Tuesday, December 17, 2013
"We wish you 70 years in prison, we wish you 70 years in prison, and an unhappy new life"
The title of this post is inspired by this local sentencing story and the song I could imagine in some Texas jurors' heads as they decided to "celebrate" the holiday season by sentencing a woman with a notably long and ugly criminal record to a notably long and harsh prison term. The story is headlined "Parker County 'Grinch' Sentenced to 70 Years in Prison," and here are the details:
A woman known as the Christmas “Grinch” for stealing Christmas lights from a Parker County family’s home was sentenced to 70 years in prison on Friday after she was convicted of a separate burglary.
Dana Brock, 44, of Hurst, shook her head when the judge read the jury’s sentence. Prosecutors pushed for a long sentence because of her lengthy criminal record.
Brock gained notoriety in December 2012 when she was caught on surveillance video stealing Christmas lights from outside a family’s Aledo home while they were inside sleeping. She was arrested again in May after she stole a weed wacker and a power washer from another homeowner’s garage. She also was caught on video in that case.
"One of our deputies who responded out to this case and looked at the surveillance video at the homeowner's house saw her on the video and said, 'Hey, that's the Grinch,’” said assistant Parker County district attorney Jeff Swain. “He knew right away who it was." A jury deliberated just five minutes before convicting her on Thursday.
In the sentencing phase of her trial, prosecutors pointed to her long criminal history. Brock’s record dates to when she was a 17-year-old and was convicted in Arizona of solicitation to commit murder. Over the years she also was convicted of credit card abuse, injury to a child, theft, assault, and drug possession. Instead of two to 20 years in prison for burglary of a habitation, she faced 25 years to life under the "three strikes and you're out" law.
She shook her head as the judge read her 70-year sentence. "A 70-year sentence will knock the air out of your stomach,” said her attorney Raul Navarez. “She kept asking me, '70 years? Are you serious? 70 years?' Because 70 years is a pretty harsh sentence for this kind of a deal. And quite frankly, that's what I argued to the jury. But the jury decided and we have to respect that."
Navarez and prosecutors agree it didn't help her case when jurors saw the video of her stealing Christmas lights. "When you're known as the Christmas Grinch, people do remember you,” Swain said.
I am unsure whether Texas law ensures that this version of the grinch will have to serve most or nearly all of these 70 years in prison, though this defendant's lengthy record of not-so-petty crimes leads me to be less than too-sympathetic concerning her fate. That said, if she is really as smart as the "real" Grinch, she probably will be able to figure out some way to catch "affluenza" while serving her time in Texas prisons and thereafter convincingly claims at a parole hearing that her heart and her conscience managed to grow three sizes one day while she was incarcerated.
Monday, December 16, 2013
DOJ Inspector General stresses "growing crisis" from growth of federal prison population
Thanks to The Crime Report, I have just come across this recently released memorandum from the US Department of Justice's Inspector General detailing the IG's views on the "six challenges that ... represent the most pressing concerns for the Department." Notably, as the cover letter to the memorandum stresses, concerns about the growth of the prison population is at the very top of the IG's list:
Attached to this memorandum is the Office of the Inspector General's (OIG) 2013 list of top management and performance challenges facing the Department of Justice (Department), which we have identified based on our oversight work, research, and judgment. We have prepared similar lists since 1998. By statute this list is required to be included in the Department's Agency Financial Report.
This year’s list identifies six challenges that we believe represent the most pressing concerns for the Department. They are Addressing the Growing Crisis in the Federal Prison System; Safeguarding National Security Consistent with Civil Rights and Liberties; Protecting Taxpayer Funds from Mismanagement and Misuse; Enhancing Cybersecurity; Ensuring Effective and Efficient Law Enforcement; and Restoring Confidence in the Integrity, Fairness, and Accountability of the Department. While we do not prioritize the challenges we identify in our annual top management challenges report, we believe that one of the challenges highlighted this year, which we also identified in last year’s report, represents an increasingly critical threat to the Department’s ability to fulfill its mission. That challenge is Addressing the Growing Crisis in the Federal Prison System.
The crisis in the federal prison system is two-fold. First, the costs of the federal prison system continue to escalate, consuming an ever-larger share of the Department’s budget with no relief in sight. In the current era of flat or declining budgets, the continued growth of the prison system budget poses a threat to the Department’s other critical programs -- including those designed to protect national security, enforce criminal laws, and defend civil rights. As I have stated in testimony to Congress during the past year, the path the Department is on is unsustainable in the current budget environment. Second, federal prisons are facing a number of important safety and security issues, including, most significantly, that they have been overcrowded for years and the problem is only getting worse. Since 2006, Department officials have acknowledged the threat overcrowding poses to the safety and security of its prisons, yet the Department has not put in place a plan that can reasonably be expected to alleviate the problem.
Meeting this challenge will require a coordinated, Department-wide approach in which all relevant Department officials -- from agents, to prosecutors, to prison officials -- participate in reducing the costs and crowding in our prison system. In that respect, the challenge posed by the federal prison system is reflective of all of the challenges on our list: each is truly a challenge to be addressed by the Department as a whole, not just by individual Department components.
As a policy matter, of course, it is not too difficult to devise a set of long-advocated reforms that would effectively help with this crisis: fewer federal drug prosecutions, more use of alternatives to incarceration for low-level federal offenders, greater judicial authority to reduce more unjust crack sentences based on FSA reforms, expanded good-time credits, new earned-time credits, greater use of compassionate release mechanisms, and greater use of executive commutations. The problems is, as a political matter, few in the current Obama Administration seem eager or willing to go beyond just talking the talk about these issues.
