State of Recidivism: the Revolving Door of America's Prisons

Total Page:16

File Type:pdf, Size:1020Kb

State of Recidivism: the Revolving Door of America's Prisons State of Recidivism The Revolving Door of America’s Prisons PEW CENTER ON THE STATES PUBLIC SAFETY PERFORMANCE PROJECT APRIL 2011 APRIL 2011 The Pew Center on the States is a division of The Pew Charitable Trusts that identifies and advances effective solutions to critical issues facing states. Pew is a nonprofit organization that applies a rigorous, analytical approach to improve public policy, inform the public and stimulate civic life. PEW CENTER ON THE STATES Susan K. Urahn, managing director Public Safety Performance Project Brian Elderbroom, senior associate Adam Gelb, director Samantha Harvell, senior associate Jennifer Laudano, senior officer Jason Newman, senior associate Alexis Schuler, senior officer Robin Olsen, senior associate Courtney Dozier, officer Rolanda Rascoe, senior associate Jake Horowitz, project manager Corinne Mills, associate Richard Jerome, project manager Mary Tanner Noel, administrative assistant Ryan King, project manager Gita Ram, administrative assistant ACKNOWLEDGMENTS We thank the survey respondents from departments of corrections in all responding states, and our survey and data partners at the Association of State Correctional Administrators: George Camp and Camille Camp, co-executive directors; Patricia Hardyman, senior associate, Camelia Graham, statistician and Fred Levesque, consultant. We also greatly appreciate the contributions of Jenifer Warren, John Prevost of the Georgia State Board of Pardons and Paroles, James F. Austin of the JFA Institute, Michael Connelly of the Oklahoma Department of Corrections, Tony Fabelo of the Council of State Governments Justice Center and Howard Snyder of the Bureau of Justice Statistics. We also thank Pew colleagues Nancy Augustine, Michael Caudell-Feagan, Lynette Clemetson, Kil Huh, Jennifer Peltak, Evan Potler, Joan Riggs, Aidan Russell, Carla Uriona, Gaye Williams and Denise Wilson. Suggested Citation: Pew Center on the States, State of Recidivism: The Revolving Door of America’s Prisons (Washington, DC: The Pew Charitable Trusts, April 2011). For additional information, visit www.pewcenteronthestates.org. This report is intended for educational and informational purposes. References to specific policy makers or companies have been included solely to advance these purposes and do not constitute an endorsement, sponsorship or recommendation by The Pew Charitable Trusts. ©2011 The Pew Charitable Trusts. All Rights Reserved. 901 E Street NW, 10th Floor 2005 Market Street, Suite 1700 Washington, DC 20004 Philadelphia, PA 19103 Contents Executive Summary ......................................... 1 Introduction ................................................ 5 Recidivism as a Performance Measure ........................... 6 Overview of the Study ....................................... 7 Sidebar: What Is the Recidivism Rate? ......................... 7 A Closer Look at Recidivism Rates ........................... 9 New Figures Show Steady National Recidivism Rate ................ 9 State Rates Vary Widely ..................................... 12 Sidebar: Comparing State Rates: A Note of Caution ............ 12 How Have Recidivism Rates Changed? ......................... 13 Unpacking the Numbers ................................... 17 How Does Sentencing Policy Impact Recidivism Rates? ............ 17 How Does Community Corrections Policy Impact Recidivism Rates? .. 17 Attacking Recidivism: Examples from Three States ................ 19 Improving Public Safety and Cutting Correctional Costs ...... 25 Reducing Recidivism: Strategies for Success ..................... 26 Sidebar: Resources for Developing Effective Reentry and Supervision Strategies ................................. 27 A Promising Start .......................................... 31 (continued) STATE OF RECIDIVISM: THE REVOLVING DOOR OF AMERICA’S PRISONS iii CONTENTS Exhibits State Prison Releases and Recidivism Rates ...................... 10 The Cycle of Prison Release .................................. 14 The State of Recidivism ..................................... 15 Protecting Public Safety and Cutting Costs ...................... 26 States Providing Data on First Releases versus Data for All Releases .................................. 34 How States Classify the Reasons Offenders Were Returned to Prison .................................... 35 Appendix: Methodology ................................... 33 Differences Between the Pew/ASCA Survey and BJS Research .......................................... 34 Jurisdictional Notes ........................................ 36 Endnotes ................................................. 39 Launched in 2006, the Public Safety Performance Project seeks to help states advance fiscally sound, data-driven policies and practices in sentencing and corrections that protect public safety, hold offenders accountable and control corrections costs. iv PEW CENTER ON THE STATES Executive Summary The dramatic growth of America’s prison One key element of that analysis is population during the past three decades measuring recidivism, or the rate at is by now a familiar story. In 2008, the which offenders return to prison. Prisons, Pew Center on the States reported that of course, are not solely responsible for incarceration levels had risen to a point recidivism results. Parole and probation where one in 100 American adults was agencies, along with social service behind bars. A second Pew study the providers and community organizations, following year added another disturbing play a critical role. dimension to the picture, revealing that one in 31 adults in the United States was either Although