Tuesday, June 10, 2014
Intriguing new report on "Compensating Victims of Crime"
The folks at Justice Fellowship have just released an interesting new report titled simply "Compensating Victims of Crime" as part of its advocacy for restorative justice programming. This report's Executive Summary includes these passages:
Restorative Justice recognizes that crime harms people. Though most people affected by crime are never able to fully reclaim what was taken, victim compensation funds are a tool used within our criminal justice system to advance the much needed value of assisting victims and survivors of crime. Unfortunately, very little of the billions of dollars placed within these funds goes directly to victims and survivors of crime. This report is an extensive overview of victim compensation funds and highlights some concerns and provides some suggestions for reform.
Victim compensation funds are funded by criminal fines and taxpayer dollars and offer monetary assistance to victims and survivors of violent crime. Though similar in concept to restitution, they differ in eligibility requirements, funding sources, and distribution. Currently, victim compensation funds only provide monetary assistance to a small number of victims and survivors of violent crime. Of the approximately 7 million victims of violent crime per year, only 200,000 receive assistance from a compensation fund. Even more disturbing is the ratio of money spent on compensation compared to that which is spent on corrections. In 2012, federal, state, and local governments spent approximately $85 billion on corrections. In the same year, victim compensation funds paid out approximately $500 million dollars—less than 1% of what was spent on corrections.
This disparity cannot be blamed on a lack of funds. The Crime Victims Fund — a hybrid system funded jointly by federal and state dollars, but administered at the state level —currently retains a balance of almost $11 billion, while some states have additional balances that approach $10 million. Congress, however, has capped the total annual Crime Victims Fund spending at $745 million dollars despite the large pool of victims who are eligible to receive funds. Further, the average maximum amount that victims and survivors can receive from a victim compensation fund is $26,000.
Because victim compensation funds are administered on the state level, states differ in the eligibility requirements. All states compensate for medical expenses, mental health counseling, lost wages, funeral costs, and travel. Many states compensate for crime scene cleanup, attorney fees, rehabilitation, replacement services, and relocation services. Few states compensate for things like pain and suffering, property loss, stolen cash, transportation, return of an abducted child, guide dog expenses, domestic services, home healthcare, and forensic exams in sexual assaults.
Unfortunately, many victims do not receive any compensation. This often occurs simply due to a lack of knowledge about the compensation fund. However, there are numerous other reasons, including the fact that there are fairly stringent requirements that one must satisfy to receive funds. Half of all states require victims or survivors to report the crime to law enforcement within 72 hours. 12 states require a police report to be filed within 5 to 10 days. A majority of the states require victims and survivors to file a compensation claim within one to two years, and several states restrict compensation to victims who have a prior felony conviction in the last 10 years. While these requirements may not seem stringent at first glance, consider that many crimes are not ever reported for fear of retribution, continued victimization, or the stigma that comes with being a victim. Forty-two percent of victims do not report serious violent crimes to law enforcement officials. As a result, they are denied access to compensation funds....
The system currently in place can be vastly improved. The federal cap on the dispensing of funds should be raised to $1 billion. Awareness of these funds must be increased through additional community infrastructure and advocacy. Overly restrictive requirements must be relaxed so that people have a chance to qualify for compensation once they know it is available. Finally, stringent oversight and transparency of state funds for victims is necessary to ensure that the money is being used properly. Increasing awareness, access, and availability of compensation funds will prioritize victims and survivors in the criminal justice system and advance the values of restorative justice.
The full text of Compensating Victims of Crime is available here.
June 10, 2014 in Criminal Sentences Alternatives, Data on sentencing, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Victims' Rights At Sentencing | Permalink | Comments (3) | TrackBack
Saturday, June 07, 2014
Detailing how many more women have come to discover "Orange is the New Black"
To really appreciate the popular NetFlix show "Orange is the New Black," everyone should read and reflect on the data on modern female incarceration usefully assembled in this recent Fusion piece headlined "The Real Life Stats Behind Women in Prison and ‘Orange is the New Black’." Here are the data (with sources, emphasis and links included):
The series "Orange is the New Black" is based on a true experience that follows women in prison, which is one of the fastest growing prison populations. So, it’s only appropriate [with] the premiere of the second season of "Orange is the New Black" we look at some of the numbers of women in prison.
The number of women in prison increased by 646 percent between 1980 and 2010, rising from 15,118 to 112,797. If we include local jails, more than 205,000 women are now incarcerated. The female prison population is increasing at nearly double the rate for men. (The Sentencing Project-PDF)
Two thirds of women in prison are there for non-violent offenses, many for drug related crimes. (Women’s Prison Association - PDF)
Oklahoma is the greatest incarcerator of women. Oklahoma incarcerates more women per capita than any other state with 130 out of every 100,000 women in prison. Massachusetts has the lowest rate of female imprisonment at 13 per 100,000 women. (Women’s Prison Association - PDF)
1 in 25 women in state prisons and 1 in 33 in federal prisons are pregnant when admitted to prison. Women can be shackled during labor in at least 32 states. The majority of children born to incarcerated mothers are immediately separated from their mothers. (The Sentencing Project-PDF)
Women in prison are more likely than are men to be victims of staff sexual misconduct. More than three-quarters of all reported staff sexual misconduct involves women who were victimized by male correctional staff.(The Sentencing Project-PDF)
Black women represent 30 percent of all incarcerated women in the U.S, although they represent 13 percent of the female population generally.
Latinas represent 16 percent of incarcerated women, although they make up only 11 percent of all women in the U.S. (ACLU)
Transgender inmates are almost always housed according to their birth gender. The two most common responses are housing transgender prisoners on the basis of their birth gender or placing them in isolation. (American Academy of Psychiatry and the Law)
Wednesday, June 04, 2014
"Max Out: The Rise in Prison Inmates Released Without Supervision"
The title of this post is the title of a notable new report Public Safety Performance Project of The Pew Charitable Trusts. This press release about the report provides a helpful summary of its main findings, and here are excerpts from the release:
More than 1 in 5 state inmates maxed out their prison terms and were released to their communities without any supervision in 2012, undermining efforts to reduce reoffending rates and improve public safety, according to a report released today by The Pew Charitable Trusts.