Saturday, December 14, 2013
"Freeing Morgan Freeman: Expanding Back-End Release Authority in American Prisons"
The title of this post is the title of this notable and important new piece by Frank Bowman now available via SSRN. Here is the abstract:
This article, written for a symposium hosted by the Wake Forest Journal of Law & Policy on “Finality in Sentencing,” makes four arguments, three general and one specific.
First, the United States incarcerates too many people for too long, and mechanisms for making prison sentences less “final” will allow the U.S. to make those sentences shorter, thus reducing the prison population surplus.
Second, even if one is agnostic about the overall size of the American prison population, it is difficult to deny that least some appreciable fraction of current inmates are serving more time than can reasonably be justified on either moral or utilitarian grounds, and therefore American criminal justice systems ought to adopt mechanisms for identifying both individuals and categories of prisoners whose terms should be shortened.
Third, it is impossible, or at least unwise, to try to make “final” decisions — at least good final decisions — about how long someone should spend in prison at the beginning of the prison term, at least if that term is supposed to be very long. Thus, in cases where a long sentence is imposed, one ought not make the initial, front-end, judicial sentencing decision “final,” but should instead create mechanisms for one or more later second looks.
After exploring these contentions, I conclude that discretionary early-release mechanisms should be restored where they have been abandoned, and reinvigorated where they have languished. In particular, I propose instituting a discretionary back-end release mechanism for some categories of both federal and state long-sentence prisoners and I explore the political and institutional difficulties of doing so.
December 14, 2013 in Prisons and prisoners, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Scope of Imprisonment, Sentences Reconsidered | Permalink | Comments (12) | TrackBack
Wednesday, December 04, 2013
"How Bureaucrats Stand in the Way of Releasing Elderly and Ill Prisoners"
The title of this post is the headline of this notable new ProPublica piece about (the paucity of) compassionate release in the federal criminal justice system. Here are excerpts:
The government has long been criticized for rarely granting compassionate release. This August, Attorney General Eric Holder announced the Justice Department would try to change that by expanding criteria for who can apply.
Under the new guidelines, compassionate release can be granted not just to prisoners who have terminal illnesses, but also to those with debilitating conditions. Prisoners who need to serve as caregivers for family members may now also seek reductions in sentencing. And for the first time, elderly federal inmates who aren’t necessarily dying or incapacitated can apply to be let out early.
Holder touted the compassionate release initiative as one way to cut down on the “astonishing” federal prison population, which has grown by nearly 800 percent since 1980.
But even if the changes enable more inmates to apply for compassionate release, prison officials still have almost total discretion over who is approved. A federal prison’s warden, as well as the Bureau of Prisons’ regional director and central office must sign off on an inmate’s application before it is passed on to a judge. Any of those officials can reject applications for a number of reasons, from a perceived risk of recidivism to concern for what’s best for a prisoner’s child.... There is no process for inmates to appeal those decisions in court.
Many advocates say they expect eligible inmates will remain behind bars despite the changes. “I don’t believe it’s going to change at all,” said lawyer Marc Seitles, whose client was denied release despite terminal cancer. “It’s still the same people making decisions.”
In September, Bureau of Prisons Director Charles Samuels said he predicted expanding eligibility would result in the “release of some non-violent offenders, although we estimate the impact will be modest.” (The agency declined to make Samuels available for comment to ProPublica.)
As of October 29, The Bureau of Prisons had approved and passed along 50 compassionate release requests to judges this year. That’s up from 39 in 2012 and 29 in 2011. It’s impossible to know if the overall rate of approval has increased, as the federal Bureau of Prisons hasn’t released the number of inmates who have applied.
The Bureau says it recently started to track inmate requests, after an Inspector General report earlier this year excoriated the department for failing to do so. The report also found most inmates didn't even know the program existed.
The expansion of compassionate release was motivated in part by the rising number of sick and elderly inmates incarcerated in the U.S. As of 2011, there were over 26,000 inmates over 65 in state and federal custody. And as the elderly population in prison grows, so do their medical bills. Housing an inmate in a prison medical center costs taxpayers nearly $60,000 a year — more than twice the cost of housing an inmate in general population.
Many lawyers and prisoner advocates have said the “jailers are acting as judges” by rejecting most compassionate release cases without ever passing them onto the courts for a final decision. “The Bureau of Prisons should be letting judges have the opportunity to decide every time extraordinary and compelling reasons come to their attention, and [they are] not doing that,” said federal public defender Steve Sady, who has written extensively on the issue and represented clients requesting early release. “We believe that, under the statute, the sentence is for the judge to decide.”
Prisons spokesman Edmond Ross said in an emailed statement that “Congress gave the [Bureau of Prisons] authority” to decide which inmates should be granted release. “Review includes deliberation on the most important factor, ensuring that an inmate's release would not pose a danger to the safety of any other person or the community,” he said. “This must be considered before any request is submitted to a court.”
Mary Price, general counsel for Families Against Mandatory Minimums, says prison officials are ill-equipped to make those kinds of decisions. Prison officials’ “job is to keep people locked up. Identifying people who should no longer be incarcerated is just not what they do,” she said....
Prisoner advocates at Human Rights Watch and other organizations have proposed allowing inmates to go before a judge to appeal rejections. “Unless there’s an institutional change or a criteria that they have to follow, this will never change,” Seitles said.
Monday, November 18, 2013
Are special jail facilities for veterans (and other special populations) key to reducing recidivism?
