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US: OPED: Prisons Alone Are No Lockbox For Crime

James Alan Fox

Boston Herald (MA)

Tuesday 04 Sep 2001

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Note: James Alan Fox is the Lipman Family Professor of
Criminal Justice at Northeastern University.


Last Wednesday's editorial, "The purpose of prisons,"
committed the statistical sin of confusing correlation with
causation. Commenting on a Justice Department report that a
record 6.47 million Americans, one out of every 32 adults, are
under correctional supervision (serving time behind bars or on
probation or parole), the Herald credited the rise in prison
populations for bringing about the recent sharp decline in
crime.

The reality is, however, that most of the 1990s crime drop, in
Boston and elsewhere, was associated with a dissolving crack
market, a booming economy, the shift to community-oriented
policing, investments in prevention programs, community
mobilization and an aging population.

Prison populations had been expanding long before the crime
rate started its 1990s nose dive. From 1985 to 1991, the count
of U.S. prisoners increased 63 percent while the crime rate
rose 13 percent, including a 36 percent jump in violent crime.

I do not dispute that expanding prisons had some positive
impact on the crime rate. In fact, Professor William Spelman
of the University of Texas has shown through a statistical
analysis that about one-quarter of the drop in crime of the
1990s can be linked to correctional incapacitation -- that is,
more prisoners and longer sentences.

Those who take a get-tough posture also tend to support the
"three strikes" movement to repeat offenders that swept across
America from Washington state where it began in 1993 to
Washington, D.C., where our congressmen see themselves as the
Pedro Martinezes of politics. They are eager to show their
constituencies that they can strike out the side against
crime.

Just last week, however, the Washington-based Sentencing
Project reported that California's three-strikes law, one of
the toughest in the land, had had no impact on the state's
crime rate. While it is certainly logical that incarcerating
felons for long periods of time (even life) curtails their
criminal activity, the bottom-line question is whether "three
strikes" works any better than other sentencing strategies.

Allowing judges discretion is far more rational and effective
than using a number like three to dictate sentences. It is the
nature of offenders, not the number of offenses, that should
guide sentencing decisions. There are, for example, first- and
second-time felons who are more dangerous than many three-time
losers. More important, keeping felons incarcerated well past
their prime criminal years is not the wisest use of
correctional resources. Three-strikes laws have resulted in a
growing number of aging prisoners and longer sentences for
non-violent offenders.

At present, 49 percent of U.S. prisoners are locked up for
non-violent crimes, drug offenses, property crimes and
offenses against public order (for example, drunken driving
and weapons violations). We need to be far more selective in
sentencing practices, saving prison cells for dangerous felons
and using other measures (for example, electronic monitoring)
for the rest.

Unfortunately, the great 1990s crime drop may have ended with
the close of the 1990s. Since then, many cities, including
Boston, have seen crime levels inch upward. Part of this
resurgence may be the result of our failed "lock 'em up"
strategy. With a four-fold increase in prisoners over the past
two decades, we had to expect that eventually the number of
ex-offenders released from prison would increase as well.

More ex-cons are now returning to their old neighborhoods, and
sometimes to their old ways, with bad attitudes and inadequate
training. Many have no marketable skills with which to compete
for jobs; some remain functionally illiterate.

As we crammed more and more prisoners into our correctional
facilities, we also shifted the emphasis away from treatment
and rehabilitation, once believed to be as important a purpose
of prison as incapacitation, and more toward pure punishment.

Victim advocate Marc Klass, whose 12-year-old daughter Polly
was kidnapped and murdered in 1993 by a repeat offender, was
initially the lead voice behind the three-strikes movement. He
has since changed his tune. "Trying to cure the diseases of
crime and violence just by building more prisons is like
trying to cure cancer by building more cemeteries," said
Klass.

We all can agree that prisons, unfortunately, are necessary
institutions in today's society. Still, when it comes to
prison populations, bigger does not always mean better.


 

 

 

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