Archive for the ‘Empirical Research’ Category

Strong Support for Marijuana Legalization in Law School Poll, But Results for Other Drugs Harder to Interpret

Saturday, July 16th, 2016

In the Marquette Law School Poll conducted earlier this month, fifty-nine percent of registered Wisconsin voters agreed that marijuana “should be fully legalized and regulated like alcohol.” Only thirty-nine percent disagreed.

Support for legalization in Wisconsin follows the recent decisions to legalize marijuana in Colorado and Washington in 2012, and in Oregon and Alaska in 2014. Nationally, support for legalization has grown steadily since the early 1990s and finally crossed the fifty-percent threshold in 2013.

In the Law School Poll, respondents were asked which arguments for legalization they found most convincing.

(more…)

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Public Attitudes Toward Truth in Sentencing

Saturday, January 30th, 2016

The final version of my article “Imprisonment Inertia and Public Attitudes Toward ‘Truth in Sentencing'” is now available at the BYU Law Review website.  Coauthored with Darren Wheelock, this article is based on research conducted through the Marquette Law School Poll.  Here is the abstract:

In the space of a few short years in the 1990s, forty-two states adopted truth in sentencing (“TIS”) laws, which eliminated or greatly curtailed opportunities for criminal defendants to obtain parole release from prison. In the following decade, the pendulum seemingly swung in the opposite direction, with thirty-six states adopting new early release opportunities for prisoners. However, few of these initiatives had much impact, and prison populations continued to rise. The TIS ideal remained strong. In the hope of developing a better understanding of these trends and of the prospects for more robust early release reforms in the future, the authors conducted public opinion surveys of hundreds of Wisconsin voters in 2012 and 2013 and report the results here. Notable findings include the following: (1) public support for TIS is strong and stable; (2) support for TIS results less from fear of crime than from a dislike of the parole decisionmaking process (which helps to explain why support for TIS has remained strong even as crime rates have fallen sharply); (3) support for TIS is not absolute and inflexible, but is balanced against such competing objectives as cost-reduction and offender rehabilitation, (4) a majority of the public would favor release as early as the halfway point in a prison sentence if public safety would not be threatened, and (5) a majority would prefer to have release decisions made by a commission of experts instead of a judge.

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Decline in Wisconsin Prison Population Results From Fewer Drug Offenders Behind Bars

Sunday, March 15th, 2015

As I discussed in this post, Wisconsin has achieved one of the nation’s higher rates of reduction in imprisonment over the past decade.  To be sure, New York, California, and a few other states have far outpaced Wisconsin in this regard, and Wisconsin’s prison population remains nearly ten times larger than it was in the early 1970s.  Still, we may appreciate some overall net progress in the Badger State’s numbers since the mid-2000s.  As indicated in the following chart, reduced imprisonment of drug offenders has played a central role in driving this trend:

drug prison graph

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Mercenary Justice?

Friday, March 6th, 2015

Earlier this week, the United States Department of Justice released a scathing report on police and court practices in Ferguson, Missouri.  Figuring prominently in the DOJ’s criticisms, Ferguson criminal-justice officials were said to be overly concerned with extracting money from defendants.  For instance, the DOJ charges:

Ferguson has allowed its focus on revenue generation to fundamentally compromise the role of Ferguson’s municipal court. The municipal court does not act as a neutral arbiter of the law or a check on unlawful police conduct. Instead, the court primarily uses its judicial authority as the means to compel the payment of fines and fees that advance the City’s financial interests. This has led to court practices that violate the Fourteenth Amendment’s due process and equal protection requirements. The court’s practices also impose unnecessary harm, overwhelmingly on African-American individuals, and run counter to public safety. (3)

I don’t know how fair these particular criticisms are, but they echo numerous other criticisms made in recent years about the increasing tendency of the American criminal-justice system to rely financially on a burgeoning array of fines, surcharges, fees, forfeitures, and the like.

Professors Wayne Logan and Ron Wright have a fine recent article on this subject, appropriately entitled “Mercenary Criminal Justice” (2014 Ill. L. Rev. 1175).   (more…)

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Milwaukee Arrests Rarely Involve Force, But Incidents Are Concentrated in Some Districts

Thursday, February 12th, 2015

Last week, the Milwaukee Fire and Police Commission released its annual report on police uses of force for 2013.  The report counts 895 incidents in 2013, employing a very broad definition of “use of force” that does not require either an injury or the use of a weapon.  To put that number into perspective, the Milwaukee Police Department made more than 30,000 arrests in 2013.  For each arrest in which force was used, there were about thirty-six arrests in which force was not used.

In nearly three-quarters of the use-of-force-incidents, no weapon was used by the police officer.  In the remaining incidents, the most commonly used weapons were Tasers and pepper spray.  Firearms were used on forty occasions, most commonly on dogs.  Firearms were used against human subjects in fourteen incidents; eleven of the subjects were hit.

Data from previous years indicate that Taser and pepper spray use is in sharp decline.   (more…)

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Milwaukee Residents Give Solid Marks to Police

Wednesday, January 28th, 2015

Last week, the Milwaukee Fire and Police Commission (of which I am a member) released the results of its first-ever survey of citizen attitudes toward the police.  Although the survey identified a few areas of concern, the overall tenor of citizen attitudes seems positive.

