Which Cities Have the Largest Sentencing Disparities?

For a generation, federal sentencing policy-makers have been preoccupied by the ideal of national uniformity — the ideal that federal judges in Milwaukee and Miami should sentence the same as federal judges in Michigan and Maine.  I’m a long-time skeptic of this ideal; since most of the impact of most crime is local, why shouldn’t local needs and values determine the punishment?  But even I am troubled by judge-to-judge disparities within a single federal courthouse.  The random assignment of a case to one judge instead of another should not govern the punishment.

Although there has been a great deal of anecdotal evidence of such local disparity, it has been very hard to quantify because of a longstanding agreement between the U.S. Sentencing Commission and the federal judiciary that blocks the release of judge-specific setencing data.  However, thanks to a great deal of painstaking effort by the Transactional Records Access Clearinghouse, it is now possible to analyze the sentencing practices of individual judges.

Earlier this year, TRAC made waves with a public announcement of which districts had the greatest inter-judge disparity.  However, TRAC’s methodology was sharply criticized, and with good reason.  More recently, TRAC published a new and improved version of its report at 25 Fed. Sent. Rep. 6 (2012).

So, which cities have the greatest disparities?  

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Wisconsin Prisoners, c. 1960

As part of my ongoing research into the origins of mass incarceration, I’ve been spending some quality time recently with a voluminous, fifty-year-old government report by the Federal Bureau of Prisons, Characteristics of State Prisoners, 1960.  This was a once-a-decade production by the BOP in those days, and it contains a wealth of information.

I find it fascinating to have this window into 1960, for at that time — unbeknownst to the report’s authors, of course — everything in American criminal justice was just about to change forever.  In fact, crime was already on the rise in the Northeast United States, foreshadowing a nationwide swell of violence that would continue to gather force until well into the 1970′s.  Even today, we have yet to return to the historically low levels of criminal violence of the mid-twentieth century.  And then, on the heels of the crime wave, came the great imprisonment boom — a period of unprecedented growth in American incarceration that began in about 1975 and continued uninterrupted for more than three decades.

Yes, it is easy to imagine 1960 as a more innocent time!

Using the state breakdowns from the 1960 report, I’ve drawn some comparisons between the Wisconsin of then and now:  

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The Cop on My Porch

On December 1st, the Azana Salon and Spa in Brookfield reopens for business. Unless you have been out of the country for the last five weeks, you no doubt know that the salon was the scene of a mass shooting on October 21, 2012. A gunman entered the building and killed three women, including his wife, who was a salon employee. He wounded four other women and then killed himself. The shooter’s wife had recently obtained a temporary restraining order against him after numerous domestic violence incidents including, according to the Milwaukee Journal-Sentinel, an incident where the shooter slashed his wife’s tires in the spa parking lot.

Domestic violence has always been a devilishly difficult crime to prevent or prosecute. Abusers tend to be controlling and manipulative, and the visible physical injuries they inflict often pale by comparison to the emotional injuries. Victims are often psychologically abused and controlled to the point that they may feel responsible for the attacks, and they often stay in their relationships hoping for change in their partners. Abused women—and it is most often women—are afraid to leave their abusers and rightfully so. The time immediately after a woman leaves is the most dangerous time, since the abusers often succumb to rage and the need to control their victims. This may cause them to escalate the violence, and while Zina Houghton’s death is tragic, it is sadly not unusual for a battered woman to die at the hands of her abuser.

This tragedy reminded me of an experience I had last spring. The doorbell rang at 8 o’clock one night, and I flipped on the porch light so as to peer out before opening the door. A uniformed police officer was standing on my porch. This is almost never a good thing.

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