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[James Q. Wilson, guest-blogging, June 9, 2008 at 5:40pm] Trackbacks
The Costs and Benefits of Prison:

Several readers have said that prison would be fine if it did not cost so much. They typically quote the figure of $25,000 per year per inmate. Nobody knows if that is the right number, but let us assume that it is. Anne Morrison Piehl, Bert Useem, and others have estimated the costs of crime. Their calculations, presented in the book Prison State, shows that property and assault crimes committed by the median (50th percentile) offender in Wisconsin, New Jersey, New York, Arizona, and New Mexico range from $26,000 to $46,000. It would seem that prison pays: crimes avoided exceed the annual cost per inmate of locking them up.

tvk:
The conclusion is premature. It depends on whether imprisoning one person per year at $25,000 deters at least one crime per year (saving $26,000, using the low estimate). Even if you accept that prison deters crime, there remains huge questions of how much crime it deters.
6.9.2008 6:49pm
Observer:
Isn't this conclusion assuming that each inmate would commit exactly one crime a year?
6.9.2008 6:51pm
bjr26:
Of course, if the median sentence for these property and assault crimes exceeds two years, then prison does not "pay" insofar as the total price of incarceration will exceed even the highest estimate of the costs of these crimes.

Pretty weak beer thus far, Prof. Wilson.
6.9.2008 6:53pm
30yearProf:
The problem is that the savings goes into the pockets of insurance company shareholders and the costs come out of the pockets of the taxpayers in general.

If the payors get the savings, there would be lots of new prisons and very little crime. We could put the punks in at 16 and let them out at 26.
6.9.2008 6:56pm
jccamp (mail):
Personally, I find it difficult to put a price tag on crimes which terrorize and disrupt the lives and liberties of law abiding citizens (or non-citizens). How do we establish the true cost of a rape? Is it the cost of medical treatment? How about the fear caused by the sense of an invasion when a home is burglarized? How about entire poor neighborhoods where criminal organizations have supplanted civil government? How do we quantify the human cost of crime?

If you have ever confronted the persona of victims, then the cost of prisons is cheap, not matter what cost we decide is accurate.
6.9.2008 7:01pm
Another objection . . .:
There's also a distribution-of-costs issue here, is there not? Suppose that a disproportionately high number of victims of assaults and property crimes are located in predictable populations---whether it be geography, socio-economic status, or whatever. The "several readers" who object to the costs of prison might fall outside these populations, but still be on the hook for an equal share of tax dollars. If correct, they may feel the way many taxpayers feel about bailing out individuals who live in flood or hurricane zones---why should the taxpayers with a low risk of catastrophe be taxed the same as individuals with a high risk?

I imagine that if risk was factored into the equation, the costs for every taxpayer would not always cut in favor of imprisonment. (I'm not saying this is morally justifiable, but only that it may be empirically correct.)
6.9.2008 7:01pm
GV:
So, to be clear, the "cost" of some of the most expensive forms of crime is between 26k to 46k in five states (which have a higher cost of living than the typical state), which is higher than the average cost to house a prisoner for a year. What conclusion, exactly, are we to draw from this data?

Most of your posts provide just enough information that someone who is inclined to think you're right, can say, yeah, that's right. For everyone else, you're posts contain little that would encourage someone to change their mind.
6.9.2008 7:06pm
dps (mail):
some serious flaws in this purely economic analysis, even leaving aside social costs:

1. assumption that imprisoning one person per year at $25k deters at least one "property and assault" crime per year is wildly unsupported. (mentioned above.)

2. reliance on median (rather than mean) prices, which is irrelevant for cost/benefit analysis.

3. disregards economic output prisoners could have produced had they not been imprisoned. (e.g., taxes on earned income.)

4. disregards court costs necessary for imprisoning, which would be far less were prison "off the table."
6.9.2008 7:15pm
Fub:
bjr26 wrote at 6.9.2008 5:53pm:
Of course, if the median sentence for these property and assault crimes exceeds two years, then prison does not "pay" insofar as the total price of incarceration will exceed even the highest estimate of the costs of these crimes.
Although the point isn't expressly stated in Prof. Wilson's post, I think the general context of the post indicates that the cost of crimes committed is an annual figure per (median) perpetrator. If that is the case, then the cost of incarceration does prevent a cost greater than or equal to its cost.

At least for some reasonable assumptions (single modality comes to mind) about the distribution over all perpetrators of those costs of crimes.
6.9.2008 7:17pm
Thorley Winston (mail) (www):
The problem is that the savings goes into the pockets of insurance company shareholders and the costs come out of the pockets of the taxpayers in general.


