Tuesday, January 27, 2015
"Back to the Future: The Influence of Criminal History on Risk Assessment"
The title of this post is the title of this timely new paper by Melissa Hamilton now available via SSRN. Here is the abstract:
Evidence-based practices providing an empirical basis for predicting recidivism risk have become a primary focus across criminal justice decision points. Criminal history measures are the most common and heavily weighted factors in risk assessment tools, yet is such substantial reliance fully justified? The empirical and normative values placed on criminal history enjoy such commendation by criminal justice officials, practitioners, and the public that these practices are rarely questioned. This paper fills the gap by introducing and exploring various issues from legal, scientific, and pragmatic perspectives.
As a general rule, a common assumption is that past behavior dictates an individual’s likely future conduct. This axiom is often applied to criminal behavior, more specifically, in that prior offending is considered a primary driver to predict future recidivism. Criminal justice officials have a long history of formally and informally incorporating risk judgments into a variety of criminal justice decisions, ranging from bail, sentencing, parole, supervisory conditions, and programming. A more contemporary addendum represents empirically informed risk assessment practices that integrate actuarial tools and/or structured professional judgments. Various criminal history measures pervade these newer evidence-based practices as well.
Instead of presuming the value and significance of prior crimes in judging future recidivism risk, this Article raises and critically analyzes certain unexpected consequences resulting from the significant reliance upon criminal history in risk assessment judgments. Among the more novel issues addressed include: (1) creating a ratchet effect whereby the same criminal history event can be counted numerous times; (2) resulting in informal, three-strikes types of penalties; (3) counting nonadjudicated criminal behaviors and acquitted conduct; (4) proportionality of punishment; (5) disciplining hypothetical future crime; (6) punishing status; and (7) inadequately accounting for the age-crime curve. In the end, criminal history has a role to play in future risk judgments, but these issues represent unanticipated outcomes that deserve attention.
Monday, January 26, 2015
Shouldn't true fiscal conservatives question a federal program with 600% recent spending growth?
The question in the title of this post is part of my reaction to this new fact sheet released by the Pew Public Safety Performance Project. The Pew document is titled "Growth in Federal Prison System Exceeds States': Federal imprisonment rate, taxpayer costs soar as states curtail expansion, protect public safety," and here is how it starts (footnoted omitted):
Between 1980 and 2013, the federal imprisonment rate increased 518 percent, from 11 inmates for every 100,000 U.S. residents to 68. During the same period, annual spending on the federal prison system rose 595 percent, from $970 million to more than $6.7 billion in inflation-adjusted dollars. Prison expenditures grew from 14 percent of the Justice Department’s total outlays to 23 percent, increasingly competing for resources with law enforcement and national security programs.
States, like the federal government, recorded sharp increases in incarceration and corrections costs over the past three decades. However, between 2007 and 2013, many states made research-driven policy changes to control prison growth, reduce recidivism, and contain costs. While the federal imprisonment rate continued to rise during that period, the state rate declined.
Folks like Bill Otis and some other defenders of the modern state of the modern federal criminal justice system are often suspect when I (and others like Senator Rand Paul and Grover Norquist) assert that a true commitment to conservative values should prompt serious questions about the size and operation of federal criminal justice system. And I fully understand how folks committed to certain social conservative values, and who also believe the federal government should be actively promoting certain social values, can continue to support strongly the federal war on drugs and ever-increasing federal expenditures in service to promoting certain social values.
But, as the title of this post suggests, I do not understand how anyone who is truly committed to fiscal conservative values is not now compelled to examine whether it is wise to keep spending/borrowing more and more federal monies to keep growing the federal prison system. As this Pew document and many others have highlighted, a significant number of states have been able to reduce its spending on incarceration over the last decade without any obvious harmful impact on public safety. My advocacy for federal sentencing reform is based largely on the hope and belief that the feds can now do the same.
Saturday, January 24, 2015
Another remarkable exoneration thanks only to NC Innocence Inquiry Commission
On this blog, I typically do not extensively cover or frequently discuss exonerations and criminal appeals based on actual innocence claims because, as some may know, I fear guilt/innocence concerns can at times distort sentencing procedures and policy debates focused only on indisputably guilty persons. But this new amazing story out of North Carolina, headlined "After 36 years, Joseph Sledge's unfamiliar feeling: normal," seemed especially blogworthy for various reasons.
Most significantly, I think, is that this remarkable NC story highlights the unique benefits resulting if (and perhaps only when) a jurisdiction has a special institution and special procedures for dealing specifically with innocence claims. Here are the basic of one remarkable story that is embedded in the broader realities of North Carolina's unique approach to innocence concerns:
Joseph Sledge looked out across Lake Waccamaw on Friday afternoon, shivering against a cold January rain and trying to embrace an unfamiliar feeling: normal. Sledge walked out of jail Friday for the first time in 36 years without the burden of handcuffs and shackles.
He is finally free. The state had been wrong about him in 1978, and in all the years since; he is no killer. At 70, he will begin again. “I’m full up on freedom,” Sledge said shyly, leaning over a menu at Dale’s Seafood, a lakeside restaurant in rural Columbus County.
Sledge is the eighth man freed through a unique process that forces the state to deal with prisoners’ claims of innocence. The North Carolina Innocence Inquiry Commission, created in 2006, examined Sledge’s innocence claim over the last 18 months, and in December, it voted that his case merited a possible exoneration.
On Friday afternoon, a trio of judges did just that. Jon David, the Columbus County district attorney, made their decision swift and easy; David told judges he had become convinced that Sledge was innocent.
As Superior Court Judge Tom Lock announced Sledge’s exoneration, a dozen photographers and reporters rushed toward Sledge and his attorneys. Sledge smiled slightly as his attorneys, Christine Mumma and Cheryl Sullivan of the North Carolina Center on Actual Innocence, pulled him close. Applause erupted....
Sledge ... stole some T-shirts from a department store in the early 1970s. A judge sentenced him to four years in a prison camp in rural Eastern North Carolina. In 1976, with just a year left in his sentence, he escaped from the White Lake Prison Camp one night after a beef with another inmate.
That very night, not 5 miles away, someone brutally murdered Josephine and Ailene Davis, a mother and daughter, who lived together in rural Bladen County. That horrible coincidence set the course for Sledge’s life.
Sledge’s exoneration is bittersweet. It comes after dozens of mistakes and casual dismissals of his pleas for help. David, the district attorney, ticked through the justice system’s blind spots in Sledge’s case. The system wasn’t what it is now, he said. No DNA testing was available. The best it had – microscopic hair comparison – could only determine that Sledge’s pubic hair was consistent with pieces left on one victim’s exposed torso. Sledge’s escape and the wild testimony of two jailhouse informants made it all seem too obvious during the 1978 trial, which had been moved to Columbus County.
