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The Long and the Short of Prison Sentences

New York Times legal writer Adam Liptak digs a little deeper into the story of America's astonishingly high incarceration rate and finds that the main explanation is longer sentences, as opposed to more frequent sentences or a higher crime rate:

People who commit nonviolent crimes in the rest of the world are less likely to receive prison time and certainly less likely to receive long sentences. The United States is, for instance, the only advanced country that incarcerates people for minor property crimes like passing bad checks...

Efforts to combat illegal drugs play a major role in explaining long prison sentences in the United States as well. In 1980, there were about 40,000 people in American jails and prisons for drug crimes. These days, there are almost 500,000.

Those figures have drawn contempt from European critics. "The U.S. pursues the war on drugs with an ignorant fanaticism," said [prison researcher Vivien] Stern of King's College....

It is the length of sentences that truly distinguishes American prison policy. Indeed, the mere number of sentences imposed here would not place the United States at the top of the incarceration lists. If lists were compiled based on annual admissions to prison per capita, several European countries would outpace the United States. But American prison stays are much longer, so the total incarceration rate is higher.

Burglars in the United States serve an average of 16 months in prison, according to Mr. Mauer, compared with 5 months in Canada and 7 months in England.

The longer U.S. sentences are due largely to legislators who pass mandatory minimum statutes and judges (frequently elected) who err on the side of severity. Both groups are responding to a perceived public demand for tough-on-crime policies.

While any sentence for nonpredatory "criminals" such as drug offenders is too long, it's less clear whether U.S. penalties for crimes such as burglary and robbery are excessive. As Liptak notes, "there is little question that the high incarceration rate here has helped drive down crime," whether through incapacitation, deterrence, or both. Liptak quotes former federal judge Paul G. Cassell, a conspicuous critic of draconian drug sentences, who writes that "a good case can be made that fewer Americans are now being victimized" as a result of harsher sentences. Cassell says the evidence "should give one pause before too quickly concluding that European sentences are appropriate."

In a column last month, I discussed the Pew Center's recent report on incarceration rates, upon which Liptak draws heavily. Several years ago in reason, I noted criminologist John DiIulio's acknowledgment that the cost-effectiveness of incarceration depends on the system's ability to distinguish between predatory criminals and "drug-only" offenders.

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Comments to "The Long and the Short of Prison Sentences":

Fluffy | April 23, 2008, 3:21pm | #

We aren't only dealing with populism and "tough on crime" politicians. Or at least we won't be for much longer.

In some areas of upstate NY, the local prison is the only major employer in the area. When the corrections commission starts talking about prison consolidation or closing, the local political machines spring into action to protect their "industry".

Although right now these conflicts are usually "prison vs. prison" or community vs. community, at some point in time these various communities and their representatives will almost certainly coalesce into a lobby to fight any initiative that might reduce the rate of incarceration overall. It's inevitable.

And when that happens [if it hasn't already in regions I don't know very well] we will have in this country for the first time since 1865 a pro-slavery lobby. We will have a lobby whose reason for being is to maximize the number of persons held in servitude as chattel, and to prevent any reduction in that number.

Naga Sadow | April 23, 2008, 3:22pm | #

I never thought about the tough on crime approach to prison sentences. They are outrageous when I started to google some of the more obvious ones. One that stood out was that in Mississippi, judges or prosecutors who dismiss a DUI case can be incarcerated for up to five years. I believe there are four or five being prosecuted right now.

Beavis | April 23, 2008, 3:23pm | #

...minor property crimes like passing bad checks

People go to jail for passing bad checks? WTF??

I'm all for long terms for violent criminals so save the jail space for them and give the check kiters community service.

Bingo | April 23, 2008, 3:30pm | #

Goddamnit Fluffy

ChrisO | April 23, 2008, 3:34pm | #

Although right now these conflicts are usually "prison vs. prison" or community vs. community, at some point in time these various communities and their representatives will almost certainly coalesce into a lobby to fight any initiative that might reduce the rate of incarceration overall. It's inevitable.