A wide range of laws and policies adopted in the 1980s and ’90s has resulted in a sharp increase in the rate at which inmates serve their full sentences behind bars, leaving no time at the end for parole or probation agencies to monitor their whereabouts and activities or help them transition back into society by providing substance abuse, mental health, or other intervention programs....
Key findings of the report, Max Out: The Rise in Prison Inmates Released Without Supervision, include:
Between 1990 and 2012, the number of inmates who maxed out their sentences in prison grew 119 percent, from fewer than 50,000 to more than 100,000.
The max-out rate, the proportion of prisoners released without receiving supervision, was more than 1 in 5, or 22 percent of all releases, in 2012.
Max-out rates vary widely by state: In Arkansas, California, Louisiana, Michigan, Missouri, Oregon, New Hampshire, and Wisconsin, fewer than 10 percent of inmates were released without supervision in 2012. More than 40 percent of inmates maxed out their prison terms and left without supervision in Florida, Maine, Massachusetts, New Jersey, North Carolina, Ohio, Oklahoma, South Carolina, and Utah.
Nonviolent offenders are driving the increase. In a subset of states with data available by offense type, 20 and 25 percent of drug and property offenders, respectively, were released without supervision in 2000, but those figures grew to 31 and 32 percent, or nearly 1 in 3, in 2011.
In the past few years, at least eight states—Kansas, Kentucky, New Hampshire, North Carolina, Ohio, Oklahoma, South Carolina, and West Virginia—adopted reforms to ensure that authorities can supervise all or most offenders after release from prison. These policies, most of which are too new to evaluate, typically carve out the supervision period from the prison sentence rather than add time for it after release. This allows states to reduce prison spending and reinvest some of the savings in stronger recidivism-reduction programs....
These new policies are backed by data that indicate inmates released to supervision are less likely to commit new crimes than those who max out and return home without oversight....
The report outlines a policy framework to guide state leaders in reducing max-outs and recidivism. It recommends that policies require post-prison supervision, carve out the community supervision period from prison terms, strengthen parole decision-making, tailor conditions to offenders’ risks and needs, adopt evidence-based practices, and reinvest savings in community corrections.
Tuesday, June 03, 2014
Commentary on drug guideline retroactivity asks "Who's Afraid of Too Much Justice?"
This notable new commentary in The Huffington Post by Megan Quattlebaum makes the case for the US Sentencing Commission to make fully retroactive its new guidelines amendment reducing most federal drug sentencing recommendations. Here are excerpts:
In a landmark decision, the United States Sentencing Commission voted last month to lower the recommended penalty for federal drug crimes by about 17 percent. As of now, the change will apply only to defendants who are sentenced after November 1, 2014. But the Commission is also exploring whether the reduction should be made retroactive, and it issued two reports two reports two reports (available here and here) analyzing that question last week.
Four things struck me as I read the reports. First, the Commission estimates that, if the changes were made retroactive, 51,141 individuals who are currently in prison (an incredible 23 percent of the total population) would be eligible to seek a reduction in their sentences. That a large number of people will be affected is not surprising -- almost half of all federal prisoners (48 percent) are incarcerated for drug crimes. But what is surprising is that even if all 51,141 were to get reduced sentences, we would have barely begun to bring the federal prison population down to pre-drug war levels. We incarcerated approximately 25,000 people in federal prisons in 1980. By 2013, that number had risen to over 219,000. As a result, the federal prison system is operating at 36 percent over capacity, costing taxpayers $6.4 billion per year and climbing....
Second, a significant percentage (about 25 percent) of the 51,141 potentially eligible for earlier release are non-citizens who may be subject to deportation. Many rightly question the wisdom of incarcerating large numbers of ultimately deportable non-citizens at taxpayer expense....
Third, the average age of an inmate who will be eligible for a sentence reduction is 38 years. In the universe of criminal justice, 38 is old. Researchers have consistently found that involvement in street crimes, like drug offenses, generally begins in the early teenage years, peaks in young adulthood, and dissipates before the individual turns 30. Explanations for this phenomenon are varied, but "[a] large body of research shows that desistance from crime... is... tied to the acquisition of meaningful bonds to conventional adult individuals and institutions, such as work, marriage and family..." These older offenders should have a low risk of recidivism generally. And the more that we can do to foster their re-engagement with their families and communities, the lower that risk will be.
Fourth, 20 percent of the individuals who may be eligible for earlier release come from one state: Texas. True, Texas is big and populous, but it's also punitive. The more heavily populated state of California only accounts for five percent of potential sentence reductions, while New York accounts for about four percent. Reading the charts that accompany the Sentencing Commission report is a statistical window into the American drug war, in which hang 'em high southern states feature prominently, if not proudly.
The Sentencing Commission is accepting public comments until July 7, 2014 on whether to make these changes to drug sentences retroactive. Some will no doubt argue against retroactivity, either out of fear that releasing individuals earlier will permit them re-offend sooner or out of concern for the serious workload that federal courts will have to take onin order to process so many applications for sentence reduction. But if we have revised our view of what constitutes a just sentence for a drug offense, then we cannot and should not justify continuing to incarcerate 51,141 people under an old, rejected understanding. We should never be afraid of too much justice.
I am grateful to see this thoughtful effort to dig into the US Sentencing Commission data concerning who could benefit from the new drug guidelines being made retroactive. And I think this commentary rightly highlights that the nationality status and the age profile of federal drug prisoners provide some important extra reasons for being comfortable with the new guidelines being made retroactive.
That said, the commentary about Texas justice and the state-by-state analysis strikes me a potentially a bit misguided. I suspect and fear that federal prosecution of drug crimes in Texas is higher than in other states not only because of the likely international dimensions to many drug crimes around the Mexican border but also because state drug laws in other states may be uniquely harsh. This commentary compares data from California and New York, but these two states have had a history of some notorious tough state sentencing laws (i.e., the Three Strikes Law in California, the Rockefeller Laws in NY). There may be so many federal drug prisoners from Texas not because state sentencing policies and practices are so tough, but because federal policies and practices relative to state norms are so much tougher and because local drug crimes are not really local along the border.
