, 2013
If concerned principally about saving lives and public safety, can one reasonably oppose mass use red-light cameras?
The question in title of this post is prompted by this local news item from my own local paper headlined "Coalition says red-light cameras reducing accidents, saving lives." Here are excerpts:
The battle over whether red-light cameras are primarily lifesavers or money-makers is being re-fought in the General Assembly seven years after it began. Cameras placed at critical intersections, including 38 in Columbus, help dramatically reduce accidents and save lives, a statewide coalition said yesterday, pushing back against a legislative proposal that would all but eliminate the devices in Ohio.
House Bill 69, passed by the House this year, “is bad public policy that puts people at risk on Ohio roads,” Sgt. Brett Bauer of the Springfield Police Department said at a Statehouse news conference. Red-light cameras “are making roads safer in Springfield and across the state,” he said. The bill would limit cameras to school zones — and then only when an officer was present.
A coalition of police officials from Columbus and other cities, plus municipal officials, bicycle enthusiasts and safety advocates, appeared at the news conference alongside Sen. Kevin Bacon, R-Minerva Park, who is planning legislation to reform how the cameras may be used rather than repeal the use of cameras, as the House bill would do.
The most emotional advocate in favor of continuing using the cameras was Paul Oberhauser of Somerset, whose 31-year-old daughter, Sarah, was killed in 2002 when a motorist ran a red light and hit her car in an intersection at 55 mph. “The year Sarah died, about 1,000 people nationally were killed in red-light accidents,” Oberhauser said. “I know you understand this carnage has got to stop.”...
Right-angle crashes are down 74 percent in Columbus, while rear-end crashes have dropped 25 percent at intersections with cameras, said Lt. Brenton Mull of the Columbus Division of Police. The city has 38 cameras at intersections scattered across the city. “It is a model program that should be emulated, not thrown out because someone doesn’t like getting a ticket from a red-light camera,” he said.
As regular readers (and my students) know well, I like to focus on traffic laws as a means to test whether and when citizens are really prepared to live up to oft-heard claims about the importance of public safety and saving innocent lives. In the context of debates over gun control, the death penalty, mass incarceration and other high-profile public policy criminal justice debates, there is often considerable competing claims and evidence concerning whether and when certain government policies actually do or do not save innocent lives and improve public safety. But this local article confirms my understanding that red-light cameras do tend to improve public safety at least somewhat (and does so in a way that actually raises revenue for localities rather than require significant expenditures).
I fully understand why persons principally concerned about privacy rights or due process or government graft might have real problems with widespread use and potential abuse of red-light cameras. But I really want to hear from readers if they think that those persons who say their principally criminal justice concerns relate to saving lives and public safety (as I do) have any sound basis for opposing mass use of these cameras.
Thursday, November 07, 2013
"Free at Last? Judicial Discretion and Racial Disparities in Federal Sentencing"The title of this post is the title of this notable new paper by Crystal Yang now available via SSRN. Here is the abstract:
The Federal Sentencing Guidelines were created to reduce unwarranted sentencing disparities among similar defendants. This paper explores the impact of increased judicial discretion on racial disparities in sentencing after the Guidelines were struck down in United States v. Booker (2005). Using data on the universe of federal defendants, I find that black defendants are sentenced to almost two months more in prison compared to their white counterparts after Booker, a 4% increase in average sentence length. To identify the sources of racial disparities, I construct a dataset linking judges to over 400,000 defendants. Exploiting the random assignment of cases to judges, I find that racial disparities are greater among judges appointed after Booker, suggesting acculturation to the Guidelines by judges with experience sentencing under mandatory regime. Prosecutors also respond to increased judicial discretion by charging black defendants with longer mandatory minimums.
I am always interested in sophisticated analyses of the post-Booker sentencing system, so I am looking forward to finding time to review this article closely. But, as with lots of "disparity" sentencing scholarship, I worry that this article is among those spending lots of time worrying about and trying to figure out whose sentences may be longer after Booker rather than worrying about and trying to figure out if all sentence remain way too long in the federal sentencing system.
November 7, 2013 in Booker in district courts, Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines, Mandatory minimum sentencing statutes, Offender Characteristics, Offense Characteristics, Procedure and Proof at Sentencing, Race, Class, and Gender, Scope of Imprisonment | Permalink | Comments (1) | TrackBack
Sunday, October 13, 2013
Parole precogs: computerized risk assessments impacting state parole decision-makingPredicting who is likely to commit a crime in the future is no easy task, as fans of "Minority Report" know well. But states that retain discretionary parole release mechanisms to some extent require its officials to do just that. And, as this lengthy Wall Street Journal article explains, state officials are (in my view, wisely) relying more and more on computerized risk assessment instruments when making parole decisions. The WSJ piece is headlined "State Parole Boards Use Software to Decide Which Inmates to Release: Programs look at prisoners' biographies for patterns that predict future crime," and here are excerpts:
Driven to cut ballooning corrections costs, more states are requiring parole boards to make better decisions about which convicts to keep in prison and which to release. Increasingly, parole officials are adopting data- and evidence-based methods, many involving software programs, to calculate an inmate's odds of recidivism.
The policy changes are leading to a quiet and surprising shift across the U.S. in how parole decisions are made. Officials accustomed to relying heavily on experience and intuition when making parole rulings now find they also must take computerized inmate assessments and personality tests into account.
In the traditional system, factors like the severity of a crime or whether an offender shows remorse weigh heavily in parole rulings, criminologists say. By contrast, automated assessments based on inmate interviews and biographical data such as age at first arrest are designed to recognize patterns that may predict future crime and make release decisions more objective, advocates of the new tools say.
In the past several years, at least 15 states including Louisiana, Kentucky, Hawaii and Ohio have implemented policies requiring corrections systems to adopt modern risk-assessment methods, according to the Pew Charitable Trusts' Public Safety Performance Project. California is using computerized inmate assessments to make decisions about levels of supervision for individual parolees. This year, West Virginia began requiring that all felons receive risk assessments; judges receive the reports before sentencing with the option to incorporate the scores into their decisions.
Such methods can contradict the instincts of corrections officials, by classifying violent offenders as a lower recidivism risk than someone convicted of a nonviolent robbery or drug offense. Criminologists say people convicted of crimes like murder often are older when considered for release, making them less likely to reoffend. Inmates convicted of nonviolent crimes like property theft, meanwhile, tend to be younger, more impulsive and adventurous—all predictors of repeat criminality....
Wider acceptance of computerized risk assessments, along with other measures to reduce state corrections budgets, has coincided with the first declines in the national incarceration rate in more than a decade.