The question in the title of this post is prompted by this notable Los Angeles Times article headlined "Separate jail facilities seek to cut recidivism rates among veterans." Here are excerpts:
The N-Module-3 housing wing at the San Diego County Jail was recently repainted red, white and blue. Brightly colored paintings now hang on the walls: one of the Statue of Liberty, another of the U.S. flag, and one of a screaming eagle landing with talons outstretched. Hanging from the ceiling are the service flags of U.S. military branches and the POW/MIA flag.
The paintings and the flags are key to a program begun this month that aims to reduce recidivism among veterans who have slipped into the criminal justice system after leaving the structured world of military service.
Thirty-two veterans serving sentences or awaiting trial have volunteered to live in the module separate from the other prisoners and participate in classes meant to increase their chances of making a law-abiding return to civilian life. "We're all dedicated to making this work, nobody wants to go back," said Jeremy Thomas, 22, who served with the Marines in Afghanistan and lost his left hand when a roadside bomb exploded.
Each of the veterans has agreed to take classes Monday through Friday from 7 a.m. to 2:30 p.m. to assist with problems of post-traumatic stress disorder, anger management, substance abuse, parenting and other issues. "We hope that by putting them together we can rekindle that esprit de corps they had when they were serving their country," said San Diego County Sheriff Bill Gore, whose department runs the jails. "It's a great population to work with."
The program was spurred both by a sense of obligation toward the veterans and also an increased need to reduce recidivism to accommodate the state's prison realignment program that threatens to overwhelm the capacity of local jails. "We've got to do things differently," Gore said....
Nationwide, a small but growing number of jails have housing and programs specifically targeting veterans, an effort that the VA encourages and supports by forming partnerships with local law enforcement. "Being treated as a veteran reminds them of a time when their lives made sense and they deserved the respect of others," VA Secretary Eric Shinseki, a retired Army general, told a recent convention of the American Correctional Assn.
An estimated 1 in 9 prisoners in the U.S. is a military veteran, according to the Department of Justice. But only 1 in 6 is being helped by the VA with the challenge of resuming life after incarceration, said Shinseki, who has vowed to get more help for those veterans.
The California prison system does not house veterans separately from other prisoners but does encourage formation of veterans-only discussion groups at its 34 institutions, a spokesman said. VA "reentry specialists" regularly meet with prisoners on the verge of being released to tell them of benefits and therapy programs.
In Los Angeles County, where the Sheriff's Department runs the largest jail system in the country, 291 prisoners are housed in veteran-only dorms where they participate in programs including Alcoholics Anonymous and Narcotics Anonymous and classes in art, computers and relationship counseling.
One of the oldest and most successful of the veterans-behind-bars programs is run by the San Francisco Sheriff's Department at its jail in San Bruno. Begun in 2010, the San Francisco program houses 48 veterans in a separate "pod" where they can receive help from specialists from the VA and the Bay Area nonprofit group Swords to Plowshares....
Most of the jail deputies are volunteers who preferred working with the veterans. "In here, the staff is totally different than out there," said inmate Kimbra Kelley, 49, a former Marine.
There are incentives for inmates to participate, seemingly small to outsiders but very large in the life of the incarcerated: pillows, more television time, more time in the exercise yard, extra mattresses, an extra visit each week from family members, access to a vending machine and, soon, a microwave oven. "This is the future, gentlemen: incentive housing," sheriff's Lt. Steven Wicklander told the inmates during a visit this month.
If any of the 32 veterans quits attending the classes and stays in his cell, he can be returned to general population. There's a waiting list among the 270 veterans in county custody to transfer to N-Module-3. "We were given an opportunity, and we're going to hold on to it for dear life," said Dana Mulvany, 42, who served in the Navy.
Sunday, November 17, 2013
"Sentenced to a Slow Death"
The title of this post is the headline of this new New York Times editorial discussing this week's noteworthy new ACLU report on the thousands of persons serving LWOP sentences for non-violent offenses in the United States (first discussed here). Here are excerpts:
If this were happening in any other country, Americans would be aghast. A sentence of life in prison, without the possibility of parole, for trying to sell $10 of marijuana to an undercover officer? For sharing LSD at a Grateful Dead concert? For siphoning gas from a truck? The punishment is so extreme, so irrational, so wildly disproportionate to the crime that it defies explanation.
And yet this is happening every day in federal and state courts across the United States. Judges, bound by mandatory sentencing laws that they openly denounce, are sending people away for the rest of their lives for committing nonviolent drug and property crimes. In nearly 20 percent of cases, it was the person’s first offense.
As of 2012, there were 3,278 prisoners serving sentences of life without parole for such crimes, according to an extensive and astonishing report issued Wednesday by the American Civil Liberties Union. And that number is conservative. It doesn’t include inmates serving sentences of, say, 350 years for a series of nonviolent drug sales. Nor does it include those in prison for crimes legally classified as “violent” even though they did not involve actual violence, like failing to report to a halfway house or trying to steal an unoccupied car....
As in the rest of the penal system, the racial disparity is vast: in the federal courts, blacks are 20 times more likely than whites to be sentenced to life without parole for nonviolent crimes. The report estimates that the cost of imprisoning just these 3,278 people for life instead of a more proportionate length of time is $1.78 billion....
Several states are reforming sentencing laws to curb the mass incarceration binge. And Congress is considering at least two bipartisan bills that would partly restore to judges the power to issue appropriate sentences, unbound by mandatory minimums. These are positive steps, but they do not go far enough. As the report recommends, federal and state legislators should ban sentences of life without parole for nonviolent crimes, both for those already serving these sentences and in future cases. President Obama and state governors should also use executive clemency to commute existing sentences. Just one-fifth of all countries allow a sentence of life without parole, and most of those reserve it for murder or repeated violent crimes. If the United States is to call itself a civilized nation, it must end this cruel and ineffective practice.
