Author Archives: chris

why haley barbour employed and pardoned convicted murderers rather than car thieves

CNN’s Anderson Cooper has devoted several recent crime and punishment  reports to the pardons meted out by former Mississippi governor Haley Barbour. In several segments, Mr. Cooper seemed incredulous that convicted murderers were allowed to serve as “trustees” in the governor’s mansion prior to their release. In one report, for example, he and attorney Jeffrey Toobin dismissed Governor Barbour’s claim that murderers convicted of a single crime of passion were somehow better suited for such positions than inmates serving time for lesser offenses.

I will not comment here on the uses and abuses of the trustee (or “trusty”) system, except to note that the practice was once widespread but waned considerably after the prisoners’ rights revolution that began in the 1960s. Instead, I’m here to explain why Governor Barbour and his staff preferred employing convicted murderers rather than, say, convicted car thieves.

The chart below is taken from an excellent large-scale Bureau of Justice Statistics recidivism study (Langan and Levin 2002). Overall, 67.5 percent of prisoners were rearrested within 3 years of their release and 25.4 percent were returned to prison for committing new offenses (others were returned to prison for violating the terms of their release). If you click on the chart, you can see that people convicted of homicide have the lowest rate of recidivism as measured by rearrest — 40.7 percent — and the second lowest rate of return to prison for a new offense (10.8 percent). At the other end of the chart, about 79% of those convicted of motor vehicle theft were rearrested and about 31 percent were returned to prison after being convicted of a new crime.

This doesn’t mean that a 20-year-old murderer is less dangerous than a 20-year-old car thief, of course. It just means that by the time we see fit to release people convicted of homicide, they are unlikely to pose a significant threat to public safety. Many have spent decades in prison and are much older than other inmates when they are finally freed. Convicted murderers make good candidates for pardons precisely because their sentences are soooo long relative to the risk that many of them pose at the tail-end of those sentences.

But aren’t those convicted of killing especially likely to kill again? I mean, a 10.8 percent recidivism rate would be awful if half of those offenses turned out to be new murders. Contrary to all we’ve learned from Quentin Tarantino movies, however, homicide offenders tend not to specialize in killing.

The chart below uses odds ratios to represent the degree of specialization among people convicted of various crimes. Here, the 1.4 for homicide is the ratio of the odds that a homicide offender will be rearrested for another homicide (that’s the numerator in the ratio) relative to the odds that prisoners released for other offenses will be arrested for a homicide (that’s the denominator). You can see some evidence of specialization among those convicted of motor vehicle theft, where the odds of rearrest  for a new auto theft are about 1.9 times greater than those for non-car thieves (2.9-1=1.9). There is an even greater degree of specialization for rape and other sexual offenses, with odds ratios of 4.2 and 5.9, respectively, corresponding to rates of new sex offenses that are 3-to-5 times higher than those for people convicted of non-sex crimes. For homicide, however, the odds ratio of 1.4 suggests comparatively little specialization. 

I might also add that a great proportion of homicides are “cleared” by arrest, relative to the other offenses on the list, so it doesn’t seem likely that rampant homicide recidivism is somehow going undetected by the system.

In short, there is much evidence that recidivism rates for people convicted of homicide tend to be particularly low. While it may be politically unpopular to pardon convicted murderers or to place them in positions of trust, they tend to do well when, at long last, they are afforded such opportunities.

Stale Records

Criminologists Al Blumstein and Kiminori Nakamura offer a powerful New York Times op-ed this week, arguing that “stale criminal records” should expire when they can no longer distinguish criminals from non-criminals.

But this isn’t just a couple of bleeding heart academics advocating on behalf of a stigmatized group — there’s a solid research foundation supporting the argument. Several smart and creative studies have now followed people arrested or convicted of crimes to watch how long it takes before a criminal’s risk of a new offense drops to the point that it is indistinguishable from those with no record of past crimes.

Several teams of social scientists have designed really elegant studies to answer this important question. Most use some variant of event history or survival analysis — a semi-fancy but straightforward set of statistical tools. Based on their own research, Blumstein and Nakamura now conservatively estimate the “redemption time” at 10 to 13 years. Megan Kurlychek, Bobby Brame, and Shawn Bushway came up with about a 6-year window using somewhat different data and methodology in 2006.

While the specific “time-to-no-crime” varies across studies, the best evidence is now calling into question standard “lifetime” bans on employment, voting, and other rights and privileges. This doesn’t mean that the laws will be changed or even that they should be changed. But it does show how good social science can challenge old assumptions and inject much-needed evidence into public debates. And, for those of us who like to put our semi-fancy statistics to good purpose, the op-ed and the research beneath it offer a fine example of public scholarship.

think out loud — radio pubcrim

 Michelle’s too modest (and busy!) to post this herself, but Oregon Public Broadcating devoted their Thinking Out Loud program to her Inside-Out class last week.  There’s a great mix of both inside and outside voices represented on the hour-long show, as well as some extended content online. Highly recommended.