The number of inmates in state and federal facilities fell nearly 1% in 2011 to 1.6 million, after edging down 0.1% in the prior year. The 2011 decline came entirely from state prisons, which shed 21,600 inmates, offsetting an increase of 6,600 federal prisoners. Preliminary 2012 data shows an even larger fall in state inmates of 29,000.
Experts say one reason for the decline is that fewer parolees are returning to prison. About 12% of parolees were re-incarcerated at some point in 2011 compared with 15% in 2006, representing the fifth straight year of decline, according to Justice Department data.
Texas, by reputation a tough-on-crime state, has been consistently using risk assessment longer than many states and is boosting the number of prisoners it paroles each year. With its current system, in use since 2001, it released 37% of parole applicants in 2012 versus 28% in 2005 — some 10,000 more prisoners released in 2012.
Officials in Michigan credit computerized assessments, introduced in 2006 and adopted statewide in 2008, with helping reduce the state's prison population by more than 15% from its peak in 2007 and with lowering the three-year recidivism rate by 10 percentage points since 2005.
Still, experts say it is difficult to measure the direct impact of risk prediction because states have also taken other steps to rein in corrections costs, such as reducing penalties for drug offenses and transferring inmates to local jails.
Michigan's assessments withstood a legal challenge in 2011, when prosecutors sought to reverse the parole of Michelle Elias, who had served 25 years for murdering her lover's husband. A lower court, siding with the prosecutor, ruled the parole board hadn't placed enough weight on the "egregious nature of the crime," court documents say. The Michigan Court of Appeals overturned the decision and upheld Ms. Elias's release.
Yet earlier this month, the same appeals court ruled the Michigan parole board had abused its discretion by releasing a man convicted of molesting his daughter. He hadn't received sex-offender therapy while in prison, but three assessments, including one using [the computer program] Compas, had deemed him a low risk of reoffending. The appeals court, in an unpublished decision that echoed a lower court, said that Compas could be manipulated if presented "with inadequate data or individuals who lie."
The Compas software designer, Northpointe Inc., says the assessments are meant to improve, not replace, human intelligence. Tim Brennan, chief scientist at Northpointe, a unit of Volaris Group, said the Compas system has features that help detect lying, but data-entry mistakes or inmate deceptiveness can affect accuracy, he said. The company says that officials should override the system's decisions at rates of 8% to 15%.
Many assessment systems lean heavily on research by criminologists including Edward Latessa, professor at the Center for Criminal Justice Research at the University of Cincinnati. Parole boards, typically staffed with political appointees, have lacked the information, training and time to make sound decisions about who should be released, Dr. Latessa said. The process, he said, is one factor contributing to the population surge in the nation's prisons, including a fivefold increase in the number of prisoners nationwide from 1978 to 2009, according to the Department of Justice.
"The problem with a judge or a parole board is they can't pull together all the information they need to make good decisions," said Dr. Latessa, who developed an open-source software assessment system called ORAS used in Ohio and other states. Ohio adopted ORAS last year as the result of legislation aimed at addressing overcrowded prisons and containing corrections spending. Dr. Latessa does paid consulting work with state corrections agencies but isn't paid for use of the system. "They look at one or two things," he said. "Good assessment tools look at 50 things."
Some assessments analyze as many as 100 factors, including whether the offender is married, the age of first arrest and whether he believes his conviction is unfair. In Texas, a rudimentary risk-assessment measures just 10 factors. Data gathered in interviews with inmates is transmitted to the offices of Texas parole board members, who vote remotely, often by computer.
Parole officials say assessment scores are just one factor they consider. Some experts say relying on statistics can result in racial bias, even though questionnaires don't explicitly ask about race. Data such as how many times a person has been incarcerated can act as an unfair proxy for race, said Bernard Harcourt, a University of Chicago professor of law and political science. "There's a real connection between race and prior criminal history, and a real link between prior criminal history and prediction," Mr. Harcourt said. "The two combine in a toxic and combustive way."
Christopher Baird, former head of the National Council on Crime and Delinquency, said statistical tools are best used to help set supervision guidelines for parolees rather than determine prison sentences or decide who should be released. "It's very important to realize what their limitations are," said Mr. Baird, who developed one of the earliest risk-assessment tools, for the state of Wisconsin in the late 1970s. "That's lost when you start introducing the word 'prediction' and start applying that to individual cases."
October 13, 2013 in Data on sentencing, Prisons and prisoners, Procedure and Proof at Sentencing, Reentry and community supervision, Sentences Reconsidered, Who Sentences? | Permalink | Comments (8) | TrackBack
"Prison Accountability and Performance Measures"The title of this post is the title of this notable new paper by Alexander Volokh now available via SSRN. Here is the abstract:
A few decades of comparative studies of public vs. private performance have failed to give a strong edge to either sector in terms of quality. That supposed market incentives haven’t delivered spectacular results is unsurprising, since by and large market incentives haven’t been allowed to work: outcomes are rarely measured and are even more rarely made the basis of compensation, and prison providers are rarely given substantial flexibility to experiment with alternative models.
This Article argues that performance measures should be implemented more widely in evaluating prisons. Implementing performance measures would advance our knowledge of which sector does a better job, facilitate a regime of competitive neutrality between the public and private sectors, promote greater clarity about the goals of prisons, and, perhaps most importantly, allow the use of performance-based contracts.
Performance measures and performance-based contracts have their critiques, for instance: (1) the theoretical impossibility of knowing the proper prices, (2) the ways they would change the composition of the industry, for instance by reducing public-interestedness or discouraging risk-averse providers, and (3) potentially undesirable strategic behavior that would result, for instance manipulation in the choice of goals, distortion of effort away from hard-to-measure dimensions or away from hard-to-serve inmates, or outright falsification of the numbers. I argue that these concerns are serious but aren’t so serious as to preclude substantial further experimentation.
Monday, October 07, 2013
"Evidence, Ideology, and Politics in the Making of American Criminal Justice Policy"The title of this post is the title of this notable new paper available via SSRN authored by the prolific and profound Michael Tonry. Here is the abstract:
The development of a large and productive community of criminal justice programs, scholars, and researchers in the United States since the 1970s has not led to the emergence of a general norm of evidence-based policy making. Nor on many subjects have accumulations of improved knowledge had much influence. On a few they have.
The two best examples of influence are policing and early childhood prevention programs. Concerning policing, a plausible story can be told of an iterative process of research showing that police practices and methods do and do not achieve sought-after results, followed by successive changes in how policing is done. Concerning early childhood programs, a conventional scientific process of hypothesis testing and repeated pilot projects with strong evaluations led to widespread adoption of improved programs and techniques.