preventing offenders from incarcerated or on probation or parole. committing more crimes once released is only one goal of the overall correctional The costs associated with this growth also system, it is a crucial one, both in terms have been well documented. Total state of preventing future victimization and spending on corrections is now about ensuring that taxpayer dollars are spent $52 billion, the bulk of which is spent effectively. This report seeks to elevate on prisons. State spending on corrections the public discussion about recidivism, quadrupled during the past two decades, prompting policy makers and the public making it the second fastest growing area to dig more deeply into the factors that of state budgets, trailing only Medicaid. impact rates of return to prison, and into effective strategies for reducing them. While America’s imprisonment boom and its fiscal impacts have been widely debated, the public safety payoff from A Fresh Look at the Numbers our expenditures on incarceration has For years the most widely accepted sources undergone far less scrutiny. Now, however, of national recidivism statistics have as the nation’s slumping economy been two studies produced by the U.S. continues to force states to do more with Department of Justice’s Bureau of Justice less, policy makers are asking tougher Statistics (BJS). The most recent of those questions about corrections outcomes. reports, which tracked offenders released STATE OF RECIDIVISM: THE REVOLVING DOOR OF AMERICA’S PRISONS 1 EXECUTIVE SUMMARY from state prison in 1994, concluded that from their prison systems in 1999 and a little more than half of released offenders 2004.This survey differs from the prior (51.8 percent) were back in prison within BJS study in many important ways, three years, either for committing a the most significant of which is that it new crime or for violating rules of their includes recidivism data from more than supervision. Published in 2002, the BJS twice as many states. study followed a sample of offenders from 15 states, and did not provide any state- According to the survey results, 45.4 level recidivism data. percent of people released from prison in 1999 and 43.3 percent of those sent Recognizing the importance of recidivism home in 2004 were reincarcerated within to policy makers seeking better results three years, either for committing a from their correctional systems, Pew, in new crime or for violating conditions collaboration with the Association of State governing their release. While differences Correctional Administrators (ASCA), in survey methods complicate direct undertook a comprehensive survey aimed comparisons of national recidivism rates at producing the first state-by-state look over time, a comparison of the states at recidivism rates. The Pew/ASCA survey included in both the Pew/ASCA and BJS asked states to report three-year return- studies reveals that recidivism rates have to-prison rates for all inmates released been largely stable. When excluding California, whose size skews the national picture, recidivism rates between 1994 Without education, job skills, and and 2007 have consistently remained around 40 percent. “ other basic services, offenders are likely to repeat the same steps that The new figures suggest that despite brought them to jail in the first place … the massive increase in corrections This is a problem that needs to be spending, in many states there has been addressed head-on. We cannot say we are little improvement in the performance doing everything we can to keep our of corrections systems. If more than four communities and our families safe if we out of 10 adult American offenders still return to prison within three years of their are not addressing the high rate at which release, the system designed to deter them offenders are becoming repeat criminals.” from continued criminal behavior clearly Louisiana Gov. Bobby Jindal
Recommended publications
  • In Defence of Administrative Criminology Pat Mayhew*
    Mayhew Crime Sci (2016) 5:7 DOI 10.1186/s40163-016-0055-8 THEORETICAL ARTICLE Open Access In defence of administrative criminology Pat Mayhew* Abstract Background: This paper is based on an address given as joint winner with Ronald V. Clarke of the 2015 Stockholm Prize in Criminology. This was awarded for some early studies we worked on together in the UK Home Office which were seen as important in re-focusing the task of preventing crime towards simply reducing opportunities for it. This approach became known as situational crime prevention. It had a hostile academic reception from academic crimi- nologists and earned the label of ‘administrative criminology’. Later, the same label was given to what was portrayed as narrow, unscholarly research done for government to serve their political agenda, in contrast to research with more range and theoretical thrust. Administrative criminology is a term most familiar in relation to UK research supported by its government; this is the paper’s context. Discussion: Administrative criminology deserves a much more positive appraisal than it has been given to date. First, government research activity through to the 1990s at least was self-generated (not imposed), was influential, and was often controversial. The research establishing situational crime prevention as a generally effective approach has with- stood criticism that it lacks intellectual weight and would not work. Second, administrative criminologists have been consistently brought to heel as regards ensuring that they communicate what they know effectively and clearly. Third, administrative criminology has arguably had more influence on policy than academic criminology, since its business is to address the concerns of government to which it is better placed to make its voice heard.