David said Friday that he regretted the system’s weaknesses and any part that court officials played in it. “There’s nothing we regret more to our values as prosecutors than to believe an innocent person is in prison,” David said. He offered Sledge an apology.
Mumma, who first encountered Sledge’s case a decade ago, has had a hard time swallowing all of the ways the criminal justice system failed Sledge – and the amount of time it took to make it right. Clues that should have sent investigators to other suspects were disregarded. None of the nearly 100 fingerprints taken from the crime scene matched Sledge’s. Investigators also collected head hairs from the victims’ bodies, but Sledge had always shaved his bare.
During two decades, Sledge sent dozens of letters to judges, police officials and prosecutors asking that they find and test evidence from his case for DNA. Yet it took nearly 20 years for a clerk to find hairs that would prove his innocence. By happenstance, a Columbus County clerk climbed a ladder in late 2012 while cleaning the evidence vault; she found an envelope flat on the top shelf with the missing hairs. The clerks had been ordered to search for that evidence as far back as 2003.
Without the state’s new apparatus for testing innocence claims, Sledge might have remained in prison. The Center on Actual Innocence and the Innocence Inquiry Commission interviewed dozens of people, testing memories that had faded over decades. Commission staff discovered crime scene evidence and investigators’ notes that local sheriff’s deputies had said for years had been lost or destroyed. The commission spent $60,000 on forensic testing.
January 24, 2015 in Criminal Sentences Alternatives, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Sentences Reconsidered, Who Sentences? | Permalink | Comments (15) | TrackBack
Friday, January 23, 2015
"Where Do We Go from Here? Mass Incarceration and the Struggle for Civil Rights"
On the surface, crime and punishment appear to be unsophisticated matters. After all, if someone takes part in a crime, then shouldn’t he or she have to suffer the consequences? But dig deeper and it is clear that crime and punishment are multidimensional problems that stem from racial prejudice justified by age-old perceptions and beliefs about African Americans. The United States has a dual criminal justice system that has helped to maintain the economic and social hierarchy in America, based on the subjugation of blacks, within the United States. Public policy, criminal justice actors, society and the media, and criminal behavior have all played roles in creating what sociologist Loic Wacquant calls the hyperincarceration of black men. But there are solutions to rectify this problem.
To summarize the major arguments in this essay, the root cause of the hyperincarceration of blacks (and in particular black men) is society’s collective choice to become more punitive. These tough-on-crime laws, which applied to all Americans, could be maintained only because of the dual legal system developed from the legacy of racism in the United States. That is, race allowed for society to avoid the trade-off between societies “demand” to get tough on crime and its “demand” to retain civil liberties, through unequal enforcement of the law. In essence, tying crime to observable characteristics (such as race or religious affiliation) allowed the majority in society to pass tough-on-crime policies without having to bear the full burden of these policies, permitting these laws to be sustained over time.
What’s more, the history of racism, which is also linked to the history of perceptions of race and crime, has led society to choose to fight racial economic equality using the criminal justice system (i.e., incarceration) instead of choosing to reduce racial disparities through consistent investments in social programs (such as education, job training, and employment, which have greater public benefits), as King (1968) lobbied for before his assassination. In other words, society chose to use incarceration as a welfare program to deal with the poor, especially since the underprivileged are disproportionately people of color.
At the same time, many communities attempted to benefit economically from mass incarceration by using prisons as a strategy for economic growth, making the incarceration system eerily similar to the system of slavery. Given all of the documented social and economic costs of mass incarceration (e.g., inferior labor market opportunities, increases in the racial disparity in HIV/AIDS, destruction of the family unit), it can be concluded that it has helped to maintain the economic hierarchy, predicated on race, in the United States. In order to undo the damage that has been done, and in order to move beyond our racial past, we must as a nation reeducate ourselves about race; and then, as a society, commit to investing in social programs targeted toward at-risk youth. We must also ensure diversity in criminal justice professionals in order to achieve the economic equality that King fought for prior to his death. Although mass incarceration policies have recently received a great deal of attention (due to incarceration becoming prohibitively costly), failure to address the legacy of racism passed down by our forefathers and its ties to economic oppression will only result in the continued reinvention of Jim Crow.
Thursday, January 15, 2015
Political scientist highlights how Ted Kennedy and Joe Biden helped produce modern mass incarcertation
I first spotlighted in this prior post the fascinating new book by Princeton Professor Naomi Murakawa titled The First Civil Right: How Liberals Built Prison in America. I now see that The Marshall Project has published this great piece by Dana Goldstein with a brief overview of the book and a potent Q&A with its author. Here is how the piece starts and some of my favorite excerpts:
Are liberals as responsible for the prison boom as conservatives?
That’s the thesis of a new book, The First Civil Right: How Liberals Built Prison America. It has begun to attract reviews and debate from across the political spectrum. Princeton political scientist Naomi Murakawa seeks to upend assumptions about the politics of crime and punishment. She argues that conservatives, playing the politics of racial animus, helped quadruple the incarceration rate, but they were not alone. Rather, she points to “liberal law and order” ideas first expressed by Harry Truman, Lyndon B. Johnson, and even the NAACP. These liberals believed that federalizing crime policy would “professionalize” the justice system and prevent racial bias. But in fact, federal funding and federal oversight of courts, sentencing, and policing helped build what Murakawa calls a “carceral state” that disproportionately punishes people of color.
Murakawa and I talked about her book and its implications for criminal justice reform today, especially the #BlackLivesMatter movement and the Obama administration’s policing reforms....
Q: Your book aims to expose the liberal roots of the prison boom. But Democrats did not create the Willie Horton ad. It was Richard Nixon who expanded the drug war by claiming that drug use was “the common denominator” that explained lawlessness among hippies, inner-city blacks, and antiwar protestors. Is it important to distinguish between the different motives of conservatives and liberals?
A: I think it’s important to stay focused on outcomes in terms of how they affect people’s day-to-day lives. I do discount stated intentions quite a lot. I do this in part because I have a feeling that for those being sentenced under punitive sentencing guidelines it doesn’t make a difference to them that Sen. Ted Kennedy was liberal and overall had a good voting record. It doesn’t make the brutality of living in a cage any less violent.
