Tag Archives: crime/law

Racial Bias in Presidential Pardons

In analysis of Presidential pardons during the George W. Bush administration, ProPublica has found that whites were four times as likely as non-whites to be granted a pardon.  Pardons were granted to 12% of whites, 10% of Hispanics and Asians, and zero percent of Blacks and Native Americans. The disparity remained even when investigators controlled for type of crime.

ProPublica explains:

…President George W. Bush decided at the beginning of his first term to rely almost entirely on the recommendations made by career lawyers in the Office of the Pardon Attorney.

The office was given wide latitude to apply subjective standards, including judgments about the “attitude” and the marital and financial stability of applicants…

Bush followed the recommendations of the pardons office in nearly every case… President Obama — who has pardoned 22 people, two of them minorities — has continued the practice of relying on the pardons office.

Sometimes disparate decisions in pardon cases were eyebrow raising:

An African American woman from Little Rock, fined $3,000 for underreporting her income in 1989, was denied a pardon; a white woman from the same city who faked multiple tax returns to collect more than $25,000 in refunds got one. A black, first-time drug offender — a Vietnam veteran who got probation in South Carolina for possessing 1.1 grams of crack – was turned down. A white, fourth-time drug offender who did prison time for selling 1,050 grams of methamphetamine was pardoned.

ProPublica traces the disparity to age, leniency given to people who are seen as “upstanding” members of society (e.g., they’re married, have little debt), the influence of money and politics (letters from Congresspersons and donations to lawmakers by convicts’ spouses), and simple prejudice.  Nevertheless:

When the effects of those factors and others were controlled using statistical methods, however, race emerged as one of the strongest predictors of a pardon.

Racial Disparities in Bankruptcy Filings

The New York Times recently reported the results of a study of racial disparities in bankruptcy filings. When filing personal bankruptcy, most people have two options: Chapter 7 and Chapter 13. With Chapter 7, you have to turn over all non-exempt assets, which will be used to pay off as much of your debts as possible; you’re then free from any further obligation regarding the debts included in the case. Under Chapter 13, on the other hand, you have to continue to try to pay your debts for 3-5 years. There are reasons a person might sometimes prefer Chapter 13 (especially if they have particularly valuable assets they do not want to turn over), but generally it’s more expensive to file for and, obviously, provides less financial relief from debts. According to Braucher et al. (2012), the authors of the study, overall about 30% of personal bankruptcies are filed under Chapter 13.

But in their study, Braucher et al. found that African Americans were significantly more likely to file for Chapter 13, and more likely than they would expect when controlling for things that might make Chapter 13 more attractive. As this NYT chart shows, over half of African Americans file under Chapter 13, compared to just over a quarter for Whites and even less for other groups:

Rates of Chapter 13 filings vary quite a bit across different judicial districts, but African Americans consistently filed Chapter 13 at a higher rate than other groups, regardless of what the overall rate was:

Braucher et al. suggest that attorneys play a key role here. They sent surveys to 596 randomly-selected attorneys who represent individuals filing for bankruptcy, providing information about a married couple considering bankruptcy; 262 of the attorneys responded. When the potential filers gave the names Reggie and Latisha, attorneys were more likely to recommend Chapter 13 than when they gave the names Todd and Allison, suggesting that attorneys may play a role in tracking clients toward different bankruptcy options based on race.

The result is that African Americans are, overall, more likely to use the version of personal bankruptcy that costs them more and requires them to continue struggling to pay their debts for several more years, reducing the immediate relief most people assume bankruptcy provides.

Source: Braucher, Jean, Dov Cohen, and Robert Lawless. 2012. Race, Attorney Influence, and Bankruptcy Chapter Choice. Forthcoming in the Journal of Empirical Legal Studies. Available free online here.

Male Victims of Sexual Assault

Feminists have done a powerful job of making the sexual assault of women by men a public issue.  Male victims, though, have remained largely invisible. In fact, one in ten victims of sexual assault is male.  Most of these men are raped by other men.