    [Show full text]
  • Crime Decline in Context Richard Rosenfeld Contexts 2002 1: 25 DOI: 10.1525/Ctx.2002.1.1.25
    Contexts http://ctx.sagepub.com/ Crime Decline in Context Richard Rosenfeld Contexts 2002 1: 25 DOI: 10.1525/ctx.2002.1.1.25 The online version of this article can be found at: http://ctx.sagepub.com/content/1/1/25 Published by: http://www.sagepublications.com On behalf of: American Sociological Association Additional services and information for Contexts can be found at: Email Alerts: http://ctx.sagepub.com/cgi/alerts Subscriptions: http://ctx.sagepub.com/subscriptions Reprints: http://www.sagepub.com/journalsReprints.nav Permissions: http://www.sagepub.com/journalsPermissions.nav Citations: http://ctx.sagepub.com/content/1/1/25.refs.html >> Version of Record - Feb 1, 2002 What is This? Downloaded from ctx.sagepub.com at UNIV WASHINGTON LIBRARIES on January 3, 2013 feature article richard rosenfeld crime decline in context Skyrocketing violent crime rates obsessed Americans for decades. Crime rates have now been dropping for 10 years. What has happened, and how can we learn from it? After rising to a peak in the early 1990s, crime rates in the The crime decline is real, not an artifact of changes in the United States have been falling for almost a decade. The turn- rate at which crimes are reported to or recorded by the police. around was sudden, unexpected, and years later remains It is significant, long, and deep enough to qualify as a trend something of a puzzle. Some observers attribute most of the and not just a short-run statistical anomaly. It is pervasive, cut- drop to tougher sentences and rising rates of imprisonment. ting across major offense categories and population groups.
    [Show full text]
  • Youth Crime Drop Youth DECEMBER 2000 URBAN INSTITUTE Justice Policy Center
    R E P O R T December 2000 URBAN INSTITUTE Justice Policy Center Jeffrey A. Butts research for safer communities Youth Crime Drop DECEMBER 2000 URBAN INSTITUTE Justice Policy Center Youth Crime Drop Summary Researchers debate why violent crime in the United States suddenly dropped in the 1990s, but one fact all researchers endorse is that the overall decline in violent crime probably had much to do with falling rates of youth crime. This brief report from the Justice Policy Center examines the recent crime drop and asks how much of the decrease seen between 1995 and 1999 can be attributed to juveniles (under age 18) and older youth (ages 18 to 24). Using the most recent data from the FBI’s Uniform Crime Reports, the analysis demonstrates that not only did America’s violent crime drop continue through 1999, falling youth crime accounted for most of the overall decline. The Author Jeffrey A. Butts (Ph.D., University of Michigan) is a senior research associate with the Urban Institute’s Justice Policy Center, where he is involved in research and evaluation projects on Published by policies and programs for youthful offenders, including federally funded evaluations of teen Justice Policy Center courts and juvenile drug courts. Prior to joining the Urban Institute in 1997, he was a senior URBAN INSTITUTE research associate at the National Center for Juvenile Justice. 2100 M Street, N.W. Washington, DC 20037 The Urban Institute Copyright Ó 2000 The Urban Institute is a nonprofit policy research organization established in Washington, D.C., in 1968. The Institute's goals are to sharpen thinking about society's problems and efforts to solve them, improve government decisions and their implementation, and increase citizens' Any opinions expressed are awareness about important public choices.