Kennedy promulgated this idea of sentencing guidelines. It was his baby. He ushered it through the Senate at first as guidelines that were rigid but would have been somewhat anti-carceral. They became guidelines that were rigid and more carceral. And Reagan signed this legislation, in 1984. Kennedy had the rest of his life to say, “The sentencing guidelines have had a terrible impact. This is not what I meant.” Not once did he introduce legislation to reform the guidelines. Not once did he apologize or try to change it. When I look at that kind of history, that’s where I feel like it’s fair to hold liberals responsible.
Q: Joe Biden played an interesting role in what you call Democrats “upping the ante” to outbid conservatives on being tough on crime. Can you talk about Biden’s history?
A: He was really pivotal in leading the Senate in worsening all of the provisions of Clinton's 1994 Omnibus Crime Act, which expanded the death penalty and created new mandatory minimum sentences. Biden was truly a leader and worked very closely and very happily with conservative senators just to bid up and up and up. There’s a tendency now to talk about Joe Biden as the sort of affable if inappropriate uncle, as loudmouth and silly. But he’s actually done really deeply disturbing, dangerous reforms that have made the criminal justice system more lethal and just bigger.
That 1994 act is overwhelmingly, incredibly punitive. One of the ways Biden brokered it was by making it such a huge bill that it had something for everyone. It provided political coverage for everyone who wanted to vote for it. There were certain liberal members who might have been opposed to mandatory minimums, but they were also getting the Violence Against Women Act. The Congressional Black Caucus opposed the death penalty expansions, but the bill also did include some modest money for rehabilitation programs. Everyone got goodies through the criminal justice system.
Prior related post:
January 15, 2015 in Elections and sentencing issues in political debates, Purposes of Punishment and Sentencing, Race, Class, and Gender, Scope of Imprisonment, Who Sentences? | Permalink | Comments (10) | TrackBack
Monday, January 12, 2015
"Disgust, Dehumanization, and the Courts’ Response to Sex Offender Legislation"
A helpful reader alerted me to a notable article by Alexandra Stupple appearing in the Fall 2014 issue of National Lawyers Guild Review which has a title that also serves as the title of this post. The relative short article (which starts on page 8 of this pdf link) has the following introduction and conclusion:
Sex offenders have been subject to unprecedented restrictions and punishment. The government’s treatment of sex offenders is a clear example of the dangers of laws derived from and upheld because of the emotion of disgust. Disgust has led to a dehumanization of this category of people, which has led to a stripping of their constitutional rights. The law’s treatment of sex offenders is a clear example of why the law should eschew employing the emotion of disgust during all proceedings. In addition, the courts’, particularly the Supreme Court’s, treatment of the other branches’ actions regarding sex offenders is illustrative of why the law needs to insist upon empirical data in support of legislation and why the courts should not always defer to the other branches’ findings....
Today, all communities rightfully think of crimes such as child rape and molestation as the grave and heinous acts they are; however, a panic has ensued which has led to a squandering of public resources, the dehumanization of a swath of people, and the denigration of the Constitution. For the protection of everyone’s constitutional rights, a conscious commitment by all lawmakers to use empirical data in their fact-finding and decision-making is required, even if done while feeling and expressing emotions like anger and contempt. This may be the only way evidence-based practices and policies that actually protect the public from sexually violent persons will be born.
Sunday, January 11, 2015
Toledo Blade urges "No more prisons" for Ohio as it deals with overcrowding issues
This new editorial from The Toledo Blade makes the case for sentencing reform to deal with Ohio's prison overcrowding problems. Here are excerpts:
Fueled largely by growing numbers of nonviolent, drug-addicted offenders from rural counties, Ohio’s crowded prison system is at a crossroads: The state must either increase capacity or take the far more sensible, humane, safe, and cost-effective route of finding community-based alternatives to incarceration.
Statistical profiles of the state’s incoming inmates underscore the need for change. They show many low-level offenders with short sentences that community sanctions could handle more effectively, at a fraction of the $25,000 a year it costs to lock up each prisoner. Ohio’s prison system costs $1.5 billion a year.
Nearly 45 percent of inmates who go to prison each year in Ohio — almost 9,000 people — serve less than a year. That’s not enough time for them to get involved in meaningful programs that would reduce their chances of returning to prison. Expanding drug courts in Ohio would ensure that more offenders who struggle with addiction were sentenced to treatment instead of prison.
Gary Mohr, director of the Ohio Department of Rehabilitation and Correction, prudently and courageously rules out building more prisons, though he said crowding statewide could force Ohio to reopen a prison camp.... “As a state, we’re going to have to make some policy decisions,” Mr. Mohr told The Blade’s editorial page. “Are we going to invest in brick and mortar, spending $1 billion over the next 20 years to build and run another prison, or are we going to invest in people? ... I’m not going to build another prison, not with so many nonviolent people coming into the system.”
The rest of the state should listen to its prison chief. Mr. Mohr recently convened a working group of judges and state politicians to find ways to divert more low-level offenders from prison. He said he would expand halfway houses and other community alternatives to incarceration, and support sentencing reforms that could emerge from the General Assembly this year.
Roughly 30 percent over capacity, Ohio’s prison system holds 50,382 inmates, including 4,049 women. That’s up about 2 percent from August, 2012. The prison population would be far higher if the recidivism rate in Ohio were not at a record low 27.1 percent, compared to nearly 50 percent nationwide. The state could lower that rate even further by starting drug treatment, including medication-assisted treatment, before prisoners are released and continuing that treatment after they go home....
The number of offenders coming from Ohio’s six largest counties, including Lucas, is down, Mr. Mohr said. But a growing number of new prisoners from the rest of the state has more than offset decreases from major urban areas. Ohio’s goal should not be to manage its prison population. It should be to reduce that population significantly, by acting now to expand cost-effective alternatives to incarceration.
Some recent related posts:
- Despite recent reforms, Indiana and Ohio still struggling greatly with prison crowding and costs
- Editorial laments how some part of Ohio are "addicted to prisons"
- Gendered perspective on Ohio's challenges with opioids and prison growth
Friday, January 09, 2015
"How White Liberals Used Civil Rights to Create More Prisons"
The potent title of this post is the potent title of this new piece at The Nation by Willie Osterweil, which serves as a review of sorts of a book by historian Naomi Murakawa titled The First Civil Right: How Liberals Built Prison in America. Both the full Nation article and the book it discusses are worth attention, and here are excerpts from the article:
In her first book, The First Civil Right: How Liberals Built Prison in America, historian Naomi Murakawa demonstrates how the American prison state emerged not out of race-baiting states’-rights advocates nor tough-on-crime drug warriors but rather from federal legislation written by liberals working to guarantee racial equality under the law. The prison industry, and its associated police forces, spy agencies and kangaroo courts, is perhaps the most horrific piece of a fundamentally racist and unequal American civil society. More people are under correctional supervision in the United States than were in the Gulag archipelago at the height of the Great Terror; there are more black men in prison, jail or parole than were enslaved in 1850. How did this happen?