Recent related posts:
- New ACLU report spotlights thousands of nonviolent prisoners serving LWOP terms
- New York Times op-ed asks "Serving Life for This?"
Thursday, November 14, 2013
New York Times op-ed asks "Serving Life for This?"
I am pleased to see that columnist Nicholas Kristoff used his op-ed space today in the New York Times to promote the ACLU's new report on the thousands of persons serving LWOP sentences for non-violent offenses in the United States (discussed here). This piece is headlined "Serving Life For This?," and here are excerpts:
At a time when America has been slashing preschool programs, we have also been spending vast sums to incarcerate thousands of nonviolent offenders in life sentences without any possibility of parole. These cases underscore that our mass incarceration experiment has resulted in monstrous injustice and waste — a waste of tax dollars and of human lives.
Judges and prison officials are rebelling at the injustice of our justice system. Here’s what Judge James R. Spencer, a federal district judge, said when sentencing a former F.B.I. informant to life without parole for selling crack cocaine to support his own addiction: “A life sentence for what you have done in this case is ridiculous; it is a travesty.” But federal law on mandatory minimums left Judge Spencer no leeway. He added: “I don’t agree with it, either. And I want the world and the record to be clear on that. This is just silly.”
Here are some other nonviolent offenders serving life sentences without the possibility of parole:
• Ricky Minor, a meth addict and father of three, was found with 1.2 grams of meth in his home, along with over-the-counter decongestants that can be used to manufacture meth. He was initially charged under Florida law and says he faced a two-and-a-half-year sentence. Later indicted under federal law, he pleaded guilty because his public defender said that otherwise the prosecutors would also pursue his wife, leaving no one to raise their children. Minor had several prior nonviolent offenses, for which he had never served time, and these required Judge Clyde Roger Vinson to sentence him to life without parole. Judge Vinson said that the sentence “far exceeds whatever punishment would be appropriate.”
• Dicky Joe Jackson was a trucker whose 2-year-old son, Cole, needed a bone-marrow transplant to save his life. The family raised $50,000 through community fund-raisers, not nearly enough for the transplant, and Jackson tried to earn the difference by carrying meth in his truck. He has now been in prison for the last 17 years; when he lost his last appeal, he divorced his wife of 19 years so that she could start over in her life. The federal prosecutor in the case acknowledged: “I saw no indication that Mr. Jackson was violent, that he was any sort of large-scale narcotics trafficker, or that he committed his crimes for any reason other than to get money to care for his gravely ill child.”
• Danielle Metz became pregnant at 17 and later married an abusive man who was also a drug dealer. To placate him, she says, she sometimes helped him by fetching cocaine or collecting money from Western Union. After one clash in which he punched her in the face, she took the kids and left him. Two months later, she was indicted. She says that she was prosecuted primarily to induce her to testify against her husband, but that she wasn’t knowledgeable enough to have useful information to trade for a reduced sentence. She has now spent more than 20 years in prison.
Those examples come from a devastating new report, “A Living Death,” by the American Civil Liberties Union. It identified more than 3,200 such nonviolent offenders sentenced to die behind bars. Four out of five are black or Hispanic. Virtually all are poor. Many had dismal legal counsel. Some were convicted of crimes committed when they were juveniles or very young adults....
I write often about human rights abuses abroad. But when we take young, nonviolent offenders — some of them never arrested before — and sentence them to die in prison, it’s time for Americans who care about injustice to gaze in the mirror.
Recent related post:
Wednesday, November 13, 2013
New ACLU report spotlights thousands of nonviolent prisoners serving LWOP terms
The ACLU has released a huge new report giving focused attention to the thousands of prisoners serving life without parole sentences in the United States for nonviolent drug and property crimes. This massive new report, which can be accessed at this link, is titled "A Living Death: Life without Parole for Nonviolent Offenses." This related webpage highlights some specific defendants and cases with this introduction:
For 3,278 people, it was nonviolent offenses like stealing a $159 jacket or serving as a middleman in the sale of $10 of marijuana. An estimated 65% of them are Black. Many of them were struggling with mental illness, drug dependency or financial desperation when they committed their crimes. None of them will ever come home to their parents and children. And taxpayers are spending billions to keep them behind bars.
Here is an excerpt from the 200+ page report's executive summary:
Using data obtained from the Bureau of Prisons and state Departments of Corrections, the ACLU calculates that as of 2012, there were 3,278 prisoners serving LWOP for nonviolent drug and property crimes in the federal system and in nine states that provided such statistics (there may well be more such prisoners in other states). About 79 percent of these 3,278 prisoners are serving LWOP for nonviolent drug crimes. Nearly two-thirds of prisoners serving LWOP for nonviolent offenses nationwide are in the federal system; of these, 96 percent are serving LWOP for drug crimes. More than 18 percent of federal prisoners surveyed by the ACLU are serving LWOP for their first offenses. Of the states that sentence nonviolent offenders to LWOP, Louisiana, Florida, Alabama, Mississippi, South Carolina, and Oklahoma have the highest numbers of prisoners serving LWOP for nonviolent crimes, largely due to three-strikes and other kinds of habitual offender laws that mandate an LWOP sentence for the commission of a nonviolent crime. The overwhelming majority (83.4 percent) of the LWOP sentences for nonviolent crimes surveyed by the ACLU were mandatory. In these cases, the sentencing judges had no choice in sentencing due to laws requiring mandatory minimum periods of imprisonment, habitual offender laws, statutory penalty enhancements, or other sentencing rules that mandated LWOP. Prosecutors, on the other hand, have immense power over defendants’ fates: whether or not to charge a defendant with a sentencing enhancement triggering an LWOP sentence is within their discretion. In case after case reviewed by the ACLU, the sentencing judge said on the record that he or she opposed the mandatory LWOP sentence as too severe but had no discretion to take individual circumstances into account or override the prosecutor’s charging decision.