I'm not sure that first part is correct. Not all property crimes are covered by insurance and to the extent that they are, their costs are passed along to policy-holders in the form of higher premiums overall. Also there are "costs" that come from crime that are above and beyond the costs imposed on the victim of a particular crime. We all pay when our employers or companies we do business with have to hire security guards, install cameras or other security measures, or initiate security procedures that slow down business and limit our ability to access certain locations in order to prevent crimes. Even just the time wasted standing in line at department store while the cashier removes those ink things from a shirt you buy to prevent shoplifting imposes a cost that gets passed along to whoever buys a shirt and everyone else who has to wait in line longer to have it removed.
6.9.2008 7:26pm
Oren:
The conclusion is premature. It depends on whether imprisoning one person per year at $25,000 deters at least one crime per year (saving $26,000, using the low estimate). Even if you accept that prison deters crime, there remains huge questions of how much crime it deters.
If the criminal is just as likely to commit another crime on release from prison (as the statistics on recidivism suggest) than it doesn't matter how long you hold them, you are putting off the inevitable. For the vast majority of criminals, prison is a temporary hindrance, not an institution that in any way helps them change for the better.
6.9.2008 7:38pm
bjr26:
Well, Fub, you might be right, but you might not; the problem is that Professor Wilson's post doesn't provide the context that you assume is implied. And given the surprising lack of analytical or statistical rigor to the thesis advanced in this and other blog posts, I'm not sure your assumption is justified, particularly in light of DPS's succinct comments.
6.9.2008 7:43pm
TomHynes (mail):
California spends about $58,000 per year per prisoner.

($10 billion spending, 173,000 inmates)

(I couldn't get links to work but Google "California Prison Budget Up By 79 Percent" )
6.9.2008 8:12pm
A. Zarkov (mail):
If the problem is the cost of prisons then the solution is obvious. Reduce the cost of prison. Fifty years ago Folsom prison was self supporting. The prisoners were required to do real work, which included growing their own food. The problem comes from social activists and their running dog lawyers who scream "you can't do that!" "That's slavery." "It's too cruel." Once again, it's a lack of will to solve the problem, not the problem itself.
6.9.2008 8:19pm
buford puser (mail):
[Vulgar and insulting unsubstantive comment deleted. -EV]
6.9.2008 8:28pm
Snarky:
I have lost a little bit of respect for Wilson with the shoddy analysis here.

First of all, property and assault crimes are only a subset of the universe of crimes. The benefits of preventing other crimes need to be considered.

Second, as has been mentioned above, this assumes prison deters 1 property or assault crime per year per offender.

Third, it ignores questions concerning the right level of analysis. Should we consider cost benefits on the aggregate or on an individual basis? If you want to maximize aggregate net benefits, the answer is that you consider these on an individual basis. For some offenders, the benefit of preventing the property or assault crime that would have occurred is much less than the median.

Fourth, it ignores questions concerning whether the median is the right metric. Consider this hypothetical. If the cost of imprisonment is $25,000 and the median benefit is $25,000, this is an indication that, for approximately half of the prison population, the costs of incarceration exceeds the benefits.

Fifth, the conclusion that "prison pays" is either obvious, or very crudely stated with a meaning that is unexpressed. Yes, obviously on the aggregate, nearly everyone is in agreement that the net benefits of having a prison system exceed the costs. The alternative is anarchy, which would have a very high cost indeed. However, the debate does not center around the aggregate benefit of running a prison system. No one is arguing that we eliminate all prisons. Rather, the question is whether there would be a large social benefit if we imprisoned less people. Do there exist at least some people where the social benefits would exceed the social costs if we released them? If yes, there is a potential for improvement by reform. The next question is whether there is a large number of such individuals. The next question is to what degree can they be identified and separated.

Sixth, very obviously, the $25,000 to taxpayers does not accurately state the full social cost of imprisonment. What about the daughter who grows up without a trusted and protective father? What about the son who grows up without a role model? What about children who do not see their mothers?

Now, in some cases, imprisonment obviously benefits the children of prisoners. But in many case, it does not.

Overall, I would say that this quick and dirty analysis by James Q. Wilson borders on the incompetent.

Yes, this is a blog, not an academic paper. But really, Wilson would apply a little more intelligence to something he is going to attach his name to.

The claim:


It would seem that prison pays: crimes avoided exceed the annual cost per inmate of locking them up.


Interpreted to mean that there would be no net social benefits from reducing the number of individuals in prison is so far from being established by this pathetic "analysis" as to be embarrassing.

Interpreted to mean that having a prison system at all results in a net benefit is so obvious as to not even be worthy of discussion, given that the alternative is anarchy.