I hope she brought enough for the whole class

Food is important in every social setting, but it is especially salient for prisoners deprived of so many other comforts. For prisoners in disciplinary units, a meatloaf-like concoction known as Nutraloaf is often the only meal. Nutraloaf (sometimes called a ”special management meal”) is intended to meet the basic nutritional requirements in a “meal” that requires no utensils and minimal time to prepare or distribute. Nutriloaf — and the whole concept of “disciplinary food” — is so unpopular that prisoners have challenged its constitutionality in a number of jurisdictions.

I mention all this because Jesse Wozniak passed along this class project from Micaela Magsamen, a student in his policing class this semester. Hearing Jesse’s mention of Nutraloaf in lecture, Ms. Magsamen decided to prepare and taste-test one recipe for the  loaf (which includes both tomato paste and applesauce), photographing and powerpointing the results. While I didn’t taste-test this version myself, I’d imagine that such an exercise might change one’s view on the whole constitutionality issue.

fresh crim at ASC meetings

I arrived late and left early at this year’s criminology meetings, but the two days in Washington, DC were terrific. I’m always inspired by forward-looking talks that put a big issue on the table, especially those that could spark public discussion and, perhaps, intervention.

The paper that really turned my head this year was Bob Agnew’s general strain model of the impact of climate change on crime. Professor Agnew made a convincing and nicely documented case that climate change will “increase strain, reduce social control, weaken social support, foster beliefs favorable to crime, contribute to traits conducive to crime, increase opportunities for crime, and create social conflict.” After 15 minutes, he had me convinced that climate change could become a driving force of crime rates over the next century.

Sara Wakefield and Simon Cole offered a similarly future-directed and provocative talk on racial disparities in DNA databases. Every state is now collecting DNA — in many cases for arrestees, as well as those convicted of crimes. While acknowledging potential gains to public safety, the paper raised large and timely issues about how such data collection affects surveillance and inequality. We heard evidence about what the databases look like now, but everyone in the room expected them to grow dramatically in coming years.

I’ve worked a lot with Sara, of course, so I’m not exactly unbiased about her work — or that of other Minnesota grads at the meeting (including the program co-chair, Ryan King). This year, I gave talks with current grad students Suzy McElrath (above), Jessica Molina, and Heather McLaughlin (all attending their first ASC meeting), as well as Brianna Remster of Penn State. I mostly sat in the background scribbling (as above), while my collaborators did the heavy lifting.

My only solo presentation came at Madam’s Organ Blues Bar’s Thursday night Karaoke. Like the two papers above, my rendering of Sinatra could spark public discussion and, perhaps, intervention.

jail guitar doors

My colleague Josh Page’s The Toughest Beat (2011, Oxford) is getting much-deserved good press from many quarters. Today’s props come from Wayne Kramer, the MC5 guitarist now writing at Jail Guitar Doors. Mr. Kramer calls The Toughest Beat a “well researched history of how the prison guards union grew from a minor municipal association into the second most powerful political lobby in California. It’s a fascinating journey into power politics.”

So how do legendary guitar players end up reviewing cutting-edge scholarship in the sociology of punishment? The name Jail Guitar Doors comes from a fine old Clash song that name-drops Mr. Kramer, who once served time in Lexington Federal Prison for a drug offense. His work with the MC5 once earned him 92nd place on Rolling Stone’s all-time top-100 guitarist list. Today, he’s working with Jail Guitar Doors, an organization that Billy Bragg and friends put together to provide prisoners with musical equipment in the United Kingdom and, now, the United States. 

I can’t cite rigorous evaluation data to show the positive effects of such programs, but it doesn’t take a top-100 guitarist to grasp the group’s vision: We believe prisoners provided with the musical tools to create songs of their own can achieve a positive change of attitude that can initiate the work necessary to successfully return to life outside prison walls. Creating music, along with other educational and vocational programs, can be a profound force for positive change in a prisoner’s life.

If the idea hits you like Wayne Kramer power chord — or if you’ve ever just found a little peace and focus while plunking away at an instrument — you might consider a donation.

trusting our stuff

I spent some time in court today, taking the stand to share some research on voting and disenfranchisement. I’ve done this sort of thing a few times before, but courtrooms, sworn oaths, and cross-examinations are still a little scary to me — more like heebie-jeebies scary than howling fantods scary — but scary nonetheless. Whenever I get anxious, though, I try to “do as I say” in my capacity as advisor, editor, or chair.

When my students are anxious about presentating their work, I tell them what my little league coach told me on his (frequent) trips to see me on the pitcher’s mound: trust your stuff. I remind them about all the preparation, hard work, painstaking research, analysis, and careful writing they’ve done on the subject. If they”re well-prepared, know what they’re doing, and have good stuff to present, there’s really little reason for anxiety. And, at that point, they can direct their energies into communicating effectively, rather than worrying about freaking out, melting down, or curling up in a fetal position before a room of stunned observers.

Social scientists are trained to be appropriately cautious in presenting our work to peers and to the public, but such caution shouldn’t morph itself into learned helplessness or defeatism. As editors, we’re often encouraging writers to trust their stuff — “We actually know a lot about that right? You don’t need to put “may,” “perhaps,” “preliminary,” and “exploratory,” in the concluding sentence. You’ve actually written some good stuff that’s quite convincing on those very points, right?” 