Concerning sentencing, sanctioning policies, firearms and violence, and drug policy, by contrast, strong bodies of accumulating evidence have consistently been ignored. Correctional rehabilitation research is a hybrid. Eclipsed in the 1970s by a gloomy view that “nothing works,” research on correctional treatment in the 1980s and 1990s demonstrated that a wide variety of programs can improve offenders’ lives and reduce reoffending. The findings have influenced the development of reentry and other programs that focus primarily on risk classification and reduction of recidivism rates, but only incidentally on addressing offenders’ social welfare needs.
Wednesday, September 18, 2013
The Sentencing Project releases "Life Goes On: The Historic Rise in Life Sentences in America"
I received an email alerting me to an important new publication about life and LWOP sentence just released by The Sentencing Project. Here is the text of the email, which includes links to the publication as well as a summry of its key findings:
While serious crime rates in the U.S. have been declining for the last 20 years, the number of prisoners serving life sentences has more than quadrupled since 1984. As documented in our new report, Life Goes On: The Historic Rise in Life Sentences in America, by senior research analyst Ashley Nellis, over 159,000 people were serving life sentences in 2012, with nearly 50,000 serving life without parole.
Key findings from the report include:
In order to reshape our crime policies to facilitaterehabilation, promote public safety, and reduce the high cost of massincarceration, the report recommends eliminating life without parole,increasing the use of executive clemency, preparing persons sentenced to lifefor release from prison, and restoring the role of parole in prisoner release.
- One of every nine individuals in prison is serving a life sentence.
- The population of prisoners serving life without parole (LWOP) has risen more sharply than those with the possibility of parole: there has been a 22.2% increase in LWOP since just 2008.
- Approximately 10,000 lifers have been convicted of nonviolent offenses.
- Nearly half of lifers are African American and 1 in 6 are Latino.
- More than 10,000 life-sentenced inmates have been convicted of crimes that occurred before they turned 18 and nearly 1 in 4 of them were sentenced to LWOP.
- More than 5,300 (3.4%) of the life-sentenced inmates are female.
September 18, 2013 in Data on sentencing, Detailed sentencing data, Offender Characteristics, Offense Characteristics, Prisons and prisoners, Scope of Imprisonment | Permalink | Comments (4) | TrackBack
Thursday, September 12, 2013
US Sentencing Commission releases more documents in its great new "Quick Facts" seriesI am so very pleased to see and to be able to report that the US Sentencing Commission is continuing to produce a steady stream of documents as part of its terrific new series of reader-friendly "Quick Facts" publications. (Regular readers may recall from this prior post that the USSC describes these publications as a way to "give readers basic facts about a single area of federal crime in an easy-to-read, two-page format.)
As I have said before, I think this is a very valuable new innovation coming from the USSC, and I have already learned a lot and benefited greatly from these latest two publications in the series:
- Marijuana Trafficking Offenses (September 2013)
- Methamphetamine Trafficking Offenses (September 2013)
September 12, 2013 in Data on sentencing, Detailed sentencing data, Drug Offense Sentencing, Federal Sentencing Guidelines, Mandatory minimum sentencing statutes, Pot Prohibition Issues | Permalink | Comments (0) | TrackBack
Wednesday, September 04, 2013
How could and should folks view (or "spin") latest results from national survey on drug use and health?
Released today were the findings from the 2012 National Survey on Drug Use and Health by the U.S. Department of Health and Human Services. Helpfully, thanks to our modern digital world, everyone can look at the full reported results from HHS here and a collections of "highlights" at this link. Or one can look at these headlines from some early major media reports:
- From ABC News here, "Drug Use Drops for America's Youth, Rises in the Over 50 Crowd"
- From CBS News here, "New US drug survey: Marijuana and heroin increasing"
- From The Hill here, "Federal survey shows heroin use up significantly"
- From USA Today here, "More Americans are using marijuana"
As these headlines highlight, there are lots of ways to view the latest survey data. (Moreover, because the stigma associated with marijuana use has declined with evolving laws and policy perspectives, I cannot help but wonder if the measured increase in reported use of marijuana might, at least to some degree, reflect an increase in the willingness of persons to admit to marijuana use rather than an actual increase in use.)
Usefully, because the 2012 National Survey on Drug Use and Health also explores alcohol and tobacco use, as well as reported rates of "substantance dependence/abuse," there are a number of notable (though less reported) seemingly positive stories emerging from this latest government report concerning drug use and abuse over the last decade. Specifically (and quoting now directly from the HHS highlights):
- Between 2002 and 2012, past month use of any tobacco product among persons aged 12 or older decreased from 30.4 to 26.7 percent... [and] the rate of past month tobacco use among 12 to 17 year olds declined from 15.2 percent in 2002 to 8.6 percent in 2012.
- Between 2002 and 2012, the percentage of youths aged 12 to 17 with substance dependence or abuse declined from 8.9 to 6.1 percent.
- The number of past year cocaine initiates declined from 1.0 million in 2002 to 639,000 in 2012. The number of crack cocaine initiates declined from 337,000 to 84,000 during this period.
- The rate of current marijuana use among youths aged 12 to 17 decreased from 8.2 percent in 2002 to 6.7 percent in 2006, remained unchanged at 6.7 percent in 2007 and 2008, then increased to 7.9 percent in 2011. The rate declined to 7.2 percent in 2012.
- Past month, binge, and heavy drinking rates among underage persons declined between 2002 and 2012. Past month alcohol use declined from 28.8 to 24.3 percent, binge drinking declined from 19.3 to 15.3 percent, and heavy drinking declined from 6.2 to 4.3 percent.
I am inclined to ultimately view the data emerging from 2012 National Survey on Drug Use and Health as evidence that, all things considered, Americans are somewhat healthier now than we were a year ago and a lot healthier now than we were a decade ago. But most of the headlines I see from the media seem to be emphasizing reported increases in the use of certain substantances rather than reported decreases in the use of other substances.
Tuesday, September 03, 2013
"Evidence-Based Sentencing and the Scientific Rationalization of Discrimination"The title of this post is the title of this provocative new paper by Sonja Starr now available via SSRN. Here is the abstract:
This paper critiques, on legal and empirical grounds, the growing trend of basing criminal sentences on actuarial recidivism risk prediction instruments that include demographic and socioeconomic variables. I argue that this practice violates the Equal Protection Clause and is bad policy: an explicit embrace of otherwise-condemned discrimination, sanitized by scientific language.