However you interpret the conclusion, this post is pathetic.
6.9.2008 8:42pm
buford puser (mail):
[Insulting unsubstantive comment deleted. -EV]
6.9.2008 8:43pm
Splunge:
Is this a direct cost? There are substantial indirect costs to crime, viz.: the necessity for larger police forces, the restrictions on economic activity produced by the fear of larceny, or being unable to be secure in your transactions or persons at certain times and places.

I think even an idiot (vide supra), comparing the amount of one's economic resources drained off by security concerns in the United States today versus, say, Russia today, or the US 150 years ago, would conclude that the derivative of economic growth with respect to security costs is still positive.

At least, if anyone seriously suggested that less incarceration and fewer criminal prosecutions, fewer police, et cetera would increase economic growth, even in California -- then I would seriously doubt his intelligence, sanity, or honesty.

In the real world, that kind of argument is never made. Instead, exponents of this or that justice methodology argue the relative efficiencies of security investments, e.g. that spending more money on drug treatment or prisons will both contribute to security and to improved economic growth, but you get more "bang for the buck" if you spend it on drug treatment.
6.9.2008 8:45pm
Snarky:
I will say this. Looking at Wilson's CV, I believe he is capable of much better analysis. That his analysis in this post borders on the pathetic should not be taken as a criticism of the man himself.
6.9.2008 8:48pm
Ryan Waxx (mail):

then I would seriously doubt his intelligence, sanity, or honesty


You mean, like a couple drive-by trolls just did to Prof. Wilson?


In the real world...

I'd appreciate it if you not exclude half of the readership in that fashion.
6.9.2008 8:49pm
Snarky:
Splunge,

Given finite resources, an argument for more money on drug treatment is an argument for less incarceration.

In fact, people do argue for less incarceration. Keep in mind, that one of the meanings of less incarceration is a sentence of 4 years in prison instead of 6 years. It is not clear that long prison terms for drug crimes is always a net social benefit in all cases in which such terms are imposed.
6.9.2008 8:56pm
Splunge:
There's nothing wrong with Wilson's post, Snark, aside from the fact that you don't like its conclusions. It is, in any event, far more cogent than your logically scattered rejoinder.

Wilson hasn't even tried to make any kind of full-scale detailed argument. He's just introduced the question and posted the conclusion, pointing to the book in which one might find the detailed argument. Would you suggest he post the contents of the book on the VC? I think Professor Volt might object.

And if he posted any proper subset of the book, you would complain about the key arguments and data being left out. So what can he do to satisfy your demands for a "better analysis?"

I suspect the only answer is "change his conclusions."
6.9.2008 8:58pm
buford puser (mail):
[Insulting unsubstantive comment deleted. The author claimed to be a "working, publishing criminologist, doing actual original research" expressing opinions that are "very widely held in the profession" -- yet oddly enough he gave no substantive arguments, nor cited to any evidence that the opinions are indeed widely held. Folks, let's please keep it substantive. -EV]
6.9.2008 9:01pm
Uthaw:
very obviously, the $25,000 to taxpayers does not accurately state the full social cost of imprisonment. What about the daughter who grows up without a trusted and protective father? What about the son who grows up without a role model? What about children who do not see their mothers?

By the same token, very obviously "$26,000 to $46,000" does not accurately state the full social benefit of imprisonment.
6.9.2008 9:05pm
Snarky:

There's nothing wrong with Wilson's post, Snark, aside from the fact that you don't like its conclusions.


Saying that there is nothing wrong with something is not an argument to specific points which suggest that there is in fact something wrong. It would be interesting if you made something more than entirely vacuous and conclusory statements.


He's just introduced the question and posted the conclusion, pointing to the book in which one might find the detailed argument.


If his analysis is going to be as pathetic as this post, I would say that he should not bother. That you have written a book about something does not excuse poor argumentation.


And if he posted any proper subset of the book, you would complain about the key arguments and data being left out. So what can he do to satisfy your demands for a "better analysis?"


I am not suggesting that Wilson republish his book on this blog. I would however suggest that if he is going to present an argument, that he do it some justice and not present the most pathetic version possible. Wilson is, in short, making his own argument into a pathetic straw man.

It is bad enough when someone else makes your argument into a straw man. It is worse when you do that to your own argument.

The bottom-line is this. The data that Wilson presents do not even come close to even partially establishing his conclusion.
6.9.2008 9:09pm
Snarky:

By the same token, very obviously "$26,000 to $46,000" does not accurately state the full social benefit of imprisonment.


Agreed. This is not a very good metric of anything.
6.9.2008 9:10pm
Splunge:
Given finite resources, an argument for more money on drug treatment is an argument for less incarceration.

Oh don't be silly. The justice system is hardly a zero-sum game. We don't, as a polity, allocate X billion dollars to the system and then argue fiercely with how it should be divvied up. In practise, when people argue for increased drug treatment (say), they could (and probably are) also arguing for more total amount of money spent on criminal justice. The extra money comes out of other economic activity, schools, roads, vacations in Hawaii, whatever.