So, while it makes good sense to worry about “overselling” a particular study or finding, there’s also a danger in “underselling” the real knowledge we’ve gained on a topic of importance. When I see social scientists overselling or overreaching, it is usually because they’ve gotten away from their stuff and started popping off about things they haven’t researched or thought much about.

I was thinking of this after raising my right hand and striding across the courtroom to take the stand – just stay on your research and trust your stuff. And it seemed to work out okay today — I said “I don’t know” when I lacked the information to answer a question responsibly, but I also made clear that we have learned some information relevant to the case at hand.

Learning how to trust your stuff comes in as handy in the courtroom as it does in the lecture hall or on the pitcher’s mound. Of course, it won’t eliminate all sources of anxiety. While 95 percent of my attention may have been devoted to responsibly communicating the research, about 5 percent was still pretty anxious. So, however much I may trust my research, I’m still mortified that my fly may be down when I feel a cool breeze on my way to the witness stand.

- cross-posted at The Editor’s Desk

cutting corrections while supporting correctional officers

My colleague Josh Page offers a thoughtful commentary on California’s prison system in Zocalo Public Square today. Quote:

Prison officers understandably worry that downsizing the correctional system will put them out of work. Thanks largely to their effective union, these officers have solid, middle-class jobs with good pay, good benefits, and good retirement packages. California officers make between $45,000 and $73,000 a year before overtime and other incentives. As the manufacturing sector declines, “prison officer” is one of the few remaining occupations providing upward social mobility for people who lack advanced degrees. This is especially true in the rural areas in which many prisons are located. Officers and their families, then, are justified in thinking that major reforms might close one of the few remaining paths they have into the middle class. Policymakers must make good faith efforts to protect these workers as they reshape the correctional system…The CCPOA would be much more likely to support reform measures if it could protect its members’ jobs along the way, or at least be persuaded that its worst-case fears are unfounded.

For more, check out, The Toughest Beat, Josh’s new book with Oxford.

el primo boots at auction

I like gear that comes with a story. And “these alligator boots were seized in a cocaine bust” is a story worthy of Quentin Tarantino, if not the Coen brothers. See, the proprietor of St. Paul’s El Primo Western Wear was evidently stashing cocaine in the boot boxes, so the store’s inventory was placed into storage. Now you and I can bid for the fine snap-button shirts, boots, belts, and stetson hats at auction.

via Mara Gottfried at The Pioneer Press:

A large amount of Western wear seized from a St. Paul store by police is now up for auction. The owner of the store, El Primo Western Wear, was sent to federal prison after he was convicted in a 2008 drug case. He had stored cocaine among cowboy-boot boxes in the basement of the store at 176 Cesar Chavez St., according to a search warrant affidavit.

The merchandise seized included 881 pairs of boots, 579 hats and 1,111 pairs of jeans. It had been in storage until the advisory board of the now-defunct Metro Gang Strike Force authorized the sale of the inventory at auction last month. Hines Auction Service is holding the online auction now. The first one closes Dec. 20 and the second Dec. 23. There will be more auctions, but they haven’t been scheduled yet, the Ellsworth, Wis., company said today. The auctions are listed at http://bit.ly/g2lf80 and http://bit.ly/hBHJ9N. Proceeds from the auction will be used to pay Metro Gang Strike Force legal fees, settlements, storage fees and other costs, an attorney has said.

Property seizures by law enforcement agencies are controversial to say the least, as forfeitures of cars and other big-ticket items have increased directly with budget cuts in some jurisdictions. For their part, Minnesota’s Metro Gang Strike Force has transitioned from beleaguered to defunct, finally shutting down in 2009. By most accounts, the MGSF was overzealous about seizing property and not nearly zealous enough about recordkeeping — hence, an auction to help defray their own legal fees.

Now that’s a story worthy of the Coen brothers.

[update: Jessica Lussenhop offers further details on both the bust and the goods in City Pages.]

did you think I was going to hang myself for littering?

Arlo Guthrie, whose Alice’s Restaurant is dished up like cranberry sauce each Thanksgiving, finally made the Macy’s parade this year. The protracted protest anthem tells the story of Mr. Guthrie’s 1965 littering arrest, as detailed in this uncredited and unsourced account:

The lyrics tell the tale of how this trivial criminal event emerges as a major issue at the draft induction center, with Mr. Guthrie ultimately asking, “you want to know if I’m moral enough to join the army, burn women, kids, houses and villages after bein’ a litterbug?” So, while there was plenty of humor and good fun in the song, it packed a real punch.

The story is well-told and still engages audiences, but the status politics of garbage dumping have changed a lot in forty-five years. When it comes to dumping busloads of garbage down hillsides, contemporary hippie kids might sympathize more with Officer Obie’s strict environmental protection than with their smiling sixties-era counterparts.

As I recall from my own freshman year, the film version was considerably sadder, slower, and uglier than the song. But I still like the following clip and could imagine using it for a class exercise on changing environmental norms: