Citings and Sightings

Since 2000, the Roman Colosseum has been lit in gold whenever a person condemned to death anywhere in the world has their sentence commuted or is released or when a jurisdiction, like the state of Illinois, abolishes the death penalty. Photo by Herb Neufeld via flickr.

Popular wisdom and those who defend the death penalty say that the most heinous crimes should be more harshly punished. But, as Lincoln Caplan points out in a recent New York Times editorial, this is simply not the case. Death sentences are far more random than that, as shown by a study of murder cases in Connecticut from 1973 to 2007.

The Connecticut study, conducted by John Donohue, a Stanford law professor, completely dispels this erroneous reasoning. It analyzed all murder cases in Connecticut over a 34-year period and found that inmates on death row are indistinguishable from equally violent offenders who escape that penalty. It shows that the process in Connecticut—similar to those in other death-penalty states—is utterly arbitrary and discriminatory.

The study revealed that, far from being blind, Lady Justice metes out harsher punishments based not on the egregiousness of crimes but more often on race and geography. These findings echo those of sociologists who have studied the death penalty, such as Scott Philips (as “discovered” in Contexts, Winter 2011). Philips examined how the victim’s social status affected whether a defendant was sentenced to death in Texas from 1992 to 1999. Results showed that if the victim was “high status” (e.g. white, no criminal record, college educated), defendants were six times more likely to be sentenced to death. Black defendants, though, whose victims tend to be of lower social status, were still more likely than others to be sentenced to death.

In light of such evidence and with the death penalty on the decline (some states, such as Illinois in 2011, have abolished it altogether) Caplan argues it’s time for this “freakishly rare,” “capricious,” and “barbaric” form of punishment to go.

As part of its programming surrounding our national day of remembrance in honor of the Rev. Dr. Martin Luther King, Jr., NPR’s Fresh Air brought scholar Michelle Alexander to the airwaves last night for a lengthy, fascinating interview. Alexander is the author of the book The New Jim Crow: Mass Incarceration in the Age of Colorblindness (out now in paperback with an introduction by Cornel West), and she argues persuasively that, as NPR puts it, “Jim Crow laws are now off the books [but] millions of blacks… remain marginalized and disenfranchised… denied [the] basic rights and opportunities that would allow them to become productive, law-abiding citizens.”

President Reagan’s “War on Drugs,” was declared, Alexander said, “primarily for reasons of politics—racial politics. … [these] racially coded ‘get-tough’ appeals on issues of crime and welfare appeal to poor and working-class whites, particularly in the South, who were resentful of, anxious about, and threatened by many of the gains of African Americans in the civil rights movement.” And so, the war on drugs keeps Jim Crow going:

Today there are more African Americans under correctional control—in prison or jail, on probation or parole—than were enslaved in 1850, a decade before the Civil War began. …In major American cities today, more than half of working-age African American men are either under correctional control or branded felons and are thus subject to legalized discrimination for the rest of their lives

In her conversation with Dave Davies, Alexander went on to explain that, while some, like criminologist David Kennedy, believe  anyone who’s spent time with those fighting the “War on Drugs” on the streets (that is, who’ve embedded themselves with beat cops and DEA agents) knows there’s absolutely no racial or class bias in who gets arrested for what, she’s found in her research that, for white, middle and upper-class kids, some crimes are considered rites of passage deserving only a slap on the wrist. Just a few miles away, though, in poorer communities of color, those same crimes (particularly the sale and use of recreational drugs, which Alexander says research has found are no more likely among black adolescents than white nor among poor vs. white kids) relegate young people to a life haunted by the legal system.

This, Alexander goes on, is especially problematic in one under-examined way: the disenfranchisement of convicted felons means that these communities, which are already low in political capital (that is, real political power), don’t even have the ability to go and vote for the politicians (and policies) that might improve their lives. “My experience and research has led me to the regrettable conclusion that our system of mass incarceration functions more like a caste system than a system of crime prevention or control,” concludes Alexander.

In some circles the social sciences are criticized for “discovering” what common sense supposedly already tells us. But sometimes, societal trends can cause even the experts to scratch their heads. During the recent recession, for example, unemployment rates in the United States rose sharply and many scholars and politicians expected crime rates to follow suit. According to recently released FBI crime statistics, though, they haven’t.

Violent crimes have fallen 6.4 percent in the last year while property crimes dropped 3.7 percent. Plus, last year’s crime decrease was just a continuation of a downward pattern since 2008; since 1991, the homicide rate has fallen 51 percent and property crimes dropped by 64 percent.

