Ask the Scholar
Document scope · 1 page
Scholar
Ask about this object, its catalog metadata, its source description, or the page inventory.
For page-specific OCR and visual context, open one of the page chats.
Scholar Source Context
Document identity
localId
323154432
label
Crime [OA 6903]
core
doc
dtoType
document
citationUrl
pageCount
1
Source metadata
id
323154432
contentType
document
title
Crime [OA 6903]
citationUrl
identifierLocal
13861-003
collections
Records of the White House Office of Speechwriting (George H. W. Bush Administration)
Carol Aarhus Alpha Files
imageCount
1
hasImages
yes
source
import
hasTranscription
no
Source extras
naId
323154432
levelOfDescription
fileUnit
recordType
description
ocrSource
nara-archive
Single page context
seq
1
pageIndex
0
type
document
mediaId
e27d182d8418f5a1
ocrText
Originally Processed With FOIA(s):
FOIA Number:
S
FOIA
MARKER
This is not a textual record. This is used as an
administrative marker by the George Bush Presidential
Library Staff.
Record Group/Collection: George H.W. Bush Presidential Records
Collection/Office of Origin: Speechwriting, White House Office of
Series:
Aarhus, Carol, Files
Subseries:
Alpha File, 1990-1992
OA/ID Number:
13861
Folder ID Number:
13861-003
Folder Title:
Crime
Stack:
Row:
Section:
Shelf:
Position:
G
19
2
5
2
D.C. Homicide Total Continues to Climb
AREA HOMICIDES 1980-1990
Jurisdiction
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990'
Despite Evidence of Declining Drug Use
Alexandria
7
17
6
6
6
7
4
8
6
8
8
Anne Arundel County
20
23
19
13
16
15
16
14
11
20
9
Arlington County
9
7
6
6
5
7
11
4
5
1
whose name was heing withheld
10
HOMICIDES, From A1
In Howard County, there have
until relatives could be notified, was
been five homicides this year, five
District
200
223
194
186
175
148
194
225
372
434
436
cides continues to rise while drug
stabbed during an apparent domes-
fewer than in all of 1989.
Fairfax County
19
13
9
10
13
4
14
13
23
28
use appears to be declining is not
25
tic dispute. Chanson Papillon, 25, of
And in Anne Arundel County,
easily answered. Some police offi-
the 200 block of K Street NW,
police said there have been nine
Howard County
6
4
7
7
6
3
2
6
2
10
5
cials and criminologists believe it is
turned himself in to police, and was
homicides, compared with 20 for all
Loudoun County
2
3
2
0
2
5
0
0
1
0
NA
evidence of a shrinking drug mar-
charged with homicide.
of last year.
ket. which pits well-armed drug
The year's homicide total in the
Montgomery County
16
12
19
18
Nationwide, violent crime is up
14
12
8
17
16
21
25
dealers and groups against one an-
city is now 39 more than it was at
10 percent. and police agencies
Prince George's County
53
59
67
55
39
43
47
88
94
123
109
other.
this time in 1989. In 1989, the city
elsowhere are contending with rec-
In the region, police in Prince
broke the previous year's record on
'As of Nov. 23.
ord increases in homicides this
SOURCES: Area police departments.
George's County are seeing a
Nov. 1. In 1988, the District broke
marked decrease in the homicide
the record on Oct. 31.
year.
This year, 78 percent of the vic-
New York City is expected to
rate and the number of drug-related
break last year's record-setting
the District, is approaching its all-
broke its homicide record when it
killings. The county. the suburban
tims have been shot. Fulwood said
more than 20 percent each, and Los
only a national gun control law-
pace of 1.905 homicides. New York
time homicide record of 135 slay-
recorded its 102nd slaying earlier
Angeles went up 16 percent.
jurisdiction whose problems with
City Police Commissioner Lee J.
ings, set in 1973. The city has rec-
this month.
drugs and violence most nearly re-
which he and some other police
chiefs endorse-would help reduce
Brown predicted earlier this year
orded 128 homicides, and, respond-
Large cities such as Denver have
Staff writers Patricia Davis, Amy
semble the District's, has had 109
the killing.
that the city. now averaging six
ing to the gruesome Halloween
Goldstein, Stephanie Griffith,
seen increases In homicide rates
homic idea this year. compared with
Veronica T. Jennings, Robert
118 at the same time in 1980. In
The police department, which
homicides a day, will probably sur-
night gang rape and beating death
during the first half of the year by
O'Harrow, Debbie M. Price, Camille
now has 16 more homicide inves-
pass 2,000.
of a woman, Mayor Raymond Flynn
as much as 29 percent; Chicago,
Faitfax and Montgomery counties,
Ross, Jeff Rowland and Carlos
ligators than it did a year and a half
Boston, which is about the size of
is discussing a curfew. Richmond
Dallas and New Orleans were up by
where drug-related killings have
Sanchez contributed to this report.
ago, has made arrests in about 60
not been a problem, authorities say
percent of the killings this year.
domestic violence has driven up the
That is an improvement from 1989.
homicide rate.
when 56 percent of the homicide
The med comprehensive statis-
cases resulted in arrests.
tics. released by the FBI in Orto-
Elsewhere in the region, where
her, show an 8 percent nationwide
drug-related killings have not been
increase in homicides during the
a major factor, domestic violence
first six months of this year.
has driven up the homicide rate this
As in the District, the consensus
year.
is that this surge in violent crime is
Fairfax County, which had a rec-
partly driven by the availability of
ord 28 homicides in 1989, has had
guns.
25 this year, most a result of do-
Police had few details on yester-
mestic violence, police said.
day's killings. Two of the victims-
As of Nov. 21, there had been 25
Reginald Cobb, 17, and an uniden-
homicides in Montgomery County.
fifed woman in her mid-twenties-
There were 21 homicides there in
were found dead in separate areas
all of 1989. Since Oct. 17, there
of the District. Both had been shot
have been six homicides in the
repeatedly. and police said there
county. Three of the slayings in-
are no suspects or motives in either
volved individuals who allegedly
were killed by roommates. In one
case.
Cobb, of Logan Way in Bladens-
case, a 71-year-old woman was
burg, was found at 12:10 a.m. in the
killed during a robbery attempt,
allegedly by a 25-year-old man who
1200 block of Clifton Street NW.
later robbed his parents.
near Cardozo High School. The wo-
In Arlington, there have been 10
man Was found shortly after 3:30
homicides this year, compared with
a.m. on the 200 block of 53rd
only one in all of 1989. most of
Street NF. a ress from Richardson
them also stemming from domestic
Elementars School.
disputes. county officials said. None
The third slaving occurred about
appears to be drug-related.
12:30 B.M. vertining in the 1300
In Alexandria, police have re-
block of 11th Street NW. Police
ported eight homicides this year.
said the : tim, who WITH 27 and
the same number as in all of 1989.
113m YEAR
No. 354
SATURDAY, NOVEMBER 24, 1990
R
Prices May Vary in Areas Outside
Metropolitan Washington (See Box on A2)
25c
D.C. Homicides, at 436, Set 3rd Straight Record
By Gabriel Escobar
lasting effect on a generation here.
Washington Post Staff Writer
TOLL OVER A DECADE
smart man does that, and I consider
More than 400 of those killed this
myself a smart man."
500
A 17-year old student and two
PRE- 1980's RECORD
year have been black, the great ma-
In this year alone, the depart-
434
436°
other people were killed in the Dis-
jority male.
287 killed in 1969
ment has added about 1,200 re-
trict yesterday, bringing the num-
400
during heroin epidemic
As of Wednesday, 63 juveniles
cruits. It has deployed more officers
her of homicides in 1990 to 436-a
had been charged with homicide,
372
just two fewer than in 1989, and a
at night, when homicides generally
record for the third consecutive
300
occur, and recently formed a 100-
year.
sign that the number of young kill-
member unit to combat street vi-
The upward spiral of violence
ers continues be significant. It is a
olence.
that began in 1986 has now claimed
5225
relatively recent phenomenon for
200
223
200
194
police, who recorded 60 juvenile
At the same time, a city some-
1.661 lives in the city,
186
175
194
The killings have continued to
arrests for homicide between 1980
times referred to as the murder
100
148
and 1987. The number of juvenile
capital of the country saw Mayor
increase despite evidence that drug
'80
'81
'82
'83
'84
'85
'86
'87
use in the city-the prime reason
'88
'89
'90
victims is down this year-28, com-
Marion Barry convicted of cocaine
Number of homicides to date
for the wave of intensified vio-
pared with 40 for all of 1989.
possession, a wrenching spectacle
SOURCE: Metropolitan Police Department
BY RICHARD FURNO-- THE WASHINGTON POST
lence-is declining.
"At the rate we're going, the
that highlighted the destructive na-
Chief Isaac Fulwood Jr., who has
next generation is going to be ex-
ture of drug addiction. There have
The proportion of slayings clas-
There's no other way to describe
sified by police as drug-related has
vowed to resign if the homicide rate
tinct," said Lt. Reginald Smith, a
been drug-related kidnappings and
it."
fallen from 66 percent in 1988 to
doesn't decline.
department spokesman.
executions, a "mob-style" hit in
It is a theme Fulwood has
Fulwood, who said he was sad-
which the victims' faces were bound
52 percent last year to 39 percent
"The community is still not angry
this year, according to police sta-
sounded in the past, arguing that
enough about death and violence on
dened by the homicide record,
in duct tape, a killing over a leather
the police department alone cannot
tistics.
stood by his VOW that he would re-
jacket and the beating death of an
the streets of Washington, D.C.,"
The number of juveniles and
address what he calls society's
sign if the rate does not decline. He
elderly widow. Weeks after his con-
"T
Fulwood said yesterday at a news
skewed sense of values.
adults testing positive for drug use
said he has not set a fixed date, but
viction, Barry was calling for the
he community is still not
conference to announce a new hol-
The violence of the last few
after being arrested has dropped
has expressed his views "briefly" to
National Guard to work the
angry enough about death and
iday police detail. "We have to get a
years-which seemed to spin out of
slightly in the last year.
Mayor-Elect Sharon Pratt Dixon.
streets-a proposal he later
lot more angry about young people
control about 1987, when the wave
All that makes the homicide rec-
"You never set a deadline for
dropped.
violence on the streets of
being killed.
ord frustrating to police, especially
of crack cocaine hit Washington's
"People in this city love drugs.
yourself, but you always weigh what
Just why the number of homi-
Washington, D.C.
streets-bas had a profound and
your options are," Fulwood said. "A
See HOMICIDES, A8, Col. 1
- D.C. Police Chief Isaac Fulwood Jr.
OVER
MATTER OF TECHNIQUE
TRENTON, N.J.-The Supreme
Court of New Jersey has decided
Why do we tolerate
that the act of purse-snatching does
abuses of justice
not necessarily constitute robbery.
Rather, it depends on how the
that let the innocent
purse is snatched.
suffer and wrongdoers
Robbery, which carries more se-
go unpunished?
vere penalties than plain old theft, is
legally defined
as a crime in
which the per-
petrator in-
CRIME &
flicts injury, or
otherwise uses
force or the
PUNISHMENT
threat of force,
while commit-
ting a theft.
(U.S.A.)
In this par-
ticular case, Edythe Williams had
just cashed a check in a conven-
ience store and was on the way to
her car when Francisco Sein
grabbed her purse and ran off
with it.
Sein was apprehended and later
convicted of robbery. However, the
state Supreme Court ordered that
the original charge be changed to
A COMPILATION
theft, a lesser crime.
The court, in overruling Sein's
robbery conviction, said: "There
ALL ABOUT FREEDOM:
was no evidence that the defend-
ant used any force other than that
PHILADELPHIA-Shervonne Pry-
required to slide the purse from
or was cleared of murder charges.
beneath Mrs. Williams's arm."
But she seemed angry with herself
So that guy grabbing your purse
for having to stand trial, accused of
may be a robber or a thief; it all
suffocating her two-year-old
depends on how smooth he is.
daughter, Lakeesha. "IfI just would
-Charles Osgood, CBS
have kept my mouth shut, nobody
THE OSGOOD FILE (MAY 22, 91). c 1991 BY CBS INC.; PHILADELPHIA DAILY. NEWS (APRIL 11, 91). © 1991 BY THE
PHILADELPHIA DAILY NEWS; INSIGHT (MARCH 5, 90), © 1990 BY WASHINGTON TIMES CORP.; AP RELEASE (NOVEMBER '91),
5'
c 1991 BY THE ASSOCIATED PRESS; LOS ANGELES TIMES (DECEMBER 18, 90) © 1990 BY THE LOS ANGELES TIMES CO.;
TAMPA TRIBUNE (SEPTEMBER 17. 913. © 1991 BY THE TAMPA TRIBUNE. ILLUSTRATION: PAUL VACCARELLO/NOI VIVA
READER'S DIGEST
March
would have known what had hap-
currently serving a 20- to 40-year
pened to Lakeesha," Pryor said.
term for second-degree murder.
The prosecution claimed that
Since age 17, Phillips has been try-
Pryor had told a social worker she
ing to look more feminine through
put a pillow over Lakeesha's face
plastic surgery and estrogen thera-
because the child was crying. Dr.
py, hoping eventually to have a sex-
Robert Segal, the medical examiner,
change operation. He was receiving
found that the little girl was
estrogen daily at one state prison,
plunged into a coma from which
but a doctor at the Riverside Cor-
she never recovered. Pryor's three
rectional Facility, where he was
other children had been placed in
transferred in. October 1988, re-
foster homes.
fused to continue the treatment. In
Everything worked out all right
his order to resume the estrogen
for Pryor, though. Judge Lisa Ri-
doses, U.S. District Judge Richard
chette said the evidence did not
A. Enslen chastised the doctor. for
convince her beyond a reasonable
lacking "empathy for Marty Phil-
doubt that murder had been com-
lips's attempt to heal herself."
mitted. Pryor's lawyer had con-
Phillips's lawsuit charging that
tended that testimony by Dr. Segal
the prison ignored his medical
revealed that if Pryor had not ad-
needs in violation of the Eighth
mitted putting a pillow over the
Amendment's ban on cruel and
child's face, he would not have listed
unusual punishment was eventually
Lakeesha's death as a homicide.
dismissed. The doctor at his prison
"Shervonne Pryor has thumbed
will not discuss whether Phillips is
her nose at the court," said a frus-
now receiving hormone therapy.
trated prosecutor.
-Monica Powell in Insight
As for Pryor: "I am kind of glad
GOOD BOOK BANNED
the kids are gone," she told detec-
tives. "Now I can go out and do what
YORK, PA.-The Supreme Court
I want. It's all about freedom."
of Pennsylvania vacated a convict-
-Dave Racher in Philadelphia
ed murderer's death sentence, or-
Daily News
dering a new sentence hearing,
PRISONER:HEAL THYSELF
because the prosecutor quoted the
Bible in closing arguments.
KALAMAZOO, MICH.-A federal
Karl S. Chambers, 28, was con-
judge in Michigan issued a prelimi-
victed of beating to death 70-year-
nary injunction ordering state prison
old Anna Mae Morris while robbing
officials to provide daily doses of
her. The same jury that convicted
estrogen to a male inmate who
Chambers agreed on the death
hopes one day to become a woman.
penalty.
Marty Phillips, formerly em-
During the penalty phase of
ployed as a female impersonator, is
Chambers's trial, District Attorney
52
1992
CRIME & PUNISHMENT (U.S.A.)
H. Stanley Rebert told the jury,
that is exactly what Kennon got.
"Karl Chambers has taken a life.
The district attorney's office, citing
As the Bible says, 'And the murder-
problems with evidence, allowed
er shall be put to death."
Kennon to plead guilty to posses-
Justice Nicholas P. Papadakos,
sion, and the remaining charge was
writing for the state Supreme
dropped.
Court, warned prosecutors that
Superior Court Judge J. D. Smith
they could be subject to disciplinary
then sentenced her to six months in
action if they cited the Bible or
jail to be followed by five years'
other religious works in support of
probation. He also ordered that
a death penalty.
Kennon undergo periodic drug
"Ludicrous!" Rebert called the
testing and pay a $100 fine.
high court's opinion. "I don't know
After her release from jail,
of any God-fearing prosecutor that
Kennon was arrested for violating
has not used some scriptural refer-
probation. Smith sentenced her
ence in arguing to a jury." -AP
to two years in state prison and
CLEAR MESSAGE
then immediately suspended the
sentence.
Los ANGELES-After receiving
-David Freed in Los Angeles Times
complaints from neighbors that
WRONG CHARGE
Eloise Kennon, 45, was dealing
drugs, narcotics officers raided her
BARTOW, FLA.-Lee Curtis Da-
home. Kennon, who had been sell-
vis, 48, sentenced to life for sexual
ing PCP-laced cigarettes for more
battery (Florida's legal term for rape)
than eight months, was charged
of a 13-year-old girl with muscular
with maintaining a place to sell
dystrophy, walked free because his
controlled substances and posses-
victim wasn't helpless enough.
sion for sale of PCP-crimes that
The 2nd District Court of Ap-
together carry a maximum of five
peal ruled that Davis was prosecuted
years in prison.
under the wrong charge in his 1987
Kennon had been arrested at
trial. Sexual battery of a physically
least 16 times previously, includ-
helpless person-defined by statute
ing four times for possession of
as someone "asleep, unconscious or
other dangerous drugs. She had
physically unable to communicate
done eight brief stints in jail, all
unwillingness"-did not apply be-
before 1975.
cause the victim screamed for help
"In order to send a loud and
and tried to push away her assailant.
clear message," a probation officer
Ultimately, Davis was resen-
wrote, "state prison is the only rea-
tenced to one year in jail on two
sonable recommendation. Defend-
counts of misdemeanor battery. He
ant is ineligible for probation."
was given credit for time served
But, after serving six months,
and released.
-Tampa Tribune
53
Study Puts Probationers' Rearrest Rate at 43%
A Justice Department study released yesterday found
sible evidence of a lower likelihood of rearrest," the
43 percent of state felons sentenced to probation were
study says.
rearrested within three years on a new felony charge.
Robbers, burglars and those convicted of drug pos-
More than a third of those rearrested were charged
session had the highest rearrest rates. Those sentenced
with a property offense, a third were charged with a
to intensive supervision had a higher rearrest rate than
drug offense, and a fifth were charged with a violent
those sentenced to routine supervision. Patrick A. Lan-
offense.
gan, one of two authors of the study, said that result
The researchers tracked 79,000 felons in 17 states
was "not surprising" because judges use intensive pro-
who were sentenced to probation in 1986. The 53 per-
bation programs for the more high-risk offenders.
cent of the offenders with a drug-abuse problem were
A much smaller 1986 study by the Rand Corp. had
more likely to be rearrested than the others, the study
similar findings. Of 511 prisoners sentenced to proba-
found. The researchers also found judges did not re-
tion in California, 63 percent were rearrested within
quire drug testing or treatment for 42 percent of those
two years. Rand researchers have also found that of-
known to have a drug problem.
fenders sentenced to intensive probation programs had
"The probationer's compliance with special condi-
a slightly higher rearrest rate than those sentenced to
tions of drug testing or treatment
does provide pos-
routine supervision.
WPost
TEN DEADLY MYTHS ABOUT CRIME AND
PUNISHMENT IN THE U.S.
by Charles H. Logan & John J. Dilulio, Jr.
In the The American
F
alse ideas
can have
Heritage Dictionary,
tragic con-
myth is defined in
sequences. For the last
four ways, including
quarter-century, a
a "fiction or half-
network of anti-incar-
truth, especially one
ceration, pro-prisoner
that forms part of the
analysts, activists,
ideology of a soci-
lawyers, lobbyists,
ety"; for example,
journalists, and judges
"the myth of racial
has perpetuated a
superiority." The
number of false ideas
false ideas about
about crime and pun-
crime and punish-
ishment in the U.S. For
ment in the U.S. that
average law-abiding
Craig Smallish
we wish to challenge
American citizens, if
are myths in that
not for predatory
sense. As we will
street criminals and elite penal reformers, the
show, in some cases the ideas are flatly untrue;
consequences of these false ideas have been
in other cases, they are more or less skillful,
quite tragic indeed. As these ideas have been
more or less well-publicized exaggerations of
carved into federal, state, and local penal codes,
half-truths. But, in all cases, they are byproducts
they have succeeded in making it easier for the
of an ideological vision in which punishing all
criminals to hit, rape, rob, burglarize, deal
save the most vicious chronic criminals is con-
drugs, and murder with impunity. Worse,
sidered either morally illegitimate, or socially
they have succeeded in concentrating such
counterproductive, or both. For the purposes
criminal mischief in economically distressed
inner-city neighborhoods, inviting the crimi-
nal predators of these areas to repeatedly vic-
timize their struggling underclass neighbors.
Charles H. Logan is Professor of Sociology at the Uni-
In this essay, we propose to identify and
versity of Connecticut; his latest book is Private Prisons:
rebut ten deadly ideas about crime and pun-
Cons and Pros (Oxford, 1990).
ishment in the U.S. Before we do so, however,
John J. Dilulio Jr. is Professor of Politics and Public
three cautions are in order.
Affairs at Princeton University; his latest book is No
First, we refer to these ideas as "myths."
Escape: The Future of American Corrections (Basic,
1991).
Wisconsin Interest
21
of the present essay we shall confine ourselves
the National Institute of Justice, has pointed
to the discussion of ten particular myths about
out, inner city areas where crime is rampant
crime and punishment in the U.S., driving our
have tremendous potential for economic
points through the gaping empirical and other
growth, given their infrastructure of railways,
holes in each of them, and suggesting what a
highways, electric power, water systems, and
truer, or at least a more balanced, vision of the
large supply of available labor.¹ There is every
realities in question might be.
reason for these areas to be wealthy and, indeed,
Second, our list of ten is by no means
many of them have been rich in the past. But
exhaustive. There are other myths that could
crime takes a terrible toll on physical, fiscal,
as easily come in for critical scrutiny, such as
and human capital, making it difficult to ac-
the myth that building new prisons encourages
cumulate wealth and break out of the cycle of
the courts to fill them up, while a moratorium
poverty. Criminals steal and destroy property,
on prison construction will prevent that out-
drive away customers and investors, reduce
come. Tempted though we are to try and clean
property values, and depreciate the quality of
up each and every myth, data availability,
life in a neighborhood. Businesses close and
interpretive range, and space have limited us
working families move away, leaving behind a
to rounding up the ten "worst offenders" be-
vacuum of opportunity. As Stewart says, crime
low.
"is the ultimate tax on enterprise The natural
Third, we do not believe that most of those
dynamic of the marketplace cannot assert itself
who have perpetrated these myths have done
when a local economy is regulated by crime."2
so with any sort of malicious intent. Instead,
What these areas need most from government
we believe that their intentions have been good,
is not economic intervention but physical
but that they have been blinded by ideology to
protection and security. The struggling inner-
the connection between the false ideas they
city dwellers whom sociologist William Julius
have pushed, and the dire human and financial
Wilson has dubbed "the truly disad vantaged"
consequences that have resulted.
deserve greater protection from their truly
deviant neighbors.