The common-sense answer is that launching the war on drugs during the backlash against civil-rights struggles encouraged agents of the criminal-justice system to lock up black people for minor infractions. This isn’t wrong, or not exactly. Ronald Reagan’s infamous Sentencing Reform Act of 1984, which established federal minimums (a k a sentencing “guidelines”) and abolished parole in the federal prison systems, did lead to an explosion in the number of federal prisoners, particularly drug offenders. It was one of the pivotal moments in the production of the prison-industrial complex (PIC) — the overlapping sphere of government and industrial activity that employs hundreds of thousands of guards, cops, judges, lawyers, bail-bondsmen, administrators and service employees and which sees millions of prisoners performing barely paid production labor to generate profit. But, as Murakawa painstakingly demonstrates, the Sentencing Reform Act has a “liberal core,” and is built on the technical and administrative logic of racial fairness that structures all federal civil-rights legislation.
This is the fundamental thesis of Murakawa’s book: legal civil rights and the American carceral state are built on the same conceptions of race, the state and their relationship. As liberals believe that racism is first and foremost a question of individual bias, they imagine racism can be overcome by removing the discretion of (potentially racist) individuals within government through a set of well-crafted laws and rules. If obviously discriminatory laws can be struck down, and judges, statesmen or administrators aren’t allowed to give reign to their racism, then the system should achieve racially just outcomes. But even putting aside the fact that a removal of individual discretion is impossible, such a conception of “fairness” applies just as easily to producing sentencing minimums as school desegregation....
Murakawa does not simply collapse liberal and conservative into each other. She makes an important distinction between postwar racial-liberalism and postwar racial-conservatism. Race conservatives are those who don’t believe that racism is real, but that race is: they believe that black people are innately inferior to whites, and attribute their place in society to a failure of black culture. This race-conservatism is what is broadly considered “real racism.”
Race-liberalism, on the other hand, remains the dominant — and usually unspoken — American framework for understanding race. Built on the premise that racism is real but manifests as the prejudice of white people, race-liberals argue that individuals’ racism can corrupt institutions and bias them against black people. That bias damages black psyches as well as black people’s economic and social prospects. Race-liberals believe that training, laws, stricter rules and oversight can eliminate prejudice and render institutions “colorblind.” Since it is biased treatment that damages black prospects, then this fix — civil rights — applied to all of society’s institutions, would eventually end racial disparity.
Both race-liberals and race-conservatives base their theories on one disastrous assumption: black people naturally produce crime. For race-conservatives, black people are innately, genetically criminal, full stop. For race-liberals, the psychological, economic and social damage of prejudice makes black people “lash out” violently and criminally–either in the form of individual criminal acts or, as the black freedom movement begins in earnest, as protests and rioting. Under both schema, however, the reason society must achieve racial equality is because equality will eliminate black crime.
Wednesday, January 07, 2015
Criminology & Public Policy special issue on sentencing reform and mass incarceration
A helpful reader alerted me to this special November 2014 issue of the journal Criminology & Public Policy with an array of top criminologists and legal scholars talking about modern sentencing reform and mass incarceration in the united States. The entire issue looks like a must-read, and here is a list of the contents:
Reinventing Sentencing in the United States by Daniel S. Nagin
Remodeling American Sentencing: A Ten-Step Blueprint for Moving Past Mass Incarceration by Michael Tonry
Twentieth-Century Sentencing Reform Movement: Looking Backward, Moving Forward by Cassia Spohn
Creating the Will to Change: The Challenges of Decarceration in the United States by Anthony N. Doob & Cheryl Marie Webster
Ending Mass Incarceration: Some Observations and Responses to Professor Tonry by Gerard E. Lynch
Assessing the State of Mass Incarceration: Tipping Point or the New Normal? by Jeremy Travis
How Do We Reduce Incarceration Rates While Maintaining Public Safety? by Steven Raphael
Tuesday, January 06, 2015
Notable discussions of children as mass incarceration’s "collateral damage"
The latest issue of The Nation includes this effective piece about the generational impact of incarceration headlined "Mass Incarceration’s Collateral Damage: The Children Left Behind; When a parent is sent to prison, a child’s life is derailed, leaving schools to pick up the pieces." Here is an excerpt:
A growing body of research suggests that one of the most pernicious effects of high adult-incarceration rates can be seen in the struggles of children ... who often lose a crucial source of motivation and support with their parents behind bars....
A very small subset of children — those with abusive parents — were found to be more likely to thrive academically and socially if their parents are incarcerated. But most children declined markedly. In fact, the new research suggests that prisoners’ children may be the most enduring victims of our national incarceration craze. “Even for kids at high risk of problems, parental incarceration makes a bad situation worse,” concluded Christopher Wildeman and Sara Wakefield in their recently published book, Children of the Prison Boom: Mass Incarceration and the Future of American Inequality.
Wildeman and Wakefield found that children with incarcerated fathers were three times more likely than peers from similar backgrounds to become homeless. They also suffered significantly higher rates of behavioral and mental-health problems, most notably aggression.
Kristin Turney, a professor of sociology at the University of California, Irvine, reached similar conclusions in a report published this past September. Turney found that children with incarcerated parents were three times more likely to suffer from depression or behavioral problems than the average American child, and twice as likely to suffer from learning disabilities and anxiety....
Within the last few years, however, a broad range of agencies and policy-makers have begun to frame the nation’s prison boom as a children’s issue. Last summer, the Justice Department launched a wide-reaching campaign to provide support to the children of imprisoned parents — by rethinking visitation policies and changing the protocol for arresting parents in front of children, for example. In August, the American Bar Foundation and the National Science Foundation invited key researchers, advocates and federal officials to the White House for a conference to discuss reducing the “collateral costs” to children and communities when parents are incarcerated. The conference was part of a larger inter-agency initiative begun in 2012 to focus the attention of participating agencies, including the Department of Education, on the children of incarcerated parents. A few months later, in November, the Federal Bureau of Prisons hosted its first-ever Universal Children’s Day, an event attended by nearly 8,500 children visiting more than 4,000 federal inmates....