My point here is to highlight that state-by-state examination of federal drug sentencing patterns may reflect lots of distinct and dynamic factors. Notably, the Commission data indicate that about the same number of federal drug prisoners from Iowa will be impacted by retroactivity of the new drug guidelines as from Arkansas and Mississippi combined. These data alone hardly reveal the corn belt is the real "hang-em-high" center for the national drug war. Ultimaely, ever-changing local, state and national drug use and trafficking patterns along with dynamic prosecutorial policies and priorities likely better explain state-by-state federal prisoner data than any social or political conventional wisdom.
Some various somewhat recent related posts:
- US Sentencing Commission suggests lowering drug guideline sentences across the board!
- Attorney General to testify about drug guideline reform before US Sentencing Commission
- US Sentencing Commission to vote on reducing drug sentencing guidelines
- US Sentencing Commission releases two significant research reports concerning drug sentencing reform and retroactivity
- New York Times op-ed spotlights enduring flaw with modern drug sentencing
- Gov Chris Christie talking up drug sentencing reform as a pro-life commitment
Empirical explorations of modern capital clemency
Michael Heise has recently posted on SSRN two intriguing pieces concerning the modern patterns of capital clemency. Here are links and abstracts:
While America’s appetite for capital punishment continues to wane over time, clemency for death row inmates is all but extinct. Moreover, what little clemency activity that persists continues to distribute unevenly across gender, racial and ethnic groups, geography, governors’ political affiliation, and over time. Insofar as courts appear extremely reluctant to review — let alone interfere with — clemency activity, little, if any, formal legal recourse exists. Results from this study of clemency activity on state death rows (1973-2010) suggest that potential problems arise, however, to the extent that our criminal justice system relies on clemency to function as coherent extrajudicial check.
Conventional wisdom notes persistent regional differences in the application of the death penalty, with southern states’ appetite for capital punishment exceeding that of non-southern states. Scholars analyzing the distributions of death sentences and state executions find a geographic influence. Less explored, however, is a possible regional difference in the distribution of executive clemency even though clemency is an integral component of a criminal justice system that includes capital punishment. If geography influences the distribution of the death penalty, geography should also influence the distribution of clemency. Data, however, reveal some surprises. Using a recently-released data set of all state death row inmates from 1973 to 2010, this paper considers whether clemency is exercised in southern and non-southern states in systematically different ways. No statistically significant differences exist between southern and non-southern states when it came to clemency, even though southern states were more prone to execute and less prone to disturb death sentences through reversal on appeal than northern states. When it comes to the influence of geography in the death penalty context, the findings provide mixed support and convey a complicated picture.
Friday, May 30, 2014
The Good, the Bad and the Ugly of mass incarceration analysis: John Pfaff tears apart NRC report
Astute readers who also follow closely a lot of broader media and political discussions of mass incarceration might have noticed that I have given relatively little attention on this blog to the massive report released late last month by the National Research Council (NRC) titled "The Growth of Incarceration in the United States: Exploring Causes and Consequences." To date, I only noted the report and some early reactions to it in this post.
One reason for my limited blog coverage is a result of the NRC report running more than 450 pages (accessible at this link); I am always disinclined to do in-depth analysis or commentary on a significant report unless and until I have had adequate time to read most of it. But the primary reasons I have not blogged much about the NRC report is because, as I found time to start reading key parts of the NRC effort, I found myself underwhelmed by the originality and sophistication of the report. I had hoped, for example, that the NRC report would take a close look at the relationship between lead exposure and crime rates and/or would systematically look at critical state and regional differences in US crime and imprisonment rates. Instead, rather than break any new ground, much of the NRC report reads like an effective and lengthy summary of a lot of conventional wisdom.
Fortunately, a leading legal academic and empiricist with a critical eye has started to bring a (very) critical perspective to the NRC report. Through a series of astute posts at PrawfBlawg (all so far linked below), Professor John Pfaff has started to pick apart a number of notable flaws and omissions in the NRC analysis. John's first post, titled "The Problematic National Research Council's Report on Incarceration: Some Initial Thoughts," previews his series this way:
The National Research Council, the well-respected research arm of the National Academy of Sciences, recently released a putatively authoritative report on the causes and implications of US incarceration growth. Sadly, it appears to be a deeply, profoundly flawed report. It is, in short, a rehashing of the Standard Story that I have argued time and again lacks real empirical support.
Dangerously, this report gives the Standard Story the NRC’s seal of approval, which will only increase its hold on policy-makers’ perceptions. The New York Times has already written an editorial pushing the NRC’s Standard-Story arguments, and no doubt it will be cited widely in the months to come.
So in the posts ahead, I want to dig into the report more deeply. I will certainly acknowledge what it gets right, but my sense so far is that it is one rife with errors.
From the start, here are John's posts to date highlighting some of the NRC errors he sees:
- The Flawed NRC Report: No Mention of Realignment!
Tuesday, May 27, 2014
Fascinating research on federal mortgage fraud prosecutions and sentencing in Western PA
I am pleased and excited to have learned over the long weekend that the Pittsburgh Post-Gazette and the Duquesne University School of Law collaborated on an innovative Fact Investigations class, led by associate professor and Criminal Justice Program director Wesley Oliver, to study the modern work of Western Pennsylvania's federal prosecutors in response to modern mortage fraus. As explained in this first article of a series about this work, this group "identified 144 prosecutions alleging mortgage-related crimes in the Pittsburgh area ... [and then] analyzed 100 prosecutions in which sentence had been pronounced and for which the federal sentencing guidelines could be discerned." Before getting into the findings, I want to heap praise on everyone involved in this project because it shows what valuable work can be done when law schools and traditional media team up to examine intricate and dynamic issues concerning the federal criminal justice system.
Here, from the start of the first article in the series, are the basic findings of this terrific project:
In 2008, as the housing market dragged the world economy down, orders came from Washington, D.C., to federal prosecutors nationwide: Bust the people whose lies contributed to the mess.
Six years later, the effort by Pittsburgh's federal prosecutors to punish fraudulent mortgage brokers, appraisers, closing agents, property flippers and bank employees can claim 144 people charged, more than 100 sentenced and no acquittals.
That undefeated record, though, came at a price: Some of the worst offenders got extraordinary deals in return for their testimony against others.
