in gideon v. wainright (1963), the u.s. supreme court ruled that state courts are required under the constitution’s sixth amendment to provide counsel for criminal defendants who can’t afford their own attorneys. the decision greatly expanded public defender offices to provide for such defense.

now abc news is reporting that the severe budget problems faced by these offices may be compromising their ability to provide adequate counsel:

Statewide public defenders in Kentucky and Minnesota and local offices in cities such as Atlanta and Miami say budget cuts are forcing them to fire or furlough trial lawyers, leaving the offices unable to handle misdemeanor and, in some instances, serious felony cases.

The cuts leave states scrambling to find a solution to a constitutional dilemma: The Sixth Amendment requires the government to either provide poor defendants with lawyers or release them.

in the jurisdictions i know best, they’ve trimmed away every ounce of fat in the budgets over the past five years. so today they are cutting muscle and bone — paralegals, investigative staff, administrative support, and, finally, the attorneys themselves. for a strapped mayor or city council, it can be easier to cut the defender’s office than to trim the DA’s budget or that of the police. that’s why it could take some major wrongful conviction lawsuits — or another clarence earl gideon — to preserve the right to counsel for indigent defendants.

the bureau of Justice statistics has released mid-year 2007 numbers for prison (1,595,034) and jail (780,581) incarceration. the data continue the trend of recent years: correctional populations continued to grow in 2007, albeit at a slower rate than in the 1980s and 1990s. [click charts for data]

according to bjs, african american males comprised 35.5 percent of the inmates held in u.s. prison and jails. about 4.6 percent of all african american males were in prison or jail on 6/30/2007, relative to 1.7 percent of hispanic males and 0.7 percent of white males.

larry oakes of the strib offers a well-researched look at sex offender civil commitment in minnesota. a few bullets:

  • 19 states and the federal government now detain former prison inmates for indefinite involuntary treatment.
  • the state now has the highest rate of sex offender civil commitments, locking up 544 men and 1 woman.
  • minnesota numbers have spiked dramatically since a heinous 2003 case.
  • it costs $134,000 per inmate per year in the minnesota sex offender program, relative to $45,000 per inmate per year in state prison, $15,000 per year for outpatient treatment, $10,000 per year for gps monitoring, and $4,000 per year for electronic home monitoring.
  • recidivism has dropped dramatically. as a 2007 state department of corrections report concludes: “due to the dramatic decrease in sexual recidivism since the early 1990s, recent sexual reoffense rates have been very low, thus significantly limiting the extent to which sexual reoffending can be further reduced.”

here’s the lead:

In the 14 years since Minnesota’s Sexually Dangerous Persons Act cleared the way for the state to detain hundreds of paroled sex offenders in prison-like treatment centers, just 24 men have met what has proved to be the only acceptable standard for release.

They died.

“We would say, ‘Another one completed treatment,'” said Andrew Babcock, a former guard and counselor in the Minnesota Sex Offender Program (MSOP).

there are strong labeling implications to a new longitudinal study in pediatrics by minnversity epidemiologist dianne neumark-sztainer and colleagues, summarized today in the strib. the punch line is that “parental encouragement to diet predicted poorer weight outcomes 5 years later, particularly for girls.”

the results parallel predictions by tannenbaum, lemert and becker with regard to delinquency: maybe the less said about it, the better. should we refuse to dramatize the “evil” of childhood obesity? here’s the abstract:

Accurate Parental Classification of Overweight Adolescents’ Weight Status: Does It Matter?
Dianne Neumark-Sztainer, PhD, MPH, RDa, Melanie Wall, PhDb, Mary Story, PhD, RDa and Patricia van den Berg, PhDa

OBJECTIVE. Our goal was to explore whether parents of overweight adolescents who recognize that their children are overweight engage in behaviors that are likely to help their adolescents with long-term weight management.

METHODS. The study population included overweight adolescents (BMI 85th percentile) who participated in Project EAT (Eating Among Teens) I (1999) and II (2004) and their parents who were interviewed by telephone in Project EAT I. Cross-sectional analyses were conducted with 314 adolescent-parent dyads, and longitudinal analyses were completed with 170 dyads.