The Rape, Abuse, and Incest National Network is attempting to raise awareness of this issue.  As part of their campaign, they are sponsoring this really interesting two-minute video made by my colleague, Dr. Broderick Fox, professor of Art History and Visual Arts at Occidental College:

UPDATE: In the comment thread, Umlud posted a provocative paragraph from an article by Christopher Glazek at N+1 that I thought was worth including:

In January, prodded in part by outrage over a series of articles in the New York Review of Books, the Justice Department finally released an estimate of the prevalence of sexual abuse in penitentiaries. The reliance on filed complaints appeared to understate the problem. For 2008, for example, the government had previously tallied 935 confirmed instances of sexual abuse. After asking around, and performing some calculations, the Justice Department came up with a new number: 216,000. That’s 216,000 victims, not instances. These victims are often assaulted multiple times over the course of the year. The Justice Department now seems to be saying that prison rape accounted for the majority of all rapes committed in the US in 2008, likely making the United States the first country in the history of the world to count more rapes for men than for women.

Income Inequality is Bad for Society. Really Bad.

The mysterious SocProf, who writes The Global Sociology Blog, offered a nice review of Richard Wilkinson and Kate Pickett‘s book, The Spirit Level: Why More Equal Societies Almost Always Do Better.  Wilkinson and Pickett offer transnational research showing how, exactly, income inequality is related to bad outcomes on average.  In other words, as SocProf puts it, ”…egalitarianism is not a bleeding heart’s wet dream but rather the only rational course of action in terms of public policy.”  The 11 graphs, available at the Equality Trust website, speak for themselves.

Societies with more income inequality have higher infant death rates than other societies:

Societies with more income inequality have higher rates of mental illness than other societies:

Societies with more income inequality have a higher incidence of drug use than other societies:

Societies with more income inequality have a higher high school drop out rate than other societies:

Societies with more income inequality imprison a larger proportion of their population than other societies:

Societies with more income inequality have a higher rate of obesity than other societies:

Individuals in societies with more income inequality are less likely to be in a different class than their parents compared to other societies:

Individuals in societies trust others less than people in other societies:

Societies with more income inequality have higher rates of homicide than other societies:

Societies with more income inequality give less in foreign aid than other societies:

Children in societies with more income inequality do less well than children in other societies:

The authors sum it up pretty simply: : “Th[e] dissatisfaction [measured in this data is] a cost which the rich impose on the rest of society.”

And they have a clear policy proposal relevant to the current economic crisis.

[This is] a clear warning for those who might want to place low public expenditure and taxation at the top of their priorities. If you fail to avoid high inequality, you will need more prison and more police. You will have to deal with higher rates of mental illness, drug abuse and every other kind of problems. If keeping taxes and benefits down leads to wider income differences, the need to deal with ensuing social ills may  force you to raise public expenditure to cope.

Readers Ana and Dmitriy T.M. sent in a TED talk of Richard Wilkinson discussing the relationship between income inequality and social problems:

Unfreedom Update: 2010 Incarceration Statistics

Cross-posted at Family Inequality.

I can’t teach my course on family sociology without these graphs, which show the rise of the unfree population, and the incredible race/ethnic and gender disparities behind them.

The Bureau of Justice Statistics has released Correctional Population in the United States, 2010, which updates my standard figures. First, the total trend toward unfreedom in the population — from less than 2 million in 1980 to more than 7 million 30 years later:

And second, to understand the disparate impact of this change on Black men in young adulthood primarily — and secondarily, Latino men — here are the rates of incarceration for men by age and race/ethnicity (Blacks here exclude Latinos; Asians and American Indians are not included in the statistics):

Just to make sure you read the scale right, that incarceration rate for Black men in their early 30s is 9,892 per 100,000, or 9.9%, or one-in-ten — more than five-times the rate for White men.

I come at this largely from its effects on families. In a nutshell: The overall trend is largely a consequence of how the U.S. has waged its drug war over this period; these policies fit into a web of practices that deny families to millions of people in the U.S. (only a minority of whom have been convicted of crimes), including by simply removing men from communities and increasing the number of single-parent families.

All that said, you may notice the little decline at the end of that long upward trend in the first figure. In fact, for the first time since 1980, there has been a decline in the incarcerated population for two years running. There has been a long-term decline in crime, but I don’t know whether that is more important than the budget crises facing so many states, or the diminished lust for locking people up. In New York, for example, seven incarceration facilities were closed in the last year, after the number of prisoners dropped about one-fifth in the past decade:

The inmate decline followed a 25 percent statewide drop in crime over the past decade and revisions in sentencing laws that allowed earlier releases and alternative programs for nonviolent drug offenders. The number of prisoners in medium-security prisons declined almost 20 percent from 2001 to 2010 while those in minimum-security facilities dropped 57 percent.