    [Show full text]
  • Expanding the Scope of Research on Recent Crime Trends
    The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Expanding the Scope of Research on Recent Crime Trends Author: Eric P. Baumer, Richard Rosenfeld, Kevin T. Wolff Document No.: 240204 Date Received: November 2012 Award Number: 2008-IJ-CX-0014 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Report Title: Expanding the Scope of Research on Recent Crime Trends Award Number: 2008-IJ-CX-0014 Authors: Eric P. Baumer, Richard Rosenfeld, Kevin T. Wolff Abstract Statement of Purpose While there is a burgeoning research literature on crime trends, much of the extant research has adopted a relatively narrow approach, efforts across studies are highly variable, and the overall conclusions that can be drawn are ambiguous. In our judgment, one reason for this state of affairs is that the current data infrastructure that supports crime trends research is incomplete and scattered, yielding redundant efforts and highly inconsistent approaches. The primary purpose of this project was to enhance the data infrastructure by compiling in a centralized location the most commonly referenced datasets and measures. An ancillary objective was to illustrate the utility of the resulting data archive. We do so by considering three substantive research issues: (1) a uniform set of analyses across states, counties, and cities; (2) an assessment of the conditional effects of economic conditions on recent crime trends; and (3) an expanded analysis of the effects of key criminal justice attributes (e.g., the nature of policing, age- and crime-specific imprisonment rates) on recent crime trends that have not been considered extensively in prior research.
    [Show full text]
  • Global Study on Homicide 2011
    GLOBAL STUDY ON HOMICIDE 2011 TRENDS / CONTEXTS DATA UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna 2011 GLOBAL STUDY ON HOMICIDE TRENDS, CONTEXTS, DATA Copyright 2011 © United Nations Office on Drugs and Crime (UNODC) Acknowledgements The 2011 Global Study on Homicide was prepared by the Statistics and Surveys Section under the supervision of Sandeep Chawla, Director, Division for Policy Analysis and Public Affairs. Core team Research coordination and study preparation Angela Me, Enrico Bisogno, Steven Malby Research, data analysis and data processing Michael Jandl, Philip Davis, Catherine Pysden, Umidjon Rahmonberdiev, Felix Reiterer, Elizabeth Gurian, Cristina Mesa Vieira, Alberto Aziani and Mariaelena Cenci Editing Jonathan Gibbons Graphic design, layout and mapping support Suzanne Kunnen and Kristina Kuttnig (Studies and Threat Analysis Section) The study benefited from the valuable input of many UNODC staff members (at headquarters and in regional and country offices) as well as from the dedica- tion of the many national experts who have provided UNODC with crime and criminal justice data over the years. The World Health Organization kindly provided the public health data pre- sented in the study. The Organization of American States supported UNODC in the collection of data in the Americas. Many experts in research institutes and international organizations commented on early drafts and provided extremely valuable input. The study was also made possible thanks to the financial contribution of the Small Arms Survey. DISCLAIMERS This study has not been formally edited. The designations employed and the presentation of the material in this publica- tion do not imply the expression of any opinion whatsoever on the part of UNODC or the Secretariat of the United Nations concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimi- tation of its frontiers or boundaries.
    [Show full text]
  • Theoretical Perspectives on Race and Crime
    Theoretical CHAPTER 3 Perspectives on Race and Crime A wide variety of sociological, psychological, and biological theories have been proposed to explain the underlying causes of crime and its social, spatial, and temporal distribution. All of these theories are based on the assumptions that crime is accurately measured. But when variation in crime patterns and characteristics is partially attributable to unreliability in the measurement of crime, it is impossible to empirically validate the accuracy of competing criminological theories. —Mosher, Miethe, and Hart (2011, p. 205) onsidering the historical and contemporary crime and victimization data and sta- tistics presented in Chapter 2, the logical next question is, What explains the crime patterns of each race? Based on this question, we have formulated two goals for this C chapter. First, we want to provide readers with a rudimentary overview of theory. Second, we want to provide readers with a summary of the numerous theories that have relevance for explaining race and crime. In addition to this, where available, we also discuss the results of tests of the theories reviewed. Last, we also document some of the shortcom- ings of each theory. Decades ago, criminology textbooks devoted a chapter to race and crime (Gabbidon & Taylor Greene, 2001). Today most texts cover the topic, but only in a cursory way. In general, because of the additional focus on race and crime, scholars have written more specialized books, such as this one, to more comprehensively cover the subject. But even in these cases, many authors devote little time to reviewing specific theories related to race and crime (Walker, Spohn, & DeLone, 2012).
    [Show full text]
  • Do Oregonians Know About the Crime Drop?