Myth One: Crime in the U.S. is caused by
People who are poor, uneducated, un-
poverty, chronic unemployment, and other
skilled, and unemployed may need and deserve
socio-economic factors.
help, but not because of their alleged propen-
sity toward crime. In high crime urban areas,
Many academic criminologists, most of
most poor people do not commit serious crimes.
whom are sociologists, believe that capitalism
Fighting poverty and other problems only
produces pockets of poverty, inequality, and
where, when, and because they are associated
unemployment, which then foster crime. The
with crime would be an injustice to those who
solution, they believe, is government interven-
are neediest. It also would not succeed; that
tion to provide jobs, stimulate the economy,
was the lesson of the 1960s and 70s, when the
and reduce poverty and other social ills. There
Great Society and its massive War on Poverty
certainly is a correlation between the geogra-
stemmed neither inner-city poverty nor crime.³
phy of crime and the geography of certain
Economists, like sociologists, see a relation
socio-economic factors, but to interpret the
between economic conditions and crime, but
correlation as evidence that poverty causes
the connection they make is much more
crime is to get it just about backwards.
straightforward. They see criminal behavior,
As James K. Stewart, former Director of
like all behavior, as a rational response to in-
22
Wisconsin Interest
centives and opportunities Statistical analyses
Prison populations have risen sharply over
have provided only mixed and limited evi-
the last decade; that much is true. The myth is
dence that levels of arrest and imprisonment
that this is due to an unprecedented and purely
may have deterrent effects, but as a matter of
political wave of punitivity sweeping the na-
both theory and common sense, the belief that
tion, as epitomized by the War on Drugs and
criminal behavior is responsive to reward and
by legislative demands for longer and manda-
punishment has considerable strength.
tory sentences. Several elements of this myth
Crime rates rose during the 60s and early
are shattered by a meticulous and authorita-
70s, then fell during the 80s. In contrast, im-
tive article published recently in Science by
prisonment rates as a percentage of crimes fell
Patrick A. Langan, a statistician at the Bureau
during the 60s and early 70s, then rose during
of Justice Statistics.⁷
the 80s.4 A deterrence-minded economist
Langan examined the tremendous increase
looking at these mirrored trends would say
in state prison populations from 1973 to 1986.
that crime rose and fell in response to its ex-
He determined that the growth was due to
pected cost in terms of pun-
increases in prison admis-
ishment.⁵ An interpretation
sions, rather than to (alleged
more favored by sociologists
Crime rates
but nonexistent) increases in
is that crime rose and fell as
rose during
sentence length or time
the "baby boom" cohort of
served. He estimated that
young men in the popula-
the 60s
about 20 percent of the
tion moved through their
and early
growth in admissions could
most crime-prone years.
be accounted for by demo-
Economist Bruce Benson
70s, then fell
graphic shifts in age and race.
notes, however, that this "al-
during the
Increases in crime were off-
ternative" interpretation still
80s.
set by decreases in the prob-
requires some further expla-
ability of arrest, with the re-
nation of why it is that young
sult that combined changes
men are more prone to
in crime and arrest rates ac-
commit crimes. He provides an economist's
counted for only 9 percent of admissions
answer: the opportunity costs of crime are
growth. Increased drug arrests and impris-
lower for this group than for others. "Wages
onments contributed only 8 percent.⁸ By far
for young people are low, and their unemploy-
the strongest determinant, explaining 51% of
ment is always substantially higher than for
growth in prison admissions, was an increase
the older population. In addition, punishment
in the post-arrest probabilities of conviction
for young criminals tends to be less severe,
and incarceration.⁹ Prosecutors convicted more
particularly for those under eighteen who are
felons, judges imposed more prison sentences,
prosecuted as juveniles. Even- for those over
and more violators of probation or parole were
18, punishment may be less severe in a relative
sent or returned to prison. The data suggest
sense."6
that the system may have gotten more efficient
but not harsher.
Myth Two: In the 1980s, the U.S. enacted
A column in the Washington Post captures
all sorts of "get tough on crime" legislation
well the form and spirit of the "imprisonment
and went on an incarceration binge.
binge" myth.¹⁰ In "The Great American
Lockup," Franklin E. Zimring, a professor of
Wisconsin Interest
23
law at Berkeley, claims that we are more puni-
data prior to about 1980.
tive now than ever before in history, that the
rising tide of imprisonment is a matter of over-
Myth Three: Our prisons hold large num-
zealous policy rather than a response to need,
bers of petty offenders who should not be there.
and that we must come to our senses and
reverse an essentially irrational imprisonment
Tom Wicker, writing in the New York Times,
policy.
asks: "Why does our nation spend such an
When Professor Zimring says that we are
exorbitant amount of money each year to
experiencing a "100-year peak in rates of im-
warehouse petty criminals?"¹³ He takes his
prisonment," he does not inform the reader
question, and its underlying assumption, from
that this is true only when you measure im-
a study by the National Council on Crime and
prisonment on a crude per capita basis. If,
Delinquency (NCCD), which he summarizes
however, you wish to describe the punitivity of
as finding "that 80 percent of those going to
our imprisonment rate, you need to measure
prison are not serious or violent criminals but
the amount of imprisonment relative to the
are guilty of low-level offenses: minor parole
number of crimes for which people may be
violations, property, drug and public disorder
sent to prison. To get an even more complete
crimes." Neither Wicker's account nor the
measure of punitivity, you should multiply
NCCD's own summary, however, is supported
this probability of imprisonment by the length
by the data. 14
of time served. When just such an index is
The NCCD study invol interviews with
examined for all the years in which it is avail-
154 incoming prisoners in three states. 15 Based
able, 1960 through 1986, it becomes clear that
primarily on "facts" related by these new
we have not been marching steadily forward
convicts, their crimes were classified as "petty,"
to an all-time high in punitivity. Instead, this
"medium serious," "serious," or "very seri-
index of "expected days of imprisonment" fell
ous." While the NCCD claims in its summary
steadily from its high in 1959 (93 days) to about
that the "vast majority of inmates are sentenced
one seventh of that figure in 1975 (14 days).
for petty crimes," we discover in the body of
From 1975 through 1986 it returned to about
the report that "inmates" refers to just the
one-fifth (19 days) of its 1960 level. 11 Even if we
entering cohort and not all inmates, that "vast
ignore the factor of time served and look only
majority" refers to 52.6 percent, and that "petty
at prison commitments divided by crimes, we
crimes" refers to acts that most Americans
see much the same pattern. In 1960 there were
believe it is appropriate to punish by some
62 prison commitments per 1,000 Uniform
period of incarceration.
Crime Index offenses; that number fell to 23 in
Since more serious offenders receive longer
1970, remained relatively stable during the
sentences (and therefore accumulate in prison),
1970s, then climbed from 25 back to 62 between
the profile of incoming offenders differs sig-
1980 and 1989. 12
nificantly from that of the total population.
Thus, when we look at imprisonment per
The NCCD study is based on this distinction,
crime rather than per capita, and over 30 rather
but obscures it by referring always to "inmates,"
than 10 years, we see that our punishment level
rather than "entering inmates."
is not rocketing to a new high but recovering
A careful reader will find buried in the
from a plunge. The myth of the imprisonment
NCCD report sufficient information to calcu-
binge requires that we focus only on punish-
late that 25.4 percent of the sample were men
ment and not on crime, and that we ignore all
whose conviction offense was categorized by
24
Wisconsin Interest
the researchers as "petty" but who revealed to
derstand, but NCCD does not, is that it is not
the interviewers that they were high rate of-
just the amount of money or other material
fenders who were committed to a criminal
harm that makes a property crime like bur-
lifestyle. If that fact was revealed also to the
glary or robbery serious rather than petty. It is
judge, in the form of a prior criminal record, it
the breach of an individual's security and the
would have been a valid factor in sentencing.
violation of those rights (to property and per-
In any case, shouldn't these 25.4 percent have
son) that form the foundation of a free society.
been added to the 47.4 percent whose crimes
Moreover, the NCCD dichotomy of crimes
were in some degree "serious" (i.e., more than
into "serious" and "petty" omits several fac-
"petty")? Then the study would show that
tors that are very important both legally and
nearly three-quarters of new admissions are
morally. These include the number of counts
either serious or high-rate offenders. And that
and the offender's prior record, both of which
does not even count 21 percent of the sample
the law recognizes as legitimate criteria in de-
who, while not identified as high rate offend-
termining the culpability of offenders and the
ers, were described as hav-
gravity of their acts.
ing been on a "crime spree"
Comprehensive na-
at the time of their commit-
U. S. prison
tional data from the Bureau
ment offense.
of Justice Statistics show that
The major fallacy in the
populations
U.S. prison populations
NCCD study, however, was
consist
consist overwhelmingly of
in concluding that certain
violent or repeat offenders,
property crimes are
overwhelmingly
with little change in demo-
"petty"-and therefore
of violent or
graphic or offense character-
undeserving of punishment
istics from 1979 to 1986.¹
by imprisonment-merely
repeat offenders.
There may be individuals in
because they score low on a
prison who do not deserve
scale of "offense severity"
to be there, and there may be
developed in 1978. For ex-
some crimes now defined as
ample, burglary of a home resulting in a loss of
felonies that ought to be redefined as misde-
$1,000 received a relatively low score on the
meanors or decriminalized altogether (some
severity scale, albeit higher than some descrip-
would argue this for drug crimes). But most
tions of robbery, assault requiring medical
people now in prison are not what most of the
treatment, bribery, auto theft for resale, em-
public would regard as "petty" offenders.
bezzlement of $1,000, and many other offenses.
A severity score, however, does not tell us
Myth Four: Prisons are filthy, violence-
what punishment is proper for any particular
ridden, and overcrowded human warehouses
crime. In a recent survey, an overwhelming
that function as schools of crime.
majority (81 percent) of Americans said that
some time in jail or prison was a proper pun-
There are two popular and competing
ishment for a residential burglary with a $1,000
images of American prisons. In one image, all
loss. A clear majority (57 percent) thought jail
or most prisons are hell holes. In the other
or prison was appropriate even for a nonresi-
image, all or most prisons are country clubs.
dential burglary resulting in only a $10 loss. 16
Each image fits some prisons. But the vast
What the American public seems to un-
majority of prisons in the U.S. today are neither
Wisconsin Interest
25
hell holes nor country clubs. Instead, most
have produced dramatic increases in prison
American prisons do a pretty decent job of
violence, illness, and hostility, modern research
protecting inmates from each other, providing
has failed to establish any conclusive link be-
them with basic amenities (decent food, clean
tween current prison spatial and social densi-
quarters, recreational equipment), offering
ties and these problems."¹ Even more com-
them basic services (educational programs,
pelling was the conclusion reached in a recent
work opportunities), and doing so in a way
and exhaustive survey of the empirical litera-
that ensures prisoners their basic constitutional
tures bearing on the "pains of imprisonment."
and legal rights.
This conclusioni is worth quoting at some length:
It is certainly true that most prison systems
"To date, the incarceration literature has
now hold more prisoners than they did a decade
been very much influenced by a pains of im-
ago. The Federal Bureau of Prisons, for ex-
prisonment model. This model views impris-
ample, is operating at over. 160 percent of its
onment as psychologically harmful. However,
"design capacity;" that is, federal prisons house
the empirical data we reviewed question the
60 percent more prisoners than they were de-
validity of the view that imprisonment is uni-
signed to hold. When the federal prison
versally painful. Solitary confinement, under
agency's current multi-billion dollar expansion
limiting and humane conditions, long-term
program is completed, it will still house about
imprisonment, and short-term detention fail to
40 percent more inmates than its buildings
show detrimental effects. From a physical
were designed to hold. That is by no means an
health standpoint, inmates appear more healthy
ideal picture, and much the same picture can
than their community counterparts."20
indeed be painted for dozens of jurisdictions
Normally, those who for ideological or
around the country.
other reasons are inclined to paint a bleaker
Contrary to the popular lore and propa-
portrait of U.S. prison conditions than is justi-
ganda, however, the consequences of prison
fied by the facts respond to such evidence with
crowding vary widely both within and between
counterveiling anecdotes about a given prison
prison systems, and in every careful empirical
or prison system. Perhaps because good news
study of the subject, the widely-believed
is no news, most media pundits lap up these
negative effects of crowding-violence, pro-
unrepresentative prison horror stories and
gram disruption, health problems, and so on-
report on "powder keg conditions" behind
are nowhere to be found. More broadly, sev-
bars. And when a prison riot occurs, it is now
eral recent analyses have exploded the facile
de rigueur for "experts" to ascribe the incident
belief that contemporary prison conditions are
to "overcrowding" and other "underlying fac-
unhealthy and harmful to inmates.
tors." For selfish and short-sighted reasons,
For example, in a study of over 180,000
some prison officials are all too willing to go
housing units at 694 state prisons, the Bureau
along with the farce. It is easier for them to join
of Justice Statistics reported that the most
in a Greek chorus about the evils of prison
overcrowded maximum-security prisons had
crowding than it is for them to admit that their
a rate of homicide lower than that of moder-
own poor leadership and management were
ately crowded prisons and about the same as
wholly or partially responsible for the trouble
that of prisons that were not crowded. 18 By the
(as it so often is).
same token, a recent review of the prison
Indeed, recent comparative analyses of
crowding literature rightly concluded that,
how different prison administrators have
"despite familiar claims that crowded prisons
handled crowding and other problems under
26
Wisconsin Interest
like conditions suggests that the quality of life
but the notion that most or all prisons in the
behind bars is mainly a function of how pris-
U.S. are little better than crowded human
ons are organized, led, and managed.²¹
warehouses that breed crime and other ills.
Overwhelmingly, the evidence shows that
crowded prisons can be safe and humane, while
Myth Five: The U.S. criminal justice
prisons with serious problems often suffered
system is shot through with racial discrimina-
the same or worse problems before they were
tion.
crowded. In short, the quality of prison life
Most law-abiding Americans think that
varies mainly according to the quality of prison
criminal sanctions are normally imposed on
management, and the quality of prison life in
people who have been duly convicted of crimi-
the U.S. today is generally quite good.
nally violating the life, liberty, and property of
More specifically, contrary to the widely-
their fellow citizens. Many critics, however,
influential "nothing works" school of prison-
harbor a different, ostensibly more sophisti-
based criminal rehabilitation programs, cor-
cated view. They see prisons as instruments of
rectional administrators in a
"social control." To them,
number of jurisdictions have
America is an oppressive,
instituted a variety of pro-
The system now
racist society, and prisons are
grams that serve as effective
management tools, and ap-
permits poor
a none-too-subtle way of
subjugating the nation's
pear to increase the probabil-
and minority
poor and minority popula-
ity that prisoners who par-
citizens to be
tions. Thus are roughly one
ticipate in them will go
of every nine adult African-
straight upon their release.
victimized
American males in this
Recent empirical studies in-
readily and
country now under some
dicate that prisoners who
form of correctional super-
participate in certain types of
repeatedly.
vision-in prison, in jail, on
drug abuse, counseling, and
probation, or on parole. And
work-based programs may
thus in the "conservative"
be less likely than otherwise comparable pris-
1980s was this "net of social control" cast over
oners to return to prison once they return to the
nearly a quarter of young African-American
streets, as over 95 percent of all prisoners even-
males in many jurisdictions.
tually do.²²
There are at least three reasons why such
Unfortunately, the recent spate of analy-
race-based understandings of the U.S. criminal
ses that support this encouraging conclusion
justice system are highly suspect at best. First,
remain empirically thin, technically complex,
once one controls for socio-economic and re-
and highly speculative. Moreover, each of the
lated factors, there is simply no empirical evi-
successful programs embodies a type of highly
dence to support the view that African-Ameri-
compassionate yet no-nonsense management
cans, or the members of other racial and ethnic
approach that may be easier to describe in print
minorities in the U.S., are far more likely than
than to emulate in practice or export widely.
Whites to be arrested, booked, indicted, fully
But, taken together with the more general facts
prosecuted, convicted, be denied probation,
and findings mentioned above, these stud-
incarcerated, disciplined while in custody (ad-
ies-and the simple reality that most of those
ministrative segregation), or be denied fur-
released from prison never return there-re-
loughs or parole.
Wisconsin Interest
27
In one recent study, for example, the
rections officials crack down on inner-city
RAND Corporation found that "a defendant's
criminals, than the predominantly minority
racial or ethnic group bore little or no relation-
citizens of these communities themselves.
ship to conviction rates, disposition times" and
The U.S. criminal justice system, there-
other adjudication outcomes in 14 large urban
fore, may be biased, but not in the way that
jurisdictions across the country.² Instead, the
elite, anti-incarceration. penal reformers gener-
study found that such mundane factors as the
ally suppose. Relative to Whites and more
amount of evidence against a defendant, and
affluent citizens generally, the system now
whether or not a credible eyewitness testified,
permits poor and minority citizens to be vic-
were strongly related to outcomes. This study
timized readily and repeatedly: The rich get
echoed the findings of several previous em-
richer, the poor get poorly protected against
pirical analyses.24
the criminals in their midst. The system is thus
Second, the 1980s were many things, but
rigged in favor of those who advocate com-
they were not a time when the fraction of
munity-based alternatives to incarceration and
African-Americans behind prison bars sky-
other measures that return violent, repeat, and
rocketed. In a recent report, the Bureau of
violent repeat offenders to poor, drug-ravaged,
Justice Statistics revealed that the number of
minority communities far from the elites' own
African-Americans as a percentage of the state
well-protected homes, offices, and suites.
prison population "has changed little since-
1974; 47% in 1974, 48% in 1979, and 47% in
Myth Six: Prisons in the U.S. are prohibi-
1986." 25 It is certainly true that the imprison-
tively expensive.
ment rate for African-Americans has been, and
continues to be, far higher than for Whites. For
Certainly, no sane citizen relishes spend-
example, in 1986 the rate of admission to prison
ing public money on prisons and prisoners. A
per 100,000 residential population was 342 for
tax dollar spent to confine a criminal is a tax
African-Americans and 63 for Whites.² But it
dollar not spent to house the homeless, educate
is also true that crime rates are much higher for
the young, or assist the handicapped. There
the former group than for the latter.
are many intrinsically rewarding civic ventures,
Finally, it is well-known that most crime
but the imprisonment of wrongdoers is hardly
committed by poor minority citizens is com-
at the top of anyone's list.
mitted against poor minority citizens. The
Nevertheless, it is morally myopic, and
typical victims of predatory ghetto criminals
conceptually and empirically moronic, to argue
are innocent ghetto dwellers and their children,
that public money spent on prisons and pris-
not middle- or upper-class Whites.²⁷ For ex-
oners is public money wasted. That, however,
ample, the best available data indicate that
is precisely what legions of critics have argued.
over 85 percent of single-offender crimes of
To begin, nobody really knows how much
violence committed by Blacks are committed
the U.S. now spends each year to construct,
against Blacks, while over 75% of such crimes
renovate, administer, and finance prisons.
committed by Whites are committed against
Widely-cited estimates range from $20 billion
Whites.² And if every credible opinion poll
to over $40 billion. Corrections expenditures
and victimization survey is to be believed, no
by government have been growing rapidly of
group suffers more from violent street crime,
late; in New Jersey, for example, the corrections
"petty" thefts, and drug dealing, and no group
budget has increased five-fold since 1978, and
is more eager to have courts, cops, and cor-
corrections threatens to become the largest
28
Wisconsin Interest
single item in many state budgets. But viewed
behind bars?
as a fraction of total government spending, in
At least one thing they would lose is per-
the 1980s the amount spent on corrections was
sonal and property protection against the
trivial; for example, despite enormous growth
criminals. In simplest terms, if the typical
in the Federal Bureau of Prisons, less than one
street criminal commits X crimes per year, then
penny of every federal dollar went to correc-
the benefit to society of locking him up is to be
tions. Just the same, estimating the costs of
protected against the X crimes he would have
corrections in general, and of prisons in par-
done if he were free. Thus, if the typical of-
ticular, is an exceedingly complex business to
fender committed only one petty property
which competent analysts have given only
crime per year, then paying thousands and
scant attention. Still, it is possible to get a
thousands of dollars to keep him confined
conceptual and empirical handle on the finan-
would be a bad social investment. But if he
cial costs and benefits of imprisonment in the
committed a dozen serious property or violent
U.S. today.
crimes each year, then the social benefits of
When critics assert that
keeping him imprisoned
we are spending "too much"
might well exceed the social
on imprisonment, we must
ask "too much relative to
The net social
costs of doing so.
Is imprisonment in the
what?" Is it the case, for ex-
benefits of
U.S. today worth the money
ample, that the marginal tax
dollar invested in low-in-
imprisonment
spent on it? While critics
assert that it is not, only a
come housing, inner-city
could well meet
few serious efforts have been
high schools, or programs for
or exceed the
made to grapple with this
the disabled poor would
costs.
question.³ The first such
yield a greater social benefit
effort was made in 1987 by
than the same dollar invested
National Institute of Justice
in constructing or adminis-
economist Edwin W.
tering new prison cells? The
Zedlewski.³ Zedlewski sur-
heart says yes, but the answer is far from
veyed cost data from several prison systems
obvious. Meaningful benefit-cost analyses of
and estimated that the annual per prisoner cost
such competing public purposes are hard to
of confinement was $25,000. Using national
conduct, and great difficulties attend any seri-
crime data and the findings of criminal victim-
ous effort to quantify and compare the costs
ization surveys, he estimated that the typical
and benefits of this versus that use of public
offender commits 187 crimes per year, and that
money. It is somewhat easier, but still prob-
the typical crime exacts $2,300 in property
lematic, to ask what benefits we would forego
losses and/or in physical injuries and human
if we did not use public money for-a given
suffering. Multiplying these two figures (187
purpose. For example, U.S. taxpayers now
times $2,300), he calculated that, when on the
spend somewhere between $14,000 and $25,000
streets, the typical imprisoned felon was re-
to keep a convicted criminal behind bars for a
sponsible for $430,000 in "social costs" each
year. What would they lose if they chose
year. Dividing that figure by $25,000 (his esti-
instead to save their money, or apply it else-
mate of the annual per prisoner cost of confine-
where, and allowed the criminals to remain on
ment), he concluded that incarceration in prison
the streets rather than paying to keep them
has a benefit-cost ratio of just over 17. The
Wisconsin Interest 29
implications were unequivocal. According to
would be likely to deflate the benefits of im-
Zedlewski's analysis, putting 1,000 felons be-
prisonment, the study reported a benefit-cost
hind prison bars costs society $25 million per
ratio of 1.84. This does not prove that "prison
year. But not putting these same felons behind
pays"; indeed, the Brookings study suggested
prison bars costs society about $430 million per
that, for the lowest-level offenders, imprison-
year (187,000 crimes times $2,300 per crime).
ment probably is not a good social investment.