The numbers on the charts are still off the charts, meanwhile — and remember these are just those in the system now. Many more people (and their families) live lives permanently hampered by criminal records and the experience of imprisonment.

Slumlords Conspire to Avoid Building Maintenance

A new study shows that owners of run-down apartment buildings are selling them to each other  ”in a criminal conspiracy to avoid having to do the legally required maintenance necessary to keeping their buildings habitable and safe” (BoingBoing).

A tenant advocate was working with the city to document unsafe living conditions in apartments — things like leaking sewage and lead levels that were causing mental retardation — and get the owners of the buildings to make repairs  ”But every time documented problems were delivered to the current LLC [Limited Liability Company] owners by city officials,” the report says, “nothing would happen.”

When the city’s deadline approached to fix the violations, the old LLC owner would explain that the property had changed hands and they were no longer involved. The buildings continued to deteriorate as owner after owner avoided addressing the violations.

In fact, the buildings were shifting hands within an extended family.  Confirming the connections between the various landlords proved that “…properties exchanged hands not as independent and valid real estate investments but as a conspiracy to avoid fixing the building violations.”

So, it went something like this. The building was passing from one LLC to another:

But all the LLCs were controlled by people connected to one other:

So the family had found a way around the law, “allowing the owners to ‘strip mine’ the equity from the buildings,” while leaving tenants in dangerous conditions.

The authors of the report call this a “common slumlord modus operandi.”  You should read the whole thing; it’s pretty stunning.

Voter Suppression: The New Disenfranchisement

Cross-posted at Caroline Heldman’s Blog.

In early 2009, I had dinner with a prominent, conservative political operative. He calmly (and accurately) predicted that the 2010 mid-term election would see the largest Republican gains in half a century. He then leaned in and half-whispered, “but you haven’t seen anything yet. Just wait until 2012 .” I pressed him on specifics, but he would only allude to a campaign that would rewrite the political rules. With the revelation that a centralized, state-by-state voter suppression campaign is underway, I now know what he was alluding to.

The New Voter Restriction Laws

In 2011, a sudden wave of state-level voter restrictions in Republican-controlled states has swept the nation, just in time for the 2012 election, with 19 new laws and two executive actions on the books. Some of these laws reduced or eliminated early voting, while others did away with weekend voting and same-day registration. All 50 states require voters to prove their identification at the polls, but 17 states have pending or approved law mandating government-sponsored IDs in order to vote, despite the fact that approximately 11% of citizens don’t have such IDs (for various reasons). For some Americans, even those with ample resources, getting an ID can be quite a challenge (even for nuns!).

The Brennan Center for Justice estimates that 5 million eligible voters face disenfranchisement from these new voter ID laws.

 

Voter ID laws disproportionately affect Black AmericansLatino/a voters, U.S. citizens who were born in other countrieselderly peoplepeople with disabilitiestransgendered people, and students — all of whom are less likely to have the required ID for different reasons. A 2006 Brennan Center study finds that 25% of Black , 16% percent of Latino/s, and 18% percent of elderly Americans lack the necessary ID. Some on the left have accurately likened these new laws to Jim Crow Era poll taxes because the expense involved in obtaining an ID place a disproportionate burden on many groups that have been historically disenfranchised.

What do all of these groups have in common? With the exception of elderly Americans who have shifted Republican in recent years (although they still comprise the most active voting group for Democrats), the Americans who will be disproportionately affected by voter ID laws all vote overwhelmingly Democratic.

There is little doubt, then, that voter ID efforts will affect the upcoming presidential election. The states that have restricted voting rights also have 185 Electoral College votes, two-thirds of the 270 needed to win the presidency. Out of the twelve battleground states in the upcoming election, five have already restricted voting rights and two others are considering new limitations.

Who’s Behind the New Laws?

The corporate organization behind the new spate of voter ID laws is the American Legislative Exchange Council (ALEC), which claims to be a “nonpartisan public-private partnership” between legislators, the private sector, and the general public to promote “principles of free markets, limited government, federalism, and individual liberty.” (How is requiring government-issued ID to vote a promotion of “limited government” and “individual liberty”?) In actuality, ALEC is a hyper-conservative Republican organization that receives 98% of its funding from corporate entities, such as Exxon Mobil, Atria (formerly Phillip Morris tobacco), AT&T, Coca-Cola, and the Charles G. Koch Charitable Foundation.

