Rush to Judgment?

Suppose you see a man with a gun chasing another man down the street. You are armed and decide to intervene. You yell at the pursuer to stop or you’ll shoot him. He pays you no heed and continues his pursuit. You shoot the pursuer in the back and he drops dead. The pursued man continues his flight and soon disappears from your view.

You call the police to report the incident, and an investigative team soon arrives on the scene. The crime-scene investigator turns the dead man over and sees that he is a fellow police officer. The investigator calls the officer’s unit to determine the officer’s assignment at the time of the shooting.

The investigator learns that the officer had been about to make an arrest in a drug sting. The man he was chasing was probably a mid-level drug dealer who was in charge of a drug-dealing operation that spanned one-fourth of the large city in which you live. On further investigation, these facts are confirmed. You are charged with manslaughter.

But if the person you shot had been a criminal intent on killing the fleeing man, you would have been hailed as a hero.

This hypothetical situation can be thought of as a metaphor for the possibility that a jury will convict an innocent person for a crime that carries the death penalty.

There is almost always some degree of uncertainty about the guilt of a person who is convicted of murder. Most murder convictions are based on “circumstantial” evidence, though it should be compelling evidence to secure a conviction. But a murderer is seldom caught at the scene of the crime in a manner that points unambiguously to (a) his culpability and (b) lack of mitigating circumstances (e.g., self-defense). Rock-solid, 100-percent certainty of guilt is hard to come by.

There are many who argue that such considerations — wrongful conviction, less-than-certainty — call for abolition of the death penalty.

There are two ancillary arguments against the death penalty. The first is that the execution of a person is an irrevocable act which can’t be reversed if evidence surfaces to prove the person’s innocence or, at least, cast reasonable doubt on his guilt. But imprisonment can’t be reversed, either. Awards of monetary damages in cases of wrongful conviction aren’t truly compensatory; time can’t be rewound.

Thus I am unpersuaded that  the death penalty is wrong because it is irreversible. All penalties except strictly monetary ones, repaid with interest, are irreversible. And even those have some costs attached to them (e.g., time lost, shame) that can’t be erased.

The second ancillary argument — which isn’t really an argument — is that the death penalty is barbaric. I am unpersuaded that the death penalty is barbaric. It is a penalty for the commission of a barbaric act. To call it barbaric is to stoop to the kind of emotionalism that typifies the left, whence flows most opposition to the death penalty. (If it’s not barbaric, it’s racist; if it’s not racist, it’s primitive; and on into the night.)

Lost in all the noise are the the essential purposes of punishment: vengeance, deterrence, and security. Restitution and rehabilitation are pipe dreams.

Capital punishment is the capstone of a system of justice that used to work quite well in this country because it was swift, certain, and harsh. But the erosion of the capstone has led to the erosion the edifice beneath it. When the worst crimes merit less than death, the next worse crimes merit lesser punishments than before, and so on down the line. At the end of the line, there are increasing numbers of police officers who refrain from intervening in criminal activity lest they themselves be charged with brutality. It’s little wonder that the rate of violent crime has risen for the past two years.

There must be a hierarchy of penalties for crime, and that hierarchy must culminate in the ultimate penalty if criminals and potential criminals are to believe that crime will be punished. When punishment is made less severe and less certain, crime flourishes and law-abiding citizens become less secure. (Some of the related posts listed below provide relevant statistical evidence.)

There are those who argue that the deterrent effect of capital punishment isn’t what it used to be. But that is because the death penalty is rarer and less certain than it used to be. The deterrent effect would be greater if there were a strict limit on the number of appeals and the time available for such appeals.

In any event, even if capital punishment had no deterrent effect, the execution of a murderer eliminates the possibility that he will murder again.

What about the possibility of a mistaken conviction? That possibility argues not for the abolition of the death penalty, but for strict scrutiny of the evidence against an accused to ensure that it is completely and timely divulged to the defense. It also calls for a special class of defense counsel: lawyers who specialize in and are knowledgeable of the kinds of evidence that are (and should be) presented and examined in capital cases (e.g., evidence about DNA, ballistics, poisons, etc.).

As a taxpayer, I would rather subsidize the training, testing, and monitoring of such lawyers than put up with the seemingly endless rounds of death-sentence appeals and the costs associated with them. The tradeoff would be enshrined in law: a definite limit as to the number of appeals and the length of time allowed for them, on the one hand, and a greater assurance of robust defense for the accused, on the other hand.

Justice delayed is justice denied.


Related reading: John Paul Wright and Matt DeLisi, “What Criminologists Don’t Say, and Why“, City Journal, Summer 2017

Related posts:
I’ll Never Understand the Insanity Defense
Does Capital Punishment Deter Homicide?
Libertarian Twaddle about the Death Penalty
Crime and Punishment
Saving the Innocent?
Saving the Innocent?: Part II
More Punishment Means Less Crime
More About Crime and Punishment
More Punishment Means Less Crime: A Footnote
Clear Thinking about the Death Penalty
Let the Punishment Fit the Crime
A Precedent for the Demise of the Insanity Defense?
Another Argument for the Death Penalty
Less Punishment Means More Crime
Clear Thinking about the Death Penalty
What Is Justice?
Why Stop at the Death Penalty?
In Defense of Capital Punishment
Lock ‘Em Up
Free Will, Crime, and Punishment
Stop, Frisk, and Save Lives
Poverty, Crime, and Big Government
Crime Revisited

Not-So Random Thoughts (XIX)

ITEM ADDED 12/18/16

Manhattan Contrarian takes on the partisan analysis of economic growth offered by Alan Blinder and Mark Watson, and endorsed (predictably) by Paul Krugman. Eight years ago, I took on an earlier analysis along the same lines by Dani Rodrik, which Krugman (predictably) endorsed. In fact, bigger government, which is the growth mantra of economists like Blinder, Watson, Rodrik, and (predictably) Krugman, is anti-growth. The combination of spending, which robs the private sector of resources, and regulations, which rob the private sector of options and initiative, is killing economic growth. You can read about it here.