John Hagan, a professor of sociology and law at Northwestern University, led the White House conference with his research collaborator, Holly Foster, of Texas A&M University. Fifteen years ago, in an oft-cited paper, Hagan first suggested that the effects on children might be “the least understood and most consequential” result of mass incarceration. Now Hagan is seeing his hypothesis proved. More than that, as his adolescent subjects enter adulthood, the effects are compounded: “Almost no children of incarcerated mothers make it through college,” he noted. “These people are now in early adulthood, and they’re really struggling.”
I have long believed and asserted that politicians and policy advocates truly concerned about family values and children's interests should be deeply concerned about the over-use of incarceration as a punishment, especially for non-violent offenders. And I find fascinating and compelling the suggestion in this lengthy post at The Clemency Report titled "Children deserve legal standing when parents are sentenced." Here is how the potent post by Dennis Cauchon starts:
Are children entitled to legal standing when parents are sentenced in criminal cases? The current answer is “no.” The answer should be “yes.”
Today, the well-being of a defendant’s children is close to irrelevant in criminal courtrooms. Institutional indifference to children is official policy. This is the most profound legal error in the last 35 years, the mistake that made mass imprisonment possible.
Criminal courts produce millions of orphans every year using procedures that weigh only the interests of adults in the courtroom. This is a profoundly ignorant way for a bureaucracy to act. Removing a mother or father from a child’s life is a not mere “side effect”of the day’s procedure; it is an “effect,” often the most important thing that will happen that day.
Children deserve rights — legal rights, established in law — to end their mistreatment in criminal courts.
In domestic courts, the “best interest of the children” is the trump card standard that overrides almost all other adult needs in divorce and custody cases. In criminal courts, defendant’s children are treated as trash in the back row. This difference is legally shameful and morally indefensible.
January 6, 2015 in Collateral consequences, Prisons and prisoners, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Scope of Imprisonment | Permalink | Comments (5) | TrackBack
Saturday, January 03, 2015
"How did a law to regulate heroin traffic turn into the costly, futile War on Drugs?"
The title of this post is the subtitle of this lengthy Politico magazine feature carrying the headline "A Hundred Years’ Failure." These titles highlight the basic themes of an article that reviews lots of interesting parts of the modern drug war's back-story, giving special emphasis to opiates and heroin along the way. Here are a few excerpts from a piece that merits a read in full:
Twenty-five years ago, the stated goal of the United States’ anti-narcotic efforts according to the Department of Justice was to “disrupt, destroy and dismantle drug trafficking enterprises.” That same year, the U.S. government pumped almost $8 billion into anti-drug efforts, including $600 million in prison construction alone. It was just a typical fiscal year during the height of the drug war. But two and a half decades later, despite this dizzying spending, we don’t need a drug czar to tell us—even though one of them has—the war on drugs, by its own measures, has been a century-long failure.
A hundred years ago this month, the U.S. government started this fight to rid us of the scourge of opiates. Today, not only have we failed to control drug demand, an entirely new breed of opiate epidemic has flourished in the face of the most draconian drug laws in the world. Aided by aggressive Big Pharma marketing and enthusiastic “pain specialists,” opiate abuse has simply taken on a new shape, moving from urban enclaves and overrunning pockets of New England and the South, from rural Vermont to the suburbs of Dallas, that have little history of widespread drug abuse. Heroin today is cheaper and purer than it was 50 years ago. That’s to say nothing of the 700 percent increase in incarceration of American citizens in the past four decades, the distribution of nearly $450 million worth of military equipment that is used by local and state law enforcement agencies (that “militarization of the police” you’ve been reading so much about lately), and the creation of a wasteful, labyrinthine bureaucracy dedicated to what has proven a perhaps impossible goal: The eradication of drugs....At the beginning of the 20th century, everyone’s medicine cabinet contained opium in some form. Patent medicines mixed alcohol and opium, and women used them for menstrual cramps, coughs and other minor symptoms, as well as for infants’ teething pains. Aging Civil War veterans self-injected morphine to soothe old wounds, and physicians dosed patients liberally with opium pills and morphine. Opium smokers, usually Chinese, but also habitués of the urban underworld and the occasional slumming college student, were the most common recreational users....
During the Progressive Era, a culture war was raging over sexuality, alcohol and modern life—as seen in efforts to censure pornography and eliminate “red light” districts—and prohibition offered the best hope of legislating moral certainty. While alcohol prohibition had the largest domestic constituency, drug prohibition fit with foreign policy interests. Years of lobbying by religious groups in both the United States and Britain, who were appalled at opium smoking in China and places to which the Chinese emigrated, culminated in the 1912 Hague Convention, where a dozen countries agreed to regulate the international narcotics traffic and signatories promised to limit opiate use in their own countries....
After a century of aggressive policing, mandatory minimums and enforcement that disproportionately targeted the most marginalized of American citizens, the failure of the war on drugs is ultimately a cautionary tale about pursuing an agenda at any cost—financial or human. From the founding of a vast bureaucratic infrastructure to support the new war, to the hundreds of millions of dollars spent on military police equipment, to the $50 billion spent annually on incarceration, the story of fighting addiction in America has brought out its mirror image: An irrational dependence, despite all logic to the contrary, on a steady flow of government cash and brute enforcement.
We should have just said no.
Friday, January 02, 2015
"Policing Public Order Without the Criminal Law"
The title of this post is the title of this intriguing new paper now available via SSRN authored by Charlie Gerstein and J.J. Prescott. Here is the abstract:
Millions of Americans every year are charged with and detained for “public order” offenses. These minor offenses are unusual in that the actual sentence violators receive when convicted — usually time already served in detention — is beside the point. Rather, public order offenses are “enforced” prior to any conviction by subjecting accused individuals to arrest, detention, and other legal process. These “process costs” are significant; in fact, they distort plea bargaining to the point that the substantive law behind the bargained-for conviction is largely irrelevant.
Maintaining public order is an important civic function, yet these unmoored cases have serious long-term consequences for defendants, their families, and our criminal justice institutions. Many scholars have argued that vague terms and broad standards in defining public order crimes results in broad discretion that leads to abuse.
In this essay, we argue instead that criminal law process costs essentially decouple statutory discretion from actual police behavior, rendering the debate about statutory language by and large moot. Abuse is better addressed by first recognizing that, in the context of public order crimes, discretion has little to do with substantive criminal law and that, instead, focus is much better placed on mitigating the harmful consequences discretion can generate and on limiting police discretion through other means. To this end, we propose providing the police with new civil enforcement tools that will be equally effective at preserving order but that will in all likelihood cause significantly less unnecessary harm.