I believe something like that has already happened in California, where the prison guards' union is a major political player.

Johnny Cash | April 23, 2008, 3:36pm | #

People go to jail for passing bad checks? WTF??

Yeah, Momma, don't you worry about it none though
Everything's gonna be all right, Momma
They're teaching us a lot of new things in here Momma
Things like.

There ain't no good in an evil-hearted woman
And I ain't cut out to be no Jesse James
And you don't go writing hot checks down in Mississippi
And there ain't no good chain gang.

Abdul | April 23, 2008, 3:39pm | #

While I agree that our sentences are too harsh on non-violent crimes, we don't hear much about the other side. The Wall Street Journal ran an article a few weeks ago about how convicted murderers in Italy rarely get more than a few years in prison. In Ireland people are sentenced to life for murder, but released in just 10-15 years.

Taktix® | April 23, 2008, 3:46pm | #

I second Bingo: Godamit Fluffy...

Isaac Bartram | April 23, 2008, 3:52pm | #

This confirms something which I have long believed but had no real supporting evidence for.

Given the fact that the US has, contrary to general beliefs both here and abroad, generally slightly lower crime rates than the rest of the west there had to be some other explanation.

Mind you what we lack in terms of general assault and burglary and such we tend to make up for with homicides and armed robberies.

I've been aware of the sentence length disparity* issue for a long time and was fairly sure it played a part in our championship level of per capita incarceration.

Another thing to note though is prison conditions. Unless things have changed prison conditions in England and France are pretty dismal.

*Including the large number of offenses that Euros, Brits, Canucks etc get absolutely no time for. And as Abdul notes the practically trivial sentences that violent criminals seem to get.

J sub D | April 23, 2008, 4:28pm | #

In 1980, there were about 40,000 people in American jails and prisons for drug crimes. These days, there are almost 500,000.

And I can walk down the street today and buy heroin or crack cocaine from a complete stranger. I don't need to ask, just respond to the offers.

T | April 23, 2008, 4:49pm | #

And I can walk down the street today and buy heroin or crack cocaine from a complete stranger. I don't need to ask, just respond to the offers.

And that's why I vacation in Detroit, J sub D.

Just kidding. I go because I have friends, much like you, that are too goddamned stubborn to leave.

T | April 23, 2008, 4:50pm | #

Does anyone have a close italics tag I might borrow? I seem to have misplaced mine.

Soodonim | April 23, 2008, 4:57pm | #

Naga Sadow, do you have a link to the Mississippi law? I'm not trying to break your balls, I am just curious about it and a google search turned up nothing

Episiarch | April 23, 2008, 5:04pm | #

So Fluffy just goes right to the jugular on the first post. Beautifully said, and prescient.

The question is: how will people react? Will the seemingly softening attitudes towards MJ be enough to counter the growing power of the corrections unions? California seems to indicate a big fat "No."

Naga Sadow | April 23, 2008, 5:10pm | #

Not sure where it was. It's buried in the part about DUI's circa 1977 I think. It was amended in 2007 or something. As helpful as I can be, sorry.

Kolohe | April 23, 2008, 5:25pm | #

I am going to take the minority position and state that 'the prison-industrial complex' that Fluffy alluded we may be heading towards is so much alex jones hogwash.

Any action that resists reducing the incaration rate is completely explained by:
1) wanting to continued to be seen as 'tough on crime' - look at that other thread w/ the Dem in TN who wants to restrict DUI attorney ads.
2) presumption, mostly accurate, that it's still not their ox being gored. A middle to upper class white person who eschews drugs has a neglible chance of interacting with the criminal justice system - so its only 'those people' who are going to jail. And even if they partake in illicit pharmacuticals (Cindy McCain), they still won't expeerience the full brunt of the system.

joshua corning | April 23, 2008, 5:37pm | #

Sooo we are not more criminal...we are just bigger dicks to criminals then the rest of the world.

CSI | April 23, 2008, 5:47pm | #

America puts so many people in jail because its the wealthiest country in the world and it can afford to.