I've never heard of anyone arguing let's get more drug treatment programs for first offenders going, and to pay for it, let's close a few jails. The usual argument goes: let's get more drug treatment programs going, and then we'll find that we don't need so many jails and we'll be paid back for our investment in treatment programs. That fits with the paradigm of saying drug treatments are more efficient, and once we've got them going, we'll be able to reduce our investment in other forms of criminal justice.

If you can point to a contrary example, where someone suggested closing jails or reducing prosecutions or whatever in order to pay for alternative rehabilitation programs, please do so.

In fact, people do argue for less incarceration

Of course they do. But they do so for one of two reasons:

(1) Long sentences are a priori unjust. Victimless crimes, decriminalize marijuana, whatever.

(2) Shorter sentences would work just as well, sort of a diminishing returns kind of argument.

I'm sympathetic in principle to either argument, and either could be correct. But notice the absence of...

(3) Shorter sentences would work better, and would increase overall security and economic growth.

What would be the logic there, eh? If you keep people in jail for 6 years they get really pissed off, and turn to crime when they get out in revenge? Whereas if you keep them in for only 4 years, they become thoughtful and repentant and turn over a new leaf when they get out? Ha ha.
6.9.2008 9:18pm
Perseus (mail):
3. disregards economic output prisoners could have produced had they not been imprisoned. (e.g., taxes on earned income.)

Most likely it's a figure approaching zero.
6.9.2008 9:23pm
Snarky:
Splunge,

First of all, if we fund ANY drug treatment, we are implicitly allocating less resources to imprisonment (and everything else for that matter -- think opportunity cost). You may argue that it is not a zero sum game in the long run. I am here to tell you that the short run exists, and budgetary choices have to be made.

Yes, the pie we bake in the future may be larger. But the pie we have right now has to be sliced.


(3) Shorter sentences would work better, and would increase overall security and economic growth.


I will tell you how someone would make this argument. People who are employed are more economically productive than people who are in prison. When both parents are in the household, teenagers with more guidance commit less dangerous crime. Etc. etc.

In fact, the logic of (3) is fairly strong in some contexts.

If you proposed a 50-year prison sentence for shoplifting $500 worth of goods, I think it would be undeniable that a 2-year prison sentence would be better, and would increase overall security and growth.

What do you think would happen to the children of people imprisoned for 50 years? Would they face greater economic insecurity? Would they have discipline with only one parent? Would they face other consequences? Would these consequences manifest themselves in more crime by these children?

I think it is fairly obvious that if we had 50-year prison sentences for shoplifting, we would plausibly have less security and less economic growth. At least if you think there is any connection whatsoever between the probability that a child will commit crime and being raised in a one parent household.

Obviously, the analysis is not conclusive, because we would have to consider deterrence effects.
6.9.2008 9:37pm
Snarky:
Perseus,

You really believe that the taxable income of prisoners released from prison is zero?
6.9.2008 9:39pm
Jmaie (mail):
What about the daughter who grows up without a trusted and protective father? What about the son who grows up without a role model?

Criminal as role model?!?
6.9.2008 9:44pm
Tyrant King Porn Dragon (mail):

3. disregards economic output prisoners could have produced had they not been imprisoned. (e.g., taxes on earned income.)

Most likely it's a figure approaching zero.

I would love to see the data on recidivism rates/unemployment rates supporting that claim.

On a more serious note: Prof. Wilson, I appreciate your willingness to post here, but it seems to me that you don't quite understand the format of this particular method of communication. To be specific: the great advantage of a weblog is its exploitation of hypertextuality, its ability to link to supporting evidence and data and provide it in easy and convenient form, and readers have come to expect that sort of backup. In several posts so far, you've made an arguable assertion (most prison terms for drug possession are a result of plea bargaining from more serious crimes, property and assault crimes do, on average, $26 to $46k worth of damage, etc) and, instead of backing that assertion up with facts and figures, directed readers to other people's books and so on. I'd imagine that not one in a hundred of us has access to the book, Prison State, that you refer us to; certainly I'm not about to drive five miles to my college library to check your claims about it... and what results is irritation among the readership, because a scholarly blog post is expected to either provide the data or link to an online source containing the data; otherwise the post is considered mere assertion and goes in the same category as a WSJ editorial.