There were, however, some flaws in
But it does indicate that the net social benefits
Zedlewski's study. For example, he used dated
of imprisonment could well meet or exceed the
data from a RAND prisoner self-report survey
costs.
of prison and jail inmates in Texas, Michigan,
At a minimum, the studies discussed above
and California. The inmates in the survey
cast grave doubts over the notion that prisons
averaged between 187 and 287 crimes per year,
clearly "cost too much," either in absolute terms
exclusive of drug deals. He opted for the lower
or relative to alternate uses of the public monies
bound of 187. But the same RAND survey also
that now go to build and administer penal
found that half the inmate population commit-
facilities. What we simply do not know at this
ted fewer than 15 crimes per year, so that the.
point is whether any given alternative to incar-
median number of crimes committed was 15.
ceration yields as much relative to costs as
There are plenty of good analytical reasons for
imprisonment apparently does. Recent stud-
using the median rather than the average in a
ies have put question marks over several strictly
benefit-cost study of this type. Making this one
supervised community-based correctional
adjustment (using 15 rather than 187 for the
programs that might well represent a better
number of crimes averted through incapacita-
investment than imprisonment for certain
tion of an offender) reduces the benefit cost-
categories of low-level offenders.³⁴ Still, fur-
ratio to 1.38-still positive, but more credibly
ther research on the costs and benefits of im-
and realistically so.
prisonment and other correctional sanctions is
Last December one of us published a report
badly needed.
on corrections in Wisconsin that featured an
analysis of the benefits and costs of imprison-
Myth Seven: Interventions by activist
ment.³² The analysis was based on one of the
judges have improved prison and jail condi-
largest and most recent scientific prisoner self-
tions.
report surveys of inmates in a single system
ever conducted. Among a host of other inter-
In 1970, not a single prison or jail system in
esting results, the survey indicated that the
America was operating under judicial orders
prisoners committed an average of 141 crimes
to change and improve. For most of our legal
per year, exclusive of drug deals. The median
and constitutional history, prisoners were
figure was 12. Using the median to calculate,
"slaves of the state," and judges followed the
the study estimated the benefit-cost ratio to be
"hands-off" doctrine by normally deferring to
1.97.
the policies and practices of legislators and
In an attempt to satisfy the more reason-
duly appointed corrections officials.
able critics, the Wisconsin data were reanalyzed
Today, however, over three dozen cor-
and the results of the reanalysis were published
rectional agencies are operating under "condi-
in a recent edition of The Brookings Review,
tions of confinement" court orders; many have
journal of The Brookings Institution.33 But even
class action suits in progress or population
after factoring in a host of assumptions that
limits set by the courts; and several have court-
30
Wisconsin Interest
mandated early release programs that put
ing of things, working with and through the
dangerous felons right back on the streets be-
professionals who must ultimately translate
fore they have served even one-tenth of their
their orders into action, rather than relying
sentences in confinement. Despite the prolif-
solely on self-interested special masters and
eration of Reagan-and Bush-appointed judges
neatly-typed depositions.³⁷
on the federal bench, activist federal judges
Even taking into account the human and
continue to be the sovereigns of the nation's
financial accidents caused by judges driving at
cellblocks, issuing directives on a wide range
breakneck activist speed through the intersec-
of issues, including health care services, staff
tion of corrections and the Constitution, the net
training procedures, sanitation standards, food
of judicial involvement in this area is arguably
services, and the constitutionality of condi-
positive. But there is at least as much evidence
tions "in their totality." Indeed, in some prison
here for the thesis, articulated well by Nathan
systems, the texts of court orders and consent
Glazer, Lon Fuller, and other scholars, that
decrees are now used as staff training manuals
judges should limit themselves to doing what
and inmate rulebooks, and
they are schooled to do;
everything from inmate dis-
namely, to gather and weigh
ciplinary hearings to the ex-
The Sentencing
legal evidence, to analyze
act temperature of the meat
served to prisoners at supper
Project
factual and legal issues, and
to apply precedent stan-
is governed by judicial fiat.
recommends
dards in resolving disputes
There are at least three
general points that can be
racial quotas in
between parties. 38 At most,
safely made about the course
the distribution
the idea that activist judges
have helped to make prisons
and consequences of judicial
intervention into prisons and
of criminal
and jails more safe and hu-
mane is a half-truth.
jails. First, especially in the
justice.
South, but in many jurisdic-
Myth Eight: The
tions outside the South as
United States has the most
well, judicial involvement has substantially
punitive criminal justice system in the world.
raised the costs of building and administering
penal facilities.³ Second, many of the most
Over a decade ago, the National Council
significant expansions in prisoners' rights, and
on Crime and Delinquency foisted on the me-
most of the actual improvements in institu-
dia a statistic it produced in a 1979 report: in
tional conditions, made over the last two de-
terms of severity of punishment, as measured
cades were conceived and implemented by
by the number of prisoners per capita, only
professional correctional administrators, not
two countries in the world-the Soviet Union
coerced or engineered by activist judges. 36
and South Africa-were more ruthlessly re-
Third, in the small but significant fraction of
pressive than the United States. The media
interventions that have succeeded at a reason-
have been parroting this claim ever since, never
able human and financial cost, judges have
asking the NCCD why they were so willing to
proceeded incrementally rather than issuing
accept Soviet figures at face value, nor why
all-encompassing decrees. In conjunction, they
they did not include the four or five million
have vacated the serenity of their chambers for
prisoners held captive in the forced labor camps
the cellblocks to get a first-hand understand-
that have been indispensable to the Soviet
Wisconsin Interest 31
economy.39
the very high crime rate among Black males is
Well, maybe a sloppy attitude toward data
immediately buried in an avalanche of refer-
didn't matter before; we merely would have
ences to root causes, poverty, diminished op-
been a more distant third. But now the NCCD,
portunities, the gap between rich and poor,
the Soviets, and the South Africans have all
and the failure of schools, health care, and
been trumped. According to The Sentencing
other social institutions-all wrapped up as
Project, a Washington-based research group,
"the cumulative effect of American policies
the U.S. has moved into first place, with 426
regarding Black males." The report calls for
prison and jail inmates per 100,000 population,
increased spending on supposed "prevention
compared to 333 in South Africa and 268 in the
policies and services" such as education, hous-
Soviet Union. The media, including com-
ing, health care, and programs to generate
mentators as diverse as Tom Wicker and Wil-
employment. In a truly wacky expression of
liam Raspberry, have reacted just as uncritically
faith in social engineering, the report urges the
to the new figures as they did to the old ones.
General Accounting Office "to determine the
While gullibility toward Soviet statistics is
relative influence of a range of social and eco-
the most glaring, it is not the most fatal flaw in
nomic factors on crime."
this comparison, which also shows American
Most of all, the Sentencing Project advo-
incarceratic rates to be much higher than, say,
cates the expanded use of alternatives to in-
those of European countries, for which we
carceration, but with a unique twist: they rec-
have more reliable figures. The fatal flaw is
ommend racial quotas in the distribution of
very simple and very obvious: to interpret
criminal justice. Independent of any preceding
incarceration as a measure of the punitivity of
reduction in criminal behavior, the "Justice
a society, you have to divide, not by the
Department should encourage the develop-
population size, but by the number of crimes.
ment of programs and sanctions designed
More competent comparativ studies have
specifically to reduce the disproportionate in-
discovered that when you control for rates of
carceration rate of African-American males.
serious crime, the difference between the United
The Sentencing Project endorses the language
States and other countries largely, and for some
of one such program designed to reduce the
crimes completely, disappears.⁴¹ For example;
incarceration "of ethnic and minority groups
after controlling for crime rate and adjusting
where such proportion exceeds the proportion
for differences in charge reduction between
such groups represent in the general popula-
arrest and imprisonment, the U.S. in the early
tion." Methods recommended for such re-
1980s had an imprisonment rate virtually
duction include diversion from prosecution,
identical to Canada and England for theft, fell
intensive probation, alternative sentencing, and
between those two countries in the case of
parole release planning, among others.
burglary, and lagged well behind each of the
That crime rates are very high in this
others in imprisonments for robbery.⁴²
country, particularly among Black males, is an
In addition to the myth of the U.S. as the
unhappy fact. When that fact is taken into
world's most punitive nation, the Sentencing
account, it exposes as a myth the argument that
Project perpetuates in its report several of the
we are excessively punitive, relative to other
other myths we discuss in this essay. It notes
countries, in our imposition of imprisonment.
that African-American males are locked up at
A related myth is that we have failed to consider
a rate four times greater than their counter-
sanctions other than incarceration.
parts in South Africa. A fleeting reference to
32
Wisconsin Interest
Myth Nine: We don't make enough use of
It is true that about two-thirds of con-
alternatives to incarceration.
victed felons are sentenced to at least some
period of incarceration. (A felony, by defini-
According to this myth, we could reduce
tion, is punishable by a year or more in prison.)
prison crowding, avoid new construction, and
However, at any time after sentencing and
cut our annual operating costs if we would just
prior to final discharge from the criminal jus-
take greater vantage of intensive probation,
tice system, the great majority of those under
fines, electronic monitoring, community ser-
correctional supervision (74 percent in the fig-
vice, boot camps, wilderness programs, and
ures above) will be in the community and not
placement in nonsecure settings like halfway
incarcerated. In other words, they will be
houses.
experiencing an "alternative sanction" for at
It is important to distinguish the myth of
least some part of their sentence.
a supposed need for "alternative" sanctions
If one-third of convicted felons receive no
from the more valid assertion of a need for
incarceration at all, and three-quarters receive
"intermediate" sanctions.
at least some time on proba-
Norval Morris and Michael
tion or parole, how much
Tonry, among others, argue
One-third of
room is left for expanding
that, for the sake of doing
convicted felons
the use of alternatives to im-
justice and achieving pro-
receive no
prisonment? Some, perhaps,
portionality between crime
incarceration at
but probably not much, es-
and punishment, we need a
greater variety of disposi-
all, and three-
pecially if you look at of-
fenders' prior records when
tions that are intermediate in
quarters receive at
searching for additional
punitivity between impris-
least some time on
convicts to divert or remove
onment and simple proba-
probation or
from prison. Two-thirds of
tion.44 Most people will find
parole.
inmates currently in state
that argument perfectly sen-
prisons were given proba-
sible, even if they disagree
tion as an alternative sanc-
about what crimes deserve which intermedi-
tion one or more times on prior convictions,
ate punishments.
and over 80 percent have had prior convictions
The myth that we need more sanctions to
resulting in either probation or incarceration.
use as alternatives to imprisonment is based on
After how many failures for a given offender
the false premise that we do not already make
do we say that alternatives to imprisonment
the maximum feasible use of existing alterna-
have been exhausted?
tives to imprisonment. Consider, however, the
In sum, the idea that we have not given
following figures for the most recent available
alternatives to imprisonment a fair chance is a
years:45
myth. Any day of the week you will find three
times as many convicts under alternative su-
2,356,486 (63%) on probation
pervision as you will find under the watchful
407,977 (11%) on parole
eye of a warden. And most of those in the
771,243 (21%) in state and federal-prisons
warden's custody probably are there at least
195,661 (5%) in jails, post-convicted
partly because they did not do well under
3,731,367 (100%) Total
some prior alternative.
Wisconsin Interest
33
Myth Ten: Punishment is bad.
ian element has been added.
Von Hirsch's compromise is internally
Underlying all the myths we have dis-
inconsistent, and this is weaker than a purely
cussed so far, and motivating people to believe
retributivist justification. The principle that
them, is the biggest myth of all: that punish-
punishment for wrongdoing is deserved, and
ment itself is inherently wrong. It is largely
the principle against all avoidable suffering,
because they are opposed to punishment
are logically incompatible. To say that some
generally and to imprisonment in particular
suffering (i.e. punishment) is deserved is to say
that many people argue so strongly that we
that we do not believe that all avoidable in-
must address the root causes of crime, that our
fliction of pain should be avoided. The justice
criminal justice system discriminates, that we
model is stronger when the utilitarian require-
are overly punitive and haven't considered
ment of deterrence is dropped.50
alternatives, that prisons are too costly and
The best defense of punishment is not that
overcrowded, and that we must look to the
it upholds the social order, but that it affirms
courts for reform.
important moral and cultural values.⁵ Legal
The "Big Myth" is that punishment has no
punishment is a legitimate and, if properly
value in itself; that it is intrinsically evil, and
defined and administered, even a noble aspect
can be justified as a necessary evil only if it can
of our culture. Imprisonment, in order to be
be shown to be instrumental in achieving some
respectable, does not need to be defined as
overriding value, such as social order. Even
"corrections," or as "treatment," or as "educa-
retributivists, who argue that the primary pur-
tion," or as "protection of society," or as any
pose of the criminal sanction is to do justice by
other instrumental activity that an army of
imposing deserved punishment (rather than
critics will forever claim to be a failure.
to control crime through such strategies as
We must reject the false dichotomy be-
rehabilitation, deterrence, or incapacitation),
tween punishment and "humanitarianism." It
can find themselves caught up in utilitarian
is precisely within the context of punishment
terminology when they speak of the "pur-
that humanistic concepts are most relevant.
pose"-rather than the "value"-of punish-
Principled and fair punishment for wrongdo-
ment.
ing treats individuals as persons and as human
Andrew von Hirsch provides the major
beings, rather than as objects. Punishment is an
contemporary statement of the justice model
affirmation of the autonomy, responsibility,
in his book, Doing Justice.⁴⁸ Following Immanuel
and dignity of the individual.
Kant, von Hirsch calls for penal sanctions on
Punishment in the abstract is morally
moral grounds, as the "just deserts" for
neutral. When applied in specific instances
criminally blameworthy conduct. Unlike Kant,
and in particular forms-including imprison-
however, von Hirsch sees deservedness only
ment-its morality will depend on whether or
as necessary, but not sufficient, to justify pun-
not it is deserved, justly imposed, and pro-
ishment. There is supposedly a "countervailing
portionate to the wrongfulness of the crime.
moral consideration"-specifically," the prin-
Where these conditions are met, punishment
ciple of not deliberately causing human suf-
will not be a necessary evil, tolerable on utili-
fering where it can possibly be avoided."
tarian grounds only when held to the minimum
Accepting this principle, von Hirsch argues
"effective" level. Rather, under those condi-
that for punishment to be justified, it must also
tions, it will have positive moral value.
be shown to have a deterrent effect. A utilitar-
34
Wisconsin Interest
1 James K. Stewart, "Urban Crime Locks People in Poverty,"
30 In addition to the efforts to be described in the remainder of
Hartford Courant, July 15, 1986.
this section, see the following: David P. Kavanaugh and Mark
A.R. Kleiman, Cost-Benefit Analysis of Prison Cell Construction and
2 Ibid.
Alternative Sanctions (Cambridge, MA: Biotec Analysis Corp.,
June 1990); Tara Gray et al., "Using Cost-Benefit Analysis to
3 See Charles Murray, Losing Ground: American Social Policy,
Evaluate Correctional Sentences,' Evaluation Review, Volume 15
1950-1980 (New York: Basic Books, 1984); and James Q. Wilson,
(August 1991), pp. 471-481; and Peter W. Greenwood et. al., The
Thinking about Crime (New York: Basic Books, 1975).
RAND Intermediate-Sanction Cost Estimation Model (Santa Monica,
CA.: RAND Corp., September 1989).
4 See Myth Two, below.
31 Edwin W. Zedlewski, Making Confinement Decisions
5 Morgan Reynolds, Crime in Texas, NCPA Policy Report No.
(Washington, D.C.: National Institute of Justice Research in
102 (Dallas: National Center for Policy Analysis, February,
Brief, 1987). The material in the remainder of this section is
1991).
adapted from John J. Dilulio, Jr., Crime and Punishment in
Wisconsin: A Survey of Prisoners (Milwaukee, WI.: Wisconsin
6 Bruce Benson, The Enterprise of Law: Justice without the State
Policy Research Institute, December 1990), and John J. Dilulio, Jr.
(San Francisco: Pacific Research Institute, 1990), p. 258.
and Anne Morrison Piehl, "Does Prison Pay?", The Brookings
Review, Fall 1991.
71 Patrick A Langan, "America's Soaring Prison Population,"
Science, March 29, 1991, Vol. 251, pp. 1568-1573.
32 See Dilulio, Crime and Punishment, op. cit.
8 The war on drugs probably had a greater effect on state
33 Dilulio and Piehl, op. cit.
prisons after 1984 and undoubtedly has had a great effect on
federal prisons, where over half of last year's admissions were
34 For example, see Joan Petersilia and Susan Turner, Intensive
for drug offenses.
Supervision for High-Risk Probationers: Findings from Three
California Experiments (Santa Monica, CA: RAND Corp.,
9 Ibid., p.1572.
December 1990).
10 Franklin E. Zimring, "The Great American Lockup," The
35 Malcolm M. Feeley, "The Significance of Prison Corrections
Washington Post, February 28, 1991.
Cases: Budgets and Regions, Law and Society Review (1990).
11 Mark Kleiman et al., Imprisonment-to-Offense Ratios
36 Clair A. Cripe, "Courts, Corrections, and the Constitution: A
(Washington, D.C.: Bureau of Justice Statistics Report,
Practitioner's View," in Dilulio, Courts, op. cit., chapter 10.
November 1988), P. 21; we are using his figures without
adjustment for under-reporting by the UCR, since that
37 John J. Dilulio, Jr., ed., Courts, Corrections, and the Constitu-
adjustment is only possible from 1973 on.
tion: The Impact of Judicial Intervention on Prisons and Jails (New
York: Oxford University Press, 1990), especially chapter 11.
12 Robyn L. Cohen, Prisoners in 1990 (Washington, D.C.: Bureau
of Justice Statistics, 1991), p. 7.
38 Nathan Glazer, "Towards an Imperial Judiciary," The Public
Interest, (1978); Lon Fuller, "The Forms and Limits of Adjudica-
13 Tom Wicker, "The Punitive Society," The New York Times,
tion," Harvard Law Review, (1978).
January 12, 1991, section 1, p. 25.
39 See Ludmilla Alexeyeva, Cruel and Usual Punishment: Forced
14 James Austin and John Irwin, Who Goes to Prison? (San
Labor in Today's U.S.S.R. (Washington, D.C.: AFL-CIO
Francisco: National Council on Crime and Delinquency 1990).
Department of International Affairs, 1987); see also various
The discussion here draws on Charles H. Logan, "Who Really
editions throughout the 1980s of the State Department's annual
Goes to Prison?" Federal Prisons Journal, Summer, 1991, pp. 57-
Country Reports on human rights practices of governments
59.
around the world.
15 See Logan, op. cit., for a critique of the study's methodology,
40 Marc Mauer, Americans Behind Bars: A Comparison of
including the sample.
International Rates of Incarceration (Washington, D.C.: The
Sentencing Project, January 1991).
16 Joseph E. Jacoby and Christopher S. Dunn, National Survey on
Punishment for Criminal Offenses, (Bowling Green, OH: Bowling
41 James Lynch, Imprisonment in Four Countries, (Washington,
Green State University, 1987).
D.C.: Bureau of Justice Statistics Special Report, February 1987);
see also Alfred Blumstein, "Prison Populations: A System Out of
17 Christopher A. Innes, Profile of State Prison Inmates, 1986
Control?" in Michael Tonry and Norval Morris, Crime and
(Washington, D.C.: Bureau of Justice Statistics Special Report,
Justice: a Review of Research vol. 10 (Chicago: University of
1988).
Chicago Press, 1988).
18 Christopher A Innes, Population Density in State Prisons
42 Lynch, op. cit., p. 2.
(Washington, D.C.: Bureau of Justice Statistics, December, 1986).
43 Mauer, p. 12.
19 Jeff Bleich, "The Politics of Prison Crowding," California Law
Review, Volume 77 (1989), p. 1137.
44 Norval Morris and Michael Tonry, Between Prison and
Probation: Intermediate Punishments in a Rational Sentencing System
20 James Bonta and Paul Gendreau, "Reexamining the Cruel
(New York: Oxford University Press, 1990).
and Unusual Punishment of Prison Life," Law and Human
Behavior, Volume 14 (1990), p. 365.
45 Figures are taken from the following Bureau of Justice
Statistics Bulletins Probation and Parole 1988 (November 1989);
21 For example, see Bert Useem and Peter Kimball, States of
Prisoners in 1990 (May 1991); Jail Inmates, 1990 (June 1991).
Siege: U.S. Prison Riots, 1971-1986 (New York: Oxford University
Press, 1989), and John J. Dilulio, Jr., Governing Prisons: A
46 Jacob Perez, "Tracking Offenders, 1988" Bulletin (Washing-
Comparative Study of Correctional Management (New York: Free
ton, D.C.: Bureau of Justice Statistics, June 1991); a study of
Press, 1987).
offenders convicted of felonies in 14 states.
22 For an overview, see Dilulio, No Escape, ibid., chapter 3.
47 Christopher A Innes, Profile of State Prison Inmates, 1986,
(Washington, D.C.: Bureau of Justice Statistics Special Report,
23 Stephen P. Klein et al., Predicting Criminal Justice Outcomes:
January 1988), combining information from Tables A and 8.
What Matters? (Santa Monica, CA: RAND Corp., 1991), p. ix.
48 Andrew von Hirsch, Doing Justice: The Choice of Punishments
24 For example, see Stephen Klein et al., "Race and Imprison-
(New York: Hill and Wang, 1976).
ment Decisions in California," Science, volume 247, February,
1990, PP. 769-792.
49 Ibid., p. 553.
25 Patrick A Langan, Race of Prisoners Admitted to State and
50 Charles H. Logan, Private Prisons: Cons and Pros (New York:-
Federal Institutions, 1926-86 (Washington, D.C. Bureau of Justice
Oxford University Press, 1990), pp. 243, 298.
Statistics, May 1991), p. 8.
51 This discussion draws on Charles H. Logan and Gerald G.
26 Ibid., p. 7.
Gaes, "The Rehabilitation of Punishment", (unpub..., 1991).
27 See Stewart, op. cit., and Dilulio, "Underclass," op. cit.
28 Joan Johnson et al., Criminal Victimization in the United States,
1988 (Washington, D.C.: Bureau of Justice Statistics, December
1990), p. 48.
29 For a good overview, see Douglas C. McDonald, The Cost of
Corrections: In Search of the Bottom Line (Washington, D.C.:
National Institute of Corrections Research in Corrections Report,
February 1989).
Wisconsin Interest
35
BLIND TO THE RECORD
CHESTER, VA.-Everett Lee
Mueller was arrested last February
and charged with killing ten-year-
old Charity A. Powers, a blond,
blue-eyed fifth-grader whose body
Why do we tolerate abuses
was found in a shallow grave. As it
of justice that let
turns out, the accused has a history
the innocent suffer and
of unprovoked attacks on females.
the guilty go free?
In March
1972 Mueller
was charged
with attempt-
CRIME &
ing to kidnap
a young Riv-
erside, Calif.,
PUNISHMENT
woman at
knife-point.
He pleaded
(U.S.A.)
guilty to re-
duced charges of disturbing the
peace and panhandling.
Less than a month later, Mueller
was charged again in Riverside
with kidnapping and rape in two
separate attacks. In exchange for
his plea of guilty to one count of
rape, the remaining three charges
were dismissed.
Declared a "mentally disordered
A COMPILATION
sex offender," Mueller was commit-
ted to a psychiatric hospital. He was
discharged after 23 months and
woman. He was sentenced to 40 years
placed on five years' probation. With-
in prison, with 20 years suspended.
in six months, however, a judge ruled
Mueller was released on mandatory
that Mueller had violated his proba-
parole on February 23, 1988. Later,
tion terms and ordered him arrested.
according to court testimony,
The warrant was never served.
Mueller admitted to raping and mur-
In July 1976, Mueller was
dering little Charity Powers.
charged with the knife-point rape
-Mark Bowes in Richmond
of an 18-year-old Richmond, Va.,
News Leader
126
RICHMOND NEWS LEADER (MARCH 11, 91). © 1991 BY THE RICHMOND NEWS LEADER; NEW YORK POST (APRIL 4, 90)
© 1990 BY THE NEW YORK POST CO.: BALTIMORE SUN (APRIL 2, '91), © 1991 BY THE BALTIMORE SUN CO.: BOSTON
GLOBE (SEPTEMBER 24, '90), © 1990 BY GLOBE NEWSPAPER CO.: MIAMI HERALD (MARCH 27, 91), © 1991 BY MIAMI
HERALD PUBLISHING CO. ILLUSTRATION: PAUL VACCARELLO/NOI VIVA
1991
CHIMNEY ROCK'S PROUD FALCONS
talons while in flight, they swirled
ney Rock was washed russet by
toward the ground. At the last mo-
the mid-September sunset. In the
ment they released themselves,
distance I heard Arthur's cry. I
squawking wildly like children on
knew that as long as he lived
a roller coaster.
he would return to this place. The
During the first week of August,
male peregrine's love of his cliff is
the fledglings began to hunt, and as
the strongest bond in his life,
the month progressed they slowly
even greater than the attachment to
began to spend time apart. Only at
his mate.
night did the brothers' dependence
I realized I cherished what the
on each other still show. Albert
sight of the falcons did for my
would not sleep alone. He would
spirit. The peregrine is God's crea-
drop everything at dusk to find
ture, and by understanding its
Leopold. The two young pere-
beauty and function I appreciated
grines would sit close together un-
more and more my own Creator.
der the stars, waiting for Arthur to
come home.