A review by the Pittsburgh Post-Gazette and Duquesne University School of Law students of 100 completed cases showed that the sentences of mortgage-related criminals in the Pittsburgh area were driven more by their degree of cooperation with prosecutors than by the number of people they scammed, the dollars they reaped or the damage they did to the financial system. Some of the most prolific offenders used their central places in the fraud conspiracy to secure light sentences.
• Leniency for cooperation was doled out liberally. At least 30 of the 100 defendants were the beneficiaries of prosecutorial motions to reward "substantial assistance" to the investigation. That cooperation rate is nearly double that seen in fraud cases nationwide, suggesting that prosecutors here rewarded more defendants than normal.
• Most of the mortgage criminals who assisted prosecutors got no prison time, and the average amount of incarceration for those 30 defendants was a little more than three months. By contrast, defendants who pleaded guilty but didn't provide substantial assistance to prosecutors, got average sentences of three years in prison. Those few who went to trial faced an average of 6½ years behind bars.
• Several of the figures most central to the region's mortgage fraud problem cooperated with prosecutors, and got non-prison sentences. For instance, Kenneth C. Cowden, formerly of McKees Rocks and now of Florida, performed unlicensed appraisals that exaggerated real estate values in the region to the tune of hundreds of millions of dollars. He cooperated and got nine months in a halfway house. Jay Berger of Fox Chapel, who recruited Cowden and lived lavishly from fraudulent mortgages, was sentenced in 2012 to 15 months in prison, but died this month at age 49 without serving time.
Here are links to all the article in the series:
- Mortgage fraud assault a Pyrrhic victory
- Rewards uneven in mortgage fraud cases
- She fought charges, got 10-year term
- Pleading guilty could cut defendant's sentence
Regular readers will not be at all surprised to hear me say that I view this terrific bit of investigative journalism as further proof that those who are really concerned about suspect disparities in federal sentencing ought to be much more focused on the application of (hidden and unreviewable) prosecutorial sentencing discretion than about the exercise of (open and reviewable) judicial sentencing discretion.
May 27, 2014 in Data on sentencing, Detailed sentencing data, Federal Sentencing Guidelines, Offender Characteristics, Offense Characteristics, Procedure and Proof at Sentencing, White-collar sentencing, Who Sentences? | Permalink | Comments (4) | TrackBack
Wednesday, May 21, 2014
Fascinating exploration of modern data on modern mass incarceration
If you like data and like thinking hard about what to think about data about modern mass incarceration (and who doesn't), then you will be sure to like this interesting new posting authored by Andrew Cohen and Oliver Roeder at the Brennan Center for Justice headlined "Way Too Early to Declare Victory in War against Mass Incarceration." Here are excerpts (with some links retained) from an interesting and important bit of number crunching:
At The Week Monday, Ryan Cooper summarized some dramatic statistical work about mass incarceration undertaken by Keith Humphreys, the Stanford University professor and former Obama administration senior advisor for drug policy. The headline of the piece, “The plummeting U.S. prison admission rate, in one stunning chart,” was accompanied by Cooper’s pronouncement that “whatever the reason” for the drop it “is certainly great news.” Some of the same optimism was expressed over the weekend, in The New York Times Book Review section, by David Cole, the esteemed Georgetown law professor who has written so eloquently recently about many of the greatest injustices in American law. Reviewing Columbia University professor Robert Ferguson’s excellent book, “Inferno,” Cole proclaimed that “we may be on our way out of the inferno” and that “it is just possible that we have reached a tipping point” in the fight against mass incarceration.
Would that it were so. It is far too early, as a matter of law, of policy, and of fact, to be talking about a “plummeting” prison rate in the United States or to be declaring that the end is in sight in the war to change the nation’s disastrous incarceration policies. There is still far too much to do, far too many onerous laws and policies to change, too many hearts and minds to reform, too many families that would have to be reunited, before anyone could say that any sort of “tipping point” has been spotted, let alone reached. So, to respond to Humphreys’ work, we asked Oliver Roeder, a resident economist at the Brennan Center for Justice, to crunch the numbers with a little bit more context and perspective. What follows below ought to shatter the myth that America has turned a corner on mass incarceration. The truth is that many states continue to experience more incarceration than before, the drop in national incarceration rates is far more modest than Humphreys suggests, and the trend toward reform could easily stop or turn back around on itself....
[T]he incarceration rate is decreasing, but no, not by much. It’s down 5.5 percent since its 2007 peak. Since 2001, it’s up 1.6 percent. An unscientific word for this trend would be “flat.”
As for individual states’ incarceration rates, experiences over the past decade have varied greatly.... California, New Jersey, and New York have dipped over 20 percent from their 2001 levels, while West Virginia, Minnesota, and Kentucky have seen over 30 percent increases.
Incarceration is a state-specific issue in other senses as well. Clearly the trends can vary dramatically, but so can the rates themselves. In 2012, Louisiana’s incarceration rate was 873, while Maine’s was 159....
So what’s the story? Well one thing it isn’t is crime. There is a body of evidence that indicates that crime doesn’t really affect incarceration. Incarceration, rather, is a policy choice, largely independent of the actual level of crime in the world. (The incarceration rate is not a result of one single policy choice, of course, but rather is a function of many policy choices which compose essentially our willingness or propensity to incarcerate.) Admissions and thus incarceration were increasing because of increased willingness to incarcerate, or reliance on incarceration. I don’t have a good sense as to why admissions and incarceration have been dipping lately, but it does seem to be driven by a minority of (typically large) states.
Thursday, May 15, 2014
"Crime, Teenage Abortion, and the Myth of Unwantedness"
The title of this post is the title of this intriguing new empirical paper by Gary Shoesmith available via SSRN. Here is the abstract:
This study shows that varying concentrations of teenage abortions across states drive all of Donohue and Levitt’s (2001, 2004, 2008) crime and abortion results, narrowing the possible link between crime and abortion to mainly 16 percent of U.S. abortions. The widely promoted and accepted claim that unwantedness links crime and abortion is false. Across all states, there is a near one-to-one correspondence between ranked significance of abortion in explaining crime and ranked teenage abortion ratios. The results agree with research showing teenage motherhood is a major maternal crime factor, while unwantedness ranks fifth, behind mothers who smoke during pregnancy. The results are also consistent with the reasons women have abortions by age group.