To demonstrate that this practice should be subject to heightened constitutional scrutiny, I comprehensively review the relevant case law, much of which has been ignored by existing literature. To demonstrate that it cannot survive that scrutiny and is undesirable policy, I review the empirical evidence underlying the instruments. I show that they provide wildly imprecise individual risk predictions, that there is no compelling evidence that they outperform judges’ informal predictions, that less discriminatory alternatives would likely perform as well, and that the instruments do not even address the right question: the effect of a given sentencing decision on recidivism risk. Finally, I also present new, suggestive empirical evidence, based on a randomized experiment using fictional cases, that these instruments should not be expected merely to substitute actuarial predictions for less scientific risk assessments, but instead to increase the weight given to recidivism risk versus other sentencing considerations.
Tuesday, August 27, 2013
In praise of the US Sentencing Commission's new "Quick Facts" series
I am very pelased to see and to be able to report that the US Sentencing Commission has launched a notable new series of reader-friendly publications. This posting from the USSC's webpage explains:
The Commission presents a new publication series called "Quick Facts." These publications will give readers basic facts about a single area of federal crime in an easy-to-read, two-page format.
I think this is a terrific new innovation coming from the USSC, and I have already learned a few things from these first two publications in the series:
Sunday, August 11, 2013
New National Academy of Sciences effort seeking to unpack the crime declineAs reported via this helpful piece at The Crime Report, some really important and smart folks are now hard at work trying to understand fully the modern US crime decline. Here are the basics of the effort as explained in the start of this linked report:
The crime level has dropped in the United States over the past two decades, but definitive explanations are lacking. With funding from the Justice Department’s National Institute of Justice, the National Academy of Sciences has organized a project to address that important issue. In a chat with The Crime Report’s Washington Bureau Chief Ted Gest, criminologist Richard Rosenfeld of the University of Missouri-St. Louis — who heads the effort — explains the project’s aims, reports on the topics covered at the first sessions in Washington in June, and explains why it would be a “bad bet” to assume the crime drop will continue indefinitely.
The Crime Report: How is this project organized?
Richard Rosenfeld: It is a so-called “roundtable” on crime trends. The group met in June, and we plan to hold five more sessions over the next three years to hear from experts about various aspects of changes in crime rates over time, both in the United States and elsewhere. We’re primarily focusing on changes in the United States over the last several decades, but at our first meeting we also talked about centuries-long changes in Europe and the U.S., going back to colonial America. This is a broad and comprehensive look at changes over time in crime, and some of the factors connected with those changes.
TCR: Who is involved?
Rosenfeld: There are 16 members of the roundtable. Twelve are academics, including nine criminologists: myself, Eric Baumer of Florida State University, Shawn Bushway of the University at Albany (SUNY), Manuel Eisner of the University of Cambridge, Susan Herman of Pace University, Dan Isom of the University of Missouri-St. Louis (a former police chief); Janet Lauritsen of the University of Missouri-St. Louis, Maria Velez of the University of New Mexico, and David Weisburd of George Mason University and The Hebrew University. The other academics are public health expert David Hemenway of Harvard; historian Randolph Roth of Ohio State University, and economist Jose Scheinkman of Princeton University. Non-academics in the group are Jim Bueermann, a former police chief who now heads the Police Foundation, District Attorney George Gascon of San Francisco; Maxine Hayes, Washington State Health Officer, and Florida Circuit Judge Cindy Lederman.
TCR: Tell us about the first two sessions.
Rosenfeld: We met in Washington, D.C., for two days in June. The five public sessions covered these topics: U.S. crime trends in historical perspective, trends disaggregated by offense type, regional and local variations; gender, race and ethnicity of victims and offenders; and U.S. crime trends in international perspective. The content of the presentations, all of which were made by roundtable members, may be seen at this site.
At our next meeting, which will also be in Washington, at an early December date to be determined, we will focus on the “lead hypothesis,” that the removal of lead from paint and gasoline resulted in crime declines some years later and may largely explain the crime drop. We’ll hear from people who have researched that topic. We haven’t yet set the agendas for the four sessions that will follow that.
A few related posts on modern crime rates:
- Effective Washington Post commentary talks up great (and still puzzling) crime decline
- Should we thank unleaded gas and the EPA for the great modern crime decline?
- Still more (and still puzzling) crime rate declines reported by FBI
- Is the great US crime decline now finally over?: BJS reports crime up in 2011
- FBI reports crime was down yet again in 2011 (though BJS said it was up)
- Is there really a simple explanation for record-low homicide rate in NYC (or the increase in Chicago)?
- Some speculations about the great crime decline in Florida
Friday, August 02, 2013
Could prison perhaps be helping to cause serious recidivism in Delaware?The question in the title of this post is the first reaction I had upon seeing this lengthy local story, headlined "Study: 8 in 10 released inmates return to Del. prisons." Here are the details:
Nearly eight in 10 Delaware inmates sentenced to more than a year in prison are arrested again for a serious offense within three years of their release, according to a first-of-its-kind state study. The 27-page report, Recidivism in Delaware, also found that 71% of released prisoners are convicted of a serious crime within three years, and that 68% return to prison for at least one day....
Conducted by the Delaware Criminal Justice Council, the report was a necessary initial step to evaluating the effectiveness of the state's justice system, including the programs available to prisoners while behind bars or after being freed. "These are people who have been sentenced to a year or more in prison, the more serious offenders, and we expected them to be the highest recidivists," said Drewry N. Fennell, the criminal justice council's executive director.
"It really gives us a baseline against which to measure our successes in the future. And our failures. And to know whether we are spending our time and money well in ways that really do enhance communities that people are going back to, as well as enhancing the lives of people who have been incarcerated. We don't want to invest in things that don't do that."
Delaware Gov. Jack Markell said the information should be used to develop better strategies to prevent crime and reduce the number of criminals who re-offend. "Too many people released from our prisons go on to commit more crimes. We need to change that," he said in a statement.
Delaware officials haven't studied how effective the corrections system is in keeping offenders from returning to prison since 2000, and that study was limited to a one-time snapshot of prisoners returning after their release in the 1980s and early 1990s.
Delaware Public Defender Brendan O'Neill, whose taxpayer-funded agency represents about 85% of the state's defendants, said he was surprised the rates included in the new report are so high. "It raises more questions than it answers now," O'Neill said, while applauding officials for finally conducting the long-needed study....
Delaware Attorney General Beau Biden said in a written statement that the report "highlights an alarming rate of recidivism that needs to be addressed by the criminal justice system." Biden said its findings underscore problems his office has been trying to address, such as prison sentences that don't "adequately reflect the seriousness of the crime" or deter future crimes, and the failure of judges to order pre-sentence reports for most serious felony cases.
Delaware embarked on the study on the orders of the General Assembly, which passed a bill in 2012 that required an annual report from the Criminal Justice Council's Statistical Analysis Center. The law, part of the Justice Reinvestment Initiative that looks to spend corrections dollars more wisely, requires one-year, two-year and three-year rates of re-arrest, reconviction and recommitment of released offenders....
