The American Prison in 1931: High Ideals, Harsh Realities

As part of my ongoing review of the work of the Wickersham Commission, I am reading the body’s 1931 Report on Penal Institutions, Probation, and Parole.  I’m much struck by the Commission’s ringing statement about the purpose of prison:

The function of the penal institutions is protection of society.  To this end all efforts must be bent and all administrative methods be adapted.  All judgment upon the functioning of our prison system, or any unit within in, must be in terms of protection of society.  This raises the question of how penal institutions can best contribute to this objective.  There seems but one answer possible — by the reformation of the criminal.  Nearly all prisoners, even within the longterm institutions, are ultimately released. . . . Unless these prisoners are so readjusted before release that they are more likely to be law-abiding citizens than before they were arrested and sentenced, then the prison has not served its purpose.  If the prison experience not merely fails to improve the character of the inmate but actually contributes to his deterioration; if, as is charged, our prisons turn the less hardened into more hardened criminals, then the prison has not only failed in its duty to protect society but has in turn become a contributor to the increase of crime within the community.  Stated positively, it is the function of the prison to find the means so to reshape the interests, attitudes, habits, the total character of the individual so as to release him both competent and willing to find a way of adjusting himself to the community without further law violations.  (6-7)

This passage interests me for two reasons.  First, viewed from a contemporary perspective, it seems a remarkably limited and arguably very naive view of the prison’s function.

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Defendant Can Challenge Attorney’s Failure to Appeal Despite 2255 Waiver, Seventh Circuit Says

Charged in federal court with drug trafficking, Fred Dowell decided to enter into a plea agreement with the government.  The deal included various stipulations as to his sentence, but reserved for Dowell the right to challenge the government’s contention that he should be sentenced as a career offender under the federal sentencing guidelines.  Assuming the stipulations were accepted by the sentencing judge, Dowell waived his right to appeal the sentence, except that he expressly reserved the right to appeal an adverse career offender determination.  Dowell also surrendered his right to mount a collateral attack on the sentence under 28 U.S.C. §2255.

Dowell was, in fact, sentenced as a career offender.  By his account, he instructed his lawyer to appeal this decision, as he had reserved the right to do.  No appeal was filed.  By the time Dowell realized this, it was already too late for an appeal to be taken.  Accordingly, he tried a §2255 motion in the district court, contending that his lawyer’s failure to appeal constituted ineffective assistance of counsel in violation of the Sixth Amendment.  Sorry, said the district court, but you waived your rights under §2255 in the plea agreement.

Earlier today, the Seventh Circuit reversed in Dowell v. United States (No. 10-2912).  

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Why Does Wisconsin Arrest Twice as Many People for Marijuana Possession as Minnesota?

In 2010, Wisconsin law enforcement agencies reported 16,111 arrests for simple possession of marijuana, including both adult and juvenile offenders. The same year, Minnesota agencies reported only 7,453. With this one glaring exception, Wisconsin is not otherwise noticeably more aggressive about making drug arrests. Wisconsin also made more possession arrests for other drugs than did Minnesota, but the gap was much less pronounced (4,807 to 3,737), while Minnesota actually outstripped Wisconsin by a considerable margin when it came to arrests for drug trafficking (6,382 to 4,832). So, it is not as if our neighbors to the west have declared a general truce in the War on Drugs, while we have doggedly fought on. Rather, there seems something specific about marijuana possession that is differentiating the two states.

It seems unlikely that differences in marijuana use could account for such a large difference in the arrest rates. Indeed, based on the National Survey of Drug Use and Health, it appears that marijuana use in Minnesota is, if anything, slightly higher than in Wisconsin. So, the differences in arrest rates probably result to a significant degree from differences in police behavior. What drives those differences is not immediately apparent from any data that I have seen.

As I have observed in earlier posts, differences in criminal-justice outputs between the two states cry out for justification because the two states are so similar in population size and crime rate. 

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