Photo by Cyndy Sims Parr via flickr

When this data went public, news sources like National Public Radio, the LA Times, and MSNBC.com looked to see how experts in criminology reacted to the findings. Richard Rosenfeld, professor at the University of Missouri-St. Louis and former president of the American Society of Criminology, was, “surprised by the overall decline in both violent and property crime during and since the recent recession.” He went on, “I’ve studied crime trends in relation to economic conditions for some time, and the 2008-09 recession is the first time since WWII that crime rates have not risen during a substantial downturn in the economy.” Many, including Rosenfeld, attribute some of the decline to smarter policing, but admit that can’t account for all of it, since in many places policing hasn’t changed much in the past ten years or during the recession.

Franklin Zimring, a criminologist and UC Berkeley law professor, was also a puzzled to see a decline in crime during the last three years when incarceration rates have stalled and the economy has soured. “By both the left- and right-wing leading indicators we should be in a lot of trouble—except [we’re] not,” Zimring maintains. “Everything we thought we knew are deeply challenged by events by the last three years.” In an email written to msnbc.com, Zimring does, though, suggest one possible factor affecting this decline: Inflation. “High rates of inflation are connected with high crime rates, so when inflation drops we should expect corresponding declines in crime, in the first instance property crime.”

Although bewilderment in the face of a crime decline is a relatively good problem to have, most scholars and public officials still agree on the importance of getting to the bottom of what’s causing it—particularly if it might be replicable.

Illustration by Sadler0 via flickr.com

When photographs of Police Lieutenant John Pike pepper-spraying peaceful college students emerged, many people were outraged.  But, Atlantic Monthly writer Alexis Madrigral takes a sociological lens by reminding readers that people always act within the confines of structure.

Structures, in the sociological sense, constrain human agency. And for that reason, I see John Pike as a casualty of the system, too. Our police forces have enshrined a paradigm of protest policing that turns local cops into paramilitary forces. Let’s not pretend that Pike is an independent bad actor. Too many incidents around the country attest to the widespread deployment of these tactics. If we vilify Pike, we let the institutions off way too easy.

Many sociologists, such as Patrick Gillham, have documented these changes in our police forces.  Looking at the 1960s, Gillham notes that police used “escalated force,” which involved mass arrest and indiscriminate use of force.

But by the 1970s, that version of crowd control had given rise to all sorts of problems and various departments went in “search for an alternative approach.” What they landed on was a paradigm called “negotiated management.” Police forces, by and large, cooperated with protesters who were willing to give major concessions on when and where they’d march or demonstrate. “Police used as little force as necessary to protect people and property and used arrests only symbolically at the request of activists or as a last resort and only against those breaking the law,” Gillham writes.

Yet by the 1999 WTO protests in Seattle, negotiated management was seen as a failure.

9/11 put the final nail in the coffin of the previous protest-control regime. By the time of the Free Trade of the Americas anti-globalization protests in Miami broke out eight years ago this week, an entirely new model of taking on protests had emerged. People called it the Miami model. It was heavily militarized and very forceful.

Looking at these changes, Brooklyn College Sociologist Alex Vitalle explains that the “broken windows” theory has also had a major impact on policing.  Broken windows policing doesn’t fight crime directly but rather fights the sense that a street is disorderly.

As Vitale would put it, the theory “created a kind of moral imperative for the police to restore middle class values to the city’s public spaces.” When applied to protesters, the strategy has meant that any break with the NYPD’s behavioral preferences could be grounds for swift arrest and/or physical violence. Vitale described how the theory has been applied to Occupy Wall Street:  Consider what has precipitated the vast majority of the disorderly conduct arrests in this movement: using a megaphone, writing on the sidewalk with chalk, marching in the street (and Brooklyn Bridge), standing in line at a bank to close an account (a financial boycott, in essence) and occupying a park after its closing. These are all peaceful forms of political expression. To the police, however, they are all disorderly conduct.

Combine these and other changes, and you have a completely different type of policing than was seen in previous eras.  Scholars are already studying it, but in the meantime, Alexis’s article is a reminder that while John Pike was the one spraying the pepper spray, a complex system put him in the position to do it.