Researchers studied 1,167 prisoners released in 2008 and 1,091 freed in 2009. About 91% were men. Fifty-nine percent were black, and 41% white. Those released in 2008 had slightly higher rates of going back into the criminal justice system than those freed in 2009. Of the 2008 group, 56% got arrested for a "serious offense" within one year, compared to 53% in 2009. Fennell said serious crimes include all felonies and Class A and B misdemeanors. Class B misdemeanors include crimes such as marijuana possession, prostitution and criminal contempt....
Perry Phelps, head of the Bureau of Prisons, cautioned, however, that the deck is often stacked against former inmates because they have trouble getting public assistance, college financial aid or jobs. Lawmakers, educators and employers need to face that reality and remove some of the barriers for those who truly want to reform to help prevent them from returning to their criminal ways, he said.
"We tell people in this country we forgive and forget. You go to jail and do your time and you are set free. But that's not the reality of it," Phelps said. "Some people are ostracized as criminals for so long when they go back to society."
A press release concerning this recidivism report is available at this link, and the full report is available at this link. Among the notable findings from the detailed report is that property offenders serving significant prison terms the first time around still have the highest recidivism rate, which leads me to worry (as my post title suggests) that property offenders may be folks most likely to learn about new and improved ways to commit new offenses while inside prison.
Tuesday, July 30, 2013
New USSC data on implimentation and impact of retroactive crack guidelines after FSA
I just noticed on the US Sentencing Commission's website this new data report carrying the title "Preliminary Crack Retroactivity Data Report; Fair Sentencing Act." This report, dated July 2013, appears to be the latest accounting of who has (and has not) received the benefit of retroactive application of the 2011 amendments to the federal sentencing guidelines for crack offenses which implemented the new 18-1 crack/powder ratio that Congress created via the Fair Sentencing Act of 2010.
Based on the information reflected in Tables 1 amd 8 of this data report, it appears that just over 7300 defendants received, on average, a 29-month reduction in their crack sentences thanks to the new FSA-inspired crack guidelines being made retroactive. Significantly, this average reduction merely lowered the average crack sentence from roughly 12.5 years to just over 10 years for the group receiving sentence reductions; this means that even the new-average-lowered sentence for crack offenses were still significantly higher that the average sentences imposed for any other federal drug crimes.
For those eager to gauge the potential economic impact of FSA retroactivity, it appears that the retroactive guidelines as implemented has now saved almost 16,000 cumulative years of federal imprisonment, with a consequent savings to federal taxpayers of approximately a half-billion dollars (based on a conservative estimate of a taxpayer cost of roughly $30,000 per prisoner for each year of federal incarceration). And for those concerned about racial sentencing dynamics, Table 5 of this data reports that more than 85% of those benefiting from reduced crack sentences have been black prisoners, demonstrating once again the historically racialized reality of federal crack prosecutions.
As I have said in prior posts, if those defendants who received reduced sentences find ways to become productive (and tax-paying) citizens, the benefits to society will profoundly transcend the saved incarceration costs. And it those defendants do not learn the error of their law-breaking ways, I both expect and hope they will really get the sentencing book thrown at them if ever up for sentencing again.
July 30, 2013 in Data on sentencing, Detailed sentencing data, New crack statute and the FSA's impact, New USSC crack guidelines and report, Race, Class, and Gender, Scope of Imprisonment, Sentences Reconsidered | Permalink | Comments (0) | TrackBack
Friday, July 26, 2013
New BJS data show continued 2012 decline in state prison populations (and continued federal increase)As detailed in this official press release from the Bureau of Justice Statistics, which carries the heading "U.S. Prison Population Declined for Third Consecutive Year During 2012," the impact of tight budgets and state reforms continues to impact national prison populations in important and significant ways. Here are the basic details:
The U.S. prison population declined 1.7 percent (or by 27,770 inmates) from 2011 to 2012, falling to an estimated 1,571,013 prisoners.... Nine states had a decrease of over 1,000 prisoners in 2012: California, Texas, North Carolina, Colorado, Arkansas, New York, Florida, Virginia and Maryland.
This is the third consecutive year of a decline in the number of state prisoners, which represents a shift in the direction of incarceration practice in the states over the past 30 years. The prison population grew every year between 1978 and 2009, from 307,276 prisoners in 1978 to a high of 1,615,487 prisoners in 2009....
California accounted for the majority (51 percent) of the decline in state prisoners with 15,035 fewer inmates in 2012 than 2011. The decline in California was due in part to its Public Safety Realignment policy, which was designed to reduce overcrowding in the state prisons by diverting new admissions of “nonserious, nonsex, nonviolent offenders” from state prisons to local jails.
The decline in the state prison population was offset by an increase in the number of federal inmates. The federal prison population grew by 0.7 percent (or 1,453 inmates) during 2012, a slower rate than the average annual increase of 3.2 percent each year over the past 10 years.
The U.S. imprisonment rate dropped to 480 sentenced prisoners per 100,000 residents in 2012, continuing a decline since 2007. The national imprisonment rate for males (910 sentenced prisoners per 100,000 male U.S. residents) was over 14 times the imprisonment rate for females (63 sentenced prisoners per 100,000 female U.S. residents). The female imprisonment rate decreased 2.9 percent in 2012 from 65 per 100,000 female U.S. residents in 2011.
In 2012, states with the highest imprisonment rates included Louisiana (893 per 100,000 state residents), Mississippi (717 per 100,000 state residents), Alabama (650 per 100,000 state residents), Oklahoma (648 per 100,000 state residents), and Texas (601 per 100,000 state residents).
Maine had the lowest imprisonment rate among states (145 per 100,000 state residents), followed by Minnesota (184 per 100,000 state residents), and Rhode Island (190 per 100,000 state residents).
In 2011 (the most recent data available), the majority (53 percent) of sentenced state prisoners were serving time for a violent offense, including robbery (14 percent), murder or nonnegligent manslaughter (12 percent), rape or sexual assault (12 percent) and aggravated or simple assault (10 percent). About 18 percent were serving time for property offenses, 17 percent for drug crimes and 11 percent for public order offenses, such as weapon violations, drunk driving, commercialized vice and court offenses.
White prisoners comprised 35 percent of the 2011 state prison population, while black prisoners were 38 percent and Hispanics were 21 percent. The percentage of Hispanic inmates sentenced for violent offenses (58 percent) during 2011 exceeded that of non-Hispanic black (56 percent) and non-Hispanic white (49 percent) inmates, while the number of black inmates imprisoned for violent crimes (284,631) surpassed that of white (228,782) or Hispanic (162,489) inmates.