So, yeah. We'd appreciate it if you'd provide supporting evidence for your claims - quote the books if you have to, I assume you have them handy - so we can argue about that instead of descending into ad hominem due to the scantiness of your claims :)

tl;dr: [[citation required]]
6.9.2008 9:46pm
Oren:
What would be the logic there, eh? If you keep people in jail for 6 years they get really pissed off, and turn to crime when they get out in revenge? Whereas if you keep them in for only 4 years, they become thoughtful and repentant and turn over a new leaf when they get out?
If we halved all sentences (oops, we already do that with credit earned for good behavior -- the average prisoners serves <50% of his sentence) and spent the extra money on counseling, rehabilitation and job training then some percentage of released prisoners might make a life of it.

As it is now, virtually all of the prison systems have virtually no education, counseling or rehabiliation as a cost-saving measure -- virtually guaranteeing that the prison will be overcrowded in the future.
6.9.2008 9:47pm
Snarky:
Wow. It turns out that Wilson is actually a crazy ideologue.

Check out this report by the Center for Inquiry concerning the accuracy of Wilson's textbook on Government.

It turns out that in his textbook, Wilson describes the vast majority of scientists who believe in global warming as "activists" and those who do not as "skeptics."

Wow. Talk about ideologically charged and insulting language. To describe the vast majority of scientists as "activists" is to suggest that they are being led by something other than science while to describe global warming deniers as merely "skeptics" suggests that they are applying the scientific method impartially, given that the scientific method has skepticism built in.

My level of trust in Wilson has fallen rather precipitously at this point. Can you say "axe to grind."
6.9.2008 9:50pm
Jmaie (mail):
You really believe that the taxable income of prisoners released from prison is zero?

As the discussion seems to have centered a bit on treatment in lieu of (or in conjunction with) prison time, I will assume we are talking about drug offenses.

*Most* people in prison for drug crimes tend to be at the low end of the economic scale, earning minimal taxable income. A good number earn their entire income via the black market.

The answer to your question is, yes.
6.9.2008 9:50pm
Tyrant King Porn Dragon (mail):

Criminal as role model?!?


You're right, Jmaie. Anyone who goes to prison is irredeemable trash, and may as well be thrown away. The idea that people could repent their crimes, clean themselves up and become contributing members of society is utterly ludicrous; statistics show that recidivism rates approach 100% among the criminal element; a 'three strikes, you're out' law like California's is far too lenient.

(sarcasm)
6.9.2008 9:52pm
Perseus (mail):
You really believe that the taxable income of prisoners released from prison is zero?

My comment was partly snarky, but I would be interested in seeing the tax return data on the median thug who commits property and assault crimes.
6.9.2008 9:55pm
Tyrant King Porn Dragon (mail):

*Most* people in prison for drug crimes tend to be at the low end of the economic scale, earning minimal taxable income. A good number earn their entire income via the black market.


Citation required, Jmaie, unless you're just implying the traditional conservative 'drug crime = black male = ghetto welfare trash' equivalency.
6.9.2008 9:57pm
Snarky:

Criminal as role model?!?


People are much more than their mistakes. People who have at one time or another committed a crime are obviously not perfect. But then again, neither are you. We are all sinners.

Or is it your position that someone who possesses an unregistered gun in a jurisdiction that requires registration and then uses it in self-defense (i.e. a criminal) can never be a role model?
6.9.2008 9:58pm
Ryan Waxx (mail):

We are all sinners.


Yes. We are all rapists, we are all murderers, we all drive drunk, we all...

Oops. Didn't mean to step on a vacuous assertion and break it. Sorry.
6.9.2008 10:16pm
Pete Guither (mail) (www):
I don't see how incarceration for selling drugs could possibly fit in this calculation.

First of all -- how do you determine a dollar price to society for the commission of a consensual crime?

Second -- the incarceration of a drug dealer merely provides a job opening for another drug dealer (law of supply and demand).

Third -- what about the cost of the crimes caused by prohibition itself?
6.9.2008 10:17pm
Watson Gorgonzola (mail):
Shouldn't we be comparing the benefit of imprisonment to the cost it imposes on relatives and children of criminals? Shouldn't we also be comparing the price of imprisonment to the price of education? If education is cheaper than imprisonment, why not favor education as a crime-reduction method? Perhaps education is not as effective at deterring crime -- but if deterrence just means "making cost comparisons," then cost is all we need to look at. (I hope this is substantive enough.)
6.9.2008 10:18pm
Tyrant King Porn Dragon (mail):

Shouldn't we be comparing the benefit of imprisonment to the cost it imposes on relatives and children of criminals?

If the person imprisoned is actually a criminal, their children and relatives benefit from their imprisonment. After all, a criminal cannot possibly be a role model for his children, or ever hold down a job and provide for his family, etc, etc.

