My New Book Out Soon: “Wisconsin Sentencing in the Tough-on-Crime Era”

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.

“Mass Incarceration in Three Midwestern States”–Final Version

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.

Violence in the Heartland, Part V: Wisconsin’s Cities

Since 1985, Wisconsin’s seven largest cities have followed markedly different paths in their rates of reported violent crime.  Two, Waukesha and Appleton, have consistently had lower rates than the state as a whole, while two others, Milwaukee and Racine, have typically had rates that are two to three times higher than the state as a whole.  Kenosha and Racine have significantly reduced their rates of violence since the 1980s, while the other five cities have experienced sizable net increases.

Here are the overall trends, in the form of reported violent crimes per 100,000 city residents:

Cities year by year

In recent years, as you can see, Waukesha has easily had the lowest rates and Milwaukee the highest.  Earlier, Appleton used to compete with some success for lowest and Racine for highest.

Here are the net changes in the cities’ crime rates from 1985-1987 to 2010-2012:   Continue reading “Violence in the Heartland, Part V: Wisconsin’s Cities”

Violence in the Heartland, Part IV: The Biggest Losers (and Gainers)

Among the eleven biggest Midwestern cities, Chicago has experienced the largest drop in homicide rates over the past quarter-century, while Cincinnati has experienced the largest increase.  The other nine cities are scattered between the biggest loser and the biggest gainer, reflecting a range of markedly different urban experiences with lethal violence since the mid-1980s.

This rather messy graph indicates the annual number of homicides (murder and other nonnegligent manslaughter) per 100,000 residents for each of the eleven Midwestern jurisdictions with a population of more than 250,000:

homicides by 11 cities

Other than Detroit’s position as the region’s perennial homicide champ, it is hard to discern any patterns in the mass of lines.

The following table provides a clearer picture of each city’s trajectory.   Continue reading “Violence in the Heartland, Part IV: The Biggest Losers (and Gainers)”

Violence in the Heartland, Part III: City Trends

In earlier posts (here and here), I have explored state-level violence trends since 1960 in the seven midwestern states of Iowa, Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.  This post focuses on the data from the largest city of each of these states.  Since Chicago does not report its rape numbers in conformity with FBI standards, it is omitted from the analysis.

Here are the city trends since 1985 (reported violent crimes per 100,000 residents):

city data

What stands out most is the very wide, persistent gap between Detroit at the top of the chart and Des Moines at the bottom.   Continue reading “Violence in the Heartland, Part III: City Trends”

Violence in the Heartland, 1960-2012–Part Two: Crime Wave or Aggravated Assault Wave?

In the first post in this series, I described overall violent crime trends in the seven Midwestern states since 1960. In all of the states except for Wisconsin, the basic story was identical: a dramatic spike in violent crime between the mid-1960s and the mid-1990s was followed by a subsequent drop in violence that was nearly as sharp as the increases had been. Wisconsin had the spike, but not the sustained drop of the other states.

In this post, I disaggregate the four categories of crime that go into the overall violence number. Doing so changes the story a bit, as we can see that aggravated assault was by far the biggest driver of the violence spike, and since then has remained stubbornly high. From the standpoint of homicide and robbery, the contemporary Midwest looks only a little more dangerous than the Midwest of 1960; it is only when we add to the picture aggravated assault (and, to a lesser extent, rape) that the data look much worse. There are interesting and uncertain questions about the extent to which these a/a numbers reflect genuine changes in criminal behavior, as to opposed to changes in crime-reporting.

Before considering those questions, let’s look at the numbers.  First, consider the seven-state trends for homicide rate (that is, homicides per 100,000 residents):   Continue reading “Violence in the Heartland, 1960-2012–Part Two: Crime Wave or Aggravated Assault Wave?”

“The Past Is a Foreign Country” — Or Is It?

I’ve recently finished reading Dean Strang’s fascinating new book, “Worse Than the Devil: Anarchists, Clarence Darrow, and Justice in a Time of Terror.”  The book recounts the story of a once-famous (or infamous) criminal case that was tried in Milwaukee nearly a century ago.  The case arose from a short, armed skirmish between police and residents of Milwaukee’s largely Italian, working-class Bay View neighborhood in September 1917. In the wake of that violence, police indiscriminately arrested dozens of Italian immigrants, ultimately resulting in the trial of eleven suspected anarchists in November 1917 on charges of assault with intent to murder.