RESULTS. Parents who correctly classified their children as overweight were no more likely than parents who did not correctly classify their children as overweight to engage in the following potentially helpful behaviors: having more fruits/vegetables and fewer soft drinks, salty snacks, candy, and fast food available at home; having more family meals; watching less television during dinner; and encouraging children to make healthful food choices and be more physically active. However, parents who recognized that their children were overweight were more likely to encourage them to diet. Parental encouragement to diet predicted poorer adolescent weight outcomes 5 years later, particularly for girls. Parental classification of their children’s weight status did not predict child weight status 5 years later.

CONCLUSIONS. Accurate classification of child overweight status may not translate into helpful behaviors and may lead to unhealthy behaviors such as encouragement to diet. Instead of focusing on weight per se, it may be more helpful to direct efforts toward helping parents provide a home environment that supports healthful eating, physical activity, and well-being.

wcco tv offered a terribly sad story on a young woman who died in a two-car collision yesterday. the piece followed-up with a brief discussion of graduated licensing, which places restrictions on the youngest and least experienced drivers.

one such restriction is the number of passengers that new drivers can transport. the wcco report showed a striking figure, similar to the department of transportation graphic shown below. for 16 and 17 year old drivers, death rates increase dramatically with the number of passengers in the car. for those aged 30 to 59, however, the number of passengers is unrelated to death rates.


distractibility is the hypothesized mechanism linking passengers to death rates for young drivers. i’d throw substance use into the mix as well, since the number of passengers is likely associated with alcohol and other substance use. in addition, i’d bet that peer passengers have a different effect than parent or sibling passengers — disaggregating by type of passenger might shed further light on the mechanism. as a 30-to-59 year old, my passengers today are often my kids. i still drive more recklessly with my buddies than i do with my kids, but i now spend much less time driving around with my buddies (what buddies?) than i did at age 16 or 17. if i’m correct, passenger type might be just as important as passenger numbers.

while i’m not sure whether a legal limitation on the number of passengers will reduce teen driving fatalities, the bivariate association is clear. when the figure flashed on the screen at my house, i couldn’t help overhearing the lad’s phone conversation. he was arranging to pick up a buddy or two before school. drive safe and keep the music down, dudes.

i’ve posted before about the crippling employment problems of former felons, many of whom have shared first-hand testimony here. a fine associated press report by kathy matheson details philadelphia’s municipal tax credit program for hiring former prisoners. in my view, the program represents a bold and courageous move by mayor michael nutter and the city of brotherly love.

the saint paul saints, our beloved local nine, will be giving away 2,500 of these fine collector’s edition bobblefoot keepsakes at sunday’s game at midway stadium.

the saints straight-facedly claim that the bathroom stall promotion was intended to coincide with national tap dance day, since one of the dangling feet is springloaded such that it “taps” or bobbles.

i’m not one to judge folks based on their worst moments (lest i be judged, i suppose), but this promotion seems innocuous to me. the saints don’t even mention the distinguished senator from idaho, though the bobblefoot might be construed as an homage to his foot-tapping and wide stance.

last year, the saints took some heat for giving away a michael vick dog chew toy. have they finally crossed the line with this promotion? a pioneer press poll put the question to readers. of 119 votes, 7 percent said “yes, it’s nothing to laugh at,” 30 percent said “no, it doesn’t offend me,” and 63 percent said “come on, it’s the saints! they gave away a randy moss hood ornament for cryin’ out loud! [note: mr. moss had recently run over a traffic officer].

let’s see, the game starts at 7:05 sunday. what do you think it would cost to purchase one of these fine bobblefoots on ebay this monday? i’m guessing that some tap dance afficionado would go as high as fifty bucks.

criminologists typically adopt a supply-side approach, rather than viewing crime as a problem of demand for illegal goods and services. demand reduction strategies have long been practiced with regard to substance use. if effective, however, the idea might be productively extended to problem landlords and myriad other areas. for prostitution, at least, there’s some evidence that simple interventions with consumers might slow demand.

nij and the san francisco chronicle report that the first offender prostitution program (or “john school”) might be effective in reducing the demand for prostitution. i say “might” because the clever multi-method analysis (details here) by abt associates isn’t really set up to make strong causal claims.

from abt:

In the FOPP, eligible arrestees are given the choice of paying a fee and attending a one-day class (known generically as the “john school”), or being prosecuted. During its more than 12 years of operation, 5,735 men have attended the FOPP’s john school. The fees support all of the costs of conducting the john school classes, as well as subsidizing police vice operations, the screening and processing of arrestees, and recovery programs for women and girls involved in commercial sex…