Conducted for the FPC by UWM’s Center for Urban Initiatives & Research last summer, the survey involved telephone interviews of 1,452 Milwaukee residents.  As detailed in the CUIR’s report, the survey respondents were reflective of the city’s diversity in racial composition and in other respects.

The report’s lead finding is that about three-quarters of Milwaukee residents report that they are at least somewhat satisfied with the Milwaukee Police Department, while only about nine percent said they were “not at all satisfied.”  These findings are notable for a number of reasons, not the least of which is that fully one-quarter of the respondents reported being stopped by the police in the past year.  One might suppose that this group would be predisposed to negative evaluations of the police.  However, the vast majority (71%) of those stopped felt that they were treated fairly.  The MPD has significantly increased its number of stops in recent years, but it does not appear that involuntary contact with the police normally leads to hard feelings by the person stopped.

Given recent racial tensions in Milwaukee and nationally regarding policing practices, it is especially important to note the racial patterns in survey responses.   (more…)

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New Research on Violence

Wednesday, October 8th, 2014

The new issue of Criminology features several interesting papers relating to violence and its control.  This has been a hot topic here in Milwaukee over the past few months.  Perhaps some of the emerging policy proposals would benefit from the new research:

First, an unusual controlled experiment in St. Louis provides support for “hot spots” policing, especially when officers proactively engage with citizens in the high-crime neighborhoods.  Researchers working with the St. Louis Metropolitan Police Department randomly assigned hot spots for firearm violence to one of three conditions: (1) a control group; (2) an enhanced visibility group in which officers were directed to patrol slowly through the targeted areas, but to refrain from self-initiated activity unless a crime was in progress; and (3) an enhanced activity group in which officers were directed both to increase patrols and to increase self-initiated activities, which might include arrests, pedestrian stops, vehicle checks, and so forth.

(more…)

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Two-Thirds of Wisconsinites Support More Flexibility for Prisoner Releases

Wednesday, July 23rd, 2014

In 1998, Wisconsin adopted what may have been the nation’s most rigid truth-in-sentencing law, eliminating parole across the board and declining to put into place any alternative system of back-end release flexibility, such as credits for good behavior in prison.  Subsequent reforms to this system have been either short-lived or very modest in scope.  However, new results from the Marquette Law School Poll confirm and strengthen findings from other recent surveys that Wisconsin residents would actually welcome a more flexible system.

As I noted in an earlier post, the Law School Poll has asked Wisconsinites their views about criminal-justice policies in each of the past three summers.  Although the Poll has revealed significant support for truth in sentencing, it has also revealed comparable or even greater support for enhanced flexibility.

In 2012, Poll results included the following:  

  • 85% of respondents agreed that “criminals who have genuinely turned their lives around deserve a second chance.”
  • 67% agreed that “Wisconsin should recognize prisoners’ rehabilitative accomplishments by awarding credits toward early release.”
  • 55% agreed that “once a prisoner has served at least half of his term, he should be released from prison and given a less costly form of punishment if he can demonstrate that he is no longer a threat to society.”

(more…)

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Wisconsinites Give Criminal Justice System Poor Marks, Especially for Offender Rehabilitation

Wednesday, July 23rd, 2014

We expect a lot from our criminal-justice system, and we don’t seem very impressed with the results we are getting.  These are two of the notable lessons that emerge from the most recent Marquette Law School Poll of Wisconsin residents, the results of which were released earlier today.

In one part of the survey, respondents were asked to assess the importance of five competing priorities for the criminal-justice system.  As to each of the five, a majority indicated that the priority was either “very important” or “absolutely essential.”  The five priorities were:

  • Making Wisconsin a safer place to live (91.6% said either very important or absolutely essential)
  • Ensuring that people who commit crimes receive the punishment they deserve (88.1%)
  • Keeping crime victims informed about their cases and helping them to understand how the system works (81.0%)
  • Rehabilitating offenders and helping them to become contributing members of society (74.1%)
  • Reducing the amount of money we spend on imprisoning criminals (51.2%)

The especially high level of support for “making Wisconsin a safer place to live” was notable in light of the much smaller number of respondents (21.4%) who said that they or an immediate family member had ever been the victim of a serious crime.  This is line with results from last July’s Poll, which indicated that more than 85% of Wisconsinites feel safe walking alone in their neighborhoods at night.  Still, making the state safer remains a high priority for more than 90% of Wisconsin residents.

Respondents were separately asked how well the system was performing along five separate dimensions.   (more…)

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“Mass Incarceration in Three Midwestern States”–Final Version

Sunday, May 4th, 2014

The Valparaiso University Law Review has now posted the final version of my article “Mass Incarceration in Three Midwestern States: Origins and Trends.”  Here’s the abstract:

This Article considers how the mass incarceration story has played out over the past forty years in three medium-sized, Midwestern states, Indiana, Minnesota, and Wisconsin. The three stories are similar in many respects, but notable differences are also apparent. For instance, Minnesota’s imprisonment rate is less than half that of the other two states, while Indiana imprisons more than twice as many drug offenders as either of its peers. The Article seeks to unpack these and other imprisonment trends and to relate them to crime and arrest data over time, focusing particularly on the relative importance of violent crime and drug enforcement as drivers of imprisonment growth.

This paper was part of an interesting symposium issue on mass incarceration and the drug war.

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