As striking as they are, the numbers documented in this report underrepresent the true number of people who will die in prison after being convicted of a nonviolent crime in this country. The thousands of people noted above do not include the substantial number of prisoners who will die behind bars after being convicted of a crime classified as “violent” (such as a conviction for assault after a bar fight), nor do the numbers include “de facto” LWOP sentences that exceed the convicted person’s natural lifespan, such as a sentence of 350 years for a series of nonviolent drug sales. Although less-violent and de facto LWOP cases fall outside of the scope of this report, they remain a troubling manifestation of extreme sentencing policies in this country.
November 13, 2013 in Examples of "over-punishment", Mandatory minimum sentencing statutes, Offense Characteristics, Prisons and prisoners, Procedure and Proof at Sentencing, Race, Class, and Gender, Scope of Imprisonment | Permalink | Comments (16) | TrackBack
Wednesday, November 06, 2013
Senate Judiciary hearing focused on federal prisons and "Cost-Effective Strategies for Reducing Recidivism"This motning, Tuesday November 6, 2013 at 10am, as detailed at this official webpage, there will be Hearing before the United States Senate Committee on the Judiciary titled "Oversight of the Bureau of Prisons & Cost-Effective Strategies for Reducing Recidivism." Here is the official agenda/hearing list:
- Charles E. Samuels, Jr.,Director,
- John E. Wetzel, Secretary, Pennsylvania Department of Corrections
- Representative John Tilley, Chair, Judiciary Committee, Kentucky House of Representatives
- Nancy G. La Vigne, Ph.D., Director, Justice Policy Center, The Urban Institute
- Matt DeLisi, Ph.D., Professor and Coordinator, Criminal Justice Studies, Iowa State University
- Dr. Jeffrey Sedgwick, Managing Partner and Co-Founder Keswick Advisors
I am expecting and hoping that there will be written testimony from some or all of these witnesses posted via the Senate website within the few hours.
Here at The Atlantic, Andrew Cohen sets out "5 Questions for Federal Prisons Chief When He Comes to Capitol Hill"
Tuesday, November 05, 2013
New Urban Institute report recommends policies to reduce federal prison growthAs detailed via this webpage, The Urban Institute has today released this notable new report titled "Stemming the Tide: Strategies to Reduce the Growth and Cut the Cost of the Federal Prison System." Here is how the webpage summarizes the report's content and coverage:
Here is the conclusion of this report's executive summary, which provides some details about its specific recommended reforms:
The federal prison population has risen dramatically over the past few decades, as more people are sentenced to prison and for longer terms. The result? Dangerously overcrowded facilities and an increasing expense to taxpayers. In a new Urban Institute report, the authors project the population and cost savings impact of a variety of strategies designed to reduce the inmate population without compromising public safety. They find that the most effective approach is a combination of strategies, including early release for current prisoners and reducing the length of stay for future offenders, particularly those convicted of drug trafficking.
[T]o yield a meaningful impact on population and costs, a mix of reforms to sentencing, prosecution, and early release policies are required. The most effective way to reduce overcrowding is to lower mandatory minimums for drugs, which, alone, would reduce overcrowding to the lowest it has been in decades. Add two more options — retroactively applying the Fair Sentencing Act to crack offenders already in BOP custody and providing a broader earned time credit for program participation — and the BOP could save $3 billion. Updating the formula for good time credits and providing early release for certain nonviolent older inmates would lead to an additional 5,000 immediate releases, while lowering the truth-in-sentencing requirement for new BOP admissions who exhibit exemplary behavior while in custody would further reduce the future prison population. Even with a mix of reforms, federal prisons may continue to be overcrowded. But a smart combination of policies will save taxpayers billions, make prisons less dangerous, and improve the quality and reach of programs designed to keep inmates from offending again.
Friday, November 01, 2013
"Did a murderer and a sex offender just save Oklahoma $20 million?"The title of this post is the headline of this recent Washington Post report, which struck my fancy on a Friday morning. Here is the explanation:
Bobby Cleveland, an Oklahoma state representative, had some questions about the amount of money being spent at Joseph Harp Correctional Center. As chairman of the state House’s Public Safety Committee, state prisons fall under his jurisdiction. But on a tour of the prison facility, he and two fellow representatives found something they didn’t expect: a software program written by two inmates that could save the prison, and maybe the state, a lot of money.
The program tracks inmates as they proceed through food lines, to make sure they don’t go through the lines twice, Cleveland said in an interview. It can help the prison track how popular a particular meal is, so purchasers know how much food to buy in the future. And it can track tools an inmate checks out to perform their jobs. “It’s a pretty neat program. It’s all done by the direction of the supervisor, one of these guys who’s kind of, what do you call it, thinking outside the box,” Cleveland said.
Cleveland said the program, if implemented statewide, could save Oklahoma up to $20 million a year. It can also track incoming shipments of food and supplies — and catch discrepancies, like the one that raised red flags with Cleveland and his colleagues, state Reps. Scott Martin (R) and Jason Murphey (R). The software showed that Sysco, which supplies food to the state prison system, was charging the state different prices for the same food item sent to two different facilities....
