The Dead End of Deterrence

The Sentencing Project has a new report out that summarizes research on the effectiveness of criminal punishment as a deterrent.  It’s nothing pathbreaking, but it does offer a nice, succinct statement of the evidence against robust deterrence effects.  Here’s the conclusion:

Existing evidence does not support any significant public safety benefit of the practice of increasing the severity of sentences by imposing longer prison terms. In fact, research findings imply that increasingly lengthy prison terms are counterproductive. Overall, the evidence indicates that the deterrent effect of lengthy prison sentences would not be substantially diminished if punishments were reduced from their current levels. Thus, policies such as California’s Three Strikes law or mandatory minimums that increase imprisonment not only burden state budgets, but also fail to enhance public safety. As a result, such policies are not justifiable based on their ability to deter.

Based upon the existing evidence, both crime and imprisonment can be simultaneously reduced if policy-makers reconsider their overreliance on severity-based policies such as long prison sentences. Instead, an evidence-based approach would entail increasing the certainty of punishment by improving the likelihood that criminal behavior would be detected. Such an approach would also free up resources devoted to incarceration and allow for increased initiatives of prevention and treatment.

I’ll offer four reactions of my own.

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Best of the Blogs: Inequality Edition

Hey, law students and profs, it’s time for you to fear the ‘fro.  Pistons center Ben Wallace reportedly plans to attend law school after he retires from the NBA.  At Above the Law, Elie Mystal comments on Wallace’s prospects as a law student, comparing his advantages and disadvantages relative to his classmates.  For instance:

GRADES: Would you give Ben Wallace a C? I wouldn’t give Ben Wallace a C. What possible good could come from giving Ben Wallace a C? EDGE: Ben Wallace

Amen to that!  By the way, given the strength of our sports law program, I hope Wallace will be giving Marquette a serious look.  And, as a defensive specialist, he shouldn’t mind too much that our local NBA franchise can’t seem to find the hoop.

Mystal’s post imagines Wallace heading to a lucrative big-firm job, which does point to the more serious issue addressed by my next post: the ease with which wealth can be used to generate more wealth, producing an inequality spiral in society.  

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SCOTUS to Address Requirements for Federal Murder Statute

Yesterday, the Supreme Court agreed to decide what “federal nexus” must be proven in a murder prosecution under 18 U.S.C. § 1512(a)(1)(C).  The statute makes it a federal crime to kill “another person, with intent to . . . prevent the communication by any person to a law enforcement officer or judge of the United States of information relating to the commission or possible commission of a federal offense.”  The specific question before the Court is whether a defendant may be “convicted of murder under § 1512(a)(1)(C) without proof that information regarding a possible federal crime would have been transferred from the victim to federal law enforcement officers or judges.”  Additionally, the case presents interesting questions regarding the interpretation of statutory state-of-mind requirements and the scope of federal criminal jurisdiction.

The decision below was United States v. Fowler, 603 F.3d 702 (11th Cir. 2010).  Here’s what happened.  

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