For future research, a specific means is proposed to reconcile recent papers that apply alternative methods to DL’s data but find no link between crime and abortion link. Given a 2013 Census Bureau report showing that single motherhood is the new norm among adult women, the results suggest the need to reeducate adult women about unwantedness and crime.
Thursday, May 08, 2014
Intriguing new BJS data about national jail populations
I just received notice of a new Bureau of Justice Statistics publication, excitingly titled "Jail Inmates at Midyear 2013 -- Statistical Tables" and available at this link. Though lacking a thrilling title, the data discussed in this publication are actually pretty interesting This official BJS press release, excerpted below, provides some highlights:
After a peak in the number of inmates confined in county and city jails at midyear 2008 (785,533), the jail population was significantly lower by midyear 2013 (731,208). However, the estimated decline between midyear 2012 and 2013 was not statistically significant. California’s jails experienced an increase of about 12,000 inmates since midyear 2011....
Local jails admitted an estimated 11.7 million persons during the 12-month period ending June 30, 2013, remaining stable since 2011 (11.8 million) and down from a peak of 13.6 million admissions in 2008. The number of persons admitted to local jails in 2013 was 16 times the estimated 731,352 average daily number of jail inmates or average daily population during the 12-month period ending June 30, 2013....
Males represented at least 86 percent of the jail population since 2000. The female inmate population increased 10.9 percent (up 10,000 inmates) between midyear 2010 and 2013, while the male population declined 4.2 percent (down 27,500 inmates). The female jail population grew by an average of about 1 percent each year between 2005 and 2013. In comparison, the male jail population declined an annual average of less than 1 percent every year since 2005.
White inmates accounted for 47 percent of the total jail population, blacks represented 36 percent and Hispanics represented 15 percent at midyear 2013. An estimated 4,600 juveniles were held in local jails (less than 1 percent of the confined population), down from 5,400 during the same period in 2012.
At midyear 2013, about 6 in 10 inmates were not convicted, but were in jail awaiting court action on a current charge—a rate unchanged since 2005. About 4 in 10 inmates were sentenced offenders or convicted offenders awaiting sentencing. From the first significant decline in the overall jail population since midyear 2009, the unconvicted population (down 24,000 inmates) outpaced the decline in the convicted inmate population (down 12,000 inmates).
Wednesday, May 07, 2014
Within-guideline sentences dip below 50% according to latest USSC data
Due to a busy end-of-the-semester schedule, I only just this week got a chance to look at US Sentencing Commission's posting here of its First Quarter FY14 Quarterly Sentencing data. And, as the title of this post highlights, there is big news in these USSC data: for the first time, less than half of all federal sentences imposed were technically "within-guideline" sentences. To be exact, only 48.8% of the 18,169 sentences imposed during the last three months of 2013 were within-guideline sentences.
In this post following the previous quarterly USSC data release, I noted a small uptick in the number of below guideline sentences imposed by federal district judges (from around 18.5% of all federal cases to 19.3% in the last quarter of FY13). At that time, I hypothesized that perhaps a few more judges were willing to impose below-guideline sentences in a few more federal cases after Attorney General Eric Holder's big August 2013 speech to the ABA lamenting excessive use of incarceration in the United States. Now, in this latest quarterly data run, the number of judge-initiated, below-guideline sentences has ticked up again, this time to 20.4% of all sentenced federal cases. I now this this data blip is evidence of a real "Holder effect."
Though still more time and data are needed before firm causal conclusions should be reached here, I do believe all the recent talk about the need for federal sentencing reform is likely finding expression in the way federal judges are now using their post-Booker discretion. The data from the last six month suggest that, as we hear ever more public policy groups and politicians on both the right and the left echoing AG Holder's call for less reliance on long terms of incarceration, more federal judges feel ever more justified in imposing more sentences below the guidelines.
Wednesday, April 09, 2014
Reviewing how US prisons now serve as huge warehouses for the mentally ill
This MSNBC article, headlined "Prisons are the ‘new asylums’ of the US: Report," effectively summarizes a new study documenting that that US prisons now "house ten times more people with mental illnesses than its hospitals." Here is more:
The report, released Tuesday by the Treatment Advocacy Center, found that state prisons and county jails house approximately 356,268 people with mental illnesses, while state mental hospitals hold only 35,000. The disparity is also a nationwide problem – only six states have psychiatric hospitals with more people in them than a prisons or jail.
Prisons, according to the report, have become the nation’s “new asylums.” The number of beds available at hospitals for mental health patients has been dropping for decades. And as the population of incarcerated people has exploded, so has the number of people with serious problems....
The report provided a breakdown of the number of mentally ill prisoners in each state’s correctional facilities, the laws governing treatment, and examples of how inmates are treated. Among others, they include a Mississippi prison designed for mentally ill inmates, overrun by rats, where some prisoners capture the rats, put them on makeshift leashes, and sell them as pets to other inmates. There was also a case in which a schizophrenic man spent 13 of 15 of his years in prison in solitary confinement....
“Inmates who linger untreated in jails and prisons become increasingly more vulnerable to their symptoms and the resulting victimization or violence,” the report read. Dr. E. Fuller Torrey, founder of the Treatment Advocacy Center and lead author of the study, said in a statement, “The lack of treatment for seriously ill inmates is inhumane and should not be allowed in a civilized society.”...
The report’s authors admit that reducing the number of mentally ill inmates in jails would have to come along with a massive recommitment to high-quality mental health care in hospitals – a tall order in this age of austerity. In the interim, they advocate for more outpatient treatment and jail diversion programs, as well as more planning, both when inmates enter the system and leave it.
The full report released by the Treatment Advocacy Center is titled "The Treatment of Persons with Mental Illness in Prisons and Jails: A State Survey," and it can be accessed in full at this link.
Tuesday, April 01, 2014
Reviewing the state of the death penalty in the Buckeye State
The Attorney General of Ohio has a statutory obligation to report on the state's administration of capital punishment each year, and this local article highlights parts of the latest version of the AG's Capital Crimes Report (which can be accessed in full here):
Ohio continues to add more people to Death Row — four last year — even though the lethal injection process is mired in legal controversy.