THE FOLLOWING SPRING, Arthur
In the third week of August,
came home to the aerie with a new
Bold Leopold, always the one to
mate. I named her Lady, and she
take the initiative, left Chimney
remained with him for the next
Rock to begin his arduous winter
four nesting seasons.
migration to Mexico. I wondered
One year Arthur and Lady did
how Albert, who showed no inten-
not return to Chimney Rock, and
tion of budging, felt about Leo-
the aerie has remained uninhabit-
pold's desertion. In the evenings,
ed. In recent years, observers have
perched close to home, he seemed
reported seeing peregrines circling
to be waiting for his brother. Even-
high above the mesa. The birds do
tually even Albert, the late bloom-
not light, apparently trying to make
er, left home.
up their minds. They may yet de-
I had to leave for winter too. As
cide to nest on Chimney Rock.
I slowly walked down the moun-
I like to believe they may be
tainside, the barren face of Chim-
Arthur's descendants.
Buffaloed!
How DO YOU get a buffalo to attack an actor without endangering
either? By using stunt buffaloes, says Jim Wilson, Kevin Costner's co-
producer on Dances With Wolves. One such creature named Cody has a
fondness for Oreos, which made him a natural for the scene where a
buffalo charges an Indian youth. Although it looks as if Cody is headed
straight for the young boy, the burly bison was in fact charging a pile of
cookies.
-Yardena Arar in Chicago Tribune
125
ing with more than $3000 worth of
DEADLY ROUTINE
cocaine in his car, was set free by
BROOKLYN, N.Y.-On March 29,
the Maryland Court of Appeals.
1990, a grand jury indicted Douglas
Stopped by state police, who
Latta, a 48-year-old handyman, on
clocked his BMW at 93 miles per
charges of raping, sodomizing and
hour, Benbow told Trooper Kevin
sexually abusing his common-law
Welkner that he had lost his Mary-
wife, Carethey Lamb. But a week
land driver's license. When Welkner
elapsed between the grand jury's
checked, he learned Benbow had a
vote and the district attorney's fil-
suspended Virginia license.
ing of charges.
He arrested Benbow for driving
"Routine procedure," said Pat-
with the suspended license, frisked
rick Clark, a spokesman for Brook-
him and found $2279 in cash and a
lyn D.A. Charles Hynes. When
beeper. Later Welkner searched,
something was done, on April 5, it
Benbow's car and discovered 29.4
was a day too late. Lamb was dead
grams of cocaine and traces of
of multiple stab wounds-after
marijuana-enough to get a con-
naming Latta as her attacker.
viction for possession with intent
Clark claims quicker action
to distribute.
would not have put Latta behind
But the appeals court ruled
bars before he allegedly killed his
Trooper Welkner had no reason to
wife. That's because he had been
arrest Benbow. Why? He had a
arrested on the rape, sodomy and
valid Maryland license. Hence,
sexual-abuse charges-and freed by
concluded the court, there was no
Brooklyn Criminal Court Judge Al-
legal reason to search the car, and
bert Koch on his own recognizance.
the drugs and money therefore
Koch also granted Lamb an or-
could not be used as evidence.
der of protection against her hus-
Although Benbow broke the law
band. She died with that order in
by speeding and failing to produce
her pocket.
his license for police, he could
Finally, on November I, 1990,
only be ticketed-not arrested-for
police located Latta and closed in
those offenses under Maryland law.
on the apartment where he was
-Joel McCord in Baltimore Sun
staying. When they entered, they
IMSOU TRAGE
found he had just hanged himself.
-Marsha Kranes and Kieran Crowley
Boston-Paul Nee, owner of a
in New York Post
small variety store, wanted nothing
less than a jail term for the thief who
LICENSE TO DEAL
stole $170 from his cash register.
ANNAPOLIS, MD.-Reginald G.
Nee got his wish, but then had it
Benbow, serving a ten-year prison
snatched from him. After the thief,
sentence after he was caught speed-
Paul Cipoletta, was convicted by a
127
READER'S DIGEST
Dorchester District Court judge
serve his daughter's anonymity,
and given a year in jail, he de-
was convicted of rape in Palm
manded a jury trial at Boston Mu-
Beach County Circuit Court. The
nicipal Court. That delayed his
daughter testified that her father
case for two years, postponing the
raped her in 1989 when she was
trial 17 times before eight differ-
11, forced her to perform oral
ent judges.
sex and on numerous occasions
Then Cipoletta's lawyer struck a
made her view his pornographic
deal. Cipoletta pleaded guilty, and
magazines.
Judge Walter J. Hurley sentenced
In Florida a man older than 17
him to probation rather than jail
who rapes a child under I2 gets an
time.
automatic life term with no parole
When Hurley announced this,
for 25 years. But sentencing guide-
he berated Cipoletta: "You get in
lines for defendants under 18 with
trouble the next year, I'll send you
no criminal record establish a maxi-
to jail!"
mum term of 12 years.
The scolding rang hollow. After
After the jury found the man
all, Hurley had access to records
guilty, defense attorney Jack
showing that Cipoletta, while his
Fleischman argued that his client
case was delayed, had been charged
was eligible for the more lenient
with several other break-ins. None-
sentence. Reason: the verdict
theless, he was a free man.
form-the paper jurors fill out in
"He admitted to it, and they let
deliberations-did not specifically
him go!" said an outraged Nee.
ask them to make a finding that the
"There's no justice."
defendant was over 17.
That's the way it works at Bos-
So Judge James Carlisle sen-
ton Municipal Court.
tenced the man to nine years in
-Patricia Wen in Boston Globe
prison. He likely will go free in less
than five. "The man was obviously
DON'T PRESUME JUSTICE
more than 17 years old," Carlisle
BOCA RATON, FLA.-A 43-year-
conceded. "But you can't just pre-
old man who raped his young
sume that."
daughter probably will serve less
The case is being appealed. The
than five years in prison-rather
defense is appealing the conviction,
than 25-because his attorney
and the prosecution is appealing the
found a loophole.
sentence.
The man, not identified to pre-
-David Zeman in Miami Herald
SEN. PHIL GRAMM: "Balancing the budget is like going to heaven.
Everybody wants to do it. They just don't want to do what you have to do
to make the trip."
-Quoted by David E. Rosenbaum in New York Times
128
A8 SUNDAY, DECEMBER 15, 1991
THE WASHINGTON POST
allowed the defendant to go free or
Serving Time or Serving Tennis
bond pending trial.
"The trick is to try to get as
many of those [minus] points as
possible," said A.J. Kramer, head 0
Defense Lawyers Offer Tips on Getting Clients Into 'Club Fed'
the Federal Public Defender's office
here. The "biggie," Kramer said, is
By Tracy Thompson
post-conviction experts with offices
R. Kenneth Mundy, the lawyer
talking a judge into letting defen
Washington Post Staff Writer
in Alexandria, Mill Valley, Calif.,
who represented Barry on charges
dants go home to put their affairs in
and Philadelphia.
of cocaine possession and perjury,
order before reporting to prison on
Tears used to work. Packing the
But, they add, don't get your
their own.
always checks the government's lab
courtroom with relatives, prefer-
hopes up: "We can count on the fin-
reports on drugs "to make sure
"The single biggest point [sub
ably babies, could be effective. At
gers of one hand the number of
they're not jacking up the quantity."
traction] is for voluntary surren
the least, someone being sentenced
times we've been able to have that
Local defense lawyer G. Allen
der," Kramer said. "You get minus
for a federal crime once was able to
happen."
six for that."
Dale never lets his clients talk to a
make a subtle plea for mercy by
More common, Dunne said, is for
As a last resort for the haples
probation officer alone.
wearing nice clothes to court and
lawyers to ask the judge to jot down
client who has managed to pain
"The probation officer might just
looking very, very sorry.
a recommendation in the paperwork
himself into a corner, Mundy said
Times have changed. Today, as
say, 'Tell me what happened.' The
that goes to the bureau. Though
lawyers can find out if there's
more people accused of federal
guy is charged with [possessing] 10
every federal prison these days is
medical problem. If it's psychiatric
crimes are going to prison for long-
grams, and that's all government
crowded-the system is running at
for example, they might be able to
er terms, one sign of the times is
knows about," Dale said. "Then the
163 percent of capacity-Dunne
steer the client to a place such as
contained in the current issue of the
defendant says, 'I started a couple
said the bureau makes an effort to
the medium-security prison at But
Champion, a magazine for defense
of years ago, and I've probably sold
take the judge's recommendation
ner, N.C., which offers an inpatien
lawyers.
a couple of kilos.' They include that
into account.
psychiatric hospital. It also lets in
"How to Get Your Client Into
in 'related conduct.'
In drug prosecutions, which make
mates take college courses avail
Club Fed," it reads-more evidence
No matter what kind of crime
up the bulk of the criminal cases
able through that state's well-re
that, for many, the question no
tried in federal court here, prison
someone is charged with, however,
garded public university system.
longer is, "Can I avoid prison?" but
time, and thus prison placement, is
lawyers still can help steer their
While prosecutors generally like
"Can I get the top bunk?"
directly affected by the amount of
client toward one prison or away
the new sentencing system becaus
The "where" question is vital. If
drugs involved in the case-and not
from another by manipulating the
it minimizes sentencing disparitie
the answer is the Atlanta Federal
just the amount of which the defen-
Bureau of Prison's point system.
and punishes lawbreakers mor
Penitentiary, the prisoner will enter
dant is formally found guilty, either.
It works like golf: The lower the
harshly, many defense lawyers an
a grim 19th-century edifice and find
A part of the sentencing guidelines
score, the better. The bureau
judges get nostalgic for the day
triple tiers of barred cells stacked
called "related conduct" allows the
awards points to inmates according
when tears-and sometimes eve
like rabbit hutches. But federal pris-
judge to consider criminal conduct
to things such as what crime they
true contrition-could affect th
on also can mean relatively genteel
beyond what's contained in the actual
committed and whether they have a
outcome.
work camps with tennis courts in-
criminal charge. Prison time-and
history of violence or escape, then
Sentencings "had a human ele
stead of fences, dormitories, quiet
prison assignments-can change ac-
subtracts points based on other
ment then," Kramer sighed. "Thos
libraries and the opportunity for
cordingly.
things, such as whether the judge
were the good old days."
college course work.
There is no question that the
chances of ending up in a federal
prison have increased. There are
approximately 60,000 inmates in
With fewer options for keeping
"The bureau is interested in dis-
federal prison today, up 10 percent
clients out of prison or reducing
pelling the Club Fed myth," Dunne
from 1989, according to the Bureau
their sentences, defense lawyers
said. Even though some prisons are
of Prisons. The current ratio of 274
still can make themselves useful,
better than others, the fact is they
inmates per 100,000 population is a
the Champion article said. But, it
are all prisons, he said, "and they all
added, lawyers are finding "very
involve the loss of freedom."
record high, a trend fueled by the
drug crisis and an emphasis on fed-
little guidance" in trying to help cli-
Where a person will wind up al-
eral drug prosecutions.
ents with "the other side of the con-
ready is largely determined by the
Moreover, a recent study in the
finement equation," a euphemism
time of arrest or arraignment. The
Georgetown Criminal Law Review of
for what joint lies ahead.
basis for prison assignments is sen-
800 cases in the Midwest concludes
The options are summarized in a
tence length, which, in turn, is
that sentences, on average, are more
volume published by the Bureau of
pegged to the type of crime and
than twice as long as those imposed
Prisons titled "Facilities 1991." A
whether the defendant has a rec-
before sentencing guidelines came
sort of Michelin guide to the 67-in-
ord. But there's still leeway, espe-
into widespread use in 1989.
stitution federal prison system, it
cially for first offenders. Defense
The guidelines are the single
describes the accommodations at
attorneys freely admit they are
most important reason for the
each facility, from the minimum-se-
looking hard at the angles available.
change in sentencing because they
curity camp at Petersburg, Va.,
"The very best thing that a fed-
reduce judicial discretion. Instead of
temporary home of former D.C.
eral judge can do to help your client
listening to character witnesses and
mayor Marion Barry, to the max-
get into Club Fed is to pick up the
tearful pleas, judges now must cal-
imum security prison at Marion, III.
telephone and call the director of
culate prison terms using a formula
Unlike the usual travel guide, how-
the [Bureau of Prisons]
and
that measures things such as the
ever, Facilities 1991 makes no effort
then follow up that call with a de-
severity of the crime and even the
at hype. Bureau spokesman Dan
tailed personal letter," write the
gram weight of the narcotics seized
Dunne said that is intentional, since
article's authors, lawyers Alan Ellis
in drug cases.
the bureau is sensitive on this topic.
and Alan J. Chaset Jr. They are
New 'Philosophy' of Policing
Departments Seek to Join Forces With Public
By Laurie Goodstein
"Running around in a radio car is
Washington Post Staff Writer
not a very effective way to work,"
said McGoey, supervising the new
NEW YORK-Sgt. Andrew
era in his precinct, a model for com-
McGoey has seen the future of po-
munity policing in this city. "Being a
lice work, and it does not look like
good cop is knowing the community
what was pictured in the old tele-
vision dramas.
and knowing enough to be able to
Days are waning for police offi-
solve problems rather than just re-
act to them."
cers who drive around listening to
crackling radios for the next emer-
Community policing is not a pro-
gency call, speed to the site with
gram but a philosophy that has ta-
sirens blaring, take care of the job,
ken on a different incarnation in
get back in the car and, between
each city. A community police of-
doughnuts, do it again.
ficer's goal is to become familiar
No more "police officer as fire
with and accessible to law-abiding
extinguisher," said McGoey, a 23-
locals, gain their trust and draw on
year police veteran in Brooklyn.
their knowledge to help uproot law-
The future is police officer as com-
breakers and prevent crime. In ef-
munity organizer, detective, alder-
fect, residents and regulars become
man and crimefighter combined.
informants for the police.
Criminologists call it "community
"Police departments continue to
policing."
See POLICING, A6, Col. 1
Police Departments Seek to Join Forces With Public
properly trained officer will be able
nity policing in the 1970s in some
services very quickly, whether the
POLICING, From A1
to advise residents on non-crime-re-
cities were retracted quickly, how-
problem is a barking dog, a stolen
grow, and so does crime," said St.
lated matters-pointing them to oth-
ever, in that era of budget cuts.
car or loud party noises," Tro-
Petersburg, Fla., police Sgt. Bill
er city agencies, for example.
Only in the mid-to-late 1980s was
janowicz said. But under community
Gabler, who recently toured 10
Officers using community polic-
the concept revived and spread.
policing, he said, "You guarantee
cities that use the community-po-
ing may spend a whole day without
Many of its proponents insist it will
quick-response time for all life-
licing concept. "Now we are saying,
making an arrest or even writing a
require no additional funding be-
threatening situations, which is 5
we cannot do it all, we need your
ticket. Like doctors who have aban-
cause it is more a "philosophy" than
percent in a typical community.
help. We need your eyes and ears,
doned emergency rooms to practice
a program. But many departments,
Then citizens have to be patient in
and you as the community need to
preventive medicine, officers in-
including New York City's, have
other situations. Often, they don't
take some of the burden on your
volved in community policing find
found that the strategy necessitates
want to wait. They want that patrol
shoulders."
that results are less immediate and
more officers-which could become
car there right away."
Nearly two-thirds of the nation's
more elusive. The concept is so
a problem at a time when municipal
In a city such as New York, most
600 largest police departments
new in most police departments
budgets again are getting tight.
police officers spend 90 percent of
have instituted some form of com-
that it has not been evaluated fully,
The program has different names
working hours responding to emer-
munity policing in the last few years
but preliminary studies and obser-
in different cities-for instance,
gency-service calls, said Police
or are considering doing so, said
vations of community police officers
neighborhood-oriented policing in
Commissioner Lee P. Brown, a pro-
Robert Trojanowicz, director of the
on patrol provide clues to its
Houston, problem-oriented policing
ponent of community policing who
National Center for Community Po-
strengths and weaknesses.
in Newport News, Va., or commu-
came to New York last year after
licing at Michigan State University.
The concept is partly a revival of
nity-based policing in Los Angeles,
serving as Houston police chief.
From Los Angeles to Baltimore
the "beat cop," evoking images of a
where the City Council recently
The target is to reduce that to 60
to the District, police officers have
mustachioed officer whistling as he
approved it to help heal wounds
percent through new procedures
been pulled out of squad cars to
walked the sidewalks swinging his
caused by the videotaped police
such as handling minor incidents
walk a beat. In Seattle, Portland
nightstick.
beating of motorist Rodney King
over the telephone "so they have 40
and Miami, they ride bicycles; in St.
But its roots lie in the days after
last spring.
percent of their time
to make a
Petersburg, golf carts.
riots and civil disturbances of the
The first shock for many residents
difference," Brown said.
In Aurora, Colo., police attend
late 1960s and early 1970s, said
in such cities is that response time to
"If, for instance, someone has
"neighborhood watch" or local mer-
Mary Ann Wycoff of the Police
some emergency "911" calls be-
broken into my garage and stolen
chants' meetings. In Flint, Mich.,
Foundation in Washington, a private
comes slower, as a recent report
my lawnmower and I want to report
and Houston, they have established
organization that seeks to improve
found in evaluating Houston's police
it for insurance purposes, I don't
storefront offices in malls and hous-
the effectiveness of policing. Some
department, one of the first to aban-
need a cop to come out there,"
ing projects where residents can
criminologists suggested then that
don traditional policing. Depart-
Brown said. "I can tell someone
stop in at almost any hour.
citizens unfamiliar with local police
ments begin to rank calls in a sort of
over the phone."
In the District, Police Chief Isaac
are likely to perceive them as a hos-
911 triage, where only the most crit-
Under community policing, offi-
Fulwood Jr. has initiated his own pro-
tile occupying force and that police
ical calls-say a man with a gun-re-
cers are entrusted with determining
gram in two police districts and plans
likely would react with equal ani-
ceive an immediate response.
how they spend their time, so most
to expand it next year. Eventually, a
mosity. Efforts to institute commu-
"We are used to getting police
See POLICING, A7, Col. 1
THE WASHINGTON POST
"Community Policing' Returns Officers to Street Beats
POLICING, From A6
the drug dealers," Ward said, leaving
iar standards for measuring law en-
bang-up action that many officers are
the building and scanning the block.
forcement success become obso-
resisting the change. Officer Ward in
police unions favor the concept, said
A month earlier, Costales placed
lete. For instance, under traditional
New York's model 72nd Precinct ad-
Robert Kleismet of the International
flyers under every door urging ten-
policing, officers win promotion
mitted that he misses the "adrena-
Union of Police Associations.
ants to call him if they saw anything
based partly on their arrest totals.
line-pumping" thrill of responding to
For the last seven months, New
suspicious. No one has called.
But with community policing, the
emergencies in the squad car.
York City's 72nd Precinct has de-
Community policing relies on the
ideal is to deter situations that usu-
"The system under which they're
voted 53 officers, more than any
assumption that, even in the most
ally lead to arrest. At law enforce-
working indoctrinates them to be-
other jurisdiction, to this new strat-
crime-saturated neighborhoods, the
ment conventions these days, police
lieve [they are] crime-fighters and
egy, making it a model for commu-
majority of citizens are of good will
professionals are overheard boast-
shouldn't get close to the commu-
nity policing in this state. Each of-
and victimized by lawbreakers.
ing of new tactics they have discov-
nity," Kleismet said. "It's no wonder
ficer is assigned to a beat or "pulse"
Even under the best conditions,
ered to reduce arrests.
the rank-and-file say, 'I don't want
that covers 40 to 50 blocks, and in
"it takes eight to 12 months before
"We stop in bars and tell the bar-
to be a social worker. I want to be a
time each is expected to know ev-
you really start to see the impact"
tenders to announce to the patrons
crime fighter.' But you can be both
ery crime den, bad guy and helpful
of community policing, Trojanowicz
we're going to be doing [drunk-
and be successful."
resident within its boundaries.
said, and years for the new philos-
driving] enforcement outside of the
Community policing requires a
Each morning as they report for
ophy to pervade an entire police
bar on the highway," said police
new breed of officer as skilled at
department.
Capt. Dave Linnertz of Aurora, Colo.
duty, officers are handed a comput-
public relations as police work, ex-
It takes even longer to pay off in
"If they are intoxicated, we would
er printout of all emergency calls
perts said. It demands adjustments
made from their beat overnight.
neighborhoods where residents are
encourage them to take a cab.
in every aspect of law enforcement,
They also are given a "hot sheet"
intimidated by, or colluding with,
"When I was a patrolman, if I went
affecting how officers and their su-
lawbreakers, community-policing
in and told a bartender that, I would
listing burglaries, and during the
periors are recruited, trained, man-
advocates acknowledge.
have been disciplined," he added,
aged, evaluated and promoted.
morning they are to visit those lo-
About 27 cities have conducted
laughing. "Our intent is not to make
"It's going to take a generation,"
cations, take fingerprints and ask
formal evaluations of their commu-
higher numbers of arrests but to
Wycoff said. "This is a very long-
questions.
nity-policing strategies, Tro-
keep drunk drivers off the street."
term view of change. Part of the
On a recent winter afternoon, of-
janowicz said, resulting in these
One Los Angeles officer was pro-
problem is that communities expect
ficers John Ward and Joe Costales
general conclusions:
moted to sergeant for stopping a
immediate effects, and it won't hap-
walked their beats, stopping at sev-
People feel safer, regardless of
rash of bank robberies by placing
pen that way."
eral potential hot spots. They poked
behind each bank counter a life-
whether crime has been reduced.
around a derelict dirt lot filled with
Feeling less fearful, they spend more
sized photograph of himself armed
Staff writer Gabriel Escobar in
cars, some of which they suspected
and in uniform. Would-be thieves
time outside their homes, further
Washington and special
had been stolen, and questioned a
discouraging criminals, who gener-
apparently did not notice that every
correspondents Ricardo Castillo in
nervously kinetic man they knew as a
ally prefer dark, empty streets.
bank on the block was guarded by
Miami; Elizabeth Hudson in
local junkie, who sleeps in a broken-
the same cardboard police officer.
Austin, Tex.; Lauren Ina in
Satisfaction with police services
down white van on the property.
improves as people become familiar
Such creativity is so far from the
Chicago, and Leef Smith in Los
Their investigation led to an ad-
with the local officer and camara-
image of police work as high-speed,
Angeles contributed to this report.
jacent sweatshop, where seam-
derie develops.
stresses watched them with alarm
Residents of minority communi-
from their sewing machines. The
ties also express more satisfaction
officers warned the shop manager,
with police and perceive less poten-
who acknowledged responsibility
tial for police brutality.
for the dirt lot, to begin locking its
Neighbors participate more fre-
gates against junkies and question-
quently in crime prevention and
able cars. They wrote no citations
other community activities.
and made no arrests but promised
Officers say their work is more
that they would return, suspicious
satisfying and, as they get to know
that the manager may have been
the community, feel safer on the job.
collaborating with auto thieves.