    Portland State University PDXScholar Criminal Justice Policy Research Institute Research Research Briefs Criminal Justice Policy Research Institute 2-2011 Do Oregonians Know About the Crime Drop? Brian Renauer Portland State University Follow this and additional works at: https://pdxscholar.library.pdx.edu/cjpri_briefs Part of the Criminology and Criminal Justice Commons Let us know how access to this document benefits ou.y Recommended Citation Renauer, Brian, "Do Oregonians Know About the Crime Drop?" (2011). Criminal Justice Policy Research Institute Research Research Briefs. 5. https://pdxscholar.library.pdx.edu/cjpri_briefs/5 This Report is brought to you for free and open access. It has been accepted for inclusion in Criminal Justice Policy Research Institute Research Research Briefs by an authorized administrator of PDXScholar. Please contact us if we can make this document more accessible: [email protected]. Do Oregonians Know About the Crime Drop? Research In Brief Criminal Justice Policy Research Institute (CJPRI) Brian Renauer, Ph.D. What’s Inside • Oregon’s violent and property crime rate trends continue to decline. Crime rates in Oregon Hatfield School of Government, Portland State University are at their lowest level since the 1960’s. • However, a recent statewide Crime is Down in Oregon survey indicates most The violent crime rate in Oregon has not been this low since 1969, forty years ago. Oregonians believed crime FBI 2009 Uniform Crime Statistics show Oregon’s crime rate continues to drop across the state increased last as does the nation’s. Crime rates are at the lowest levels since the 1960’s. Violent year and very few believed crime crime in Oregon dropped 2.1% from 2008 to 2009.
    [Show full text]
  • The Impact of Policing and Other Criminal and Juvenile Justice Trends on Juvenile Violence in Large Cities, 1994-2000
    The Impact of Policing and Other Criminal and Juvenile Justice Trends on Juvenile Violence in Large Cities, 1994-2000 A Report from the “Understanding the ‘Whys’ Behind Juvenile Crime Trends” Project By Christopher S. Koper, Reagan M. Daly, and Jeffrey A. Roth Finalized July 2011 The research was supported by grant 2001-JN-FX-K001from the Office of Juvenile Justice and Delinquency Prevention (Office of Justice Programs, U.S. Department of Justice) to the University of Pennsylvania. The views expressed in this document are those of the authors and should not be attributed to the U.S. Department of Justice or the University of Pennsylvania. 1 1. INTRODUCTION This paper reports research that was conducted as part of the University of Pennsylvania’s project on “Understanding the ‘Whys’ Behind Juvenile Crime Trends.” The “Whys” project, which was funded by the Office of Juvenile Justice and Delinquency Prevention of the U.S. Department of Justice, was conducted to develop a better understanding of the downturn in juvenile crime that occurred in the 1990s and to use this knowledge to help practitioners and policymakers understand potential leading indicators of turning points in local juvenile crime trends. The main volume of the Whys report (which is available online at https://www.ncjrs.gov/pdffiles1/ojjdp/grants/248954.pdf and at www.whysproject.org) discusses juvenile violence trends from the 1980s through the early 2000s and assesses evidence on a wide variety of community, developmental, cultural, and policy factors that have been hypothesized
    [Show full text]
  • Debuts and Legacies: the Crime Drop and the Role of Adolescence-Limited
    Farrell et al. Crime Sci (2015) 4:16 DOI 10.1186/s40163-015-0028-3 RESEARCH Open Access Debuts and legacies: the crime drop and the role of adolescence‑limited and persistent offending Graham Farrell1*, Gloria Laycock2 and Nick Tilley2 Abstract Age-specific arrest rates for the United States at the crime peak of the late 1980s and early 90s are compared to those for 2010. Three key features are explored; (1) The disproportionate decline in adolescent offending; (2) The decline in this age-effect up to age 40; (3) Offenders aged in their 40s who in 2010 offended at higher rates than offenders of that age at crime’s peak. The first two are interpreted as consistent with the debut crime hypothesis: crime fell because reduced crime opportunities made adolescent crime, and hence criminal career onset and continuance, more dif- ficult. We interpret the third as a legacy of increased onset and habitual criminality fostered by exploitation of the plentiful crime opportunities of the 1970s and 80s. Implications for theory and practice are identified. Keywords: Crime drop, Crime decline, Security hypothesis, Adolescence-limited offending, Life-course persistent offending Background markets) or to long-term societal change grouped into The great crime decline is probably the most important the broad but vague notion of a civilising process (for criminological issue of modern times, and it raises many reviews see: Levitt 2004; Zimring 2007; Blumstein and questions. What caused many types of crime, includ- Rosenfeld 2008; Farrell 2013). ing homicide, other violence and car theft, to decline so Much of the first two decades of explanatory research precipitously from the early 1990s? What can society do focused on violence in the United States.
