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.
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.
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:
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”
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:
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)”
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):
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”
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?”
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?”
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”
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”