(I'm being sarcastic, but I think some of the posters above actually believe this)
6.9.2008 10:22pm
Snarky:
Ryan Waxx,

That you are imperfect is perfectly evident from the poor quality of your thinking.
6.9.2008 10:33pm
John Neff:
Low estimates are $60,000 for the cost of convicting a prison inmate, $25,000 per year for incapacitation and an estimated $4,200 per year for the average cost to incarcerate recidivists. If we assume an average length of confinement of three years for drug, property or public order offenders the average cost per year is at least $49,000 per year for incapacitation and rehabilitation. There is no additional cost for deterrence but it is not clear that there are any significant benefits from deterrence because the recidivism rate is so large. If the prisoner is paroled there are additional costs of supervision and costs caused by parole violations. These are low estimates so the actual cost is larger.

I agree with a previous comment that the benefits of incapacitation are difficult to quantify.
6.9.2008 10:51pm
Perseus (mail):
If the person imprisoned is actually a criminal, their children and relatives benefit from their imprisonment.

And why do you find such a belief beyond the pale?
6.9.2008 10:58pm
Perseus (mail):
Check out this report by the Center for Inquiry concerning the accuracy of Wilson's textbook on Government.

As if an outfit like CFI, which is "Committed to Science, Reason, Free Inquiry, Secularism, and Planetary Ethics," does not have an axe to grind. As for their charge, Prof. Wilson's textbook (which I have used in my Intro. to American Government classes) is correct to characterize as "activist" scientists who claim that global warming will be harmful to humans and that governments should act now since modern scientist qua scientist has no business making such "value judgments."
6.9.2008 11:11pm
TokyoTom (mail):
One should also consider, in evaluating the costs and benefits of imprisonment:

- the costs of policing and prosecution;
- the continued growth of prisons as a politically-favored industry (not dissimilar to the defense industry), with per capita imprisonment far exceeding those in other Western nations; and
- the relationship of imprisonment to the "drug war" and the costs of the drug war (not simply dollars spent, but also costs in terms of civil liberties and contribution to lack of inner city development by encouraging drug-related violence).
6.9.2008 11:16pm
Chilled Speech:
Many comments assume that long prison sentences serve a useful specific deterrence purpose, in that they keep the crooks off the street and almost by definition reduce their lifetime offense totals. But I suspect the cost/benefit analysis of long sentences for this purpose varies greatly depending on the characteristics of the offender.

Long sentences for armed robbers, serial rapists, mobsters and other violent criminals by definition stop them from praying on society at large for as long as they're locked up (although summarily executing them like the Chinese tend to do, or "transporting" them to Australia would be even more effective, but I guess the Eight Amendment might have something to say about that).

Where this paradigm breaks down, however, is with white collar criminals and others who are unlikely to be much of a recidivism risk. Sentencing Jeffrey Skilling to over 24 years for his role in the Enron fraud is unlikely to make society "safer" in any direct sense, as it is doubtful that he would ever be in a position to carry out similar crimes in the future even if he'd received straight probation. And he's not going to be "more" rehabilitated when he is eventually released as an octogenarian than if he'd served a much shorter sentence [because of the offender-specific nature of the question posed above, I'm deliberately leaving out consideration of separate general deterrence and retribution justifications for sending the likes of Skilling away for a long time].

With armed robbers or rapists with a high recidivism rate, society probably wins from long sentences. Skilling, not so much.

All of which suggests that just looking at "average" figures probably isn't terribly helpful.
6.9.2008 11:28pm
GV:
The report on Wilson's intro to American Government text book is fairly astonishing. Is this book widely used? I would hope not. Setting aside the global warming section, I'd like to think both liberals and conservatives lawyers can agree that its discussion on Lawrence and school prayer are widely inappropriate, given how much each issue is distorted.

And I would assume that some of the book's sillier claims (the doctrine of original sin was a motivating factor in drafting the constitution?) were dropped in later editions?
6.10.2008 12:09am
Kirk:
Before we hear more cries of outrage at the suggestion that the taxable income of a typical low-level criminal is likely to approach zero--can somebody please look up the income percentile at which the EITC kicks in?
6.10.2008 12:10am
autolykos:

Long sentences for armed robbers, serial rapists, mobsters and other violent criminals by definition stop them from praying on society at large for as long as they're locked up (although summarily executing them like the Chinese tend to do, or "transporting" them to Australia would be even more effective, but I guess the Eight Amendment might have something to say about that).


I don't think the 8th Amendment would have much to say, but I'll bet Australia would.
6.10.2008 12:11am
Oren:
the continued growth of prisons as a politically-favored industry (not dissimilar to the defense industry), with per capita imprisonment far exceeding those in other Western nations; and
It's actually even worse than we think because the prison population in many rural counties is counted by the census as residing in those counties. Of course, prisoners can't vote so you end up with very few people electing legislators, all of whom are supported by the prison.