The 2013 Capital Crimes Report, issued today by Attorney General Mike DeWine, says 12 executions are scheduled in the next two years, with four more pending the setting of death dates....
Ohio has carried out 53 executions since 1999, including three last year, the same as in 2012. The annual status report on capital punishment in Ohio, which covers calendar year 2013, does not mention the problems during the Jan. 16, 2014, execution of Dennis McGuire when he gasped, choked and struggled for more than 10 minutes before succumbing to a two-drug combination never before used in a U.S. execution.... The next scheduled execution is Arthur Tyler of Cuyahoga County on May 28.
DeWine’s report notes that 316 people have been sentenced to death in Ohio since 1981 when capital punishment was restored after being overturned as being unconstitutional by the U.S. Supreme Court. The report cites 18 gubernatorial commutations of death sentences: four by Kasich, five by Gov. Ted Strickland, one by Gov. Bob Taft, and eight by Gov. Richard F. Celeste.
For the first time this year, a group opposed to the death penalty issued its own report in response to the official state document. Ohioans to Stop Executions concludes, “While Ohio's overall use of the death penalty is slowing, it has become clearer than ever before that the race of the victim and location of the crime are the most accurate predictors of death sentences in the Buckeye State.” The group said 40% of death sentence originate in Cuyahoga County.
Ohio prosecutors filed 21 capital murder indictments last year, a 28 percent drop from 2012, as life without the possibility of parole sentences became more prevalent.
I do not believe the report from the group Ohioans to Stop Executions is available yet, but I assume it will be posted on OTSE's website before too long.
Tuesday, March 25, 2014
Great coverage of crack crimes and punishments via Al Jazeera America
I am pleased (and a bit overwhelmed) by this huge new series of stories, infographics, pictures, personal stories concerning crack crimes and punishment put together by Al Jazeera America. Here are links to just some parts of the series:
Waiting on a fix: Legal legacy of the crack epidemic: In the 1980s, the US went to war on crack. Thirty years on, judiciary is still hooked on unfair and unequal sentencing
Documenting the ravages of the 1980s crack epidemic: Renowned documentary photographer Eugene Richards recorded the brutal realities facing communities affected by crack
'Life without parole is a walking death': Andre Badley, imprisoned in 1997 for dealing crack, could spend his life behind bars while bigger dealers go free.
A rush to judgment: In 1986, lawmakers wrote new mandatory crack cocaine penalties in a few short days, using the advice of a perjurer.
March 25, 2014 in Data on sentencing, Drug Offense Sentencing, New crack statute and the FSA's impact, New USSC crack guidelines and report, Race, Class, and Gender | Permalink | Comments (8) | TrackBack
Could 2014 be a "comeback" year for state executions?
Because last Saturday my fantasy baseball league had its annual auction, I have spent time recently thinking about which MLB players might have a big "comeback" year after struggling through 2013. (As I Yankee fan, I am hoping Derek Jeter has a great comeback; as a fantasy GM, I am hoping Beckett might reward me for using a roster spot to pick him up.) With comeback concerns in mind, I have lately been thinking about whether state executions might also end up staging something of a comeback after struggling through varied challenges with lethal injection protocols and drug shortages though 2013.
As detailed in this yearly execution chart from the Death Penalty Information Center, there were only 39 executions in 2013. That was the second lowest yearly total in nearly two decades, and the other recent year with less than 40 executions (2008) was the direct result of SCOTUS halting all executions for a number of months while it considered the constitutionality of lethal execution protocols in Baze. Opponents of the death penalty celebrated the low number of executions in 2013, and they surely were hoping execution difficulties would drive down execution numbers even further in 2014.
Details from DPIC here and here, however, report that there have already been 12 executions in 2014 and that there are another 12 "serious" execution dates scheduled for the next six weeks. If most of these executions go forward, and especially if states like Texas and Florida continue to be able to find drugs to continue with executions, it seems very possible that there could end up being 50 or more executions in 2014.
Sunday, March 23, 2014
Noting disparities resulting from reservation sentencing being federal sentencing
This local article from North Dakota, which is headlined "Article scrutinizes disparities in sentencing on reservations: American Indians face harsher penalties when tried in fed court vs state courts, advocates say," highlights an often-overlooked pocket of the federal sentencing system. Here are excerpts from the lengthy piece:
Dana Deegan is serving a 10-year sentence for placing her newborn son in a basket and abandoning him for two weeks, allowing him to die. Deegan, who was 25 years old when her son died in 1998 on the Fort Berthold Indian Reservation, had three older children and suffered from depression and abuse. She pleaded guilty in 2007 to second-degree murder to avoid a possibly harsher sentence.
Advocates have said her sentence was much harsher than those given for similar cases prosecuted in state courts in North Dakota – a disparity that critics say applies generally because American Indians accused of major crimes on reservations are prosecuted in federal courts, which generally have stiffer penalties. The issue, which lawyers, judges and legal scholars have long discussed, will soon be the subject of a national study by the U.S. Sentencing Commission.
Senior Judge Myron Bright of the 8th U.S. Circuit Court of Appeals, who is based in Fargo, has for years been an outspoken critic of sentencing disparities involving prosecution of American Indians on reservations. The issue is also the focus of an article calling for changes to address the sentencing gaps in the current issue of the North Dakota Law Review [available at this link], and the study is backed by Tim Purdon, U.S. attorney for North Dakota. The law review authors, one of them a tribal judge in North Dakota, noted the Deegan case as a glaring example of the gap in sentences between the federal courts — whose defendants are overwhelmingly American Indians prosecuted on reservations — and comparable crimes tried in state courts.
Non-Indian women in two similar cases prosecuted in North Dakota state courts received much lighter sentences, authors BJ Jones and Christopher Ironroad noted [in this article, titled "Addressing Sentencing Disparities for Tribal Citizens in the Dakotas: A Tribal Sovereignty Approach"]. In 2000, a 22-year-old woman was sentenced in Cass County for negligent homicide to three years, with imposition suspended for three years of supervised probation, which was terminated less than two years later, according to court records.... In 2007, a 28-year-old woman was sentenced in Burleigh County to 10 years in prison, with eight years suspended, for causing the death of her newborn, which died after being left in a toilet....