We’ve all heard that there is no peace without justice and vice versa.  But, when policy makers and leaders discuss how to handle national and international conflicts, peace and justice are often pitted against each other.  Recently, the trial of Hosni Mubarak and the Internal Criminal Court’s opening hearings on Kenya have elicited many criticisms that prosecuting leaders who have grossly violated human rights will in fact undermine democracy and exacerbate conflict.  Political Scientist Kathryn Sikkink considers these claims in a New York Times Op-Ed.

Critics argue that the threat of prosecution leads dictators like Col. Muammar el-Qaddafi of Libya and Omar Hassan al-Bashir of Sudan to entrench themselves in power rather than negotiate a transition to democracy. In El Salvador, where domestic courts have refused to extradite officers accused of murdering Jesuit priests 22 years ago, critics claim that such a prosecution would undermine stability and sovereignty.

But, Kathryn’s research provides evidence to question some of these concerns.

My research shows that transitional countries — those moving from authoritarian governments to democracy or from civil war to peace — where human rights prosecutions have taken place subsequently become less repressive than transitional countries without prosecutions, holding other factors constant.

Of 100 countries that underwent a transition from 1980 to 2004 (the period for which extensive data is available), 48 pursued at least one human rights prosecution, and 33 of those pursued two or more. Countries that have prosecuted former officials exhibit lower levels of torture, summary execution, forced disappearances and political imprisonment. Although civil war heightens repression, prosecutions in the context of civil war do not make the situation worse, as critics claim.

Kathryn believes that the possibility of punishment and disgrace deters future leaders from violating human rights.

From the final Nuremberg trials in 1949 until the 1970s, there was virtually no chance that heads of state and government officials would be held accountable for human rights violations. But in the last two decades, the likelihood of punishment has increased, and newly installed officials may be more cautious before deciding to murder or torture their political opponents.

So, while confronting the past may be painful and difficult, it could result in a better future.

As California grapples with a recent Supreme Court decision that mandates the state to reduce its prison population, sociologist Joshua Page examines an alliance that speaks out against prison reform.

This alliance, between Crime Victims United and the California Correctional Peace Officers Association, has existed for over two decades, as both organizations have lobbied for harsher sentences and other “tough on crime” policies.

The union had a strong personal interest in developing the victims group, which it realized could be an effective ally in achieving the guards’ policy objectives: enhancing members’ pay and benefits, keeping private prisons out of California and promoting “tough on crime” sentencing laws. Crime Victims United shares the union’s commitment to lengthy, harsh mandatory sentencing laws such as “three strikes.” The alliance has been good for both partners.

And the two groups have become a powerful force.

But their success has had a downside. When Crime Victims United turns complicated criminal justice matters into simple choices between helping and hurting victims, reasoned debate and thoughtful policymaking are necessarily constricted. Lawmakers are reluctant to oppose advocates. . .for fear that they will be tarred in the media and targeted in future elections. No politician wants to stand against a woman whose daughter was murdered and be deemed soft on crime. With financing from the guards, the victims group has the resources to seriously help or damage a politician’s image and career.

So while Crime Victims United provides support to people who suffer crimes, their actions may also cause harm.

By claiming pride of place as “the voice of victims,” the group marginalizes alternative victims’ voices. Some victims’ rights groups in the state maintain that vengeful, ultra-tough penal policies do not help victims of crime but simply create more suffering and resentment. These groups say that challenging offenders to take responsibility for the harm their crimes cause through restorative justice practices and helping prisoners develop the tools necessary to live crime-free lives help prevent future victims. These alternative voices reject zero-sum logic; they do not reflexively pit offenders against victims — or, in Nina Salarno Ashford’s words, the “bad people” against the “good citizens.”

According to Page, both groups will likely ensure their voices continue to be heard.  “If policymakers continue to follow the voices of expressly punitive victims rights advocates and ignore the opinions of those who promote alternative, less punitive conceptions of justice, California will not shrink its $9-billion prison system or alleviate its correctional crisis. The status quo will prevail.”

Check out the entire Op-Ed in the Los Angeles Times.

After the recent shock of a federal indictment of 29 Somali and Somali American individuals on sex trafficking charges, the New York Times reports on the Minnesota Somali community’s attempts to deal with the situation.

The allegations of organized trafficking, unsealed this month, were a deep shock for the tens of thousands of Somalis in the Minneapolis area, who fled civil war and famine to build new lives in the United States and now wonder how some of their youths could have strayed so far. Last week, in quiet murmurings over tea and in an emergency public meeting, parents and elders expressed bewilderment and sometimes outrage — anger with the authorities for not acting sooner to stop the criminals, and with themselves for not saving their young.