Disorder of an unthreatening but
A few blocks away, they let them-
disturbing nature is reduced. Ex-
selves into a half-deserted building
amples: garbage in vacant lots, rau-
with keys provided by the owner,
cous noise, abandoned cars, graffiti
who is cooperating with them to rid
and vagrancy.
the place of drug dealers. As they
Whether community policing ac-
bounded up the crumbling staircase,
tually reduces crime is unclear.
tiny plastic bags for dealing crack
Studies in Madison, Wis., and Hous-
ton show fewer household bur-
cocaine stuck to their boots.
glaries, Wycoff said. More serious
They know the problem tenants
crimes, such as rapes or murders,
and greeted by name a grizzled man
occur too infrequently in most cities
peering from behind a half-open
to measure a significant change, she
door-the former superintendent
said. New York City may provide a
who had pledged to cooperate with
laboratory for future studies.
police but then moved into a vacant
"In some places with community
apartment and opened his own drug
policing, crime will actually in-
dealership, the officers said. They
crease because people will report
also know the decent tenants, such
crimes they wouldn't have before,"
as the shy woman in a bathrobe on
Trojanowicz said. "But then after
the first floor, who may want to
about a year, you will begin to see
help but will not.
some decrease."
"They're scared of retaliation by
With community policing, famil-
Law
Corridors
Of Agony
A rare look inside a juvenile court reveals
a system waging a thankless struggle to
save society's lost children
By MICHAEL RILEY BALTIMORE
This is the story of a courthouse, a
group of kids who passed through it
one week and the people whose task it
is to rescue them.
Clarence Mitchell Courthouse, a
brooding Beaux Arts monolith in the
heart of Baltimore, contains the Balti-
more City Juvenile Court. Like the 2,500
similar juvenile courts across the nation,
this is where the battles are being fought
against some of America's toughest
problems: drugs, disintegrating families,
household violence. As these problems
Clarence Mitchell
have grown worse over the past two dec-
Courthouse is home
ades, the judicial system designed to
to Baltimore's
deal with them has crumbled. These
chaotic juvenile
courts are an indicator of the country's
court
compassion for families and its commit-
ment to justice, but increasingly they
have neither the money nor the person-
Antwan
nel to save most of the desperate young
Ringed by Baltimore narcotics cops and snif-
souls who pass through their doors. Al-
fling into a tissue, Antwan Davey looks like a kid
caught in a bureaucratic land of giants. Just three
most no one seems to care.
hours earlier, the cops nailed the skinny 10-year-
To protect the children from the
old boy in a playground drug bust. Now, in a cin-
der-block squad room in east Baltimore, he
stigma of being branded as criminals,
slouches in a green office chair, unlaced Etonic
the proceedings of juvenile courts are
tennis shoes just touching the floor.
hidden behind a veil of confidentiality.
Two teenage drug dealers, sullen and silent, sit
nearby. Moments before their arrest, they had
In an effort to show the strains on the
forced Antwan to hide their wares in his socks.
system, a group of TIME correspon-
"That's usually what they do now-give the stuff
dents was given unprecedented access
to a little kid," says arresting officer Ed Bochniak,
who watched the deal go down. "We were lucky to
to the Baltimore court. The identities
see it."
of the children and their parents have
Crime and drugs are everywhere in America's
been changed, but the stories are true,
inner cities. For Antwan, they were only a few
yards away as the youngster floated high above his
and they are typical.
steamy ghetto playground on a turquoise-and-
48
TIME, JANUARY 27, 1992
orange swing set. At the playground's edge two
yes. Alongside the boy stood his mother Syrita,
Families find justice
teenagers were selling vials of cocaine from a
30, an attractive woman whose soft face belies
curbside stash. One dealer cut a score with a pass-
the rugged ghetto life she has led. The worker
elusive as they
ing woman; looking over at Antwan, his partner
decided to let Antwan go home-he had no prior
wander the court's
spotted an opportunity.
arrests-so long as she brought him to court the
hallways
Sauntering up to the youngster, the pusher de-
next day.
manded that Antwan serve as a hiding place for
Syrita had tried repeatedly to warn Antwan of
the stash or else face a beating. At first the child
illicit goings-on at the playground. But such warn-
refused, then gave in. Business continued-until
ings carry little weight for a kid growing up on so-
the "Zone Rangers," an undercover Baltimore
ciety's margin. Antwan lives in a storefront apart-
vice-and-narcotics squad that had the dealers un-
ment just blocks from the drug-saturated play-
d
der surveillance, suddenly sprinted into action.
ground. His mother and grandmother survive on
One team of Rangers nabbed the dealers; another
public assistance, and his mother is battling de-
pulled Antwan off the swing and confiscated the
pression with medication and counseling. His fa-
vials. By the time they reached the station house,
ther is long gone.
the little boy had dissolved in tears.
The next day Antwan and his mom show up at
Then Antwan got his first break. A juvenile-
juvenile court, which is crammed into the base-
services worker sat down beside him. "Are you
ment of Clarence Mitchell. The building's massive
sorry for what you've done this evening?" he
columns, vaulted ceilings and dimly lighted corri-
asked the boy. "Yes," mumbled Antwan. "Have
dors conjure fleeting images of a dungeon. Chil-
you learned a lesson?" he asked. Another soft
dren wander the hallways, a few in tears. The wa-
Photographs for TIME by David Burnett-Contact Press Images
49
"Oh," says a slightly flustered
Fishkin.
"You sound disappointed," replies
McNamara.
"Well, you know, I'd like to keep this
case out of the system."
"Dave, you know my policy on drug
dealing," McNamara answers, then
pauses. "But I'll read the report and keep
an open mind."
A third break for Antwan: McNamara,
who worked as a night bailiff to get
through law school, is actually on Fishkin's
side this time. She was born and raised in
New Jersey in a blue-collar family; her
hard-nosed reputation is a reflection of a
strong sense of outrage at the inner-city di-
saster. "Sometimes," she says, "I get home
at night and I think my name is 'Bitch.'
They stop being kids to you after a while.
Some of them are vicious and nasty.
They'd shoot you in a heartbeat."
For Antwan, however, her anger mo-
mentarily softens. After making some
phone calls, McNamara finds a spot for the
youngster in Choice, an acclaimed pro-
gram that enlists college graduates to keep
track of wayward kids and ensure that help
is available to them. Sometimes volunteers
visit offenders a dozen times a day to keep
them on the straight and narrow. McNa-
mara passes the news on to Fishkin.
Antwan finds out his fate later that
day. "You don't want to be arrested
again, do you?" state's attorney McNa-
Angry boys wait in a
ter fountains are too high for most to reach.
mara asks the youngster at his court appearance.
cramped detention
Lawyers, their arms spilling over with folders, bus-
He shakes his head no. She tells him that a Choice
tle about. Sheriff's deputies cast jaundiced eyes on
worker will be his big brother. "What's your job
cell for their
it all.
going to be?" she inquires. Replies Antwan:
hearings
Syrita Davey, dressed in a white blouse, purple
"Obey my mom or my Choice worker."
skirt, hoop earrings, sits with her son in a noisy,
By this time, everyone in the courtroom real-
claustrophobic interview room. Law student Har-
izes that this may be the most elusive quarry, a kid
ry Kassap, a volunteer in the public defender's of-
who can be saved. The tone in the courtroom
Nationwide about
fice, listens to the boy's story. The defender's of-
changes. Master Bradley Bailey, presiding over
340,000 children
fice, which represents indigent youthful offenders,
the case, asks Antwan if he likes to read. The boy
have been placed in
usually has only a few minutes to learn about a
says yes. So Bailey writes something on a slip of
foster care; nearly
case before the accused must appear before a
paper and hands it to him. "Can you read that?"
master in chancery, one of the quasi-judicial hear-
"D
aaa
vid Fish
kin," Antwan re-
40% of them spend
ing officers who presides in juvenile court. It does
sponds. Directs Bailey: "You concentrate on do-
more than two years
not take long for Kassap to become outraged.
ing that-reading-and leave all the other stuff
in temporary homes.
"The kid was a complete victim," he later
out on the street." He remands Antwan to his
Roughly 50% of the
observes, "yet the system treats him as an abso-
mother's custody. In 60 days he must return to
lute criminal."
340,000 are under
court to demonstrate how he's doing.
Antwan gets his second break. The defender's
the age of six. In
The outlook for the two teenage drug dealers
office assigns his file to chief public defender Da-
who were arrested with Antwan-Daryl Williams
Baltimore, the rate
vid Fishkin, a gentle giant who looks like a beard-
and Donnell Curtis-is not as hopeful. Locked up
at which children are
ed Ichabod Crane. More than anything else, Fish-
overnight, they also appear in court before Master
placed in foster care
kin decides, efforts must be made to keep Antwan
Bailey. Daryl's aunt sits in the courtroom, her eyes
has doubled since
"out of the system" by placing him in a "diver-
surrounded by dark circles and her face a tight
sion" program, which offers counseling and indi-
1989, to 180 cases
constriction of lines. A drug addict on the nod, she
vidual attention rather than harsh penalties like
slumps drowsily against the bench, a handkerchief
a month. About 13
incarceration. Like everyone else in the court-
over her mouth and nose. Donnell's mother sits
emergency-
house, Fishkin knows that once a kid falls deeper
alert and angry in the back row. Both youngsters
shelter cases enter
into the justice system, he may never get out. But
wear a hard, empty-eyed look of fury.
the system daily.
the lawyer is worried that the prosecutor on the
McNamara argues for locking the boys up un-
case may have something different in mind. He
til their full-dress court hearing in thirty days. As-
makes a call and discovers, to his dismay, that as-
sistant public defender Robin Ullman requests
sistant state's attorney Mary McNamara, 29, a
community detention, which would allow the ac-
well-known hard-liner on drug issues, will oppose
cused to stay at home until then. Bailey decides to
him.
lock them up. "What's that mean?" asks Williams,
50
TIME, JANUARY 27, 1992
a tall, powerfully built kid. "It means you
stay in Charles Hickey School until the
trial," says Bailey.
"What?" shoots back Williams. "I
didn't have nothin' to do with that little
boy." Ullman, prim and bespectacled,
jumps up and orders her client to be qui-
et. But he won't shut up. "F. ed up,
man," he curses as a courthouse jailer
leads him back toward a holding cell. His
loud protests echo down the hall.
Williams has good reason to fear
Hickey School, a grim correctional facili-
ty. The accused dealer told the arresting
cops he was only 15, but at Hickey a coun-
selor recognizes him as someone else en-
tirely. "Tyrone, are you back? I thought
you were too old for us now." Daryl is
really Tyrone Roberts, age 19. He's head-
ed for adult court.
Roberts too was once a lost young-
ster. He fell into the court system 11 years
ago, accused of malicious destruction. He
was already a neglected and abused child,
a runaway and a truant. His mother want-
ed to kick him out of her home when he
was 10 years old. At 15 he fractured a
kid's skull with a brick for teasing him
and was later arrested for arson. Psychol-
ogists claimed he suffered from neuro-
logical dysfunction, attention-deficit dis-
order and poor impulse control. For a
time, Ritalin, an antihyperactivity drug,
helped. But two years ago, he was arrest-
ed for assault, and in 1991 he was busted
for possession of cocaine and joyriding.
ment efforts to rid their home of the toxic metal.
A child's fate often
As Donnell is handcuffed and led out the
Court papers described the home as filthy, unsani-
depends on the
courtroom door, his mother is asked if she would
tary and insect infested.
like to talk to him. "I ain't got nothin' much to
Apparently little has changed since then. Law-
compassion of a
say," she mutters, turning away. Her son does not
yers in Master Bright Walker's courtroom pass
caseworker
look at her as he walks out.
around recent photographs of the same house.
Antwan's case is one of 1,070 hearings that
The photos display insects crawling in a bowl of
moved through the court in this single week. Last
soup; trash containers overflowing; food spoiling
year juvenile court accounted for 61% of all
on a table; bare, broken mattresses; pornographic
Nearly 10,000
Eighth Circuit Court hearings. Moving cases
pictures strewn on the floor.
reports of child abuse
through the gridlocked court is often more impor-
The Travis family could be torn straight from
or neglect are investi-
tant than dispensing justice. In 1991 about 14,000
the pages of a William Faulkner novel: a clan to ri-
new cases were filed, or 20% more than five years
val the Snopeses in its deviance. Emily's older
gated each year in
ago. Delinquency cases jumped 15%, while abuse
brother maims rats in an alley for recreation. Her
Baltimore. Nationwide
and neglect cases soared 40%.
younger brother's medical reports indicate he may
reported cases have
have suffered anal penetration. Emily claims her
climbed 226% during
father has touched her breasts and genitalia.
Emily
To sort out the family's history of incestuous
the past decade, with
relationships, lawyers devise a complicated family
2.4 million in 1989.
Nearly 80% of juvenile-court work involves
S
youthful offenders like Antwan. The rest focuses
tree. The man accused of molesting Emily is not
About 35% of these
on abused and neglected children. Perhaps the
only her father but also her step-grandfather.
were substantiated;
most tragic case to pass through Baltimore's juve-
Emily and her three siblings are the result of an in-
more than half of
nile court this week involved Emily Travis, 6. Sev-
cestuous relationship their mother had with her
those involved
eral months earlier, Emily had told two depart-
stepfather. And Emily had been sleeping in a bed
ment-of-social-services workers that her father
with her mother and her father.
physical abuse, and a
sexually abused both her and her sister Tracy, 10,
Child-welfare worker Viola Mason, who re-
quarter were sexual-
S
in the bedroom while their mother cooked dinner.
moved Emily from her parents' house, is concerned
abuse cases. More
Since then, Emily has been in a foster home. The
that the family may again slip out of the control of
than half of all con-
court hopes to find a permanent place for her.
social-service authorities. The department wants
firmed abuse reports
Clinging to a doll that plays It's a Small World,
the court to place Emily in a foster home.
Emily walks into the court's waiting room, a win-
This court, as parens patriae (literally father of
and 75% of child
dowless place, where children play with a well-
the country), spends a lot of time trying to salvage
deaths involve alcohol
worn set of plastic blocks. This is not her first visit.
children's lives and build new homes for them. But
or drug abuse on the
Three years ago, high levels of lead were found in
a climate of increased litigiousness and confronta-
part of parents.
Emily's blood; her parents resisted health-depart-
tion, along with a lack of money, has made the task
TIME, JANUARY 27, 1992
51
wasn't for real," she says. "I lied." But her denial
rings hollow.
"Do you like your dad?" Sullivan continues.
Yes, says Emily. "He gives me money." She adds
that her father promised to give her gifts and a
party when she comes home.
As often happens in these circumstances, the
lawyers cannot agree on a solution for Emily.
Since the girl has recanted and no physical evi-
dence of abuse exists, it appears she may go home
with her parents. "It's an injustice," observes
child-abuse expert Betsy Offerman, who has fol-
lowed Emily's case. "It seems that no matter what
we know, there is always a loophole that means
the child will go back into the situation, and the cy-
cle continues." Offerman explains that there is a
tremendous incentive for children to deny sexual
abuse. "The message kids get is, 'If I say some-
thing, I will go to court and get taken away from
my family,' Offerman says. "They start to think it
is better for them if they keep their mouths shut."
Offerman used to be a therapist in the social-
service department's sexual-abuse-treatment unit,
which was closed in 1990 because of budget
constraints.
As the lawyers continue to argue in a corridor,
Emily falls asleep on her cousin's shoulder in the
courtroom. Then Master Walker arrives. At first
things go badly for the social-services department.
Emily's lawyer prompts a social-services worker to
concede that the allegedly filthy house had been
cleaned in time for a later scheduled visit. The attor-
ney for the child's mother then gets the worker to
admit that Emily's older sister Tracy has denied all
charges of sexual abuse. Under questioning from
the father's lawyer, the worker acknowledges that
there is no physical evidence of sexual abuse.
Then Offerman testifies. Emily, she says, de-
scribed her father's fondling as a game. "She
talked about it as if she were going to a birthday
party," says Offerman. "She had no sense of taboo
around this." Offerman relates that when the fa-
ther was told Emily was being removed from his
home, he retorted, "You ask Tracy. She'll say
nothing happened."
Finally Emily herself sits down on a wooden
chair pulled up at the end of a long table to the
side of the master's raised desk. "Do you remem-
ber talking to Miss Betsy?" asks Emily's lawyer,
A violent culture
tougher. In addition, the overburdened Baltimore
pointing to Offerman. The distraught child says
has spawned a new
city social-services department has pathetically in-
nothing but fingers a piece of chalk she has carried
adequate means to care for the children after they
from an interview room. "Was what you told her
breed of offenders
are removed from their homes, a situation that
the truth?" the lawyer asks. Emily shakes her head
undermines the department's mission from the
no, then buries it in her elbow.
start.
A few minutes later, social-services lawyer
Before Emily's hearing begins, her Legal Aid
Donna Purnell tries to cut past Emily's reluctance
Bureau lawyer, Joan Sullivan, takes her by the
to admit what she believes happened. "Are you
hand and walks her upstairs to a quiet corner. She
scared that if you tell, you won't go home?" she
asks Emily how she feels in her foster home. "I'm
asks? Emily nods yes. "If you said something to
still scared," says Emily. "At night I see shadows
Betsy, would you be scared to say it now?" Emily
on the wall. Monsters." The social-services de-
nods her head yes again. "Does Daddy ever tickle
partment wants to place Emily with a cousin, but
you?" "On my feet. On my leg." Just 15 ft. away,
the young girl wants to live with her grandmother.
her father leans forward, rests his elbows on the
No matter how Sullivan feels about the matter,
bench in front of him and stares right at Emily.
she is obligated to express to the court whatever
The final witness is Tracy, a chubby girl who
Emily, her client, wants. And that may not always
smacks on chewing gum until Master Walker
appear to be the best solution.
makes her remove it. In short order, the girl denies
Sullivan asks if Emily knows why she had to
her father ever touched Emily and says Emily nev-
leave home. Emily says she does not, and then she.
er told her of any abuse. She also claims she is not
spontaneously recants her claims of abuse. "That
afraid of her father.
54
TIME, JANUARY 27, 1992
"Is there a reason why you wouldn't tell the
vices caseworker told Sweeney she could not take
truth if your father did touch you?" asks Purnell,
her grandchildren, but she did anyway. After she
trying to unmask the apparent cover-up. Tracy
got them home, they all broke into tears.
says no. Suddenly, Master Walker's loud voice
Then Sweeney called the social-services depart-
booms across the courtroom. "She's giving more
ment and explained that she was not well enough to
signals than a third-base coach for the Boston Red
care for her grandsons herself, but she wanted the
Sox," Walker says, gesturing toward the girl's
brothers kept together. Instead the boys were
mother. He has been watching her coach Tracy
placed in separate foster homes. Tommy, the youn-
from the bench nearby.
ger, slept on a urine-stained mattress without a
Afternoon has slipped into evening. Emily's
sheet. "He cried pitifully," Sweeney recalls. "He
mother yawns. When closing arguments end,
wouldn't eat or play. He sat with a shopping bag un-
Walker, a kindly 20-year veteran of the bench who
der his arm." The youngster was returned to his
writes haiku and dabbles in abstract painting,
grandmother's house, but soon his mother, who
S.
rules that sexual abuse did, in fact, occur. After lis-
temporarily cleaned herself up with the help of a de-
tening to two hours of testimony, Walker is con-
tox program, regained custody of the boys.
vinced that Emily has been sexually abused by her
Things only got worse. One night Timothy
father and wants to protect her from having it hap-
walked downstairs to find his mother injecting
pen again. He orders Emily to remain in foster
drugs into her arm. Within months, the children
care and asks social services to evaluate the suit-
were back with social services.
ability of placing her in a relative's home.
This time, after reviewing the case, lawyer
Judge David
Doll in hand, Emily leaves the courtroom. In
Watts has designed an agreement that allows the
Mitchell believes
the empty corridor, her siblings hug her and say
boys to remain under official jurisdiction and con-
goodbye. A few minutes later, Emily walks with
tinue a program of therapy. Sweeney will retain
only fundamental
her caseworker out of the building and back to her
visitation rights. The boys want to live with their
change can save the
foster home, perhaps separated from her parents
aunt; the department will try to help the woman
forever. The court has done what it can.
afford better housing so that she can take them in.
system and its
Finally Tommy will be assigned a Court-Appoint-
children
Timothy and Tommy
ed Special Advocate volunteer, who will look out
for his best interests.
to
Julie Sweeney often wonders if her two cute
Almost every child at Clarence Mitchell could
grandsons traded one horrible situation for anoth-
use an advocate, but there aren't enough to go
r-
er when they were uprooted from their mother's
around. "It's overwhelming, and nobody really
to
home and placed in foster care. Today she has
has the time to prepare them for what's happen-
brought Timothy, 11, and Tommy, 9, to court to
ing," says Diane Baum, who heads Baltimore's
review their foster-care status. Their mother, Cas-
more than 160 volunteer advocates. What is need-
at
sandra, Sweeney's 31-year-old daughter, is home-
ed, says juvenile-court administrative Judge David
less; she chose cocaine over her two sons. There's
Mitchell, is "a fundamental change in the way so-
e-
a warrant out for her arrest on charges of prostitu-
ciety views the family and children." Nothing less
ne
tion, so she won't appear in court today. "Cocaine
than that will make the system work.
The Maryland
became her lover," Sweeney explains. "She told.
department of
DO
me the high was so good that she wanted it, even if
Antwan's Hope
juvenile services
it meant losing everything she had. She does love
spends $60,000 a
her children, but she loves Mr. C. more."
Sometimes, though, against all odds, it does
ay
Sweeney, in her early 60s, is not well enough to
work. Days after Antwan Davey left court with his
year to lock up an
take care of her grandsons. She waited for more
mother, Choice counselor Bob Cherry, a graduate
offender at Charles
than two years for the social-services department to
from the tough streets of Boston's Southie district,
H. Hickey School, a
rescue them from their mother's destructive grasp.
paid his second visit. Like a shy colt, Antwan
grim correctional
m-
"I was sending food to them by taxi at their mother's
leaned close to Cherry as the young man drove the
facility, but only
er,
house," she tells Legal Aid Bureau lawyer Lisa
boy around town in his white Chevy Monte Carlo,
ys
Watts as they sit in the stuffy waiting room. "They
its throaty exhaust pipes growling.