Federal courts have jurisdiction on Indian reservations under the Major Crimes Act passed in 1885. Ordinarily, states prosecute “street crimes,” including assault, burglary, sexual assault, murder and vehicular manslaughter. Because of strict sentencing guidelines, with mandatory minimums and no probation or time off for good behavior, sentences in federal court generally are higher than those in state courts, at least in states including North Dakota, South Dakota and Montana, lawyers and federal judges agree. “The law needs to be changed and Indians need to be treated on an equal basis, the same as their white neighbors,” Bright said.
But many agree that state penalties for certain crimes, such as vehicular manslaughter, are higher. That, in fact, was a finding the last time the issue of sentencing disparities was studied in 2003 by an advisory group for the Sentencing Commission. But the group found the perception of an unfair disparity in sentences received by American Indians in federal court compared to state court was “well founded,” Purdon wrote the chairman of the Sentencing Commission earlier this month.
Purdon, who serves as chairman of the Attorney General’s Native American Issues Subcommittee, said more study is needed into the widespread perception of unfair sentences. “If the court system is perceived as unfair it undermines my ability to make the reservations safer,” he said, adding that the U.S. Department of Justice supports further study of the issue.
Two federal trial judges in North Dakota agreed that, because of federal sentencing guidelines, criminal sentences sometimes are higher than state court sentences, but cautioned that the reverse also is true for certain crimes. “I believe it works both ways,” said Chief Judge Ralph Erickson of U.S. District Court in Fargo. “Some crimes are less than customarily handed down in state courts,” such as vehicular homicide.
Much of the disparity comes from the lack of parole in the federal court system, meaning a defendant serves the entire sentence, Erickson said. “That’s where the rub comes in,” he said. “We’re aware of that and it’s frustrating.”... A comprehensive study is needed to determine if there are, in fact, sentencing disparities, Erickson said. If so, then solutions can be identified.
“There’s an overall disparity in sentencing,” said Judge Daniel Hovland of U.S. District Court in Bismarck. “Generally, federal sentences tend to be more severe,” but he agreed with Erickson that there are exceptions, including manslaughter. “I think the sentencing commission is going to take a much closer look at that issue and it will certainly bode well for everyone in the judicial system,” Hovland said. “I’m confident they’ll reach a fair assessment.”
Thursday, March 20, 2014
ACLU of Washington State reports huge drop in low-level marijuana offense court filings after legalization initiative
As detailed in this press release, the ACLU of Washington State has some new data on one criminal justice reality plainly impacted by marijuana reform. Here are the details:
Passed by Washington voters on November 6, 2012, Initiative 502 legalized marijuana possession for adults age 21 and over when it went into effect 30 days later. New data show the law is having a dramatic effect on prosecutions for misdemeanor marijuana possession offenses in Washington courts. The ACLU of Washington’s analysis of court data, provided by the Administrative Office of the Courts, reveals that filings for low-level marijuana offenses have precipitously decreased from 2009 to 2013:• 2009 – 7964• 2010 – 6743• 2011 – 6879• 2012 – 5531• 2013 – 120
“The data strongly suggest that I-502 has achieved one of its primary goals – to free up limited police and prosecutorial resources. These resources can now be used for other important public safety concerns,” says Mark Cooke, Criminal Justice Policy Counsel for the ACLU of Washington....
Although the overall number of low-level marijuana offenses for people age 21 and over has decreased significantly, it appears that racial bias still exists in the system. An African American adult is still about three times more likely to have a low-level marijuana offense filed against him or her than a white adult.
Initiative 502 legalized possession of up to one ounce of marijuana for adults 21 and over. However, possession of more than an ounce, but no more than 40 grams, remains a misdemeanor. Exceeding the one-ounce threshold is a likely explanation for the presence of 120 misdemeanor filings against adults in 2013.
A number of folks on this blog who seem opposed to marijuana reform are often quick to (rightly) note that very few people are serving prison sentence for low-level marijuana offenses. But this data provides a notable reminder that, even in a liberal state with medical marijuana legalized, many thousands of persons can still get arrested and prosecuted for misdemeanor marijuana possession offenses unless and until a state fully legalizes marijuana possession.
If it is reasonable to estimate that it costs around $2000 to process each of these misdemeanor possession cases (which may be a conservative estimate based on some numbers crunched here), the elimination of over 5,000 pot arrests could be alone saving Washington State more than $10 million each year. That amount is perhaps not all that much money in a state with a nearly $40 billion annual budget, but it would be enough to double the monies the state spends on a state seed program called "Building for the Arts." Though my biases are showing here, I generally think citizens are likely to get a better civic return on their tax dollars when state money is spent helping to build for the arts rather than busting a few thousand potheads.
Cross posted at Marijuana Law, Policy & Reform
Thursday, March 13, 2014
Previewing what AG Holder will say about drug sentencing to US Sentencing Commission
As noted in this prior post, Attorney General Eric Holder is, according to this official agenda, the first scheduled witness at the US Sentencing Commission's important public hearing today on proposed amendments to reduce drug sentencing terms in the federal sentencing guidelines. The full text of what AG Holder says will likely be available on line later today, but this new Washington Post article, headlined "Holder will call for reduced sentences for low-level drug offenders," provides a preview of what he plans to say (which my emphasis below on an especially notable development) and some context for his latest sentencing reform advocacy:
Attorney General Eric H. Holder Jr. on Thursday will urge reduced sentences for defendants in most of the nation’s drug cases, part of his effort to cut the burgeoning U.S. prison population and reserve stiff penalties for the most violent traffickers.
Holder’s proposal, which is expected to be approved by the independent agency that sets sentencing policies for federal judges, would affect 70 percent of drug offenders in the criminal justice system, according to figures provided by Justice Department officials. It would reduce sentences by an average of nearly a year.
“Certain types of cases result in too many Americans going to prison for far too long, and at times for no truly good public safety reason,” Holder plans to tell the U.S. Sentencing Commission, according to excerpts of his testimony provided to The Washington Post. “Although the United States comprises just five percent of the world’s population, we incarcerate almost a quarter of the world’s prisoners.”