The program came to lawmakers’ attention when Cleveland took a tour of the facility without the prison warden around. He brought his colleagues to a subsequent visit to hear about the program. “It does kind of expose the waste at all the other facilities. It was just one of those genuine, lightning-strikes things,” Murphey said....
The supervisor, William Weldon, worked with two technologically-savvy inmates to develop the program. Prisoners each have a bar code they can scan, which then shows prison officials who has eaten a meal, or checked out a spatula before a shift in the kitchen, or borrowed a pair of gloves to scrub dishes after a meal. Jerry Massie, a spokesman for the Oklahoma Department of Corrections, said prison officials at Joseph Harp have used the software for about two years.
The software could even help save the state from lawsuits. Cleveland said several prisoners have sued over being denied special meals, whether for medical or religious reasons. When an inmate’s bar code is scanned, prison officials would be alerted that they should receive a diabetic meal, or a Halal or Kosher meal....
The Department of Corrections wouldn’t identify the inmates who created the program, beyond saying that one of them is a sex offender and one is serving a sentence for murder. They may not be the most savory characters, but the program appears to be working. “They built a system that could save the state millions of dollars,” Cleveland said. “I want to get the state using this thing.”
Thursday, October 31, 2013
"Sentencing and Prison Practices in Germany and the Netherlands: Implications for the United States"
The title of this post is the title of a notable new report from The Vera Institute of Justice available at this link. Here is a synopsis of the report's coverage via the Vera website:
Germany and the Netherlands have significantly lower incarceration rates than the United States and make much greater use of non-custodial penalties, particularly for nonviolent crimes. In addition, conditions and practices within correctional facilities in these countries — grounded in the principle of “normalization” whereby life in prison is to resemble as much as possible life in the community — also differ markedly from the U.S.
In February 2013 — as part of the European-American Prison Project funded by the California-based Prison Law Office and managed by Vera — delegations of corrections and justice system leaders from Colorado, Georgia, and Pennsylvania together visited Germany and the Netherlands to tour prison facilities, speak with corrections officials and researchers, and interact with inmates. Although variations in the definitions of crimes, specific punishments, and recidivism limit the availability of comparable justice statistics, this report describes the considerably different approaches to sentencing and corrections these leaders observed in Europe and the impact this exposure has had (and continues to have) on the policy debate and practices in their home states. It also explores some of the project’s practical implications for reform efforts throughout the United States to reduce incarceration and improve conditions of confinement while maintaining public safety.
October 31, 2013 in Criminal Sentences Alternatives, Prisons and prisoners, Purposes of Punishment and Sentencing, Scope of Imprisonment, Sentencing around the world | Permalink | Comments (1) | TrackBack
Wednesday, October 30, 2013
"Gimme Shelter: Mass Incarceration and the Criminology of the Housing Boom"The title of this post is the title of this intriguing new short paper by the always intriguing Jonathan Simon from a book intriguingly titled "Architecture and Justice." Here is the abstract:
Mostly when we think about the intersection of architecture and justice we think of the connections between buildings, like courts, prisons, jails, and the ideas, ideologies, and policies that shape both the scale and aspirations of these buildings. Here I want to propose a different kind of connection. Just as buildings belong to a ‘built environment’, and policies emerge not directly from interest groups but out of broader ‘political rationalities’. We can learn something by reflecting on how these influence each other.
Do lead exposure realities continue to best explain modern crime-rate realities?Every time I see reports new reports about crime rates in the United States or in certain regions, I cannot avoid continuing to think about the interesting research connecting crime rates and childhood exposure to lead. Against that backdrop, I was pleased that Rick Nevin, a Senior Economist at ICF International, sent me this lengthy e-mail discussing his research and writing on this topic:
I want to thank you for yourJanuary blog about the Mother Jones article discussing my lead and crime research. I also want to let you know that I have several posts at www.ricknevin.com that update my earlier analyses, and are closely related to recent posts:Your October 28 post about the NYT editorial on "Why Prisons Are Shrinking" is related to my paper on The Plummeting USA Incarceration Rate showing that the recent incarceration rate decline reflects much steeper declines for younger adults (ages 18-30) born across years of declining lead exposure, partly offset by rising incarceration rates for older adults born across years of pandemic lead poisoning.
Your October post on NYC murder rates is directly related to my post on Why is the Murder Rate Lower in New York City?You had two posts in October about 2012 FBI and BJS data showing relatively stable crime rates related to my recent Lead Poisoning and Juvenile Crime Update paper showing that juvenile arrest rates are falling to record lows since 1980, reflecting ongoing declines in lead exposure over the 1990s, while arrest rates since 1980 have increased for older adults. This paper also updates my crime trend graphs for Britain and Canada showing the predictive power of earlier lead exposure trends, with the same relationship between lead exposure and crime trends and the same shifts in arrest rates by age observed in the USA. I also have a recent paper showing how lead exposure trends can explain Juvenile Arrest Rate Trends by Race and Gender
I also have a post on Lead Exposure and Murder in Latin America and a longer paper called The Answer is Lead Poisoning that updates and integrates findings from several of my related peer-reviewed studies. All of the questions at The Questions link to this same paper.
I know the Kevin Drum story in Mother Jones seemed new and speculative to most readers, but there is actually a large body of research now supporting this relationship, and I have links to many peer-reviewed studies in my posted papers. I don’t know of any other criminology theory that can explain both the rise and fall of crime in so many places -- and different trends by age, race, and gender -- or any theory that has so accurately predicted ongoing crime trends in so many different places for so many years. I hope you will consider bringing some of this information to a broader audience through your blog, and I would welcome your use of any text or graphs from my posted papers.