$200 a year per
ed
were abused and hungry. They turned into children
Everyday Cherry and members of his
delinquent for pre-
ier
of the streets." Despite the grandmother's frequent
Choice team keep tabs on Antwan; so far, the
ventive services.
ad
requests, the children were not removed from the
boy's mother has only good things to say about
The department of
home. "[My daughter] was selling furniture out of
the program. "They say he's got to call every-
social services,
ver
the house and threatened to kill the younger boy. I
day," she says. "He has to come home. at cer-
called protective services again. They went in and
tain times and not hang out in the wrong
which handles
ou
said-the house looked O.K. It's the laxest organiza-
places. I don't let him hang out at the play-
neglect and abuse
she
tion I've ever seen."
ground anymore." Even Antwan is impressed
cases, is cleaning
to
Finally Sweeney decided to become the chil-
with Cherry. "He seems like I can trust him."
up its act under a
dren's forceful advocate. "Push, push, push," she
After the car ride, Antwan steps back inside
court-ordered
kle
says. "Nothing ever works according to the sys-
his apartment to do his homework. His mother
ay,
tem. Someone in the family has to do it." Two
unscrews the light bulb from the kitchen socket
consent decree.
the
years ago, when Cassandra's drug habit became
and screws it into the living-room ceiling. Its harsh
But further state
uncontrollable, Sweeney says the social services
glow illuminates a poster on a far wall of a black
budget cuts threat-
who
informed her it had no home available in which to
boy crying. "He will wipe away all tears from their
en to undo that
ker
place her grandchildren. So the next day Sweeney
eyes," the poster reads, "and there shall be no
remedial work.
went to collect the boys. Her daughter, high on
more death, nor sorrow, nor crying, nor pain. All
drugs, slumped on the couch, while men walked in
of that has gone forever. -Revelation 21: 4"
not
to buy drugs from someone upstairs. Cassandra
- With reporting by Melissa Ludtke and James
was using cocaine, PCP and Ritalin. A social-ser-
Willwerth/Baltimore
TIME, JANUARY 27, 1992
55
READER'S DIGEST SPECIAL REPORT
How many more
innocent victims must
be violated or murdered
before we get tough
with sex criminals?
Freed
to Rape Again
By ROBERT JAMES BIDINOTTO
B
Y THE TIME Michael L. Reese
State Hospital, Reese was declared
was 17, he had sexually as-
a "successful graduate" and pa-
saulted at least four children. Each
roled. Then he tried to sodomize an
time he was caught he spent, at
11-year-old girl. He got three-to-
most, a few months in a youth
ten more years, but was paroled
facility or in counseling.
after serving the minimum sen-
Later, given six years in prison
tence. Last December, Reese kid-
for a rape, Reese was paroled in
napped and tried to sexually assault
three. Within weeks, he attacked
a young woman.
another girl and got six months in
James Charles Stark got three
jail. Soon after his release, he raped
years to life for a kidnap-rape in
again. But the judge refused to
California. He was paroled in less
impose any mandatory minimum
than three. After attempting rape
term. "I feel that is inconsistent
again, he got one-to-20 years but
with having him treated," he said.
was freed in three. Six months later,
After spending three years in a
he molested a 14-year-old girl.
sex-offender program at Oregon
Stark was sent to Patton State
PHOTO: © ROBERT ESSEL/THE STOCK MARKET
53
Hospital near San Bernardino. Af-
Teen-agers Timothy Anthony
ter four years there, he was re-
Combs and Danny Lee Hill were
turned to court and was sentenced
well known to authorities in War-
to eight years in prison. Paroled
ren, Ohio. Combs, who had an
only a year later, he then kid-
extensive arrest record, had been
napped, raped and shot a teen-age
convicted for gross sexual imposi-
girl.
tion on another boy. Hill had been
Sickening cases like these two
given a "permanent commitment"
are occurring with alarming fre-
to juvenile facilities after raping
quency, a nationwide Reader's Di-
two women at knifepoint, during
gest investigation has discovered.
which he threatened to kill his
Of the thousands of chronic rapists
victims and rape one woman's
and child molesters who prey on
three-year-old daughter. While in-
society, surprisingly few are arrest-
carcerated, Hill sexually molested a
ed or convicted. And for those who
boy and threatened other boys with
are, the punishment rarely fits the
violence. Nevertheless, he was re-
crime.
leased after only a year.
Their juvenile offenses are glossed
On September 10, 1985, 12-year-
over. They are allowed to plea-
old Raymond Fife of Warren,
bargain. They are put on probation.
Ohio, was biking to a Boy Scouts
When they do receive prison terms,
meeting. He never made it. Hill
they are paroled early. "Most re-
and Combs raped, beat and tor-
turn to their predatory ways," says
tured Raymond. After choking
Capt. Thomas Cronin of the Chi-
him with his clothes, they impaled
cago Police Department, a noted
the unconscious boy with a stick.
expert on criminal psychology.
Then they set him on fire.
"Often, their behavior escalates in
Raymond, who was found by his
frequency and brutality."
father, Isaac, never regained con-
Haunting Picture. "Up to the
sciousness and died two days later.
mid-1960s, we saw few juvenile sex
The horrors of that evening still
offenders," reports veteran forensic
haunt Isaac. "I can't tell you the hell
psychologist John Cochran. "To-
he has had to live with, seeing that
day, there's a flood."
picture in his mind," says his wife,
The justice system has failed to
Miriam.
come to grips with the problem. A
"Bargain Day" in Court. Investi-
study commissioned by Utah juven-
gators have discovered that by the
ile-court executives explained that
time sex criminals reach adulthood
many sexual offenses by youths
most have committed an extensive
went unreported, or charges were
number of offenses that are never
dropped, redefined as nonsexual
reported. Psychologist Philip
crimes or minimized by officials as
Humbert of Eugene, Ore., was
normal "experimentation."
treating eight sex criminals charged
54
SPECIAL REPORT
with I6 offenses in all and convict-
robbery. His three-to-15-year sen-
ed of 12. The eight admitted to over
tence was suspended. Hemphill
13,000 deviant acts, including mo-
was put on probation and sent back
lestation and rape.
to California.
When the FBI's Behavioral Sci-
A few months later, in May 1988,
ence Unit in Quantico, Va.,
a janitor at Hollywood High
researched the backgrounds of in-
School followed a 200-foot trail of
carcerated serial rapists, they found
blood to a ventilation shaft. There,
that 4I of them were responsible for
strangled and sexually assaulted,
at least 837 rapes and over 400 more
was the body of teen-ager Robert
attempts. In a study funded by the
Campo, Jr. Hemphill was soon ar-
National Institute of Mental
rested and allowed to plea-bargain
Health, Emory University psychia-
to second-degree murder. He will
trist Gene G. Abel found that 453
be eligible for parole in 1998.
criminals admitted to molesting
"More than one person murdered
more than 67,000 children. Those
my son," says Robert's mother, Mary
who abused girls had an average
Campo. "The whole criminal-
of 52 victims each. But men who
justice system let us down."
molested boys had an astonishing
Crazy Like a Fox. Many of us
average of 150 victims.
assume that anyone who would
When these repeat sex offenders
molest, torture or kill women or
are finally caught, they are encour-
children must be insane. As a re-
aged to plead guilty to lesser
sult, says Terry Miller, an Oregon
charges in exchange for reduced
therapist who has worked with
punishment. Multiple charges
many violent offenders, "treatment
pending against them are dropped,
programs have been used as a sub-
and they are often given probation
stitute for imprisonment." The
instead of prison. Wisconsin Court
Vermont-based Safer Society Pro-
of Appeals Judge Ralph Adam Fine
gram, which monitors treatment
asks, "What is the serial rapist to
efforts, reports that such programs
think when it's 'bargain day' at the
have mushroomed nationally, from
courthouse: three rapes for the
fewer than 600 in 1986 to over 1400
price of one?"
today.
Melvin Hemphill was arrested in
Yet, increasingly, experts reject
Hollywood, Calif., for robbery and
the view that sexual deviants are
accused of sexual assault by the
mentally ill. Virginia clinical psy-
victim. A plea bargain dropped all
chologist Stanton Samenow has
but a misdemeanor charge. Hemp-
studied criminals for over 20 years.
hill was freed on two years' proba-
"The sex criminal is anything but
tion. Arrested again for robbery
'sick.' He is calculating and deliber-
and sexual assault in Ohio, he was
ate in his actions. He just shuts off
allowed to plea-bargain only to
his knowledge of right and wrong
55
long enough to commit his crimes."
Even though he repeatedly violated
Warren Bland, a serial rapist,
treatment rules, a court allowed
was sent to California's Atascadero
him to move to Idaho and enroll in
mental hospital, released on proba-
another therapy program. Officials
tion, convicted for more rapes,
there said he seemed to be "benefit-
imprisoned and paroled. He then
ing from the sessions." Less than a
abducted, sexually assaulted and
month later, he was arrested for
tortured an II-year-old boy with
molesting another boy. Dodd was
clothespins, wire and pliers. "I get
ordered to resume treatment.
my fun this way," Bland told the
Dodd moved back to Washing-
screaming child.
ton, abused a four-year-old for
Sexual predators take their pri-
months, then tried to lure another
mary pleasure in dominating a
boy to an empty building. He spent
helpless victim. "They like playing
118 days in jail, was again put on
God," says Miller.
probation and ordered to seek
No "Cure." Oregon researcher
treatment.
Lita Furby and two associates re-
In September 1989, Dodd raped
viewed the re-offense rates of sex
and killed William and Cole Neer,
criminals from treatment programs
ages ten and II. In October he
throughout North America and
sodomized four-year-old Lee Iseli,
Europe. They concluded: "There is
then hung the boy in a closet to die.
as yet no evidence that clinical
In November, Dodd was caught
treatment reduces rates of sex re-
trying to abduct another boy from
offenses." Cautions forensic psy-
a movie theater. He now awaits
chologist Cochran, "Treatment has
execution.
been oversold."
Theodore Frank was convicted
Moreover, the legal system rarely
of numerous sadistic sexual assaults
monitors offenders once they are
on children. Frank was committed
diverted into therapy. "Judges and
to, then released from, several men-
parole boards order sex criminals
tal hospitals, where he became an
into treatment, but do not necessar-
eager student of psychology. He
ily follow up when they quit," com-
was invited back to a California
plains Steve Jensen, director of the
hospital to lecture as a guest speak-
Center for Behavioral Intervention
er and model of the effectiveness of
in Beaverton, Ore. And too often
therapy.
psychiatrists recycle dangerous of-
Weeks later, he raped, mutilat-
fenders back onto the streets, says
ed, then strangled a two-year-old
Wisconsin's Judge Fine.
girl. "When convenient," he admit-
Convicted of exposing himself
ted, "I have used my knowledge of
to a small boy in Washington,
psychotherapy as an ongoing game
Westley Allan Dodd entered a
of manipulation."
sex-offender treatment program.
"Sexual offenders are far better
56
SPECIAL REPORT
at manipulation and deceit than
Though a judge must make sure
many therapists can comprehend,"
that a trial is not overly traumatic to
says therapist Jensen. "And I admit
victims, Fine contends that "in my
that I can be fooled by them."
experience, the victim's worst trau-
Common-Sense Solutions. Sex-
ma-occurs when the attacker isn't
ual criminals must no longer be
properly punished."
allowed to terrorize society with
In addition, the lunacy of basing
impunity. To control this growing
parole on a sex criminal's behavior
menace, psychiatric experts and
in prison must end. "Of course the
law-enforcement officers suggest
rapist or pedophile is going to be-
these measures:
have himself behind bars," observes
1. Get tough on first offenders.
Captain Cronin. "No women or
For those who commit violent as-
children are there to attack."
saults or sexually abuse children,
3. Track them. Whenever sex of-
penalties should be massive from
fenders are freed, their activities
the outset. Too many first-time sex
must be carefully supervised and
offenders get suspended sentences
monitored.
or probation. "This is a gross per-
"Right now, our country has
version of justice and common
huge gaps in the identification and
sense," argues Chicago's Captain
tracking of convicted sex offend-
Cronin. "When first offenders get a
ers," declares Ernie Allen, presi-
slap on the wrist, they think, 'I've
dent of the National Center for
beaten the system.' They get the
Missing and Exploited Children.
wrong message from the start."
David Barry Harrington was
Experts warn that therapy should
convicted of child molesting in
never be a substitute for incarcera-
Connecticut. While under investiga-
tion. "Every sex offender should do
tion for a similar crime in Vermont,
some jail time," Jensen says. "It
he disappeared. Then Harrington
gives them a taste of reality."
became principal of a private school
2. Get even tougher on repeaters.
in Maryland, where he molested sev-
Jill Otey, a former sex-crimes pros-
eral young boys. A pre-employment
ecutor in Portland, Ore., who helps
background check of Maryland re-
victims with civil suits, says of vio-
cords had revealed none of his out-
lent rapists, "After the second of-
of-state crimes.
fense, such attackers deserve life in
California requires anyone con-
prison. Why give them a third
victed of specified sex crimes to
chance?"
register with the state, and to notify
But tough sentences can be
local police whenever they move.
undermined by plea bargaining,
The registry helped lead police to
which is sometimes meant to spare
serial rapist Warren Bland, for ex-
victims further pain. "This puts the
ample, and to William Bonin, the
rest of us at risk," Judge Fine says.
infamous "Freeway Killer," who is
57
READER'S DIGEST
currently on death row for 14 sex
They arrested Matthew Rosen-
murders.
berg, 14, who later pleaded guilty to
"There should be a sex-offender
first-degree murder in juvenile
registry in every state, and these
court. But the criminal-justice sys-
should be coordinated through a na-
tem responded in all-too-familiar
tional network," says Ernie Allen.
ways. The Massachusetts Depart-
ment of Youth Services placed Ro-
THE ULTIMATE PRICE of our lenien-
senberg in sex-offender therapy,
cy toward violent sexual marauders
from which he may be released
is paid each year by the thousands
as early as March. A DYS spokes-
whose lives are destroyed.
woman explains, "Every kid should
Five-year-old Kenny Claudio of
be given a chance."
Roslindale, Mass., left his house to
"He's a rapist and a murderer.
play one October afternoon. He nev-
How many chances does he get?"
er came back. A few days later, police
asks Marilyn Abramofsky, the
discovered Kenny's body. in a gar-
woman who raised Kenny. "My
bage bag. He had been sexually as-
Kenny is dead. How many more
saulted, then drowned in a bathtub.
have to die?"
Reprints of this article are available. See page 218.
Autumn Memory
THE SUN, belying the thermom-
where warmth might bring comfort.
eter's reading, streamed through the
I looked down at my paring to
kitchen window, resting on the
discover that I was removing the ap-
counter where an old apple sat. Three
ple's skin in one long peel, round and
weeks ago, I'd bought it from the
round its surface in an unending cir-
woman at the roadside stand. She and
cle, and I saw my grandmother's
I praised the weather that fine Indian-
hands performing this task many years
summer day, for it was the last of
before. When I came home from school
autumn's brilliance.
tired and fussing, she would take a
I sighed as I put the paring knife to
bright red apple from the fruit bowl,
the apple and prepared to cut away its
peel it thus and slice it into six even
bruised spots before slicing it for my
pieces and silently hand them to me.
fruit salad. Overhead movement
Abandoning my fruit salad, I cut
caught my eye. I looked out the win-
my old apple into six even pieces,
dow to see a flock of birds fly in
carefully placed them in the blue dish
formation like winged soldiers in pre-
that had belonged to my grandmother
cise step with one another: They flew
and sat down to enjoy them, marvel-
across my vision and out of sight-no
ing at the small miracle that allowed
doubt to some warmer clime. It caused
my grandmother to return in memory
me to wonder for a moment if I, too,
to comfort me.
should fly away, chancing a new place
-Judith Coulter in New York Times
58
DOES PRISON PAY?
THE STORMY NATIONAL DEBATE OVER THE
COST-EFFECTIVENESS OF IMPRISONMENT
John J. Dilulio, Jr., and Anne Morrison Piehl
oday the U.S. prison population is hovering around
prison systems and estimated that the annual per pris-
the 800,000 mark. Before the end of the decade, it will
oner cost of confinement was $25,000. Using national
T
easily surpass one million. Most analysts place the av-
crime data and the findings of criminal victimization
erage annual cost per prisoner at $25,000, and the la-
surveys, he estimated that the typical offender commits
bor-intensive business of penal administration would
187 crimes a year and that the typical crime exacts
appear to offer no appreciable economies of scale.
$2,300 in property losses or in physical injuries and hu-
Building, staffing, and paying for prisons is the fastest-
man suffering. Multiplying these two figures, he cal-
growing item in most state budgets. Not surprisingly,
culated that, when on the streets, the typical impris-
a debate is raging over the cost-effectiveness of impris-
oned felon was responsible for $430,000 in "social
onment. The debate is being waged as a numbers
costs" each year. Dividing that figure by $25,000 (his
game, with conservatives citing figures to show that
estimate of the annual per prisoner cost of confine-
"prison pays," and liberals citing figures to insist that
ment), he concluded. that incarceration has a benefit-
it doesn't. So far, partisans appear not to have noticed
cost ratio of just over 17. The implications were un-
that the kind of empirical analysis that would justify
equivocal. According to Zedlewski's analysis, putting
strong generalizations on either side of the argument
1,000 felons behind prison bars costs society $25 mil-
has yet to be done.
lion a year. But not putting these same felons behind
John J. Dilulio, Jr.,
Given the fledgling state of empirical work, we
prison bars costs society about $430 million a year
is professor of politics
question the wisdom of the rush to judgment. Our ar-
(187,000 crimes times $2,300 per crime).
and public affairs at
gument, which is based on our analysis of prisoner
At least within criminal justice circles, NIJ's reports
self-report survey data gathered from the largest sci-
tend to get noticed, and like any study that bucks the
Princeton University.
entifically selected sample of prisoners in a single sys-
conventional wisdom in a credible (or credible-look-
Anne Morrison Piehl
tem ever undertaken, moves from a simple benefit-
ing) way, Zedlewski's analysis attracted its share of crit-
is a Ph.D. candidate
cost analysis of imprisonment. Needless to say, such an
ical attention. In a 1988 article, "The New Mathemat-
analysis addresses many empirical and normative issues
ics of Imprisonment," published in the journal of the
in the department of
weakly or not at all. But benefit-cost analyses of im-
National Council of Crime and Delinquency, noted
economics at Princeton.
prisonment have figured prominently of late in na-
penologists Franklin E. Zimring and Gordon Hawkins
This paper was
tional debates about corrections policy, and many
charged that Zedlewski's analysis was fatally flawed.
judgments about the efficacy of imprisonment policies
Zimring and Hawkins argued that Zedlewski had
prepared with the
rest on implicit estimates of the costs and benefits of
overstated the net benefit of incarceration by inflating
support of the research
imprisonment.
the numerator (crimes per offender and social costs per
program in criminal
crime) and deflating the denominator (annual per pris-
The Zedlewski Controversy
oner costs of confinement). They cited several good
justice at the Princeton
In July of 1987 the National Institute of Justice pub-
studies to bolster their charge, including one indicating
Center for Domestic
lished a report entitled "Making Confinement Deci-
that the typical offender commits fewer than 20 (as
sions," by NIJ economist Edwin Zedlewski. Essen-
and Comparative
opposed to 187) crimes in a year.
tially, Zedlewski's study was a benefit-cost analysis of
But Zimring and Hawkins did not use their insights
Policy Studies.
imprisonment. He surveyed cost data from several
into Zedlewski's methodological errors to recalculate
28
THE BROOKINGS REVIEW
COPYRIGHT BY COMSTOCK INC
the benefit-cost ratio of imprisonment. Instead, they
tween 135 and 202 thefts a year. Although there is
asserted that such measures were inherently unreliable,
substantial variation in offense rates, the general pat-
dismissed Zedlewski's study as "the wrong dog barking
tern is that the pettier the crime, the more frequent the
up the wrong tree," and concluded by lamenting that,
offense. Zedlewski's use of averages obscured these
despite sharp escalations in the nation's prison popula-
distinctions and inflated savings estimates.
tion, many people continue to demand more prisons.
Also obscured in the big picture drawn by Zed-
They were joined by other critics who, in effect,
lewski are the differences among jurisdictions. States
wanted to have their corrections cake and eat it too.
vary in many ways, including laws and the austerity
The logic of Zedlewski's fiercest critics was like the
with which they are enforced, the structure of the
logic of nihilists who insist not only that people believe
prison and jail systems, the generosity of the welfare
in nothing but in their particular brand of nothing.
system, and economic vitality. These differences
Metaphorically speaking, one is free to believe that the
influence the benefit-cost calculation by affecting the
benefit-cost ballpark doesn't exist, but having taken
costs of incarcerating individuals and the characteristics
that position, one cannot logically proclaim anyone to
of the arrested offenders. States that imprison a high
be out in left field (or, in this case, right).
proportion of offenders are likely to gain less at the
There was, indeed, no shortage of serious
margin than states known for their liberal attitudes to-
methodological and related problems with Zedlew-
ward imprisonment. Whereas the Zedlewski approach
ski's analysis. Zedlewski, for example, quoted the re-
in a sense gives a benefit-cost estimate for the nation,
sults of a survey by the RAND Corporation that "in-
a measure at the state level, which is the decisionmak-
mates averaged between 187 and 287 crimes per year,
ing unit, is of more policy relevance.
exclusive of drug deals." Although he noted that half
the inmate population committed fewer than 15
Beyond Willie Horton
crimes a year, so that the median number of crimes
The controversy surrounding Zedlewski's analysis
committed was 15, he used the mean (or average) in
widened with Richard B. Abell's 1989 essay "Beyond
his analysis. Making this one adjustment (using 15
Willie Horton: The Battle of the Prison Bulge," pub-
rather than 187 for the number of crimes averted
lished in Policy Review, a journal of the Heritage Foun-
through incapacitation of a criminal) reduces the
dation. In this article, Abell, an Assistant Attorney
benefit-cost ratio to 1.38.
General of the United States, repeated Zedlewski's
Zedlewski's research also brings up several aggrega-
findings. He used anecdotes to put flesh on the reality
tion issues, both across crimes and across jurisdictions.
behind the numbers and to illustrate the potential costs
The RAND survey, of offenders in prisons and jails in
of not imprisoning criminals. For example, Abell re-
California, Michigan, and Texas, contained self-report
counted the tale of a Michigan prisoner who in 1975
data on criminal activity, demographics, and criminal
brutally shot and killed two people in a Detroit bar. A
records. The survey reported that inmates who com-
plea bargain reduced the killer's two first-degree mur-
mitted burglaries averaged between 76 and 118 annu-
der charges to second degree, and he received a 20- to
ally, while lesser thieves reported they averaged be-
40-year prison term. But on the day he entered prison
A DEBATE IS RAGING OVER THE COST-EFFECTIVENESS
OF IMPRISONMENT, WITH CONSERVATIVES CITING
FIGURES TO SHOW THAT "PRISON PAYS," AND LIBERALS
CITING FIGURES TO INSIST THAT IT DOESN'T.