Like Holder’s previous criminal justice reforms, the move is likely to be hailed by civil liberties groups and assailed by some lawmakers who think the administration is chipping away at federal policies designed to deter criminals and improve public safety.
The seven-member sentencing panel has proposed an amendment to federal sentencing guidelines and will vote on it as soon as April. Until then, federal judges must refer to current sentencing guidelines. Holder, however, will instruct his prosecutors in a memo Thursday not to press judges to impose the longer sentences in the current guidelines if attorneys for drug offenders seek shorter sentences for their clients that would be permissible under the new policy.
Under current mandatory minimum guidelines, a drug offender convicted of possessing 500 grams of cocaine or 28 grams of crack would face a term of 63 to 78 months. Holder is proposing that the time in such a case be reduced to 51 to 63 months. “By reserving the most severe penalties for dangerous and violent drug traffickers, we can better protect public safety, deterrence and rehabilitation while saving billions of dollars and strengthening communities,” Holder plans to say. The lower sentencing ranges would result in a 17 percent decrease in the average length of time imposed on a drug offender, Justice Department officials said.
Holder’s new sentencing proposal is the latest step in his agenda to revise the criminal justice system. In August, he announced that low-level nonviolent drug offenders with no connection to gangs or large-scale drug organizations would not automatically be charged with offenses that call for severe mandatory sentences. That measure, however, didn’t address the sentencing ranges defendants could face under federal guidelines.
Holder’s latest policy change would reduce the Bureau of Prison population by 6,550 people within five years, according to the Justice Department. Of the more than 216,000 federal inmates, nearly half are serving time for drug-related crimes. At the same time it is seeking to reduce sentences for nonviolent offenders, the Justice Department is putting greater focus on violent traffickers who bring heroin and other drugs into the United States....
Holder’s efforts to reduce the prison population have drawn criticism from Sen. Charles E. Grassley (Iowa), the ranking Republican on the Senate Judiciary Committee, and other lawmakers who say the administration is undermining policies that were set up to deter would-be criminals.
But many of Holder’s criminal justice policies have been praised by civil liberties groups and have bipartisan support in Congress. A bill that Holder and the Obama administration support to reform prison sentences includes both Republican and Democratic sponsors, including Senate Judiciary Committee Chairman Patrick J. Leahy (D-Vt.) and Sen. Mike Lee (R-Utah).
Last week, at the Conservative Political Action Conference at National Harbor, Md., Republican Texas Gov. Rick Perry said that prison reform is one issue on which he agrees with Holder. “There aren’t many things that the president and the attorney general and I agree about. Know what I mean?” said Perry, who ran for president in 2012.
As noted in this post, I will be off-line most of today in order to travel to and participate in a Sixth Circuit oral argument. But I should be able to provide additional coverage and review of all the sentencing reform action taking place today at the USSC's public hearing before the end of the day.
Some old and newer related posts about AG Holder and the "new politics" of sentencing reform:
- Attorney General to testify about drug guideline reform before US Sentencing Commission
- Notable talk of sentencing reform at CPAC conference
- "With Holder In The Lead, Sentencing Reform Gains Momentum"
- Lots of (mostly positive) reactions to AG Holder's big sentencing speech
- "Holder and Republicans Unite to Soften Sentencing Laws"
- Rand Paul begins forceful pitch in campaign against federal mandatory minimums
- Another notable GOP member of Congress advocating for federal sentencing reform
- Conservative group ALEC joins the growing calls for sentencing refom
- Effective Heritage analysis of federal MMs and statutory reform proposals
- Smarter Sentencing Act passes Senate Judiciary Committee by 13-5 vote
- Will Tea Party players (and new MMs) be able to get the Smarter Sentencing Act through the House?
- Are "hundreds of career prosecutors" (or mainly just Bill Otis) now in "open revolt" over AG Holder's support for the Smarter Sentencing Act?
- Senate Judiciary Committee approves Recidivism Reduction and Public Safety Act
Sunday, March 09, 2014
LDF releases latest, greatest accounting of death row populations
As reported here by the Death Penalty Information Center, the NAACP Legal Defense Fund has just released its latest version of its periodic accounting of capital punishment developments in the United States. This document, available here, is titled simply "Death Row, USA," and reports on data though July 1, 2013. Here is how DPIC summarizes some of its key findings:
The latest edition of the NAACP Legal Defense Fund's Death Row, USA shows the total death row population continuing to decline in size. The U.S. death-row population decreased from 3,108 on April 1, 2013, to 3,095 on July 1, 2013. The new total represented a 12% decrease from 10 years earlier, when the death row population was 3,517. The states with the largest death rows were California (733), Florida (412), Texas (292), Pennsylvania (197), and Alabama (197). In the past 10 years, the size of Texas's death row has shrunk 36%; Pennsylvania's death row has declined 18%; on the other hand, California's death row has increased 17% in that time.
The report also contains racial breakdowns on death row. The states with the highest percentage of minorities on death row were Delaware (78%) and Texas (71%), among those states with at least 10 inmates. The total death row population was 43% white, 42% black, 13% Latino, and 2% other races.
Friday, February 28, 2014
More fascinating "Quick Facts" from the US Sentencing Commission
I am so pleased to see and to be able to report that the US Sentencing Commission is continuing to produce insightful little 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 repeatedly before, I think this is a very valuable innovation coming from the USSC, and I have already learned a lot and benefited greatly from all the publications in the series. This latest one on certain firearm offenses, Section 924(c) Offenders , includes these notable data:
From among 84,173 cases reported to the USSC in FY2012, "2,189 involved convictions under 18 U.S.C. § 924(c)" which criminalized possession/use of a firearm in furtherance of another offense and:
The average length of sentence for offenders convicted under 18 U.S.C. § 924(c) was 165 months.
- The average length of sentence for offenders convicted of one count under section 924(c) was 84 months.
- The average length of sentence for offenders convicted of one count under section 924(c) and another offense not carrying a mandatory minimum penalty was 132 months. When the other offense carried a mandatory minimum penalty the average sentence was 181 months.
- The average length of sentence for section 924(c) offenders who were determined to be career offenders was 252 months.
- The average length of sentence for offenders convicted of multiple counts of section 924(c) was 358 months.