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
- 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
Tuesday, October 29, 2013
Jesse Jackson Jr. unable to check in early to federal prison systemThis new story from the Chicago Tribune about the failed attempt by a fallen prominent politician provides some further evidence that few get special treatment from the federal Bureau of Prisons. The piece is headlined "Jackson Jr. turned away after showing up at prison early," and here are the (amusing?) details:
Convicted former Rep. Jesse Jackson Jr. tried to report Monday to a federal prison in North Carolina but was turned away, a prison spokesman said this morning.
Chris McConnell, executive assistant at Butner Federal Correctional Complex near Durham, declined to specify why Jackson was not allowed to surrender to the prison, but the ex-congressman did appear at Butner days earlier than expected. The sentencing judge had told Jackson to report no earlier than Friday, court documents show.
McConnell said the former lawmaker was turned away during the afternoon hours. He said press accounts in which Rep. G. K. Butterfield, D-N.C., described a paperwork problem being worked out at the prison were “very accurate.” Butterfield reportedly accompanied Jackson to the prison.
At the Bureau of Prisons in Washington, spokesman Ed Ross said this morning he could confirm that Jackson was not in bureau custody. He declined to elaborate on what occurred Monday or to say what is expected to happen next. It was not immediately clear when Jackson would be able to start his 30-month prison sentence.
Jackson was sentenced in the U.S. District Court for the District of Columbia after pleading guilty. Sheldon Snook, the administrative assistant to its chief judge, said today that he reviewed Jackson’s court docket and saw no change from a judgment entered in August indicating the former congressman shall surrender “no earlier than Nov. 1, 2013.” That is Friday....
The confusion over Jackson's whereabouts began Monday when his lawyer's spokeswoman said the ex-congressman had reported to prison. Bunnie Jackson-Ransom, an Atlanta publicist for Jackson lawyer C.K. Hoffler, said Jackson arrived at the Butner Federal Correctional Complex in North Carolina sometime after 2 p.m. Chicago time Monday. But McConnell, contacted late Monday afternoon, denied Jackson was in custody. And Ross cited the "inmate locator" on the prison system's website, which listed Jackson as "not in BOP custody" -- a status that remained as of 7 a.m. today Chicago time....
Jackson, 48, who was convicted of looting his campaign fund of $750,000, has been given an inmate number: 32451-016. Jackson is expected to join other high-profile felons at Butner. It is home to rogue financier Bernard Madoff; spy Jonathan Pollard; Omar Ahmad Rahman, the "blind sheik" convicted for plotting to blow up New York City landmarks; and Jon Burge, the former Chicago police commander under whose watch African-American suspects were tortured into making false confessions to rape and murder, records show....
Jackson, the son of civil rights leader the Rev. Jesse Jackson, reportedly has depression and bipolar disorder. Jackson Jr. pleaded guilty to stealing $750,000 from his campaign from 2005 to 2012 to pay for vacations, furs, celebrity memorabilia and even two elk heads. He was ordered to pay $750,000 in restitution. According to a court filing last week, the ex-congressman will pay $200,000 by Friday and then sell his Washington home. By May 15, attorneys will give the judge a report on how much he has paid.
Some prior related posts on Jackson prosecution and sentencing:
- You be the prosecutor: what federal sentence should be sought for Jesse Jackson Jr. and his wife?
- Jacksons plead guilty and federal prosecutors recommend significant prison terms for both
- Months before scheduled sentencing, lawyers buzzing about Jesse Jackson Jr.'s mental health
- "Will the Jacksons get a slap on the wrist, or will their heads be mounted?"
- "Both Jacksons get prison terms, Jackson Jr. to serve first"
Thursday, October 24, 2013
Michigan Senate passes (prospective-only) Miller fix proposalAs reported in this local article, headlined "Michigan juvenile lifers: Senate moves to fix unconstitutional law, not offer resentencing," the Michigan legislature is finally making some progress on reforming unconstitutional aspects of its juvenile sentencing scheme. Here are the details:
The Michigan Senate on Thursday unanimously approved legislation that would allow some minors convicted of murder to avoid life in prison -- unless they are already behind bars and have exhausted appeal.
Senate Bills 318 and 319, now headed to the House for consideration, would update Michigan laws that currently allow mandatory life sentences without the possibility of parole for offenders who were under 18 at the time of their crime....
Under the Senate proposal, prosecutors could still seek life sentences without the possibility of parole for minors. But judges, after considering aggravating and mitigating circumstances, would be given new discretion to impose a prison term of between 25 and 60 years. With good behavior, an individual convicted at 15 could have the chance to request a parole hearing and make their case for release when they reached 40.
The bills would not apply retroactively, meaning that "juvenile lifers" already behind bars and out of appeals would not have the opportunity for parole. Michigan is home to more than 360 juvenile lifers, the second-highest total in the nation.
State Sen. Bert Johnson, D-Detroit, proposed an amendment that would have added retroactivity to the legislation, but sponsoring Sen. Rick Jones, R-Grand Ledge, argued against it, and the amendment was shot down. "The bill brings us into compliance with the Supreme court ruling," said Jones. "It does not go into retroactivity because they didn't address that."
Advocates say that juvenile lifers deserve the same opportunities for release as future convicts, but victim families have argued that opening old cases would also open old wounds.
The Supreme Court did not address the retroactivity question, and state and federal courts have offered different answers. U.S. District Court Judge John Corbet O'Meara has said Michigan juvenile lifers deserve a "fair and meaningful possibility of parole," but he has not yet determined what that possibility should look like.