30
THE BROOKINGS REVIEW
he was automatically granted nearly 10 years of "good-
The debate, however, has continued. Zedlewski
time" credits. He kept those credits even though, after
has defended his research against its critics, and the
dozens of serious disciplinary infractions, his behind-
chief finding of "Making Confinement Decisions"
bars behavior was anything but good. His confine-
continues to be cited as settled fact in the popular me-
ment time was further reduced under the terms of
dia. In the November 1990 issue of Reader's Digest, for
state laws designed to relieve prison overcrowding. In
example, Zedlewski's 1987 study was cited to support
1984, after serving only eight and a half years of his
the argument that "to pen every serious offender will
minimum sentence, the killer returned to the streets.
cost billions, but it's money well spent." The entire
Within three months of his early parole, he and a fe-
text of the article was reprinted as a full-page ad in the
male accomplice-a fugitive who had been serving
New York Times on October 17, 1990.
time in a halfway house-killed again. This time the
Last December one of us published a report on cor-
victims were a young woman, who was shot as she
rections in Wisconsin that featured an analysis of the
opened her front door, and a local policeman, the fa-
benefits and costs of imprisonment in that state. The
ther of six children.
report, published by the Wisconsin Policy Research
Abell's article generated a storm of commentary, es-
Institute, accounted for many of the methodological
pecially after an excerpt from it appeared as a featured
problems in Zedlewski's analysis, and estimated the
op-ed essay in the Wall Street Journal. In addition to
benefit-cost ratio to be a little less than 2. Neverthe-
railing against Abell's use of a graph that showed crime
less, fierce critics of the Zedlewski study, such as the
rates falling when imprisonment rates go up, many ex-
National Council on Crime and Delinquency, charged
perts challenged his uncritical reliance on Zedlewski's
that the Wisconsin report was meaningless, ignored its
findings and ridiculed his use of "sensationalistic"
qualifications, and caricatured its contents. Meanwhile,
anecdotes such as the one summarized in the preced-
individual champions of the Zedlewski study charged
ing paragraph.
that the Wisconsin report understated the net benefits
Abell's crime-imprisonment graph was misleading,
of imprisonment.
but not half as much as the critics' assertion that no re-
lationship exists between the probability of being im-
Estimating Crime Commission Rates
prisoned and the propensity to commit crime. Based
Hope for rational, nonideological discourse on this
on existing statistical evidence, the relationship be-
important public policy issue nevertheless springs
tween crime rates and imprisonment rates is ambigu-
eternal. Reasonable minds can and do differ over how
ous. By the same token, Abell's embrace of Zed-
best to conduct cost-benefit analyses of imprisonment
lewski's analysis was uncritical, but no more so than
policies, how best to interpret the results of such anal-
the facile rejection of the same by his (and
yses, and how, if at all, to fashion or reorient public
Zedlewski's) critics.
policies accordingly. Based on our reanalysis of rele-
Finally, there was nothing sensationalistic about
vant 1990 survey data from a scientifically selected
Abell's account. Policies that effect the release of con-
sample of more than 7 percent of the Wisconsin male
victed criminals have consequences, some of them
prison population, however, extremists on either side
ugly. It is not sensationalism to recount true stories of
of the Zedlewski debate are bound to be disap-
innocent people whose lives were ruined as a result of
pointed. In Wisconsin, the net benefits of imprison-
these policies. And it is not responsible to bury de-
ment are neither as large as Zedlewski's analysis would
tailed evidence of the harms caused by these policies
predict nor as minuscule as Zedlewski's strongest crit-
alongside their victims. Indeed, the Michigan killer
ics would assert.
discussed by Abell was atypical in that he had served
We follow other analysts, including Zedlewski, in
more time in prison than most murderers now do. Af-
excluding the effects of incarceration on future crime
ter lavishing good-time credits on its prisoners and re-
rates through general deterrence, rehabilitation, or
ducing their sentences to relieve overcrowding, Mich-
further criminalization of the offender. Because the
igan released thousands of violent criminals who had
applied research in this field gives us no firm basis for
served less than half of their sentences in confinement,
concluding that the net effects of prison time on fu-
with tragic results for many of the state's citizens. Sim-
ture criminality are significantly positive or
ilar policies and programs have operated with similar
significantly negative, we focus on incapacitation
results in many jurisdictions.
(based on prisoners' self-reported past history)-that
Still, the public debate over imprisonment policy is
is, the number of crimes averted because the offender
not enriched by analyses, systematic or anecdotal, that
was kept off the street.
overdramatize the benefits of keeping criminals behind
As other researchers have noted, a few offenders
bars. Weighing in on the other side, in a September
seem to be responsible for the majority of crimes com-
1989 report, the RAND Corporation summarized and
mitted, while the bulk of offenders commit a few
endorsed the academic and popular literature critical of
crimes each. To illustrate this, table 1 shows four diff-
Zedlewski's analysis. In a footnote, RAND stressed
erent ways to measure the number of crimes commit-
that Zedlewski had erred in using the mean figure of
ted per prisoner per year in Wisconsin. The average
187 crimes a year, when the median figure was 15
(mean), number of crimes per prisoner per year includ-
crimes a year. The report as a whole stressed the need
ing drug sales is estimated to be 1,834. The mean num-
to compare the costs and benefits of imprisonment to
ber of crimes excluding drug sales is 141. The median
the costs and benefits of other correctional sanctions,
number of crimes including drug sales is 26. The me-
especially intensively supervised probation programs.
dian number excluding drug sales is 12.
FALL 1991
31
difficult to translate these costs into dollar values.
Indeed, it is often difficult even to classify a con-
victed offender as a "robber," "burglar," or "drug
Table I. Wisconsin Prisoners' Yearly Crime Rate
dealer." About one-third of the property offenders
we surveyed, for example, acknowledged involve-
INCLUDING
EXCLUDING
ment in more than one category of crime in the four
DRUG SALES
DRUG SALES
months before their most recent arrest. Among other
problems, official information on a prisoner's convic-
Average
1,834
141
tion charge and past criminal record is often contam-
Median
26
12
inated by plea bargaining and the exercise of judicial
discretion.
Source: Calculations from the 1990 Wisconsin Prisoner Survey.
In the face of these difficulties, the analyst has at
least two options (apart from throwing in the towel).
It is worth noting here that most analysts have
One option is to come up with a single estimate of the
omitted drug sales from their calculations of the net
social cost per crime. In previous studies, many ana-
benefit of imprisonment. There is no pure method-
lysts (ourselves included) have done just that. As noted
ological reason why drug sales should not be included
above, Zedlewski used an estimate of social costs per
in such calculations. Drug sales are crimes, and they
crime of $2,300. Others have argued for and used both
involve both direct and indirect social costs. System-
higher and lower estimates. While not totally without
atic empirical knowledge about the economic and
merit, the single estimate approach results in grossly
other consequences of drug sales is scarce. Such data as
oversimplified calculations and does not enable one to
exist-for example, the June 1990 RAND report on
specify the net benefit of imprisonment for any given
drug dealing in Washington, D.C.-do not point
category of offenders. In addition, that approach does
clearly in the direction of leaving drug sales out of such
not capture the differences in the "crime mix"-that
calculations. The issue is complicated by individual
is, the types of crimes most frequently com-
moral attitudes toward the distribution of illegal drugs.
mitted-from one jurisdiction to the next.
Some people view drug sales as "victimless crimes"
A second option, and the one we will exercise
and favor drug legalization, while others view drug
here, is to restrict the analysis to given types of crimes.
sales as serious crimes at the root of many other crim-
The two basic categories of crime are violent crime
inal activities and social ills. Either view may affect
and property crime. We know enough to make social
one's inclination to include drug sales in calculations of
cost estimates for certain types of property crime (rob-
the net benefit of imprisonment.
bery, burglary, auto theft, and fraud, forgery, and petty
This is not the place to referee the drug debate. We
theft) and for at least one type of violent crime (as-
note, however, that a main reason why drug sales are
sault). So we will restrict ourselves to an analysis of the
widely viewed as socially harmful is that they are be-
net benefit of imprisonment for these crimes.
lieved to be strongly correlated with other criminal ac-
Using data drawn from the National Crime Survey
tivities. In the analysis that follows, although we will
and from a study of jury awards in cases involving pain
follow previous studies in excluding drug sales, we will
and suffering and time lost from work, Mark A. Co-
focus on several types of criminal activity that have
hen has estimated the dollar values of these crimes
been associated with drug involvement.
(table 2). The estimates account for pain and suffering,
risk of death, lost wages, and medical costs for psycho-
Estimating Social Costs of Crime
logical injury resulting from the crimes. Still, we ac-
Estimating prisoners' yearly rates of committing crimes
knowledge that further research is needed to refine
is only the first step in our analysis. The next step is to
these measures.
estimate how much these crimes would cost society
were the prisoners free to commit them. Or, to put it
another way, our next step is to estimate how much
society benefits from protecting itself from these
crimes through imprisonment. Analytically, it is a
Table 2. Estimates of Social Costs
complicated step, but not an impossible one.
of Selected Crimes
The reason for the complexity should be rather
obvious: different crimes impose different social
CRIME
SOCIAL COST
costs. Other things being equal, a bank robbery in
which someone is killed or seriously injured is more
Robbery
$ 12,060
costly to society than a bank robbery in which no
Assault
11,518
one is harmed. But does every burglary impose the
Burglary
1,314
same social costs as every other burglary? Is a petty
Auto theft
2,995
burglary more or less costly to society than an at-
Fraud, forgery, petty theft
110
tempted car theft that ends in vandalism? Are either
or both of these crimes more or less injurious to so-
Source: Mark A. Cohen, "Pain, Suffering. and Jury Awards: A Study of the
ciety than a routine drug sale? Generally speaking,
Cost of Crime to Victims," Law and Society Review, vol. 22. no. 3 (1988). We
without being arbitrary it is difficult to rank cate-
have revised Cohen's estimates to account for inflation and transfer of
gories of crimes in terms of their social costs, and
wealth.
32
THE BROOKINGS REVIEW
PARTISANS APPEAR NOT TO HAVE NOTICED THAT
THE KIND OF EMPIRICAL ANALYSIS THAT WOULD
JUSTIFY STRONG GENERALIZATIONS ON EITHER SIDE
OF THE ARGUMENT HAS YET TO BE DONE.
The Net Benefit of Imprisonment
ally there are several inmates who fit this profile, hav-
To assess the net benefit of incapacitation we must
ing committed 4 assaults a year. The offender at the
make some assumptions regarding who would be in-
25th percentile cutoff, offender E, committed 12 bur-
carcerated if prison capacity were expanded at the
glaries with an estimated $15,768 in social costs. Taking
margin, say by 100 cells. Some researchers have con-
a simple average of social costs of all of the property or
sidered lengthening sentences of those currently con-
assault offenders gives a mean value of $369,131.
victed, for example, by 10 percent, assuming they
would remain as criminally active as they reported
having been before their arrest. On the basis of evi-
dence that the probability of being punished has more
deterrent effect than the degree of the sanction, we be-
Table 3. The Social Cost of Property and Assault
lieve a more practical alternative is to consider sending
more offenders to prison. Zedlewski followed the
Crimes per Offender
same approach.
OFFENDER
COST
We have ranked the respondents to the Wisconsin
survey according to their "social costliness" in the
Average (mean)
$ 369,131
months just before arrest (see table 3). For each offen-
Median
46,072
der we calculated the total cost of having him on the
25th percentile
15,768
street for a year, committing crimes at the rate he re-
10th percentile
1,980
ported on the survey. For example, we simply multi-
plied an estimate of the number of robberies he would
Source: Calculations from the 1990 Wisconsin Prisoner Survey.
commit times $12,060, giving us a measure of the cost
of robberies he would do. Then we added a similar
Because attaching dollar values to criminal acts is
measure for the impact of his assaults (the number of
much more contentious for such crimes as murder and
assaults times $11,518 each), continuing the process for
rape, we do not consider those crimes here. In fact, we
each crime listed in the table. For technical reasons in
would venture that it is impossible to make an argu-
the way the estimates were constructed, the resulting
ment for incarcerating murderers based on projected
measure of "social costliness" is probably biased up-
social savings. Most murderers are not expected to kill
ward somewhat.
again because their crime was one of passion or the re-
Table 3 summarizes the statistics for the whole sam-
sult of drinking or drug use. Arguments for their im-
ple. It may be more illustrative, however, to consider
prisonment must be based on retribution and deter-
the criminal activities of a few actual offenders, shown
rence, which are quite valid, though not part of the
in table 4. As expected from our earlier observation
current discussion.
that a few individuals are responsible for most crimes,
Table 5 transforms the social costs associated with
the distribution of social costs is seriously skewed-an
different prisoners in the Wisconsin study into benefit-
important fact in interpreting the analysis. Offender A
cost ratios by dividing the numbers in table 3 by the
committed robberies at a rate of 151 a year and assaults
cost of incarcerating an offender. We use an estimate
at the rate of 12 a year, at a social cost of almost $2 mil-
of $25,000 per prisoner per year, which accounts for
lion dollars. Offender B committed 3 robberies and 3
cell construction costs and operating expenditures.
assaults a year, at a social cost of $70,734. Offender D
It clearly does not "pay" from an economic stand-
is considered the "median" offender; half of those sur-
point to keep the least criminal offenders behind bars.
veyed were more costly than he, half less costly. Actu-
But how do we know which estimate is appropriate to
FALL 1991
33
Table 4. Sample Criminal Profiles for Wisconsin Prisoners
AUTO
OTHER
SOCIAL
ROBBERIES
ASSAULTS
BURGLARIES
THEFT
THEFT
COST
A
151
12
1,959,276
B
3
3
70,734
C
3
12
51,948
D
4
46,072
E
12
15,768
F
18
1,980
assess current imprisonment policy? First, we need to
Greenwood, with Allan Abrahamse, helped kick off a
define which of the current inmates the hypothetical
"selective incapacitation" debate by proposing that it
additional 100 prisoners would be most like. To answer
is possible to identify and incarcerate only the very ac-
this question we need some evidence of how well the
tive criminals, thus achieving the same crime rate with
criminal justice system sorts out the high-rate, high-
a much lower prison population and saving a great
cost offenders. This depends on the degree to which
deal of taxpayers' money. The upshot of the debate,
police officers make accurate judgments about whom
however, is that it is difficult to precisely identify those
to arrest, how the ardor with which public defenders
offenders with information generally available to the
argue their clients' cases is related to criminality, and ju-
criminal justice system. A believer in the efficacy of se-
dicial decisions regarding the type and severity of sanc-
lective incapacitation would maintain that we could
tion imposed. One technique for approaching this issue
concentrate on the most hard-core criminals, freeing
would be to compare self-reports of those sentenced to
the lowest quartile of inmates. In future work we will
probation to those sent to prison to see how well
focus on more precise definitions of who the "mar-
judges and the participating attorneys do.
ginal offender" is and how to assess his likely level of
criminal behavior under such sanctions as parole or
early release.
Policy Implications
Table 5. Benefit-Cost Ratios of Incarceration
Though one cannot conclude whether or not prison
pays at the margin without further evidence on where
for Selected Types of Offenders
that margin lies, we venture that the criminal justice
system is able to do enough sorting that the margin
OFFENDER
RATIO
will fall below the mean but above the 10th per-
Average (mean)
14.77
centile. Consider, for example, using the median cost
Median
1.84
of a property offender as the estimate of the social cost
25th percentile
0.63
of the crime committed by the marginal offender.
10th percentile
0.08
The net benefits of imprisonment can then be ex-
pressed as follows. Imprisoning an additional felon
But even without such information, we can still
costs the state $25,000 a year, but letting him freely
learn something from the benefit-cost ratios of table 5.
roam the streets in search of victims costs society
Using the mean of the incarcerated population as a
$46,072 a year; imprisoning 100 people costs $2.5 mil-
proxy for the costliness of the next person imprisoned
lion, but leaving these criminals on the streets costs
for a property crime implies that you think the system
$4.6 million.
is unable to do any sorting. If this assumption is true,
The effect of other forms of punishment such as
increasing the number of prison beds is desirable pub-
parole, probation, intensive supervision, and electronic
lic policy, as nearly $15 in social costs is saved for every
monitoring on the ultimate benefit-cost ratio is not
$1 added to the imprisonment budget. Alternatively,
even considered here and must be the next step in un-
the choice of the median as an admittedly blunt instru-
derstanding more fully the economics of corrections.
ment implicitly assumes that the corrections commu-
At this point, we cannot conclude that a meticulous
nity can ascertain whether an-offender is likely to be in
benefit-cost analysis (aided by improved data availabil-
the most active half of the detained population, but
ity) would result in a ratio much greater than 1. While
cannot make a more specific determination based on
supporting the view that prison is useful, from an eco-
the type of information to which they generally have
nomic standpoint, for a portion of the criminal popu-
access. This measure implies that the scope of correc-
lation, our results challenge the implication of Zed-
tions is just about right. On the other hand, if the sys-
lewski's original work: that every available dollar of
tem can precisely sift out the more active and more
public money go into expanding prison capacity.
costly criminals, we are overinvesting in prisons.
Even if we find that "prison pays" at the margin, it
In a 1982 RAND Corporation report, Peter
would not mean that every convicted criminal de-
34
THE BROOKINGS REVIEW
serves prison; it would not mean that it is cost-effec-
benefit-cost ratio using the reader's preferred measure
tive to imprison every convicted felon; and it would
of social costs.
not mean that it is more cost-effective to imprison
The third consideration, the estimate of annual
offenders than to supervise them intensively in the
costs of incapacitation, is also contentious, but proba-
community. Indeed, community-based intensive su-
bly less so than the first two issues. One might argue
pervision programs are among our most promising,
that the national per prisoner per year estimate of
proven, and viable corrections options. Recent evi-
$25,000 is too low. Few states, however, report spend-
dence that these programs do not work as well as had
ing even that much; Wisconsin's most recent estimate,
been hoped based on early studies should not divert
for example, is under $20,000, and New Jersey reports
efforts to improve and experiment with them.
just over $22,000. Also, Douglas C. McDonald, in the
What finding that "prison pays" would mean is that
most recent and sophisticated analysis of corrections
we have reason to make a balanced use of correctional
costs available, places the average per prisoner per year
sanctions, that imprisonment is not "too expensive,"
figure at $14,000 for operating costs. Using McDon-
and that an affirmative response to the clear and pre-
ald's correction for the underestimation of capital and
sent need for more prison beds is a necessary if unfor-
indirect costs results in an approximation of yearly in-
tunate social investment that will probably pay divi-
carceration costs in the $20,000-$25,000 range.
dends over time.
Calculating Conclusions
Cautions
We cannot currently claim that prison either pays or
Three issues may bias our estimate one way or the
does not pay at the margin. The evidence is not over-
other. There is, of course, always the possibility that
whelming on either side. The often-heard argument
prisoners in a given survey might exaggerate (or un-
that slightly changing the methodology will result in
derstate) the level of criminal activity, or that the ex-
wildly variant answers to the question of the net
trapolations built into the calculations might exagger-
benefit of incarceration is enough to cause even the
ate or understate the actual level of criminal activity
most reasonable-minded person to mutter "Garbage
among prisoners in the sample. Yet this is the best we
in, garbage out." And even if one were to conduct a
can do at this point. Other prisoner surveys have re-
far more sophisticated study of the same subject, cer-
ported higher median figures, But nothing far out of
titude about its findings would still be impossible.
line with our finding of 12. Our survey mimicked the
But making imprisonment policy based on implicit
1987 RAND Second Inmate Survey to take advantage
assumptions about the criminal characteristics of pris-
of its extensive before-and-after testing of the survey
oners is merely a path of lesser intellectual resistance.
instrument for accuracy of responses. At a minimum,
Getting a rough handle on the net benefit of impris-
our work can be confidently compared with other
onment by the type of analysis presented above is a
work that has relied upon similar surveys, such as the
useful way of introducing a measure of rationality into
RAND Corporation's and Zedlewski's.
debates about the future of corrections. Both those
Second, one might quarrel with the social costs per
who insist that prisons are costless panaceas and those
crime calculated by Cohen. The use of jury awards is
who shout that prisons cost "too much" resist such
questionable, but probably the closest one can come to
analysis because they prefer to make corrections pol-
capturing public valuation. It is easy to recalculate the
icy in the dark.
WE CANNOT CURRENTLY CLAIM THAT PRISON EITHER
PAYS OR DOES NOT PAY AT THE MARGIN. THE
EVIDENCE IS NOT OVERWHELMING ON EITHER SIDE.
FALL 1991
35
YOU?
AFE ARE
MOH
Drug Use Is Beginning to Drop in Washington,
But Violent Crime Continues to Increase.
Here's a Neighborhood-by-Neighborhood Report
Showing Where the Greatest Danger Is.
By Steven D. Kaye
n the next 24 hours, odds are that two
A few months after the second attack, she
peopie will be murdered in the Wash-
moved to DC's Woodley Park, where she hopes
ington area-one in the District and
to be safer.
the other in the suburbs. One will be
shot in the chest or head; the
other may be stabbed, beaten, or
Is Washington Dangerous?
strangled.
It was big news last year when the District
Between now and this time tomorrow,
became the "murder capital" of the country by
at least seven area women will be raped.
having more killings per capita than any other
Some 75 people will be robbed, and about the
city. With 434 murders and about 600,000 resi-
same number will be violently assaulted. Nearly
dents, DC beat out the cities usually thought of
200 homes, stores, and offices will be burglarized,
as dangerous-New York, Detroit. Chicago,
and about 100 cars will be stolen.
Miami, Los Angeles-and got tagged with such
Most of the violence and theft will occur in
nicknames as "District of Crime" and "Dodge
areas notorious for crime-parts of Southeast
City" in the national and international press.
DC, Hyattsville in Prince George's County,
When it became clear that DC was going to rack
Silver Spring in Montgomery County, Arlan-
up the nation's highest murder rate, the Washing-
dria in Alexandria, and neighboring Arna Val-
ton Post and local television news shows began
ley in Arlington.
reporting a body count almost daily.
But your daily habits may reveal a consciousness
Had the Washington area become the coun-
of crime that nags at every Washington-area resi-
try's most dangerous place to live?
dent. Maybe you don't walk or jog alone after
Not by a long shot. Even within the District,
dark. Maybe you don't caΓTy much cash-or only
most murders were in parts of town known for
enough to appease a robber. Driving through cer-
drug dealing, and most victims were drug deal-
tain neighborhoods, you may double-check your
ers or buyers. Although a high murder rate
car's door locks. If your car breaks down on a
makes sensational news, it alone doesn't tell
lonely road, you may pray that a police officer
much about the relative safety or danger of a
notices you before anyone else does.
city.
Many Washingtonians have learned new sur-
When it comes to violent crime overall-mur-
vival techniques the hard way. Charlotte Ruhe,
der plus rape, robbery, and aggravated assault-
now a 29-year-old economist at the Treasury
the District is statistically about as dangerous as
Department, was walking near her Dupont Cir-
most major cities, including Dallas, Baltimore.
cle apartment three years ago when a man
Boston. and Kansas City. The Washington area,
pushed her to the ground. slugged her twice in
including the Maryland and Virginia suburbs
the face, cut her purse strap with a knife, and ran
along with DC, has less violent crime per capita
off with the handbag.
than most major metropolitan areas, and far less
Early this year, in an elevator in her apartment
than Miami, New York, and Los Angeles, the
building, it happened again: A man hit her in the
three most violent.
face and grabbed her purse. But this time,
But those comparisons are not necessarily re-
Ruhe's money and keys were in her pockets, not
assuring. Washington, like every major city in
her purse, and the most valuable thing the rob-
the country, has been getting more dangerous
ber got was a can of cream-cheese icing she had
every year.
bought for a friend's birthday cake. "I learned
from the first time I got mugged that you carry
According to the Justice Department, crime in
everything spread out. she says.
the United States was at an all-time high last
year-the result of five straight years of in-
ducted its last extensive review of area crime,
crease. Violent crimes rose fastest of all. The
crack cocaine was relatively new here.
trend has continued this year, with violent crime
Nationally, Washington had never been
increasing nationwide by 10 percent in the first
known as a big drug market. There had always
six months of the year. The most dangerous
been a steady demand for heroin, marijuana,
industrialized country in the world is more dan-
and powdered cocaine. PCP, a veterinary tran-
gerous than ever.
quilizer that can make abusers paranoid, vio-
Washington has followed the trend. After a
lent. and nearly immune to pain, was more
few years of less crime in the early 1980s. area
popular in Washington than in most other cities.
crime rates began a steady climb upward and are
But the demand for illegal drugs was satisfied
now at record or near-record levels not only in
without much violence and without much public
the District but also in every other jurisdiction.
notice.