The number of white inmates sentenced for property crime (108,560) was larger than the number of black (78,197) and Hispanic (38,264) inmates sentenced for property crime, while more black inmates were sentenced for drug offenses than inmates of other races or Hispanic origin.
All of this data, and lots more of note, can be found via this 17-page BJS report, which carries the thrilling title "Prisoners in 2012 - Advance Counts." Effective media coverage of this notable new prisoner data can be found via this New York Times article headlined "U.S. Prison Populations Decline, Reflecting New Approach to Crime."
Monday, July 08, 2013
Effective review of modern state clemency procedures as Kentucky's is challengedThis recent AP article, headlined "Kentucky Alone In Lack of Formal Clemency Procedure," provides an effective review of different states' different approaches to the clemency process. Here are excerpts:
The power of kings to spare a condemned person's life lies solely with the governor in Kentucky, which is one of a select few states where the chief executive can spare death row inmates, shorten sentences and forgive crimes without oversight or having to explain his actions.
A review of clemency laws and policies across the country by The Associated Press shows nearly all other states have regulations to follow and oversight - including in some cases having to explain a decision to legislators. "The trend in states is to spread the power and make it a little more democratic," said P.S. Ruckman, a political science professor at Rock Valley College in Rockford, Ill., who blogs about clemency. "Kentucky is on the wrong side of that trend."
Since the reinstatement of the death penalty in 1976, two condemned inmates in Kentucky have gotten reprieves and right now, the state is barred from executing anyone until a judge decides on the legality of the drugs used. The state has executed three people in that time.
Two death row inmates are challenging that power and the way the clemency system itself is set up. Robert Foley and Ralph Baze are awaiting execution for multiple killings. They filed suit in May in Franklin Circuit Court, asking a judge to halt executions until a new set of procedures will clearly spell out rules.
The attorney for the inmates, Meggan Smith, said if the clemency procedures were more open, inmates seeking a commutation or pardon may have a better chance and everyone involved would better understand how the decision is made. "What we are seeking is an open, transparent procedure, which will benefit the Commonwealth, victims' families, those seeking clemency, and the public in general," Smith said.
Kentucky's governor has absolute discretion in granting clemency - no recommendations, hearings or requests are needed for the state's top official to decide someone should not be put to death. It's a power similar to those available to governors in New York, New Mexico, North Carolina, North Dakota and Missouri....
Ruckman found the challenge to the clemency process novel. While there have been suits in federal court and in Kentucky contesting the scope of the powers, those have generally reaffirmed the ability of governors and presidents to pardon as they choose. Ruckman noted few suits have attacked the method by which clemency is granted.
Thirteen states - Arizona, Arkansas, Connecticut, Delaware, Florida, Illinois, Indiana, Massachusetts, Montana, Oklahoma, Pennsylvania, South Dakota and Washington - mandate a hearing when a clemency petition is filed.
Fifteen states - California, Georgia, Idaho, Louisiana, Maine, Maryland, Michigan, Nebraska, Nevada, New Hampshire, New York, Tennessee, Texas and Utah - grant the governor or pardon board discretion to set a hearing when they determine one is necessary.
Two states - Alaska and Colorado - provide victims or others the opportunity to submit written comments on pending clemency petitions. Two states -Iowa and Kansas - permit a pardon board or governor to interview key witnesses concerning a petition.
Other states have a mix of processes, with the governor having to explain clemency decisions to lawmakers in some cases, while states such as South Carolina have an outside board make clemency decisions.
The president has almost unlimited discretion to grant clemency under the federal system. "When all is said and done, Kentucky leans toward the federal model," Ruckman said.
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.
Saturday, June 29, 2013
The great NYC homicide decline continuesAs 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.
Sunday, June 23, 2013
Notable condemned and notable execution milestone in Texas this weekAs 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.
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:
- Hunting Zombies: The War on Drugs and Prison Growth
- Setting the Stage: The Explosion in Prison Populations
- Some More Evidence Against the War on Drugs Hypothesis
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:
- Prez Obama makes three great new nominations to the US Sentencing Commission
- If (and when?) confirmed, will Judge William Pryor champion federalism concerns within the US Sentencing Commission?
Monday, March 25, 2013
New report assails Massachusetts sentencing and corrections policies and practicesThis 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 sentencingThe 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:
- US Sentencing Commission releases big new report on federal child porn sentencing
- Doesn't the new USSC report necessarily rebut any appellate "presumption of reasonableness" for within-guideline child porn sentences?
- The many (impossible?) challenges of federal child pornography sentencing
- DOJ agrees with US Sentencing Commission that child porn guidelines are badly broken
- Notable debate in Wisconsin over new state child porn sentencing law
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 eraAs 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):
Tuesday, March 05, 2013
The many (impossible?) challenges of federal child pornography sentencingThe 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":
- "New Gloucester man sentenced to 25 years on child porn charges"
- "Old Orchard Beach man gets 1 year and 1 day for possessing child porn"
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:
- "Berwick man gets 7 years for possessing child pornography"
- "Bangor lawyer suspended from practicing gets six months for child pornography"
- "Former Newport man sentenced to 20 years in federal prison for having child pornography"
- "Fort Fairfield man sentenced to five years in federal prison for possessing child porn"
- "Sanford man gets nearly 30-year sentence on child porn charges"
- "Ex-kindergarten teacher gets 16 years on child porn charge"
- "Ex-state prosecutor sentenced to 16 years for child porn offenses"
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:
- US Sentencing Commission releases big new report on federal child porn sentencing
- Doesn't the new USSC report necessarily rebut any appellate "presumption of reasonableness" for within-guideline child porn sentences?
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 (26) | TrackBack
Wednesday, February 27, 2013
US Sentencing Commission releases big new report on federal child porn sentencingAs 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):
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.
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.”
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 (12) | 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:
This report assesses the continuing impact on the federal sentencing system of the Supreme Court's decision in United States v. Booker.
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:
- US Sentencing Commission releases (and provides on-line here only) new Booker report
- Summary of key USSC findings in its big new Booker report
- Wall Street Journal covers USSC's new Booker report (and its unusual coverage)
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:
- US Sentencing Commission releases (and provides on-line here only) new Booker report
- Summary of key USSC findings in its big new Booker report
- Wall Street Journal covers USSC's new Booker report (and its unusual coverage)
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:
- US Sentencing Commission releases (and provides on-line here only) new Booker report
- Summary of key USSC findings in its big new Booker report
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.
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 metricsThe 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:
- Should a US Attorney take pride in helping to "have produced the longest average prison sentences in the country"?
- Summary of key USSC findings in its big new Booker report
- Wonderfully puzzling violent crime rate continues to decline
- Does the last decade add support for "more guns, less crime" claims?