January 2, 2015 in Collateral consequences, Criminal Sentences Alternatives, Offense Characteristics, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing | Permalink | Comments (2) | TrackBack
Monday, December 29, 2014
Big talk from Charles Koch about big (money) criminal justice reform efforts
This lengthy article from the Wichita Eagle is garnering attention because of its report on who is now paying a lot of attention to criminal justice reform. The piece is headlined "Charles Koch’s views on criminal justice system just may surprise you," and here are excerpts:
Of all the contentious history between Koch Industries and the U.S. government, the Corpus Christi, Texas, case from 1995 is the one that Charles Koch remembers most vividly. A federal grand jury indicted his company on 97 felonies involving alleged environmental crimes at an oil refinery.
Prosecutors dropped all but one of the charges six years later, after the company spent tens of millions of dollars defending itself. Ultimately, Koch Petroleum Group agreed to pay a $10 million settlement.
“It was a really, really torturous experience,” said Mark Holden, Koch’s chief counsel. “We learned first-hand what happens when anyone gets into the criminal justice system.” Holden said Charles Koch wondered afterward “how the little guy who doesn’t have Koch’s resources deals with prosecutions like that.”
No one at Koch wants to re-litigate the Corpus Christi case, Holden said. But it prompted Charles Koch to study the justice system — both federal and state — wondering whether it has been over-criminalized with too many laws and too many prosecutions of nonviolent offenders, not only for him but for everybody. His conclusion: Yes, it has.
Ten years ago, he began giving money to support efforts by the National Association of Criminal Defense Lawyers to help train defense lawyers and reverse what some see as a national trend to get tough on crime, which has resulted in the tripling of the incarceration rate since the 1980s and has stripped the poor of their rights to a legal defense. He’s going to give more to that effort, he said.
“Over the next year, we are going to be pushing the issues key to this, which need a lot of work in this country,” Koch said. “And that would be freedom of speech, cronyism and how that relates to opportunities for the disadvantaged.” The nation’s criminal justice system needs reform, “especially for the disadvantaged,” Koch said, “making it fair and making (criminal) sentences more appropriate to the crime that has been committed.”...
The Corpus Christi case led Charles Koch and his company to give money, starting about 10 years ago, to the National Association of Criminal Defense Lawyers. The company and the association would not say how much Koch has given, but the amount totals in the seven figures, Holden said.
Campaigning against overcriminalization has prompted Koch to form unofficial alliances with people and organizations that usually champion liberal causes, including political activist George Soros and the American Civil Liberties Union, who are also campaigning for a reduction in prison populations....
Holden, Koch’s counsel ... said laws allow many crimes to be expunged from someone’s record. But that’s a tricky legal process, and many poor people don’t have the money to hire lawyers, he said. It makes no sense to give a life sentence like that to nonviolent offenders after they’ve served time, Holden said. “If you have a nonviolent felony and you get out of prison, we as a country can’t forgive and forget?” he asked.
Some prior related posts on Koch family efforts in support of criminal justice reform:
- Koch Industries give "major grant" to NACDL to help with indigent defense
- Highlighting that George Soros and the Koch Brothers agree on the need for criminal justice reform
- Another sign of the modern sentencing times: notable sponsor for "How the Criminal Justice System Impacts Well-Being"
- ACLU to devote $50 million to political efforts to attack mass incerceration
Monday, December 22, 2014
"A Simple Model of Optimal Deterrence and Incapacitation"
The title of this post is the title of this notable new paper on SSRN authored by Steven Shavell (who taught me about law and economics over a score ago when I was in law school). Here is the abstract:
The deterrence of crime and its reduction through incapacitation are studied in a simple multiperiod model of crime and law enforcement. Optimal imprisonment sanctions and the optimal probability of sanctions are determined.
A point of emphasis is that the incapacitation of individuals is often socially desirable even when they are potentially deterrable. The reason is that successful deterrence may require a relatively high probability of sanctions and thus a relatively high enforcement expense. In contrast, incapacitation may yield benefits no matter how low the probability of sanctions is — implying that incapacitation may be superior to deterrence.
Friday, December 19, 2014
"Regulating Sexual Harm: Strangers, Intimates, and Social Institutional Reform"
The title of this post is the title of this timely paper authored by Allegra McLeod now appearing on SSRN. Here is the abstract:
The criminal regulation of sexual harm in the United States is afflicted by deep pathology. Although sexual harm appears before the law in a variety of forms — from violent rape, to indecent exposure, to the sexual touching by an older child of a younger child — the prevailing U.S. criminal regulatory framework responds to this wide range of conduct with remarkable uniformity. All persons so convicted are labeled “sex offenders,” and most are subjected to registration, community notification, and residential restrictions, among other sanctions. These measures purport to prevent the perpetration of further criminal sexual harm by publicizing the identities and restricting the residential opportunities of persons presumed to be strangers to their victims.
But even as these measures render many subject to them homeless and unemployable, sexual abuse remains pervasive and significantly underreported in our schools, prisons, military, and between intimates in families. Thus, at once, the U.S. criminal regulatory regime constructs a peculiarly overbroad category of feared persons, compels a misguided approach to this population, and neglects the most prevalent forms of vulnerability to sexual predation and assault.
This essay argues that an alternative social institutional reform framework could address pervasive forms of sexual harm more meaningfully and with fewer problems than attend the prevailing criminal regulatory framework. This alternative framework would depart in large measure from purportedly preventive post-conviction criminal regulation, focusing instead on institutional, structural, and social dynamics that enable sexual violence and abuse.
"Six Reasons the Death Penalty is Becoming More Expensive"
The title of this post is the headline of this effective piece from The Marshall Project whihc served as something of a companion piece to its effective coverage (noted here) of how localities struggle with the economic realities of pursuing capital cases. Here are excerpts:
We know the basic reasons why death penalty cases are expensive: more lawyers, more experts, more time. Prosecutors and defense attorneys often spend more than a year preparing for death penalty trials. Every successful conviction is appealed to several state and federal courts, meaning the government pays for both prosecutors and defenders to pick over the trial transcript and for judges and clerks to spend hours reading appeals. While this is going on, it costs more to house prisoners on death row than in the general population....
But the death penalty is also growing more expensive with each passing year. A 2010 report prepared for the Judicial Conference of the United States found that between 1989 and 1997 the median cost of a federal death penalty case that went to trial was $269,139; between 1998 and 2004 it had grown to $620,932.