    [Show full text]
  • Five Tests for a Theory of the Crime Drop Graham Farrell
    Farrell Crime Science 2013, 2:5 http://www.crimesciencejournal.com/content/2/1/5 RESEARCH Open Access Five tests for a theory of the crime drop Graham Farrell Abstract Many studies have sought to explain the major crime declines experienced in most advanced countries. Key hypotheses relate to: lead poisoning; abortion legalization; drug markets; demographics; policing numbers and strategies; imprisonment; strong economies; the death penalty; gun control; gun concealment; immigration; consumer confidence; the civilizing process, and; improved security. This paper outlines five tests that a hypothesis should pass to be considered further. It finds that fourteen of the fifteen hypotheses fail two or more tests. The security hypothesis appears to pass the tests, and thereby pave the way for further research. Keywords: Crime drop; Crime decline; Crime fall Background tempered by some analysis of the variation (Aebi and Most advanced countries have experienced a major de- Lande 2012), and the suggestion that Switzerland has cline in street crime during the last two decades, but not (Killias and Lanfranconi 2012). While recognising with some variation in the extent, timing, and crimes in- variation between and within countries, Tseloni et al. volved. This ‘crime drop’ was heralded in the United (2010) suggest the crime drop is more widespread than States where total violent crime fell over seventy percent advanced countries and could perhaps be labeled as between 1993 and 2011 (Truman and Planty 2012). global. Knepper (2012) reviews the evidence from both Some property crimes in the US, particularly burglary sides and concludes there is a significant and wide- and theft, have been falling since the early 1970s spread international crime drop with some variation in according to the National Crime Victimization Survey.
    [Show full text]
  • The Prison Paradox: More Incarceration Will Not Make Us Safer
    Vera Evidence Brief For the Record The Prison Paradox: More Incarceration Will Not Make Us Safer Don Stemen, Department of Criminal Justice and Criminology, Loyola University Chicago; Member, Vera Research Advisory Board July 2017 Summary* Despite two decades of declining crime rates and a decade to property crime. Research consistently shows that of efforts to reduce mass incarceration, some policymakers higher incarceration rates are not associated with lower continue to call for tougher sentences and greater use of violent crime rates.4 incarceration to reduce crime.1 It may seem intuitive that in- › Incarceration may increase crime in certain circum- creasing incarceration would further reduce crime: incarcer- stances. In states with high incarceration rates and ation not only prevents future crimes by taking people who neighborhoods with concentrated incarceration, the commit crime “out of circulation” (incapacitation), but it also increased use of incarceration may be associated with may dissuade people from committing future crimes out of increased crime.5 fear of punishment (deterrence).2 In reality, however, increas- ing incarceration rates has a minimal impact on reducing › Incarceration is expensive. The United States is spending crime and entails significant costs: heavily on jails and prisons and under-investing in less expensive, more effective ways to reduce and prevent › Increases in incarceration rates have a small impact on crime.6 crime rates and each additional increase in incarcer- ation rates has a smaller impact on crime rates than * This brief uses the broad term “incarceration,” which can previous increases.3 encompass confinement in both prisons and jails. Much of the research conducted to date, however, examines impris- › Any crime reduction benefits of incarceration are limited onment only, and not incarceration in America’s jails.
    [Show full text]
  • Meanings and Measures of Recidivism
    MEANINGS AND MEASURES OF RECIDIVISM ROBERT WEISBERG* I. INTRODUCTION What causes crime and why crime rates vary over time and place— these are vast questions that dominate the careers of criminologists. The related question of what we can expect government agencies to do about crime—that is, what we can hold government responsible for—occupies much of our civic discourse. My subject here is deceptively more modest: how we identify and address one major problem that government agencies, most obviously criminal justice agencies are supposed to resolve: the elusive phenomenon called recidivism. In this Essay I will undertake some admittedly impressionist reflections on recidivism. I will suggest that because of the power and salience of the term in our discourse, we need to be more self-critical in deploying it. Turning to more pragmatic concerns of criminal justice, I will review how variable and contingent are the formal definitions of measures of recidivism, and I will address the need for sensibly self-critical stipulations of the meaning of the term in order to make the most of any pragmatic use of the term feasible. But first, to suggest what a multimeaning term recidivism is and what a complex phenomenon it may signify, I beg indulgence for a quick narrative of developments in California. A decade ago California’s prison system fell under federal court control because of its unconstitutional conditions and overcrowding.1 The scrutiny given the state prison system was marked by the lament that California had the nation’s “highest recidivism rate.”2 By what measure? * Professor of Law, Stanford Law School.
    [Show full text]