- Is there really a simple explanation for record-low homicide rate in NYC (or the increase in Chicago)?
- "Empirical evidence suggests a sure fire way to dramatically lower gun homicides: repeal drug laws"
- Effective explanation of why we never can really know impact of capital punishment
- Is education the best way to fight crime? And why aren't these topics linked more in political discourse?
- "Marijuana Possession Arrests Exceed Violent Crime Arrests"
- Is new brain science now suggesting football is more dangerous than marijuana for kids?
- How can and should we assess the "success" of medical marijuana and pot prohibition reform efforts?
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.
Friday, February 01, 2013
Summary of key USSC findings in its big new Booker report
As 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]:
 The number of federal offenders has substantially increased, and most federal offenders have continued to receive substantial sentences of imprisonment.
 The guidelines have remained the essential starting point for all federal sentences and have continued to influence sentences significantly.
 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.
 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.
 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.
 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.
 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.
Prosecutorial practices have contributed to disparities in federal sentencing.
 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.
 Appellate review has not promoted uniformity in sentencing to the extent the Supreme Court anticipated in Booker.
 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.
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 firstname.lastname@example.org to discuss how we can support your efforts in the area of state policy reform.
- Juvenile life without parole: Three states — California, Louisiana, and Pennsylvania — authorized sentencing relief for certain individuals sentenced to juvenile life without parole.
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.
Tuesday, January 15, 2013
"Mass Incarceration in Three Midwestern States: Origins and Trends"The title of this post is the title of this new paper now on SSRN authored by the ever-prolific Professor Michael O'Hear. Here is the abstract:
This Article considers how the mass incarceration story has played out over the past forty years in three medium-sized, Midwestern states, Indiana, Minnesota, and Wisconsin. The three stories are similar in many respects, but notable differences are also apparent. For instance, Minnesota’s imprisonment rate is less than half that of the other two states, while Indiana imprisons more than twice as many drug offenders as either of its peers.
The Article seeks to unpack these and other imprisonment trends and to relate them to crime and arrest data over time, focusing particularly on the relative importance of violent crime and drug enforcement as drivers of imprisonment growth.
Saturday, January 12, 2013
New resource on location of death sentences handed down in 2012I was intrigued to see this new information and resource on the top of the Death Penalty Information Center website:
The Death Penalty Information Center is pleased to offer a new resource page on death sentences in 2012. Seventy-seven (77) people were sentenced to death in 2012, the second lowest number of sentences since the death penalty was reinstated in 1976. Of those sentenced, 3 were women; 48% were black; 40% were white. Four states (FL, CA, TX, and PA) were responsible for 66% of the death sentences, and only 9 counties produced over a third of the death sentences in the country. Information is provided on the name, race, state, and county for each defendant. A downloadablle spreadsheet enables sorting by each of these categories. Click here for our Death Sentences in 2012 page.
Thursday, January 03, 2013
Should we thank unleaded gas and the EPA for the great modern crime decline?The provocative question in the title of this post comes from this new provocative Mother Jones article by Kevin Drum headlined "America's Real Criminal Element: Lead." The lengthy piece is probably the first "must read" of 2013 for crime and punishment fans, and here are a few excerpts which highlight why:
[I]t's not just New York that has seen a big drop in crime. In city after city, violent crime peaked in the early '90s and then began a steady and spectacular decline. Washington, DC, didn't have either Giuliani or Bratton, but its violent crime rate has dropped 58 percent since its peak. Dallas' has fallen 70 percent. Newark: 74 percent. Los Angeles: 78 percent. There must be more going on here than just a change in policing tactics in one city. But what?
There are, it turns out, plenty of theories. When I started research for this story, I worked my way through a pair of thick criminology tomes. One chapter regaled me with the "exciting possibility" that it's mostly a matter of economics: Crime goes down when the economy is booming and goes up when it's in a slump. Unfortunately, the theory doesn't seem to hold water — for example, crime rates have continued to drop recently despite our prolonged downturn.
Another chapter suggested that crime drops in big cities were mostly a reflection of the crack epidemic of the '80s finally burning itself out. A trio of authors identified three major "drug eras" in New York City, the first dominated by heroin, which produced limited violence, and the second by crack, which generated spectacular levels of it. In the early '90s, these researchers proposed, the children of CrackGen switched to marijuana, choosing a less violent and more law-abiding lifestyle. As they did, crime rates in New York and other cities went down.
Another chapter told a story of demographics: As the number of young men increases, so does crime. Unfortunately for this theory, the number of young men increased during the '90s, but crime dropped anyway. There were chapters in my tomes on the effect of prison expansion. On guns and gun control. On family. On race. On parole and probation. On the raw number of police officers. It seemed as if everyone had a pet theory. In 1999, economist Steven Levitt, later famous as the coauthor of Freakonomics, teamed up with John Donohue to suggest that crime dropped because of Roe v. Wade; legalized abortion, they argued, led to fewer unwanted babies, which meant fewer maladjusted and violent young men two decades later.
But there's a problem common to all of these theories: It's hard to tease out actual proof. Maybe the end of the crack epidemic contributed to a decline in inner-city crime, but then again, maybe it was really the effect of increased incarceration, more cops on the beat, broken-windows policing, and a rise in abortion rates 20 years earlier. After all, they all happened at the same time....
Even low levels have a significant effect. So we're back to square one. More prisons might help control crime, more cops might help, and better policing might help. But the evidence is thin for any of these as the main cause. What are we missing?...
A molecule? That sounds crazy. What molecule could be responsible for a steep and sudden decline in violent crime? Well, here's one possibility: Pb(CH2CH3)4....
The biggest source of lead in the postwar era, it turns out, wasn't paint. It was leaded gasoline. And if you chart the rise and fall of atmospheric lead caused by the rise and fall of leaded gasoline consumption, you get a pretty simple upside-down U: Lead emissions from tailpipes rose steadily from the early '40s through the early '70s, nearly quadrupling over that period. Then, as unleaded gasoline began to replace leaded gasoline, emissions plummeted....
During the '70s and '80s, the introduction of the catalytic converter, combined with increasingly stringent Environmental Protection Agency rules, steadily reduced the amount of leaded gasoline used in America, but [researcher Jessica Wolpaw] Reyes discovered that this reduction wasn't uniform. In fact, use of leaded gasoline varied widely among states, and this gave Reyes the opening she needed. If childhood lead exposure really did produce criminal behavior in adults, you'd expect that in states where consumption of leaded gasoline declined slowly, crime would decline slowly too. Conversely, in states where it declined quickly, crime would decline quickly. And that's exactly what she found.