And ALEC is more than just a corporate lobbying organization. They work directly with legislators (who are ALEC members) to craft model legislation that is then introduced in statehouses across the country without acknowledging that corporations drafted the bill. ALEC drafted model ID voter legislation, and every single new voter ID law was passed with ALEC member involvement. ALEC’s policy agenda for 2011 included bills to deregulate polluting industries, privatize education, eliminate unions, and voting restrictions.

David and Charles Koch, two brothers who have quietly promoted their radical, free-market agenda with $100 million in contributions to conservative causes, including bankrolling Scott Walker’s election and subsequent recent assault on public unions in Wisconsin, have long ties to ALEC. Koch Industries has been one of a select group of members on ALEC’s governing board for nearly two decades, and from what little financial information is available, the Koch contribution to ALEC likely exceeds $1 million. The lead lobbyist for Koch Industries formerly chaired ALEC. Koch brother involvement in voter ID laws should be of particular interest for the Occupy Movement considering that David Koch’s project, Citizens for a Sound Economy, spearheaded the effort to repeal Glass-Steagall that enabled banking institutions to gamble in securities and tank the economy in 2008.

The purpose of new voter ID laws is to demobilize certain portions of electorate who are more likely to vote for Democrats, a goal laid out by ALEC founder, Paul Weyrich many decades ago who stated that “I don’t want everybody to vote… Our leverage in the elections goes up as the voting populus goes down.”

In short, this is a corporate-sponsored attack on democracy, spearheaded by Republicans intent on disenfranchising certain groups in the electorate in order to gain political control.

But Don’t We Need to Enhance Voting Security?

No. The voter ID movement is based on a bald-faced lie that voter impersonation is an issue. It’s not. As the DNC humorously notes, a person is 39 times more likely to be struck by lightning than to engage in voter impersonation, and 3,600 times more likely to report a UFO.

This voting fraud figure is based on a Bush Administration investigation into the matter that involved only 70 prosecutions nationwide, some of which were honest mistakes.

The Real Problem: Voter Turnout

We don’t have a voter impersonation fraud problem in the U.S., but we do have a voter turnout problem. Turnout in presidential years has declined since 1960, and pitifully hovers below 60% of the eligible electorate. We should be undertaking Herculean efforts to increase voter turnout, not erecting barriers to voting based on trumped-up problems to serve partisan ends. Yet, despite the data, untold resources are being spent to “correct” a problem that simply doesn’t exist. These new laws will cost taxpayers millions of dollars annually to implement, not including the cost of certain litigation. When a situation like this arises in politics, it means there are other motives at play.

We don’t need new barriers to voting, we need a state-by-state response with the concrete goals of getting people ready to vote, registering new voters, and overturning these laws.

Cousin Marriage

For the last week of December, we’re re-posting some of our favorite posts from 2011.

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Kristina Killgrove, anthropology professor at University of North Carolina, Chapel Hill, asked a great question about a set of maps posted at Move On.  The maps compare the states that allow gay marriage with the states that allow cousin marriage.  Most Americans find cousin marriage to be disturbing and testimonials from married cousins about their deteriorated family relations and social stigma attest to it.  The idea behind these maps, then, is that cousin marriage is genuinely weird or gross, and yet many states grant cousins the right to marry, but not gays and lesbians.

In fact,  emerging evidence that cousin marriages do not significantly increase the risk of birth defects suggest that the stigma and laws against cousin marriage are unwarranted.  A doctor cited in the study suggests that disallowing their marriages or rights to have children are tantamount to “eugenics or forced sterilization.”  Even if there were significantly increased risks of genetic disorders, Dr. Bittles argues, “People with severe disorders like Huntington’s disease, who have a 50 percent chance of passing it on to their offspring, are not barred from marrying because of the risk of genetic defects… so cousins should not be, either.”

In any case, U.S. aversion to cousin marriage is culturally and historically contingent.  That is, it is related to our particular time and place.  Worldwide, more than 10 percent of marriages occur between first cousins and cousin marriage, historically, has been quite desirable.