The indictment was the latest in a series of jolting revelations starting around 2007, when a spate of deadly shootings in the Twin Cities made it impossible to ignore the emergence of Somali gangs. Then came the discovery that more than 20 men had returned to Somalia to fight for Islamic extremists, bringing what many Somalis feel has been harsh and unfair scrutiny from law enforcement and the news media.

A sociologist weighs in on why this pattern of problems seems to be continuing:

Cawo Abdi, a Somali sociologist at the University of Minnesota, said that past surges in concern about troubled youths had not been followed up with money and programs to help them. “This is viewed as such a huge scandal and outrage,” she said of the new charges, “that it has to lead to some kind of action.”

Read the rest of the article for discussion of some of the challenges facing Somali people in the Twin Cities.

How do businesses affect neighborhood crime rates?  Some people would answer this question by asserting that the increased foot traffic that businesses bring to neighborhoods translates into more eyes to curb crime.  According to others, residents withdraw into their homes to avoid crowds, which could make crimes more likely. 

To test these opposing ideas, Christopher Browning and his Ohio State colleagues examined 1999-2001 rates of homicide, aggravated assault and robbery in 184 census tracts in Columbus, Ohio; and Psych Central News reported on their findings.

Neighborhoods that combine residential and business developments have lower levels of some types of violent crime[homocide and aggravated assault]…The findings were equally true in impoverished areas as they were in more affluent neighborhoods, possibly offering city planners and politicians a new option in improving crime-afflicted areas, according to the researchers.

But, neighborhood density also plays a role.

In sparsely populated neighborhoods, increases in business-residential density initially lead to more frequent violent crimes.  However, once the building density reached a certain threshold, certain types of violent crime began to decline.

As Christopher Browning put it, “A residential neighborhood needs more than the addition of one or two businesses to see any positive impact on violent crime.”

The researchers are hopeful that bringing businesses into neighborhoods could help cut back on some violent crimes.

Sociologist  David Garland has written in the Washington Post about the contentious issue of the death penalty.

Much of what we think we know about American capital punishment comes from the longstanding debate that surrounds the institution. But in making their opposing claims, death-penalty proponents and their abolitionist adversaries perpetrate myths and half-truths that distort the facts. The United States’ death penalty is not what its supporters — or its opponents — would have us believe.

According to Garland, Americans are not as death-penalty-happy as you may think.

In fact, this country barely uses the death penalty today. Fifteen states and the District of Columbia have abolished capital punishment. Of the 35 “death-penalty states,” one-third rarely sentence anyone to death and another third impose death sentences but rarely carry them out. In many states, the only people to be executed are “volunteers” — death row inmates who abandon an appeals process that would otherwise keep them alive.

And the U.S. has made the practice more humane, though European nations have been quicker to abandon it altogether.

For most of the past 200 years, American states have been on the vanguard of death-penalty reform…The United States led the effort to develop less painful execution techniques, replacing hanging first with the electric chair, then the gas chamber, and finally with lethal injection…It is only in the past 30 years that a gap has opened up, with Europeans abolishing the institution and Americans retaining it in an attenuated form.

Government structure has a lot to do with why nations keep or abolish the death penalty. European leaders have managed to get rid of the death penalty in spite of public approval of the practice.

The United States’ democracy is different. Each state can choose whether to have the death penalty. It’s not a central government decision, as it is in other countries. Our criminal justice system is different, too. In many cases, we elect prosecutors and judges — a politicization of the process that is unheard of elsewhere. In this country, the Supreme Court is the one national institution that has the power to abolish capital punishment throughout the nation.

Finally, whether the death penalty “works” or not to deter crime, Garland says it serves other social purposes.

In a nation where the prison system is so overused that the currency of imprisonment is largely devalued, the death penalty allows juries to make an emphatically punitive statement. Politicians give voters what they want by enacting capital punishment statutes even when they will never be enforced. Prosecutors use the threat of a death penalty as leverage to elicit plea bargains and cooperation. The news media are drawn to death-penalty cases because they elevate a routine case to a suspenseful drama where life and death are at stake.

We avidly consume these dramatic stories and enjoy the opportunity to engage, once more, in the old and familiar debate. But it’s time to change the terms of that all-too-familiar debate. Getting past the myths and looking at how the death penalty actually operates is one place to start.