Nobody has methodically studied how costs have been growing in state death penalty cases, but in interviews with more than 30 prosecutors, defense attorneys and other experts the consensus was that costs are going up fast. Here are the main reasons they cited:
1. Attorney Pay...
A few recent and older related posts:
- Detailed examination of how local costs may slowly kill the death penalty
- Nevada completes detailed accounting of costs of death penalty cases
- Detailing the dysfunction of Pennsylvania's death penalty system
- "Could Abolishing the Death Penalty Help States Save Money?"
- Georgia struggles to pay for a costly capital syste
- Great new (though still dated) examination of the death penalty and plea bargaining
- "Opponents Focus On Cost In Death Penalty Debate"
- NY Times editorial assails "High Cost of Death Row"
- New DPIC report assails costs (and opportunity costs) of death penalty administration
- Is it true that nobody's view on the death penalty can be influenced by its costs?
Tuesday, December 16, 2014
Notable NPR coverage of the "Human Casualties Of Mandatory Sentencing"
I am pleased and intrigued to see that National Public Radio seems to be starting a deep dive into some of the personal stories surrounding the debate over federal mandatory minimum. This introduction, headlined "From Judges To Inmates, Finding The Human Casualties Of Mandatory Sentencing," sets up the discussion this way:
This year, everyone from Attorney General Eric Holder to Tea Party Republicans in Congress has argued those stiff mandatory minimum prison sentences do more harm than good for thousands of drug offenders. Legislation to cut the tough-on-crime penalties has stalled on Capitol Hill, but it's likely to be reintroduced in 2015. Meanwhile, the White House and the Justice Department have taken the unprecedented step of asking for candidates who might win early release from prison through presidential pardons or commutations in the final years of the Obama presidency. That effort, known as Clemency Project 2014, is moving slowly.
Amid the backdrop of debate inside Washington and across the country, NPR decided to focus on the human toll of these mandatory prison sentences. We talked with judges who expressed tearful misgivings about sending people away for the rest of their lives for crimes that involved no violence and a modest amount of drugs. We found a newly-released inmate trying to reacquaint herself with her community in the Florida panhandle and rebuild ties with her grieving children after 17 years away from home. And we went inside a medium-security prison in New Jersey to find a lifer who says he deserves another chance. These people acknowledge they broke the law and accept the need for punishment. But they say their decades-long incarcerations cast a shadow that lingers over their families, damage that far outweighs the wrongs they did to put them in prison.
The series' first lengthy piece here is titled "Judge Regrets Harsh Human Toll Of Mandatory Minimum Sentences," has lots of good content and quotes from Judge John Gleeson and Professors Rachel Barkow and Bill Otis.
December 16, 2014 in Drug Offense Sentencing, Mandatory minimum sentencing statutes, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Who Sentences? | Permalink | Comments (3) | TrackBack
Monday, December 15, 2014
NJ Supreme Court clarifies legitimacy and importance of considering post-offense conduct at sentencing
This local article, headlined "Court: ‘Post-offense conduct’ must be gauged at sentencing," provides an effective summary of a notable New Jersey Supreme Court ruling today. Here is the start of the article:
A man who pleaded guilty to a drug offense was entitled to have the positive changes he made in his life between the time of his plea and sentencing considered by the judge determining punishment, the state Supreme Court ruled Monday.
The state’s highest court ruled that sentencing judges must consider relevant, post-offense conduct when they weigh aggravating and mitigating factors during their sentencing analysis. In the Morris County case involving Joseph M. Jaffe, now 42, and last of Brick, the sentencing judge told his lawyer in 2012 that New Jersey law precluded him from considering Jaffe’s conduct in the year-long span between his guilty plea in August 2011 and sentencing in August 2012.
“In conclusion, the trial court should view a defendant as he or she stands before the court on the day of sentencing,” the Supreme Court said in its opinion, released Monday. “This means evidence of post-offense conduct, rehabilitation or otherwise, must be considered in assessing the applicability of, and weight to be given to aggravating and mitigating factors,” the court said.
The full unanimous opinion in New Jersey v. Jaffe, No. A-12-13 (N.J. Dec. 15, 2014), is available at this link. Here is how the opinion gets started:
Defendant Joseph M. Jaffe received a three-year state prison sentence almost a year after pleading guilty to an accusation charging him with third-degree conspiracy to possess cocaine with the intent to distribute. At sentencing, defense-counsel asked the court to consider defendant’s rehabilitative efforts since he was arrested and charged. The trial court declined to weigh such evidence in assessing mitigating factors, concluding that applicable law did not allow him to consider “post[-]offense conduct.” In light of our recent holding in State v. Randolph, 210 N.J. 330 (2012), that a defendant should be assessed as he stands before the court on the day of sentencing, we conclude that the sentencing court must consider a defendant’s relevant post-offense conduct in weighing aggravating and mitigating factors.
A judge’s sentencing analysis is a fact-sensitive inquiry, which must be based on consideration of all the competent and credible evidence raised by the parties at sentencing. Because we decide here that the trial court must consider at sentencing evidence of a defendant’s post-offense conduct, we are compelled to remand for resentencing to ensure consideration of all of the facts relevant to the applicable aggravating and mitigating factors.
Sunday, December 14, 2014
Detailing the dysfunction of Pennsylvania's death penalty system
This lengthy local article, headlined "Capital punishment in Pennsylvania: When death means life: Commonwealth's death penalty system called expensive and dysfunctional," provide a review of how the Keystone State has a capital punishment system that seems to function as if it were operated by the Keystone Cops. Here are excerpts from the article, which is the first is an extended series:
Pennsylvania's death penalty has cost taxpayers more than $350 million for a dysfunctional system that has sentenced hundreds but hasn't executed anyone in 15 years, a Reading Eagle analysis has found. The newspaper analysis comes three years after state lawmakers called for an intensive report on Pennsylvania's death penalty, and as a Montgomery County lawmaker maps out a proposal to abolish the system.
The long-overdue report is at least several months away from being issued. There still has been no reckoning of the system's massive financial or psychological cost — including the immeasurable agony of justice-seeking family members and the pain of families waiting for condemned relatives to be executed. "My sister didn't have a choice about when her life ended. Why should he?" said Diane Moyer of Robesonia, referring to convicted killer Glenn Lyons of Reading.
Lyons is one of 185 condemned inmates, making Pennsylvania's death row the fifth largest in the nation. He's also one of 12 death row inmates prosecuted for murders committed in Berks County, which along with York County has the second-highest number of death row inmates in the state behind Philadelphia's 69. It was 1937 when Pennsylvania last executed someone for a murder that took place in Berks.
Observers of the state's system both locally and nationally agreed it is deeply flawed. It is likely to get even more scrutiny as prosecutors move ahead with a death penalty case against Eric Frein, accused of ambushing and murdering a state trooper this year....
