A Tale of Three States, Part 3: Harsh Hoosiers

In the first post in this series, I explored the large gap between the incarceration rates of Minnesota and Wisconsin. In the second, I discussed racial disparities in the incarcerated populations of the two states. The disparities in both states are wide, although Wisconsin’s are somewhat larger. In this entry, I add a third state, Indiana, to the statistical comparisons. As another medium-sized midwestern state, one might expect that Indiana would have criminal-justice numbers that are similar to Minnesota’s and Wisconsin’s. Indiana’s numbers, however, point to a criminal-justice sustem that is much larger and harsher than those of its northern neighbors.

As detailed in the table that appears after the jump, Indiana’s imprisonment rate (about 460 per 100,000) easily outstrips Wisconsin’s (387) and dwarfs Minnesota’s (178). Perhaps even more surprisingly, Indiana’s probation population also exceeds Minnesota’s. My Minnesota-Wisconsin comparison suggested that Wisconsin imprisons many defendants who would get probation in Minnesota, leading to a much smaller probation population in the former than the latter. But Indiana seems to incarcerate the same way that Wisconsin does, without any accompanying reduction in the probation numbers.

For that reason, Indiana’s total supervised population of 167,872 is the largest of the three states (although Minnesota, with the smallest overall population of three, still has a somewhat larger per capita supervised population, thanks to its enormous per capita probation number).

Indiana also leads the way in crime.

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A Tale of Three States, Part 2: Racial Disparities

In the first post in this series, I highlighted a sizable gap between the incarceration rates of Minnesota and Wisconsin.  Although the two states have similar crime rates, Wisconsin has more than twice Minnesota’s incarceration rate (651 per 100,000 versus 310).

In this post, I cover racial disparity data in the two states.  As summarized in a helpful new article by Michael Rocque (“Racial Disparities in the Criminal Justice System and Perceptions of Legitimacy: A Theoretical Linkage,” 1 Race & Justice 292 (2011)), a substantial body of research documents wide racial disparities in the American criminal justice system.  Consistent with the national data, and despite longstanding reputations for progressive politics, both Minnesota and Wisconsin exhibit troublingly large disparities in white and black incarceration rates.

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Why Following the Rules Should Get You Out of Prison Early

I have a new paper on SSRN entitled “Solving the Good Time Puzzle: Why Following the Rules Should Get You Out of Prison Early.” Most U.S. jurisdictions permit inmates to obtain credit toward early release based on good behavior in prison. It’s not immediately clear, though, why the severity of a prison sentence should vary depending on how well an offender follows the rules while incarcerated. No amount of good or bad conduct in prison is capable of changing the seriousness of the underlying crime for which the offender is being punished.

The most common justification for good time is probably that it makes the job of prison administrators easier by giving them an additional set of incentives and sanctions to hold over inmates. Critics question, however, whether the potential loss of good time really does add anything to the deterrent effect of much more immediate sanctions, such as disciplinary segregation. Critics also object that the loss of good time — functionally an extension of the prison term — is not a just and proportionate response to rules violations that may be relatively technical and harmless and that need not be proven through formal trial-type proceedings.

In the paper, I argue that good time can thought of and justified in a different light. In essence, I suggest that good conduct in prison can be conceptualized as a form of partial atonement for the underlying crime. If seen in this way, good-time credits can be justified as a way of recognizing atonement, which seems to me an appropriate objective for the criminal-justice system.

Cross posted at Life Sentences.

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