…To evaluate the program’s impact on recidivism, Abt Associates staff analyzed time series data for San Francisco and the rest of California for 10 years prior to implementation and 10 years after implementation (1985 through 2005). In San Francisco they found that compared to the 10 years prior to FOPP implementation, a sharp drop in recidivism rates occurred in the year of implementation (1995). Recidivism rates stayed at these lower levels during the 10 years following implementation. A similar pattern was observed in San Diego, with annual average recidivism rates following implementation of a john school at less than half the pre-program levels. There were no statewide trends or shifts in either 1995 or 2000 (the year of San Diego’s implementation) that might explain the recidivism rate declines in either San Francisco or San Diego. The results were repeatedly confirmed by applying various multivariate statistical modeling techniques and examining different subsets of the population of arrestees.

there are some ecological leaps in such an analysis, of course, and reliance on an arrest indicator seems problematic to me (e.g., enforcement priorities are locally determined; what if the class just teaches johns to avoid detection?). nevertheless, i like the study and the idea seems promising enough to merit continued systematic evaluation and a search for the mechanisms linking the program to recidivism. might john school work through shaming, deterrence, education, or some other mechanism?

we’re all pretty much running from something, right? a lot of marathoners seem to use distance running to stay a step ahead of substance use and other problems. runner’s world just profiled ultrarunner charlie engel, an ex-crack user who ran 4,500 miles through the sahara in 111 days. it takes major hellhounds on one’s trail to average 40 miles per day across a freaking desert.

the denver post similarly profiles the nonprofit activity inspired rehabilitation foundation, as they sponsored 40 first-time runners in the colorado colfax marathon. as a longtime distance runner, i take it on faith that marathons are good for the soul. i’ve thought about designing a randomized trial in which volunteers would be assigned to either a running support group or an alternative drug treatment comparison group, but i’m reluctant to test my faith — lest it be crushed against the rocks of a rigorous scientific analysis. nevertheless, i sent the AIR folks a donation and wish them all the best. from their site:

The AIR Foundation was founded in 2007 to help defeat homelessness and addiction in the community through programs that support and inspire rehabilitation through athletic accomplishment and a positive connection to the community. Its unique approach, called “activity inspired rehabilitation,” was an immediate success, increasing the success of rehabilitation programs by as much as 50%.

Today, The AIR Foundation works with homeless shelters, rehabilitation centers and youth outreach programs to provide a physical and goal setting component to rehabilitation. How does Activity Inspired Rehabilitation Work?

  • Goal Setting helps participants stay focused on becoming healthy and productive members of the Denver community.
  • Incremental Accomplishment through training and races builds self-esteem and self-confidence as program members create new identities.
  • Professional Health and Fitness Training creates lasting change in the health and fitness levels of AIR members, building a foundation for a lifetime of health and self-sufficiency.
  • Positive Connection With The Community changes the way members feel about themselves, allowing them to make a positive connection to the people around them and become role models for others in need.

i’m doing a marathon in madison this sunday, so my personal goal for the week is simple, if contradictory: eat a ton of pasta and stay reasonably healthy.

i’ll be doing a live interview at 2 this afternoon on an air america program called considering faith. ochen kaylan, who created a funny and revealing one-man show on felon voting rights, will be there too, as will host peg chemberlin, executive director of the minnesota council of churches. it should be fun, as long as i can find the studio in eden prairie. here’s the blurb from the show’s site:

May 18 – Felon Disenfranchisement – Chris Uggen and Ochen Kaylan
Did you know that the United States is the only democracy in the world that denies former prisoners the right to vote? This week we’ll be joined by two experts on felon disenfranchisement: one is an author/professor from the University of MN who teaches about these issues in a classroom setting. The other is a writer/producer who teaches about these issues in radio documentaries and theater performance. Professor Chris Uggen is Distinguished McKnight Professor and Chair of Sociology at the University of Minnesota. He studies crime, law, and deviance – especially how former prisoners manage to put their lives back together. With Professor Uggen, we’ll also have award-winning radio documentary producer Ochen Kaylan. Kaylan created the critically-acclaimed one-man show on felon disenfranchisement titled “I Voted for Gummi Bears” – an entertaining, yet highly informative piece of theater that will be featured in the new performance series “SPIRIT IN THE HOUSE” opening later this month. We’ll visit with Professor Uggen and Ochen Kaylan to talk about the complicated issue of prisoner voting rights.