America’s recent entry into the First World War had already created a public atmosphere that was hardly favorable to immigrants and political dissidents, but a terrible local tragedy may have wiped out any remaining hope that the defendants would receive a fair trial.  Just days before the jury was selected, a bomb exploded in a Milwaukee police station, killing ten — America’s single greatest loss of officers in the line of duty before 9/11. Although the Bay View defendants were not formally charged with this crime — indeed, the case was never solved and no one was ever formally charged — the bombing was widely believed to be the work of the defendants’ supporters.

Little wonder that all of the defendants were convicted on a dubious conspiracy theory in a trial that reeked of pro-prosecution bias from start to finish.   Continue reading ““The Past Is a Foreign Country” — Or Is It?”

Violence in the Heartland, 1960-2012–Part One

Despite their geographical proximity and economic and cultural similarities, the states of the Midwest have had very different rates of violent crime over the past five decades.  Moreover, through periods of dramatic increases and decreases in violent crime, the relative positions of the states have remained fairly stable.  The low-violence states in 1960 remain at the low end today, while the high-violence states in 1960 remain at the high end today.  However, the gap between the high states and low states has been slowly diminishing for many years.  In another decade, the state that has historically had the highest rate of violence, Illinois, may conceivably fall to about the same level as the state that has historically had the lowest, Iowa.

Readers of this Blog may know that I have previously written a series of posts on crime and punishment in three midwestern states, Indiana, Minnesota, and Wisconsin (e.g., here and here).  With this post, I begin a new series that will explore regional trends more broadly.  With violent crime such a staple of local news coverage, I think it’s helpful to be able to place the crime du jour within a wider spatial and temporal context; perhaps this bigger-picture view may lessen the tendency to adopt hastily conceived policy responses to whatever happens to be the latest outrage.

Here are the rates of reported violent crime (per 100,000 residents) in the midwestern states and the U.S. as a whole since 1960:   Continue reading “Violence in the Heartland, 1960-2012–Part One”

Thoughts on the Holder Address: Two Cheers for the New Paradigm

In August, Attorney General Eric Holder delivered a widely noted address to the American Bar Association that seemed to promise significant changes in federal prosecutorial policies.  I wrote these reactions for the Federal Sentencing Reporter.

Following decades in which the U.S. Department of Justice has consistently advocated for a rigid and harsh legalism in criminal justice policy—in which DOJ, in the name of abstract principles of national uniformity, has willfully disregarded the devastating impact of its charging, plea-bargaining, and sentencing practices on real-life human beings—Attorney General Holder’s ABA address seems a breath of fresh air. He calls for a more flexible federal criminal justice system, in which prosecutorial charging priorities are more specifically tailored to meet local needs, in which sentencing is more individualized to the offender and prosecutors sometimes forego mandatory minimum sentences, and in which individual U.S. Attorney Offices experiment with new diversion programs as an alternative to conventional case-processing. Holder believes—correctly, I think—that a more flexible and pragmatic system can achieve better public-safety results at a lesser cost than a system in which preserving the integrity of the federal sentencing guidelines is the overriding value.

Through Holder’s address, DOJ offers its most prominent and unequivocal endorsement yet of an emerging new criminal justice paradigm.   Continue reading “Thoughts on the Holder Address: Two Cheers for the New Paradigm”

Thoughts on Imprisonment in Wisconsin: Past, Present, and Future

Public Opinion

  • Wisconsin voters do not favor indiscriminate harshness in the treatment of criminal offenders, but rather believe that the costs and benefits of imprisonment should be carefully weighed in each case.  In the July 2013 Marquette Law School Poll,[1] a clear majority of Wisconsin voters (55.3%) expressed support for the idea that “prisons are a government spending program, and just like any other government program, they should be put to the cost-benefit test. States should analyze their prison populations and figure out if there are offenders in expensive prison cells who can be safely and effectively supervised in the community at a lower cost.”[2]
  • An overwhelming majority of Wisconsin voters (85%) agree that “criminals who have genuinely turned their lives around deserve a second chance.”[3]
  • An overwhelming majority of Wisconsin voters (86%) say that they “feel safe walking alone at night” in their neighborhoods.”[4]  Although fear and outrage have sometimes dominated public discussion of criminal justice policies, Wisconsin is ready for a more balanced conversation that considers what policies will deliver the greatest benefits to the state at the least cost over the long run.

Imprisonment and Crime Trends

Continue reading “Thoughts on Imprisonment in Wisconsin: Past, Present, and Future”