It's no wonder we keep building prisons - each one is a modern day rotten borough unto itself!
6.10.2008 12:56am
Perseus (mail):
The report on Wilson's intro to American Government text book is fairly astonishing. Is this book widely used? I would hope not. Setting aside the global warming section, I'd like to think both liberals and conservatives lawyers can agree that its discussion on Lawrence and school prayer are widely inappropriate, given how much each issue is distorted.

It is indeed widely used. The running joke is that royalties from the textbook helped pay for Wilson's posh Malibu estate. I agree that the section on the Establishment Clause needs some clarification--though any decent professor will provide it. No textbook is perfect. And if you want to talk about political bias, I could cite innumerable examples of liberal bias in introductory textbooks on American government.
6.10.2008 1:33am
Public_Defender (mail):
Corrections officials ("elites") are getting more sophisticated in analyzing exactly what factors lead to higher recidivism. It's too simplistic just to say people convicted of burglary have "recidivism rate X and therefore the prison sentence should automatically be Y." Instead, they have a lot more statistical tools that also look at previous history and a gazillion other factors.

Another problem is that even if increasing a prison term lowers societal costs, it increases governmental costs, at least on the state level. So when they increase a penalty, legislators should immediately account for the prison space by appropriating the necessary revenue. But, following typical Republican-style budgeting, they incur the cost and pretend that it either is costless or that the money will magically appear.
6.10.2008 6:08am
buford puser (mail):

[Insulting unsubstantive comment deleted. The author claimed to be a "working, publishing criminologist, doing actual original research" expressing opinions that are "very widely held in the profession" -- yet oddly enough he gave no substantive arguments, nor cited to any evidence that the opinions are indeed widely held. Folks, let's please keep it substantive. -EV]


Evidence that Prof. Wilson is not taken seriously as a scholar?
No problem.
A quick search of Academic Search Premier for peer-reviewed publications reveals that Prof Wilson has a total of 81 publications since the early 60s. This sounds impressive, except that 27 citations are to Commentary, 15 are to The Public Interest, and 8 are to Current, not really what most would consider peer-reviewed journals. And except that the vast majority are book reviews, not research.
He has one publication in a peer-reviewed journal since 1991, and note that that article does not present research, but calls for more evaluation research. He has a career total of 7 peer-reviewed articles presenting original research (using that latter term very elastically here), 3 in the 60s, 2 in the 70s, 1 in the 80s and the aforementioned 1991 publication.
As far as engaging in substantive debate with Wilson: as someone who has graded a lot of undergraduate papers, there is bad work where you point out the flaws in the arguments in an effort to improve it, and then there is work so bad you just write "NO". Engaging in debate with Wilson simply dignifies his apologetics of repression with the mantle of scholarship. Sorry to go all Godwin on you, but sometimes debate is not appropriate.
6.10.2008 7:59am
buford puser (mail):
As far as my (deleted) characterization of Wilson as a beneficiary of Wingnut Welfare, is that really an unfair description of a man who holds an endowed chair as the Ronald Reagan Professor of Public Policy at the very conservative Pepperdine University, with such a thin publication record?
6.10.2008 8:21am
justwonderingby:
As it is now, virtually all of the prison systems have virtually no education, counseling or rehabiliation as a cost-saving measure

Yawn... This is not true. I've worked in several prisons and there always is education and counseling programs. The fact is that these programs, on the whole, don't work (in terms of reducing recidivism) and are often gamed by the inmates in an effort to earn early release.
6.10.2008 8:51am
ejo:
we can cut to the chase by simply noting that the criminals released will usually be preying on the poor in poor neighborhoods and, likely, minorities given the violent prison population. I am not going to be driving in the crappy neighborhoods that will be affected by the release numbers-if it saves me tax dollars and others suffer, should I care? Am I now a liberal?
6.10.2008 9:26am
Brian Mac:
buford puser:

Had you looked at Wilson's record on google scholar (which includes his books), you'd notice he's been cited close to 10,000 times. Makes we wish that I wasn't taken seriously as a scholar too...
6.10.2008 9:59am
buford puser (mail):
Brian Mac:
I did; that's how I noticed that his output is almost exclusively books (which are typically not peer-reviewed).
The point is not that he has not published lots of words (he has), it's that he has not established a scholarly publication record commensurate with the position he holds.
Of course he's cited often, because that's his job: to provide "scholarly" backing for harsh penalties toward the underclass; few of those citations are in peer-reviewed scholarly publications, however, because (here's where I came in) he is an ideologue, not taken seriously as a scholar.
6.10.2008 10:14am
Brian Mac:
buford puser:

I don't know how criminology works, but there's quite a few social science fields where books are the primary research outputs. And it's not like his books were published by his Mum; Princeton and Harvard are amongst the publishers. Also, I had a quick look at where the most recent cites to his bureaucracy book come from: the bulk were peer-reviewed journals. So he's obviously an infuential scholar (although he may be controversial, I have no idea).
6.10.2008 10:29am
frankcross (mail):
Perseus, I hope you're not teaching the section on school prayer and the establishment clause, because it is very misleading and the history claims very shallow
6.10.2008 10:53am
buford puser (mail):
Brian Mac:
Empirical work (the kind he has done little of) generally appears in peer-reviewed journals first, even if it's later recycled into a book chapter.
His Harvard UP publication was 1968; the Princeton one was 1995, but is a non-criminology topic, and thus not relevant to a discussion of criminal justice scholarship; it may well be fine work.
Most of his recent output has been popular press publishers, and, predominantly, the subsidized press of the right (American enterprise Institute, e.g.).
6.10.2008 11:20am
Observer:
Why is AEI press less credible than any major university press? It doesn't tilt as far to the right as, say, Harvard University Press tilts to the left.
6.10.2008 11:27am
buford puser (mail):
Observer:
The hidden left-wing agenda in this list is a little too subtle for me to notice.
On the other hand, this list does seem to bear some ideological stamp, wouldn't you agree?
6.10.2008 11:42am
Iolo:
Buford, do you have any arguments to advance that are relevant to this post's topic? Ad hominem attacks on Wilson's credentials hardly seem relevant.
6.10.2008 12:31pm
Thomas_Holsinger:
Chilled Speech,

Please use terms with better precision and accuracy. Incapacitation and deterrence are not the same. Conflating the two leads to confusion. Unless confusion is your objective.
Many comments assume that long prison sentences serve a useful specific deterrence purpose, in that they keep the crooks off the street and almost by definition reduce their lifetime offense totals. But I suspect the cost/benefit analysis of long sentences for this purpose varies greatly depending on the characteristics of the offender.
6.10.2008 1:26pm
buford puser (mail):
No, I don't have anything substantive to add to the debate on the cost/benefit ratio for criminal sentencing.
Like Prof. Wilson, I haven't done any empirical work in this area.
Unlike Prof. Wilson, I don't earn a living selectively citing the work of others where it can be said that work supports the agenda du jour of the anti-libertarian right, so I won't claim expertise I don't have.
6.10.2008 1:43pm
Chilled Speech:
Thomas_Holsinger:

Actually, I think you're missing the precision of the terminology in the post.

Specific deterrence, as some of us learned the term eons ago in our Crim Law courses, is defined as steps society can take to keep the particular offender from initiating or repeating his criminal conduct. A particularly effective method of specific deterrence for someone who has already taken a criminal path is, of course, incapacitation through incarceration.

Do not confuse specific deterrence with general deterrence, which in this context is imposing punishment to set an example that persuades other potential offenders that doing the crime isn't worth it.

Maybe sending Jeffrey Skilling away for north of two decades is a wonderful way of advancing general deterrence -- other corporate CEOs might well sit up and take notice. But IMHO it has little to no value as a specific deterrence technique for either him or other similarly-situated white collar criminals.
6.10.2008 2:22pm
Perseus (mail):
Perseus, I hope you're not teaching the section on school prayer and the establishment clause, because it is very misleading and the history claims very shallow

As I said, any decent professor will provide clarification (or correction if you prefer), which I do in my lecture on the subject. That's what I'm there for and get paid the big bucks (not really).
6.10.2008 3:15pm
jake horowitz (mail):
Piehl and Useem's earlier work with DiIulio (available here: http://www.manhattan-institute.org/html/cr_8.htm) presents a different take on similar (perhaps older?) data:

"While it clearly pays to incarcerate those at the 80th percentile in all three states, on incapacitation grounds alone, it does not appear to "pay" to incarcerate those below the median. The social costs associated with the offender at the 40th percentile are all below $15,000."
6.10.2008 3:27pm
Jmaie (mail):
Citation required, Jmaie, unless you're just implying the traditional conservative 'drug crime = black male = ghetto welfare trash' equivalency.


I don't have a cite for you, Tyrant King Porn Dragon. My comment was based on personal experience with two dozen or so individuals I spent time with in my early twenties when I was hanging out.

Insinuations of racism aside, do you have anything substantive to say? Am I incorrect?

Do you have anything substantive to say? Am I wrong?
6.10.2008 3:56pm
George Weiss (mail) (www):
lots of people are misunderstanding the OP

the OP is not using the benefit of deterrence to calculate the benefit of prision. he is using the benefit of incapacitation.

in order to use his figure of the benefit of prision we need not assume that it will deter one crime per year (or any crime at all) to have a prison sentence for a year...we only need assume that while hes in prison-he wont commit crime.

its the difference between incapacitation and deterrence.
6.10.2008 11:32pm