Meanwhile, [researcher Rick] Nevin ... in 2007 he published a new paper looking at crime trends around the world. This way, he could make sure the close match he'd found between the lead curve and the crime curve wasn't just a coincidence. Sure, maybe the real culprit in the United States was something else happening at the exact same time, but what are the odds of that same something happening at several different times in several different countries?
Nevin collected lead data and crime data for Australia and found a close match. Ditto for Canada. And Great Britain and Finland and France and Italy and New Zealand and West Germany. Every time, the two curves fit each other astonishingly well. When I spoke to Nevin about this, I asked him if he had ever found a country that didn't fit the theory. "No," he replied. "Not one."
We now have studies at the international level, the national level, the state level, the city level, and even the individual level. Groups of children have been followed from the womb to adulthood, and higher childhood blood lead levels are consistently associated with higher adult arrest rates for violent crimes. All of these studies tell the same story: Gasoline lead is responsible for a good share of the rise and fall of violent crime over the past half century.
Like many good theories, the gasoline lead hypothesis helps explain some things we might not have realized even needed explaining. For example, murder rates have always been higher in big cities than in towns and small cities. We're so used to this that it seems unsurprising, but Nevin points out that it might actually have a surprising explanation—because big cities have lots of cars in a small area, they also had high densities of atmospheric lead during the postwar era. But as lead levels in gasoline decreased, the differences between big and small cities largely went away. And guess what? The difference in murder rates went away too. Today, homicide rates are similar in cities of all sizes. It may be that violent crime isn't an inevitable consequence of being a big city after all.
The gasoline lead story has another virtue too: It's the only hypothesis that persuasively explains both the rise of crime in the '60s and '70s and its fall beginning in the '90s. Two other theories — the baby boom demographic bulge and the drug explosion of the '60s — at least have the potential to explain both, but neither one fully fits the known data. Only gasoline lead, with its dramatic rise and fall following World War II, can explain the equally dramatic rise and fall in violent crime.
Some related posts on the great modern crime decline:
- Still more (and still puzzling) crime rate declines reported by FBI
- Effective Washington Post commentary talks up great (and still puzzling) crime decline
- Amazingly great new FBI data: crime down yet again in start of 2011!
- Still more great news and data on the latest crime rates in the United States
- Remarkable drop in US violent crimes rates in 2010 according to latest BJS data
- Wonderfully puzzling violent crime rate continue to decline (despite NFL lockout)
- Some speculations about the great crime decline in Florida
- Despite death penalty's practical demise and a prisoner release order, California crime hit record low in 2010
- Is the great US crime decline now finally over?: BJS reports crime up in 2011
- FBI reports crime was down yet again in 2011 (though BJS said it was up)
Monday, December 31, 2012
Chief Justice John Roberts defends costs of federal judiciary in year-end reportProof I am a true law geek comes from the peculiar joy I get around this time each year from blogging about the traditional "Year-End Report on the Federal Judiciary" authored the Chief Justice of the United States. This Wall Street Journal piece has a summary of this year's report, which is available at this link and starts with a great tale about the USS Constitution and the War of 1812. Here is an overview based in the WSJ summary:
Chief Justice John Roberts, acknowledging the "fiscal cliff," avoided again lobbying for a judicial pay raise in his annual report on the U.S. court system but sought to defend the courts against future cutbacks....
This year, the chief justice explicitly acknowledged "the much publicized 'fiscal cliff'" consuming the executive and legislative branches, as well as "the longer term problem of a truly extravagant and burgeoning national debt." Rather than seek a bigger slice of the pie, the chief justice, who serves as administrative head of the federal judiciary in addition to presiding over the Supreme Court, argued that the judicial system already offers Americans good value and doesn't deserve to be cut.
This year's report also includes the usual accounting of caseloads in the federal courts, including these notable criminal justice caseload statistics:
Filings in the regional courts of appeals rose four percent to 57,501. Growth occurred in all types of appeals except civil appeals, which decreased one percent. Criminal appeals climbed 12 percent.
Filings for criminal defendants (including those transferred from other districts), which had reached an all-time high in 2011, dropped nine percent this year to 94,121. Excluding transfers, reductions occurred in the number of defendants charged with nearly every major offense, including drug crimes. Filings for defendants charged with immigration violations decreased 10 percent. The southwestern border districts once again accounted for 74 percent of the nation’s total immigration defendant filings.
Growth was reported for defendants accused of firearms offenses. Filings for defendants prosecuted for regulatory offenses also increased.
Friday, December 28, 2012
Is Florida becoming, in place of Texas, the new capital for capital punishment in the US?The question in the title of this post is prompted by this recent local article, which is headlined "Report: Florida leads nation in new death penalty case." Here are excerpts:
With so many more death sentences now being handed out in Florida as compared to Texas, and with a death row in Florida now 25% bigger than in Texas, Florida perhaps should now be viewed as an even tougher state than Texas when it comes to application of capital punishment. That said, Texas remains far ahead of all other states in total and yearly numbers of executions, which is perhaps a more critical metric for assessing a state's affinity for and pursuit of the death penalty for certain murders.
As capital punishment declines in use and support nationwide, Florida leads the country in the number of death sentences handed down this year, according to a report by a group that advocates against the death penalty.
Florida judges sentenced 21 killers to death in 2012, followed by California with death sentences for 14 murderers, Texas with 9 and Pennsylvania with seven, according to the Death Penalty Information Center. The four states accounted for 65 percent of the death sentences handed out in the United States....
Hillsborough State Attorney Mark Ober said seeking capital punishment is a scrupulous process. "We understand the consequences of these decisions," Ober said....
Florida Attorney General Pam Bondi, in a written statement to The Tampa Tribune, defended the state's use of the death penalty. "As attorney general and a former prosecutor, I firmly believe the death penalty is the appropriate sentence for those convicted of the most heinous murders," Bondi said. "Thanks to Florida's dedicated prosecutors, the most atrocious murderers are on death row, where they belong, for violently taking innocent lives."...
Ober's office, like most state attorney's offices in Florida, has a committee that measures cases against specific legal criteria in determining whether a death sentence should be pursued in court.
But in West Palm Beach, State Attorney Peter Antonacci, appointed to the post in March, seeks the death penalty in all first-degree murder cases, according to a report in the Palm Beach Post. The process has doubled the number of death penalty cases there and outraged defense attorneys.
Florida executed three killers this year, well behind Texas, which led the nation in that category with 15 executions. Florida has the second highest population of death-row inmates, with 406, behind California's death row with 724 inmates, according to the report. Texas has 308 inmates on death row, the report says.
According to information from the Florida Department of Corrections, the average stay on death row is 13.22 years prior to execution, with a little more than 14 years between the date of offense and execution. The average age of executed inmates is 44.4 years old.