The newspaper's cost estimate is likely a conservative number. That's because the estimate, which relies on a 2008 Maryland study by the Urban Institute, was calculated using the Pennsylvania inmates now on death row. The estimate does not account for unsuccessful death penalty cases tried by prosecutors, nor does it include death row inmates whose sentences were overturned on appeal.
The 2008 study — which produced findings similar to other state studies — found that Maryland spent an average of $1.9 million more on cases that led to death sentences than on cases where the death penalty could have been sought but was not. At least two experts, including the researcher of the Maryland report, said the study was a fair comparison for estimating the cost to Pennsylvania taxpayers. Applying the Maryland per-case figure to Pennsylvania's current 185 death row inmates yields a Pennsylvania cost of $351.5 million....
The state has executed three men, all of whom gave up their appeals, since the U.S. Supreme Court reinstated the death penalty in 1976. But with so few executions among the 429 death warrants Pennsylvania governors have signed since 1985, experts say it's critical lawmakers know the cost to justify budget expenses with a projected $1.85 billion state shortfall in the upcoming fiscal year. So far, the death penalty hasn't been part of the budget debate.
For the loved ones of the victims, like Moyer, the financial cost of the death penalty is outweighed by the emotional toll of likely never having the killer's execution carried out. Lyons used two kitchen knives to stab Leibig, 45, of Millcreek Township, Lebanon County, again and again, investigators said. The brutal attack lasted up to 15 minutes. Lyons, now 49, was convicted and sentenced to death by a Berks jury, but claims he didn't kill Leibig.
The state Supreme Court denied his appeal in 2013, and his execution was set for August, but a federal judge granted him a stay in July, and his appeal process continues. Leibig's family is frustrated and disappointed, knowing the state may never follow through with his execution. "He'll keep fighting and playing the system," Moyer said. "He had a fair trial, and he was guilty. Put him to death. Give him the injection."...
A death penalty that doesn't actually execute people frustrates those on both sides of the debate. Death penalty proponents blame an endless and costly appeals process. Opponents criticize a system with too little funding for poor defendants....
At least one Berks judge who once supported the death penalty has had a change of heart. The judge, who asked not to be identified, had thought execution was a just punishment for the state's worst offenders and a deterrent to others. But after seeing how cases continuously circle the courts, the judge now thinks the death penalty is a waste of time and money and is unnecessarily difficult on the victim's loved ones holding out hope for an execution.
"It's horrible for the families," the judge said. Death penalty rulings aren't foolproof and should be scrutinized, but there should also be a limit on appeals, the judge said. "Now there is hearing after hearing. It never ends," the judge said....
"There is a problem with a law that is never carried out," he said. State Rep. Thomas R. Caltagirone, a Reading Democrat, said he's heard from victims' families how hard it is to sit and wait for the death penalty to be carried out. "They say: 'We lost a loved one. Why is he still living? Where is the justice?'" Caltagirone said. "And victim's rights groups are livid about the endless appeals." But Caltagirone also said he wonders whether it's appropriate for the state to execute someone. "I'm kind of torn on it," he said.
More than a dozen states have analyzed death penalty costs. Some states found the costs nearly 50 percent to 70 percent higher than non-death penalty cases. While the costs vary across the U.S., all found capital trials more expensive. The reason? Mostly because the process is more complicated at every point in the case. A death penalty case involves more attorneys, witnesses and experts. Jury selection is long, as are the trials. Also the cases usually have more pre-trial motions and require a separate trial for sentencing.
Incarcerating death row inmates in solitary confinement is also expensive — about $10,000 more a year than inmates serving a life sentence, according to the Pennsylvania Department of Corrections. And, the majority of death penalty trials on appeal are found to be flawed, some significantly, and must be redone, adding to the price tag.
The state has been studying a laundry list of issues since 2011 when lawmakers directed the Joint State Government Commission to research capital punishment. Berks officials did not know what the costs of trying capital cases are to taxpayers. "Definitely, the death penalty extremely strains our resources," Adams said. "There's no way that we can put a financial number to that."...
"You can't choose to do it and not pay for," said Marc Bookman, a former public defender and director of the Atlantic Center for Capital Representation in Philadelphia, a nonprofit resource center. "It's really expensive to do it properly and it's even more expensive to do it incorrectly," he said.
Last year, Maryland became the 18th state to abolish capital punishment. Maryland Gov. Martin O'Malley cited the cost — roughly three times as much as life without parole — as one of the factors for repealing the death penalty. John Ramon, author of "The Cost of the Death Penalty in Maryland," said the costs to Pennsylvania taxpayers are likely comparable, assuming trial and incarceration expenses are similar. "It's not as big as an assumption as it sounds," Ramon said....
Knowing the cost, Ramon and others said, changes the conversation on a very polarizing issue. "I think it changes the nature of the debate because what it's saying is let's not just ask if the death penalty is better than not having the death penalty," Ramon said. "It's saying, given the death penalty is far more expensive, is it still worth having?"
December 14, 2014 in Death Penalty Reforms, Procedure and Proof at Sentencing, Purposes of Punishment and Sentencing, Victims' Rights At Sentencing, Who Sentences? | Permalink | Comments (6) | TrackBack
Thursday, December 11, 2014
Repeat drunk-driver tells fishy story to explain erratic driving
This local story from Wisconsin tells a funny story about what (as regular readers know) I do not think is a very funny crime often committed again and again and again by certain violent career criminals. The story is headlined "Man charged with 10th OWI; tells officer he'd eaten beer battered fish," and here are the details:
An Adams County man will be charged with his 10th OWI. 75-year-old John Przybyla was pulled over October 12. He was driving north on State Highway 13 in the Township of Dell Prairie. Officers pulled him over because he crossed the center line and had a broken tail light.
The officer asked Przybyla if he had been drinking. He said that he hadn't, and that he'd only eaten beer battered fish.
The officer conducted field sobriety tests and Przybyla's preliminary breath alcohol test was .062. He can't have a PBT over .02 because of earlier convictions.
He faces an additional charge of driving with a revoked license after a 3rd OWI and three other traffic citations. Przybyla was first convicted for an OWI in 1995.
The repeat offender's amusing excuse for his crime is, of course, what drew me to this story. But I also think it is significant and telling that a person can be a violent menace to innocent people on the roads over and over again and yet as a society we still general fail to impose serious sanctions likely to incapacitate this kind of violent career criminal. But if someone is caught selling even a relatively small quantity of illegal drugs even a few times, our laws will frequently threaten or mandate very lengthy prison terms.