SIV | April 23, 2008, 6:22pm | #

16 months isn't strong enough for burglary of a dwelling.10 years would be better.

We should eliminate the panoply of victimless/consensual crimes .

J sub D | April 23, 2008, 6:32pm | #

16 months isn't strong enough for burglary of a dwelling.10 years would be better.

We should eliminate the panoply of victimless/consensual crimes .


At the risk of sounding like a bleeding heart liberal, isn't that what judicial discretion is supposed to be about? To state that home burglars should get decade long sentences completely ignores the diversity in the offenders.

I'll chalk it up to reflexive posting rather than insulting you.

SIV | April 23, 2008, 6:45pm | #

If I was home when he broke in I might kill him.

Property theft is like stealing part of your life, the part spent working to acquire the property.

10 years seems about right if we are going to use prison as punishment.

I would prefer an old-fashioned penalty involving physical violence but the bleeding hearts wouldn't like it

Working Man | April 23, 2008, 6:53pm | #

If you want weaker sentences for white collar crimes, but want to keep the tough sentences for the working man/blue collar crimes, you must hate the working man like Ba'rok Obama. Would love to stay and chat, but I have to get back to work.

Fluffy | April 23, 2008, 7:06pm | #

I am going to take the minority position and state that 'the prison-industrial complex' that Fluffy alluded we may be heading towards is so much alex jones hogwash.

I didn't know who Alex Jones even was until he came up in the context of the Paul candidacy.

I don't really know what he would have to say about it. All I know is that I get upstate NY local news on cable here in VT, and whenever there is a hint of a prison closing or shifting of prison populations the local TV goes berserk and there's footage of town meetings where "They Took Yur Jobs!" types are placated by local officials and promises to keep the prisons open are made.

And I just don't see how that can not have an impact on broader policy questions of incarceration in general.

Say someone proposed to start issuing tickets for drug offenses, to mandate counselling for youthful drug offenses, and to stop sending people to jail AND to "youthful offender boot camp" for drug offenses. As a practical matter, adopting this policy would have the effect of closing many such facilities. Some entire categories of facilities might cease to exist. I just guarantee this policy proposal would end up being opposed by a caucus of state legislators - call it the slavery caucus - on the basis of the impact the decision would have on small communities that host such facilities.

You might think I mean that the labor source for in-facility operations is what I'm talking about when I say "slavery". But I actually don't mean that. That caucus would be seeking "chattel" even if all the chattel does is sit in a cell and generate a stream of revenue from Albany.

As soon as anyone starts to tailor their response to criminal law policy based not on the merits of the laws or the justice of the laws, but on the need to keep prisons open to provide economic benefits, that person is treating human beings as chattel. The prisoners don't have to work - milch cows are chattel, too.

Fluffy | April 23, 2008, 7:08pm | #

Oh, and Kolohe, I don't deny that a lot of people would take tough on crime positions for exactly the reasons you list.

But at least a few people - not a huge group, maybe not the majority, but not a negligible group either - may some day soon be making the calculation that I described. And that group, whatever its size, is definitely a slavery lobby.

J sub D | April 23, 2008, 7:43pm | #

If I was home when he broke in I might kill him.

Property theft is like stealing part of your life, the part spent working to acquire the property.

10 years seems about right if we are going to use prison as punishment.

I would prefer an old-fashioned penalty involving physical violence but the bleeding hearts wouldn't like it


Hey, y'all can't say I didn't try to avoid this. That is the kind of moronic, myopic, heartless blather that gives us low level drug dealers in prison for 25 years. Cause hey, all dem dam dope dealers iz alike, right? And all dem burgelers iz hardened crimnalz.

SIV | April 23, 2008, 8:13pm | #

JsD,

Your "argument" sounds like the same one as the drug warriors "Why don't we legalize murder?"


FWIW, I am commenting on this:

Burglars in the United States serve an average of 16 months in prison

I said nothing of mandatory minimums.
Burglary (particularly of a dwelling) is a serious crime-with victims- that should have harsh consequences (such as a 10 year average prison sentence.