In the last two years, the number of robberies
In 1986, crack dealers from New York and
and violent assaults in the metro area rose nearly
Miami hit Washington with a vengeance when
20 percent, the number of rapes 27 percent, and
they found they could get two to three times as
the number of murders 30 percent.
much for the drug here. At first the out-of-
The three most urbanized jurisdictions-DC,
towners made most of the money, but locals
Prince George's County, and Alexandria-are
soon started dealing crack. That's when the
the most violent. But no jurisdiction has been
violence really started.
spared. In Loudoun County, a quiet, largely
Washington didn't have much of a city-wide
rural area ten years ago, serious crime has risen
drug-dealing network to handle the demand for
37 percent since 1987. Drug dealing, assaults,
crack, no gangs with defined territories as in
robberies, and thefts now plague parts of Lees-
New York or Los Angeles. And if the District
burg and the Route 28 corridor near Dulles
had little organization, the suburbs had almost
none. A violent free-for-all erupted as compet-
Airport.
Crime has shot up in sparsely populated
ing dealers tried to carve out territory.
Prince William County as well, especially vio-
That's why crack brought more violence to
lent crime. Robberies have increased about 20
Washington than to other cities, and why DC
percent in the last three years, aggravated as-
became Dodge City.
saults 44 percent, rapes 75 percent. Murders
According to a study released by the Rand
have quadrupled.
Corporation earlier this year, one-sixth of the
District's 18-year-old black males in 1985 were
charged with selling drugs by 1988.
The Drug Connection
But it wasn't just black males in DC who were
Washington's increased crime has been blamed
to blame. More than 40 percent of those arrested
on illegal drugs-crack cocaine in particular.
for drug possession in DC from 1985 to 1987
Two years ago, when The Washingtonian con-
were from outside the District, and 30 percent of
those nonresidents were white. In Montgomery,
Fairfax. and Arlington counties, about half of
the people arrested for drug possession are
Crime in the United States:
white.
How Dangerous Is Washington?
Violence for Its Own Sake
3.950
If drugs are to blame for Washington's increas-
31020
ing crime, then crime should subside when drug
100
use goes down. That's the theory.
But it may not. There have been signs this year
Chicago
that drug use in Washington is declining. The
Dailas
DC Pretrial Services Agency reports that the
proportion of arrestees testing positive for ille-
Mania
gal drugs has dropped. In the summer of 1989,
70 percent of adults and 26 percent of juveniles
betini
arrested tested positive. Last summer the num-
bers dropped to 54 percent of adults and 16
DC
1,286
percent of juveniles.
Philadelphia
1,086
In the Virginia and Maryland suburbs, there
are fewer outdoor drug markets now than a year
Seattle
989
ago, and drug arrests have declined. Cocaine
Richmond
971
seizures have dropped. Most area hospitals have
seen the number of drug-related emergency-
Violent crimes-homicide, rape, robbery, and aggravated assault-per
room admissions go down.
100,000 residents in selected metropolitan areas in 1989
But the area's continued escalation of violence
CHARTS
BY
KRIS
142 The Washingtonian/December 1990
during an apparent decline in drug use sug-
DC
gests that the violence has taken on a life of
16,000
Crime in the Washington Area: Where Is It Worst?
its own. The assumption that reducing drug
use would reduce violent crime may not be
14,000
true.
ALEXANDRIA
VIOLENT-CRIME RATE
Two years ago, police reckoned that
PRINCE
about 60 percent of homicides metro-wide
GEORGE'S
12,000
PROPERTY-CRIME RATE
were drug-related. This year the number is
ARLINGTON
down to about 40 percent. But the total
number of murders continues to increase.
10,000
Among the reasons: Guns are every-
where. Children find them on DC side-
arundel
3,000
walks; suburban teenagers bring them to
MONTGOMERY
FAIRFAX
school; gunfights break out between motor-
PRINCE WILLIAM
ists on the street. Some citizens have grown
6,000
accustomed to resolving disputes by force.
LOUDOUN
Metro-area police have responded by re-
placing their old-fashioned six-shooters
4,000
3,796
with nine-millimeter, semiautomatic hand-
guns capable of firing fifteen or more
2,000
rounds before being reloaded.
LIIS
The increase in murders this year, at a
time when drug slayings have dropped, re-
0
flects more ''in-your-face'' aggressive-
Violent crimes and property crimes-burglary and car theft-per 100,000 residents in 1989
ness, more violence for its own sake. So do
the increases in assaults and rape. In Alexan-
dria, the rate of rape has been steady, but in the
rape, robbery, aggravated assault, burglary,
last year it has gone up about 9 percent in
and car theft. Primarily business crimes-larce-
Montgomery County, 38 percent in Arlingten
ny, which consists mainly of shoplifting, and
County, 42 percent in Fairfax County, 54 per-
arson-were excluded.
cent in Prince George's County, and 72 percent
Each section on the maps is color-coded ac-
in the District.
cording to how its crime rate compares with the
One of the rules of survival in New York City
average rate in the Washington area, which is
is to avoid eye contact with strangers. That rule
about 55 crimes per 1,000 residents.
is now being applied in many Washington
neighborhoods, from DC's Metro Center shop-
Blue: The safest places, with less than one-
ping district to close-in Prince George's Coun y
fourth the area's average amount of crime.
and even parts of Montgomery County, Arling-
Green: Safer than average-a crime rate one-
ton, and Alexandria.
fourth to three-fourths the metro average.
If the violence keeps increasing, we may have
Peach: Roughly average amount of crime for
to learn new social strictures: Don't argue with
the metro area.
strangers. Don't gesture at rude drivers. Avoid
Orange: Danger zones, with 1.5 to 2.5 times
controversy. You never know who might have a
as much crime as average.
gun.
Red: The most dangerous areas, with more
than 2.5 times as much crime as average.
Crime in Your Neighborhood
All the maps are colored according to the same
How safe are the places where you live and
key, so neighborhoods can be compared from
work? The maps on the following pages use five
one jurisdiction to another. But since crime
colors to show the relative danger of becoming a
rates are determined not only by the number of
crime victim in six jurisdictions: the District of
crimes but also by the number of residents,
Columbia, Montgomery County, Prince
even a few crimes can make sparsely populat-
George's County, Arlington County, Fairfax
ed business and tourist districts look danger-
County, and Alexandria.
ous. It's most accurate to compare similar
We divided each jurisdiction into sections-
areas-commercial to commercial; residential
either census tracts or police beats, depending
to residential.
on how the local police keep records-and cal-
Each color shows the average amount of crime
culated the 1989 crime rate in each section.
within an area, so don't assume that crime rates
The District, for example, was divided into
rise and fall abruptly with changing colors. Ad-
181 census tracts, and 33,000 crimes were ap-
joining areas also affect the safety of any neigh-
portioned to the tracts in which they occurred.
borhood. For example, green areas that border
Six types of offenses classified by the FBI as
blue areas are probably safer than green areas
"serious crimes" were counted-homicide.
surrounded by peach-colored areas.
December 1990/The Washingtonian 143
M
80
DMOSC<
D
70
60
50
Montgomery County
Rock
Walter Reed
40
Creek
Hospital
Park
30
Military Rd.
20
81
82
83
84
85
86
87
88
89
90
75 4191
Georg
150
E P R
125
MacArdism
Prince George sCounty
100
Zoo
75
50
National
Arbojdum
25
Potomne River
0
81
82
83
84
85
86
87
88
89
90
The Mall
W
SE
R
3500
commua>
East
B
B
3000
Potomac
E
Park
2500
Safest
Safer than average
St. Elizan
2000
Average
Hospital
Prince George's sCounty S
1500
More dangerous
Most dangerous
Holling
1000
AFB
81
82
83
84
85
86
87
88
89
90
A
2200
S
S
A
1800
u
L
T
District of Columbia
1400
1000
Death Takes No Holidays
600
81
82
83
84
85
86
87
88
89
90
Life gets cheaper and cheaper in the
to make the District a national "test
District of Columbia. With 434 killings
case" for reducing drug abuse and
5000
in 1989, the city had the highest per-
crime. A year and a half later, murder,
capita homicide rate in the country. The
rape, robbery, and aggravated assault
pace of killings this year is even worse.
have all increased.
4000
If it continues through the holidays,
Most of the violence is still concen-
about 475 people will have been mur-
trated in DC's poorest neighborhoods in
3000
dered by the end of the year.
Northeast and Southeast. But in the third
After nine people were murdered on
police district, which includes Adams
2000
one October weekend, DC police chief
Morgan and parts of the Dupont Circle
Isaac Fulwood Jr. formed a "rapid de-
and Kalorama neighborhoods, violent
1000
ployment" unit, a squad of 100 police
assaults are up 25 percent over last year,
81
82
83
84
85
86
87
88
89
90
officers with orders to saturate high-
homicides have doubled, and rapes have
crime areas to prevent homicides.
quadrupled. Burglary and auto theft also
2000
The rapid deployment unit follows
have increased.
C T R H E
two other high-profile anti-crime initia-
In the second police district, which
1700
tives. The first was Operation Clean
covers the westernmost part of the city
Sweep, a program started in 1986 that
and includes Glover Park, Cleveland
1400
resulted in 48,000 arrests in two and a
Park, Woodley Park, Friendship
half years. Most arrestees were low-lev-
1100
Heights, Foxhall, and Chevy Chase,
el drug dealers and buyers; after monop-
robberies and car thefts are down this
800
olizing police time and clogging up the
year, but rapes, assaults, and burglaries
jails and courts, most were let back on
are up substantially. In Georgetown,
500
the street.
gangs of teenagers beat passersby last
81
82
83
84
85
86
87
88
89
90
Next came federal drug policy coordi-
summer, prompting Chief Fulwood to
Crimes per 100,000 residents
nator William J. Bennett's splashy plan
beef up weekend patrols there.
20
15
10
5
395
0
Park
7
sett Davis May,
81
82
83
84
85
86
87
88
89
90
Artington County
Fairfa
150
395
A R P
125
#
1
100
75
395
50
7
25
Foachass
0
81
82
83
84
85
86
87
88
89
90
Potomac River
1000
1
Fairfax County
900
B 8 Y E
800
Safest
700
Safer than average
600
Average
More dangerous
500
Most dangerous
81
82
83
84
85
86
87
88
89
90
600
A S S A U T
500
400
Alexandria
300
200
Fighting Back Against Crime
100
0
Alexandria is trying to avoid the fate of
in peace and relative security, and tour-
81
82
83
84
85
86
87
88
89
90
parts of the District and Prince George's
ists still can enjoy most of historic Old
County, where drugs and drug trafficking
Town and the Potomac waterfront. But
B
5000
have wrecked entire neighborhoods.
those areas seem more and more like
U
Many of Alexandria's poor neighbor-
refuges.
R
G
4000
hoods, especially in the northern and east-
In Arlandria, just south of Arlington
L
em parts, are easy targets for drug dealers,
County, there is friction between blacks
A
R
and several are close to urban lawlessness.
and a growing number of Hispanics. The
Y
3000
Alexandria has been aggressive in fight-
area around the Charles Houston Recre-
ing the drug trade. It was the first Virginia
ation Center in Alexandria is notorious
2000
jurisdiction to apply the "drug-free school
for drug dealing and violence. The
zone" law, which provides extra jail time
Route 1 corridor in eastern Alexandria.
1000
for selling drugs near schools. After police
along the Potomac Rail Yard, is run-
81
82
83
84
85
86
87
88
89
90
officer Charles Hill was shotgunned to
down and dangerous.
death by a drug addict in a public housing
Three T.C. Williams High School
C
2000
project in March 1989, the city intensified
students were murdered this year in
A
street violence, two of them shot and the
R
its efforts to evict drug violators from pub-
1700
lic housing.
other cut with a broken bottle. The mur-
T
H
der rate is at a nine-year high, and as-
1400
Last April, Alexandria passed an anti-
E
loitering law to get drug dealers off the
saults have been rising for three years.
F
T
1100
streets. It was applauded by many, but it
The police department, under new chief
was struck down as unconstitutional by a
Charles Samarra, has stepped up patrols
800
federal court in September.
in troubled areas, and residents have
For now, Alexandria has two person-
formed watch groups to discourage
500
alities. In the central and western resi-
crime. But more residents express
81
82
83
84
85
86
87
88
89
90
dential neighborhoods, people still live
greater fear.
Crimes per 100,000 residents
December 1990/ The Washingtonian 145
20
15
Safest
10
Safer than average
5
Fairfax County
Country Club Hills
Average
Riiver
More dangerous
0
81
82
83
84
85
86
87
88
89
Glebe Rd.
Most dangerous
90
Rd.
Reechwood Hills
150
Lociand Park
A R P E
29
66
125
Rossiyn
100
HighlandPark
75
Ballston
Wilson
Clarendon
50
66
FortMyer
Arlington
25
Cemetery
0
50
81
82
83
84
85
86
87
88
89
90
Arilagton
Blvd.
Pentagon
1
600
500
Fairfax County
Barongt.
Columbia Pike
395
Y B B E
400
Crystal City
National
300
Walter Real
Airport
Kalley
200
Shirlington
100
395
Alexandria
0
81
82
83
84
85
86
87
88
89
90
600
S
S
500
A
Arlington County
U
400
L
300
Assaults Disrupt Way of Life
200
100
Arlington County lost some of its inno-
lington is still relatively safe. The main
0
cence when Anne Elizabeth Borghesani
reason is the county's wealth; Arlington
was murdered last March. Borghesani,
has higher household income, more ex-
81
82
83
84
85
86
87
88
89
90
who worked as a paralegal in the Dis-
pensive housing on average, and a high-
trict, was walking on a well-used bike
er proportion of college graduates than
2500
path near Lee Highway in Rosslyn when
the District, Prince George's County, or
she was sexually assaulted and stabbed
Alexandria. A low unemployment rate,
2000
to death. She was on the way to her 23rd
well-tended residential streets, and pros-
birthday party.
perous shopping and business districts
Y
1500
Two months later, on Memorial Day
make much of the county, especially in
weekend, three more young women were
the north and west, safe and quiet.
1000
slain in Arlington. They were beaten and
Arlington's violent-crime rate is about
then asphyxiated. And one morning in Au-
80 percent lower than DC's and about 60
500
gust, two women were attacked on a jog-
percent lower than the Prince George's
81
85
88
89
ging trail in South Arlington and a third
rate, and Alexandria has about twice as
82
83
84
86
87
90
was apparently about to be attacked when
many rapes and robberies per capita.
police stopped a suspect.
But Arlington's status as a "safe" sub-
1000
Arrests have been made in the attacks.
urb is in danger. Rapes are up 38 percent
C A T R H E F
800
No one has been charged in the Borghe-
this year, robberies about 21 percent. And
sani case; police say one man killed all
with other jurisdictions cracking down on
600
three Memorial Day victims. But resi-
open-air drug markets, Arlington could
dents have been shocked. These were
see an increase in drug trafficking. Some
400
the kind of brutal, apparently random
South Arlington residents resorted to citi-
crimes found in DC, they thought, but
zen's patrols to scare off dealers and buy-
200
not in Arlington.
ers this year, and met with some success.
0
Even with the increase in homicides
But dealers may set up shop elsewhere in
81
82
83
84
85
86
87
88
89
90
this year-ten killings by early Novem-
the county, bringing drugs and violence to
Crimes per 100,000 residents
ber versus just one in all of 1989-Ar-
other Arlington neighborhoods.
146 The Washingtonian/December 1990
M
20
U
R
D
E
15
7
Great Falls
10
Loudoun County
The
Montgrmery
County
5
495
0
Reston
123
81
82
83
84
85
86
87
88
89
90
Duilés
Airport
Sully Rd.
McLean
Artinglon
R
150
A
P
125
E
Church
$
50
100
29
28
75
66
7
29
50
238
25
Annan
Alexandria
66
0
495
395
95
81
82
83
84
85
86
87
88
89
90
Burke
Clifron
123
600
Sparagfield
8
500
95
1
B
E
400
Y
Safest
300
Safer than average
Port
200
Average
More dangerous
Prince William County
Belvoir
Polomac River
100
Most dangerous
0
81
82
83
84
85
86
87
88
89
90
A
600
$
Fairfax County
S
500
A
U
L
400
A Peaceful County Worries
T
300
200
Fairfax County had the area's lowest
Parts of Reston, not far from Dulles
100
rate of violent crime last year. Even
Airport, are also drug-dealing areas.
sparsely populated Loudoun County had
Despite the low crime rate, two fright-
0
more violent crime per capita, and only
81
82
83
84
ening crimes involving children have
85
86
87
88
89
90
Loudoun and Prince William counties
threatened Fairfax's peace of mind. In
had lower rates of property crime.
July 1989, ten-year-old Rosie Gordon
B
2500
Montgomery County, similar in size and
was abducted from her Burke neighbor-
R
population, had a violent-crime rate
hood in central Fairfax County and mur-
G
L
2000
nearly twice that of Fairfax County.
dered. Five months later, five-year-old
A
Two factors make Fairfax so safe:
R
Melissa Brannen disappeared from a
1500
wealth and geography. Fairfax has the
Christmas party at her apartment com-
highest household income of any area
plex in Lorton. Melissa has not been
jurisdiction, and it is considered one of
1000
found. and neither case has been solved.
the richest counties in the country. Resi-
The abductions have led to fear among
dents are well educated, there is little
parents accustomed to thinking of Fair-
500
urbanization, and rapid growth has pro-
fax as a haven from crime.
81
82
83
84
85
86
87
88
89
90
vided plenty of jobs. And unlike Mont-
There have also been at least nine
gomery County, Fairfax County shares
violent "home invasion" robberies in
C
no border with the District.
A
1000
the county's large Asian-immigrant
R
The highest-crime areas in Fairfax are
community this year. Gangs of thugs,
800
T
clustered along two transportation corri-
largely Vietnamese, prey on Asian resi-
I
dors in the southeast, Route 1 (Rich-
E
dents in the county and in Falls Church,
600
F
mond Highway) and I-95 (Shirley High-
bursting into their homes, tying them up,
400
way), and along the county's border
and threatening, beating, and robbing
with Arlington. Most of the rough neigh-
them. Despite the brutality of the
200
borhoods-and much of the county's
crimes. many victims in the tightly knit
drug dealing, robbery, prostitution, and
Asian community have been reluctant to
0
81
82
83
84
85
86
drunken fights-are in the Route 1 area.
87
88
talk to police.
89
90
Crimes per 100,000 residents
20
15
Frederick County
10
5
0
81
82
83
84
85
86
87
88
89
90
270
Barnesville
Howard Acounty
150
R A P E
125
Brookeville
100
Ave,
75
50
28
Burtonsmülle
25
title
$
Rockville
Pike
0
81
82
83
84
85
86
87
88
89
90
Loudoun County
SCOUNT
270
600
Kenthigton
500
Potomac
495
B
Silver
B
400
495
E
MISMOOSIM
Spring
Safest
Betranda
Takoma Park
300
Safer than average
Chase
Average
Fairfax County
200
More dangerous
100
District of ofColumbia
Most dangerous
0
81
82
83
84
85
86
87
88
89
90
600
S
S
500
A
U
400
L
Montgomery County
300
200
Safe But Growing More Violent
100
0
Montgomery County is the second-
well-respected police departments.
81
82
83
84
85
86
87
88
89
90
safest of the area's six major jurisdic-
But Montgomery County also has a
3,180
tions. The District, Prince George's
densely developed commercial swath that
2500
B
County, Alexandria, and Arlington
starts on the border with the District, and
R
County have higher rates of both-violent
follows I-270 and Rockville Pike north. It
G
2000
crime and property crime.
is along this ribbon-which takes in parts
A
But Montgomery has not escaped the
not only of Silver Spring but also of the
1500
area-wide rise in violent crime: Murder,
Wheaton/Glenmont area, Rockville, and
rape, and aggravated assault are at their
Gaithersburg-that much of the county's
highest levels in a decade. Burglary and
drug crime, burglary, theft, and violence
1000
car-theft rates are up from last year, too.
are found.
Of serious crimes, only robbery·has de-
Another crime corridor parallels
500
creased, by about 20 percent, from 1989.
Route 29 (Columbia Pike) near Mont-
81
82
83
84
85
86
87
88
89
90
Montgomery's robbery rate is still
gomery's thirteen-mile border with
about 40 percent higher than that of Fair-
Prince George's County. A series of un-
1000
fax County, the area's safest jurisdic-
solved rapes and sexual assaults has
C A R T H E F
800
tion; rape is 119 percent higher, and
plagued the Route 29 area in both coun-
aggravated assault, 173 percent higher.
ties for more than two years. Police say
600
Overall, residents of Montgomery
that nearly twenty attacks may have been
County are twice as likely to be victims
committed by the same person, a white
400
of violent crime as their Fairfax neigh-
man who wears a stocking over his head.
bors across the Potomac.
Despite the few dangerous areas,
200
Both Montgomery and Fairfax coun-
much of Montgomery County remains
ties have between 700,000 and 800,000
remarkably safe, especially along the
0
residents, and a largely well-educated
Potomac River and near Rock Creek
81
82
83
84
85
86
87
88
89
90
and prosperous population. Both have
Park, north and east of Rockville.
Crimes per 100.000 residents
(December 1990
20
R
15
County Beitsbillar
1
95
10
Bäitzville tural
5
Langing
Country any
0
81
82
83
84
85
86
87
88
89
90
95
Hyattrvilla
150
Safest
50
125
Safer than average
Average
100
More dangerous
Capitol
75
Most dangerous
301)
50
Upper
25
95
ndrews
0
AFB
81
82
83
84
85
86
87
88
89
90
HOS
1000
HOROWEY
900
800
700
Accokesh
600
Charles
County
500
81
82
83
84
85
86
87
88
89
90
A
1000
S
S
A
900
u
Prince George's County
T
800
700
The Most Dangerous Suburb
600
500
Prince George's County is more danger-
flashy European sedans; streets largely
ous than any other suburban jurisdiction
81
82
83
84
85
deserted save for teenage dealers and
86
87
88
89
90
in the area.
their pre-teen assistants. Residents are
With just 20 percent of the area's
fearful, suspicious, angry, and frustrat-
B
5000
population, Prince George's was the
ed. Even when the streets are quiet, they
R
site of about one-third of all crimes
G
are not peaceful.
L
4000
commited in the metropolitan area in
Things are better outside the Beltway,
A
R
1989-20 percent of the murders. 28
but only a few parts of Prince George's
Y
3000
percent of the robberies, 30 percent of
County have crime rates lower than the
the aggravated assaults and burglaries,
area average. Police countywide are
2000
32 percent of the rapes, and 38 percent
overburdened and hampered by equip-
of the car thefts.
ment shortages.
1000
Most of the county's crime occurs in
One theory holds that area drug vio-
81
82
83
84
85
86
87
88
89
90
areas bordering the District, from
lence will subside as turf battles are
Hyattsville and Riverdale in the nerth
settled. Early this year, homicides in
through Landover, Seat Pleasant, Suit-
Prince George's ran well behind last
C
2000
A
land, Marlow Heights, and Oxon Hill in
year's record-setting level. But an ex-
R
1700
the south. These neighborhoods form an
tremely violent summer and fall
T
arc of crime as dense and dangerous as
brought the number about even with
H
1400
E
any in the metro area.
last year's count-although that is an
F
T
Here the signs of neighborhoods fall-
improvement after five years of a steadi-
1100
en victim to the drug trade abound:
ly rising murder rate.
800
apartments fortified with gray metal
Rape, robbery, and aggravated as-
doors, window bars, and steel fences:
sault have increased this year at the
500
fast-food trash littering lawns and side-
same time that budget cuts have slowed
81
82
83
84
85
86
87
88
89
90
walks: rusted-out cars parked among
police recruiting.
Crimes per 100.000 residents
December 1990/The Washingtonian 149