State Rep. Joe Haveman, R-Holland, has introduced House measures that include retroactivity for juvenile lifers. But those bills, the subjects of an emotional hearing in August and opposition from Attorney General Bill Schuette, have not advanced out of committee.
October 24, 2013 in Assessing Miller and its aftermath, Prisons and prisoners, Procedure and Proof at Sentencing, Scope of Imprisonment, Sentences Reconsidered, Who Sentences? | Permalink | Comments (1) | TrackBack
Tuesday, October 22, 2013
"Can Obamacare Reduce the Cost of Corrections?"The question in the title of this post is the headline of this intriguing new piece by Graham Kates over at The Crime Report. Here are excerpts:
The Affordable Care Act (ACA) has the potential to dramatically reduce costs associated with incarceration and prisoner re-entry, a U.S. Department of Justice (DOJ) official said today at a conference on health care and corrections at the John Jay College of Criminal Justice in New York City.
Local and federal governments spend about $80 billion annually on corrections — about $35,000 per inmate, but Amy Solomon, an advisor to the DOJ’s Office of Justice Programs, noted that those receiving continuing healthcare beyond incarceration are significantly less likely to be re-arrested.
Beginning in 2014, Americans who earn up to 133 percent of the federal poverty line and reside in 25 states that have agreed to a Medicaid expansion will qualify for access to the government insurance program. Those who earn up to four times the poverty line will qualify for federally subsidized insurance. For impoverished former inmates re-entering their communities, Solomon said that could mean their first opportunities to pursue healthcare beyond bars. “Continuity of care is essential if we want to see health and safety benefits,” Solomon said....
And for communities struggling with the ravages of addiction, mental illness and other issues often relegated to the corrections system, it could mean opportunities to find less costly alternatives to incarceration. “I hope that judges will have viable community-based treatment options, so they won’t feel compelled to lock up someone with mental health issues,” Solomon said.
The key to diverting would-be inmates is separating low-risk offenders from those who are a high-risk, according to Elizabeth Glazer, former deputy secretary for public safety at the New York State Office of Criminal Justice Services. In New York State, 8 percent of offenders account for 80 percent of crime, Glazer said at the conference....
But for both low- and high-risk inmates currently in prison, the task of meeting healthcare needs upon release can be tricky. Few continue care with the provider they had in prison and healthcare often drops off entirely. New York recently unveiled a program called Medicaid Health Homes, which is designed to facilitate communication between all of an individual’s caregivers. For inmates re-entering local communities after prison stays, Glazer said the result will be an increased continuity of care. “Done right, fewer people are going back to jail and prison, and that’s sort of where the bigger incentive is,” Glazer said.
Monday, October 21, 2013
"Federal judges extend Gov. Brown's prison crowding deadline -- again"The title of this post is the headline of this afternoon report from the Los Angeles Times concerning the latest development in the long-running dickering over how California is dealing with a federal court order to reduce its prison population. Here are the details:
A panel of federal judges has given Gov. Jerry Brown an additional 28 days to come up with long-term solutions to the state's prison crowding problems.
In an order issued Monday, the judges moved the deadline for California to remove about 9,600 inmates from state lockups to Feb. 24, adding almost a month to their last deadline of Jan. 27. It previously was Dec. 31. They also ordered the state to continue negotiating for solutions with lawyers representing California's 134,000 prisoners.
Monday was the deadline for a state appeals judge, Peter Siggins, who was assigned to mediate those confidential talks, to report on the two sides’ progress. Based on Siggins' confidential update and recommendations, the federal panel ordered the negotiations to continue, with another update due Nov. 18, the jurists said in their signed order. The judges extended their first deadline and ordered the discussions after Brown asked them last month for three more years in which to reduce inmate numbers.
Tuesday, October 15, 2013
"Louisiana prisons expand inmate medical care through video conferencing"The title of this post is the headline of this notable new article discussing an interesting technocorrections development in the bayou. Here is how the piece begins:
The Louisiana Department of Corrections has drastically expanded an online medical program in which doctors treat prisoners through video conferencing.
The department plans to take the number of offenders treated by telemedicine from 3,500 to 20,000 in the coming year. The shift is part of Gov. Bobby Jindal's push to privatize state-run hospitals and medical clinics. Inmates traditionally received their more advanced or specialized treatment at those charity facilities.
The Department of Corrections provides primary physician care to offenders on site at state prisons. But officials now use video conferencing and other online services when inmates need to see medical specialists, like cardiologists and neurologists.
For example, an inmate who had recovered from a heart attack or cancer, and only needs routine check-ups to monitor their health, could seek treatment through telemedicine.
Dr. Raman Singh, medical director for the Department of Corrections, said telemedicine is supposed to supplement the traditional patient-doctor encounter. Offenders can go off site for doctor visits if needed, but a larger telemedicine program should cut back on the need for many outside medical trips.
Transporting prisoners to a clinic or hospital can be a complicated affair. Offenders require a secure vehicle and guards to accompany them on the journey, and the travel can also take several hours, since state prisons and medical facilities aren't necessarily near each other. In the case of one north Louisiana facility, offenders, had to make a three-hour round trip every time they needed more than very basic medical attention, said Singh.
Singh knows telemedicine works because LSU has been running an online doctor-offender program in south Louisiana facilities for years. Starting this month, Texas-based US Telehealth is providing online medical care to state prisons in central and north Louisiana, helping to cover the state's whole correctional system. The LSU School of Medicine had wanted to operate the prison contract statewide, but US Telehealth offered a better prices for its services, prompting the Department of Corrections to sign a partial system contract with the company.
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 (7) | TrackBack