J sub D | April 23, 2008, 8:24pm | #

I said nothing of mandatory minimums.
Burglary (particularly of a dwelling) is a serious crime-with victims- that should have harsh consequences (such as a 10 year average prison sentence.


Not exactly, SIV.
SIV | April 23, 2008, 6:22pm | #

16 months isn't strong enough for burglary of a dwelling.10 years would be better.
After I gave you an opportunity to rethink, you posted

SIV | April 23, 2008, 6:45pm | #

...Property theft is like stealing part of your life, the part spent working to acquire the property.

10 years seems about right if we are going to use prison as punishment.
Those two posts taken together certainly don't indicate any support for judicial discretion, nor do they indicate that a first offender should be able to avoid a long hard prison sentence.

I get it, you don't like burglars and lose your compassion when thinking about the miscreants. In that way you and I differ.

Kolohe | April 23, 2008, 11:30pm | #

Fluffy-
Your analysis is largely the same as that which revolves around the 'military-industrial complex.' It is mostly correct, but makes a subtle error in motivation that confuses supply with demand.

Defense spending undergoes much of the same dynamic that you describe, esp in terms of keeping bases and procurement programs going to provide local jobs and complaining loudly when they are shifted or closed outright. And the industry has a very real and very effective lobbying effort.

But, like the 'prison industry,' the defense industry core desire is not necessarily to expand it's size, just the amount of money it receives. The defense industry does not like war, just like the prison industry does not like more prisoners. You see, for both, an actual demand signal causes problems, because then you have to demonstrate real results. It is far better to sell a product, and at ever higher prices - for 'the latest technology', because last year's model is already obsolete - that is never used.

Paul | April 23, 2008, 11:33pm | #

My personal crime and punishment philosophy:

We ought to be punishing to deter crime and protect the public, not for revenge.

16 months for burglary seems about right to me, for a first time offense. 5 to 7 months seems too short to be a serious deterrent. Repeat offenses should get 3 or 4 years, and I'm sure they generally do.

Violent crimes, especially when there is serious harm to the victim, need to be punished more severely, and in the U.S. they are. I sometimes think the sentences are on the harsh side.

Drugs should be legal, so all such sentences are too long.

The law should simplify its list of crimes and avoid doing things like piling on dozens of charges for the same criminal event. This sort of thing leads to huge sentences, and promotes contempt for the legal system because it defies common sense.

JohnD | April 24, 2008, 8:23am | #

We could seriously reduce the number of people in prison and the length of stay if we just executed more people. Espically the repeat offenders (and the drug pushers).

Isaac Bartram | April 24, 2008, 12:38pm | #

Thankyou, JohnD for this thread's comic relief.

And in case you were serious, well, then, I'm laughing at you, not with you.

YapYap | April 28, 2008, 9:05am | #

The biggest problem, as I see it, is that the US prison system is a corporation that makes profit over the backs of the people incarcerated. That can't ever bring anything good.

The first step should be that the government takes back the responsibility of housing and rehabilitation inmates that are already supposed to be in their care instead of some greedy corporation. Only then, in a non-profit setting, can one actually expect some decent care and actual rehabilitation to take place inside American prisons.

Aside from that, it would be a big relief for the serious overcrowding in several states if non-violent offenders receive alternative sentences instead of being thrown into prison for several years. The same goes for parole violators.

And last but not least, this country should start PREVENTING crime instead of merely punish, punish, punish:

* Make college and university education available for EVERY child in this country.
* Fight poverty.
* Start up more programs to straighten out youth at risk.
* Improve the social security system.

These measures should reduce crime drastically already. If the CDC would shift its focus from punishment to rehabilitation you'll see that the number of re-offenders will go down drastically as well.

There is always a reason why somebody starts committing crimes. You should look at what causes crime and try to do something about that instead of just punish without breaking the cycle.

Becoming a criminal or being a criminal is not a career choice for 99.99% of all those who break the law. Let's keep that in mind and get rid of all the hatred in our hearts. Most of these people need help more than anything else.