It remains the paradigmatic moment in the modern history of tough-on-crime politics. In the summer of 1988, Michael Dukakis, the Democratic Governor of Massachusetts, seemed to be cruising toward a presidential election victory in November. Then, Republican operatives began to pummel him for a horrific failure in Massachusetts’s prison furlough program. This program offered short leaves for inmates to spend time at home, which was thought to help prepare them for their permanent release. The program had a good track record until an inmate named Willie Horton absconded during one of his releases and brutally assaulted a young couple. As the Horton story became more widely known nationally, Dukakis’s lead in the polls evaporated. His eventual loss seemed to confirm that politicians could no longer afford even a tangential association with policies or programs that were perceived to be soft on crime.
The Horton story reverberated for years across the whole field of criminal justice, but perhaps its most direct impact was a sharp constriction in prison furlough programs, which had previously been widely accepted and utilized by American corrections officials.
As furlough programs faded away, so, too, did research on their effectiveness. Although several older studies suggested that furloughs might help to reduce post-release recidivism, there has been a growing need for updated research.
A new paper by L. Maaike Helmus & Marguerite Ternes helps to fill the gap. Continue reading “New Research Suggests Potential of Prison Furloughs, But Shadow of Willie Horton Still Looms”
Juvenile courts were invented at the end of the nineteenth century and spread rapidly across the U.S. Proponents argued that juvenile offenders were more readily rehabilitated than adults, and should be handled through a different court system that focused on treatment and spared offenders the permanent stigma of a criminal conviction. By the 1990s, though, attitudes toward juvenile offenders had grown more pessimistic and punitive. Although juvenile courts were not eliminated, most states adopted reforms that either reduced the maximum age for juvenile court jurisdiction or facilitated the transfer of some juveniles to adult court.
More recently, the pendulum of public opinion has begun to swing back in favor of juvenile courts. Connecticut, Illinois, Louisiana, Massachusetts, Mississippi, New Hampshire, and South Carolina have all expanded the jurisdiction of their juvenile courts. There has also been a push in Wisconsin to raise the age of majority and keep some seventeen-year olds in juvenile court. A few states are even considering raising the age of majority to twenty-one.
Two intriguing new articles explore some of the social consequences of channeling more young offenders into juvenile court. Continue reading “Juvenile Court or Adult? New Research on the Consequences of the Decision”
My new book, The Failure of Sentencing Reform, is now out. (Publisher webpage here; Amazon here.) The book is a sort of coming full circle for me. Back in 2002, near the start of my career as a law professor, I wrote a short essay entitled “The New Politics of Sentencing,” in which I heralded bipartisan sentencing reforms that had recently been adopted in a handful of states. The reforms focused particularly on reversing excessive drug imprisonment and resulted in large part from the fiscal pressures created by mass incarceration. “Faced with crushing budget deficits,” I predicted, “states will no doubt continue to look to corrections as a source of cost-savings.”
Fifteen years later, my prediction has been confirmed: nearly all of the states have now adopted reforms that roll back mandatory minimums, permit earlier release from prison, or promote alternatives to incarceration. Yet, the national prison population stands today essentially where it was in 2002. This is the failure I explore in the book. In particular, I highlight two fundamental flaws with reform efforts to date: (1) an excessive emphasis on moving non-violent drug offenders out of prison, even though this population had not been a major driver of mass incarceration; and (2) an excessive reliance on prosecutorial, judicial, and correctional discretion, with little attention to the fiscal and political considerations that push officials to err on the side of incarceration.
I now have a publication date for my new book: January 17. The excessively long, but nicely descriptive, title is Wisconsin Sentencing in the Tough-on-Crime Era: How Judges Retained Power and Why Mass Incarceration Happened Anyway. More information (including how to order a copy) is available through the University of Wisconsin Press. I’ll be doing a release event at Boswell Books in Milwaukee on January 17 at 7:00 p.m.
Somewhat lost in the run-up to Labor Day weekend and wall-to-wall media coverage of the Clinton and Trump campaigns, President Barack Obama commuted the sentences of 111 federal prisoners on August 30. This builds on what has quietly become one of Obama’s most significant end-of-term domestic policy initiatives. He has now commuted 673 sentences, more than the previous ten presidents combined.
Commutation (that is, a reduction in the severity of a criminal sentence) is a form of executive clemency. The Constitution expressly grants clemency powers, and presidents since George Washington have used these powers in a variety of different ways. In recent decades, though, there has been a certain whiff of disrepute surrounding clemency. Bill Clinton’s pardon of financier Marc Rich and George W. Bush’s commutation of the sentence of I. Lewis “Scooter” Libby, among other scandals, contributed to a perception that clemency was unfairly used to benefit wealthy, powerful defendants.
Despite these negative perceptions of clemency, the Obama Administration announced in 2014 that it would welcome commutation applications from certain nonviolent federal offenders. In particular, the initiative focuses on offenders who were convicted many years ago of crimes that would result in a shorter sentence today. Federal sentencing law has undergone several important changes in the past decade, especially in relation to the sentencing of crack cocaine offenses. Federal crack sentences were notoriously severe for many years, with greatly disproportionate effects on black defendants. As a result of the recent changes, thousands of federal prisoners are now serving terms that would be shorter if they were imposed for the same offenses today.
In comparison to the secretive, ad hoc decisionmaking of previous presidents, President Obama’s initiative represents an admirably transparent, principled approach to clemency. Continue reading “Obama Clemency Grants Pick Up Steam”
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.
Continue reading “Strong Support for Marijuana Legalization in Law School Poll, But Results for Other Drugs Harder to Interpret”
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.
For the past four years, Darren Wheelock and I have collaborated with Charles Franklin and the Marquette Law School Poll on a series of surveys of public attitudes toward sentencing and corrections policy in Wisconsin. Our 2015 results, released last week, seem to show remarkably high levels of support for prisoner rehabilitation. Of those who were asked, more than 80% expressed support for each of the following:
- Expanding counseling programs for prisoners
- Expanding job training programs for prisoners
- Expanding educational programs for prisoners
- Helping released offenders find jobs
At the same time, there are also indications of substantial, if somewhat lower, levels of support for various punitive policies:
Continue reading “Marquette Poll Reveals Support for Rehabilitation of Prisoners”
I was surprised to learn recently from an Irish law professor that Ireland gave its prisoners the right to vote in 2006. Felon disenfranchisement is such a pervasive fact of life in the United States that many Americans might assume, as I did, that this is the accepted practice everywhere. This turns out not to be the case. Ireland is hardly alone, even among the common-law countries, in giving prisoners the right to vote, although the case of Ireland may be unusual in that its legislature acted in the absence of a court directive. Canada and South Africa, by contrast, required court rulings before their prisoners were enfranchised. The Irish story is nicely recounted in an article by Cormac Behan and Ian O’Donnell: “Prisoners, Politics and the Polls: Enfranchisement and the Burden of Responsibility,” 48 Brit. J. Criminology 319 (2008).
Before proceeding with the Irish story, a little on the American situation: Continue reading “Prisoner Enfranchisement in Ireland”
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.”
Continue reading “Two-Thirds of Wisconsinites Support More Flexibility for Prisoner Releases”