*     *     *

Rania Gihleb and Kevin Lang say that assortative mating hasn’t increased. But even if it had, so what?

Is there a potential social problem that will  have to be dealt with by government because it poses a severe threat to the nation’s political stability or economic well-being? Or is it just a step in the voluntary social evolution of the United States — perhaps even a beneficial one?

In fact,

The best way to help the people … of Charles Murray’s Fishtown [of Coming Apart] — is to ignore the smart-educated-professional-affluent class. It’s a non-problem…. The best way to help the forgotten people of America is to unleash the latent economic power of the United States by removing the dead hand of government from the economy.

*     *     *

Anthropogenic global warming (AGW) is a zombie-like creature of pseudo-science. I’ve rung its death knell, as have many actual scientists. But it keeps coming back. Perhaps President Trump will drive a stake through its heart — or whatever is done to extinguish zombies. In the meantime, here’s more evidence that AGW is a pseudo-scientific hoax:

In conclusion, this synthesis of empirical data reveals that increases in the CO2 concentration has not caused temperature change over the past 38 years across the Tropics-Land area of the Globe. However, the rate of change in CO2 concentration may have been influenced to a statistically significant degree by the temperature level.

And still more:

[B]ased on [Patrick[ Frank’s work, when considering the errors in clouds and CO2 levels only, the error bars around that prediction are ±15˚C. this does not mean—thankfully— that it could be 19˚ warmer in 2100. rather, it means the models are looking for a signal of a few degrees when they can’t differentiate within 15˚ in either direction; their internal errors and uncertainties are too large. this means that the models are unable to validate even the existence of a CO2 fingerprint because of their poor resolution, just as you wouldn’t claim to see DnA with a household magnifying glass.

And more yet:

[P]oliticians using global warming as a policy tool to solve a perceived problem is indeed a hoax. The energy needs of humanity are so large that Bjorn Lomborg has estimated that in the coming decades it is unlikely that more than about 20% of those needs can be met with renewable energy sources.

Whether you like it or not, we are stuck with fossil fuels as our primary energy source for decades to come. Deal with it. And to the extent that we eventually need more renewables, let the private sector figure it out. Energy companies are in the business of providing energy, and they really do not care where that energy comes from….

Scientists need to stop mischaracterizing global warming as settled science.

I like to say that global warming research isn’t rocket science — it is actually much more difficult. At best it is dodgy science, because there are so many uncertainties that you can get just about any answer you want out of climate models just by using those uncertianties as a tuning knob.

*     *     *

Well, that didn’t take long. lawprof Geoffrey Stone said something reasonable a few months ago. Now he’s back to his old, whiny, “liberal” self. Because the Senate failed to take up the nomination of Merrick Garland to fill Antonin Scalia’s seat on the Supreme Court — which is the Senate’s constitutional prerogative, Stone is characterizing the action (or lack of it) as a “constitutional coup d’etat” and claiming that the eventual Trump nominee will be an “illegitimate interloper.” Ed Whelan explains why Stone is wrong here, and adds a few cents worth here.

*     *     *

BHO stereotypes Muslims by asserting that

Trump’s proposal to bar immigration by Muslims would make Americans less safe. How? Because more Muslims would become radicalized and acts of terrorism would therefore become more prevalent. Why would there be more radicalized Muslims? Because the Islamic State (IS) would claim that America has declared war on Islam, and this would not only anger otherwise peaceful Muslims but draw them to IS. Therefore, there shouldn’t be any talk of barring immigration by Muslims, nor any action in that direction….

Because Obama is a semi-black leftist — and “therefore” not a racist — he can stereotype Muslims with impunity. To put it another way, Obama can speak the truth about Muslims without being accused of racism (though he’d never admit to the truth about blacks and violence).

It turns out, unsurprisingly, that there’s a lot of truth in stereotypes:

A stereotype is a preliminary insight. A stereotype can be true, the first step in noticing differences. For conceptual economy, stereotypes encapsulate the characteristics most people have noticed. Not all heuristics are false.

Here is a relevant paper from Denmark.

Emil O. W. Kirkegaard and Julius Daugbjerg Bjerrekær. Country of origin and use of social benefits: A large, preregistered study of stereotype accuracy in Denmark. Open Differential Psychology….

The high accuracy of aggregate stereotypes is confirmed. If anything, the stereotypes held by Danish people about immigrants underestimates those immigrants’ reliance on Danish benefits.

Regarding stereotypes about the criminality of immigrants:

Here is a relevant paper from the United Kingdom.

Noah Carl. NET OPPOSITION TO IMMIGRANTS OF DIFFERENT NATIONALITIES CORRELATES STRONGLY WITH THEIR ARREST RATES IN THE UK. Open Quantitative Sociology and Political Science. 10th November, 2016….

Public beliefs about immigrants and immigration are widely regarded as erroneous. Yet popular stereotypes about the respective characteristics of different groups are generally found to be quite accurate. The present study has shown that, in the UK, net opposition to immigrants of different nationalities correlates strongly with the log of immigrant arrests rates and the log of their arrest rates for violent crime.

The immigrants in question, in both papers, are Muslims — for what it’s worth.

UPDATE 06/02/17: There’s new material of relevance at https://www.youtube.com/watch?v=jMSRZQ1usDc and http://buff.ly/2qyO2yy.

* * *

ADDED 12/18/16:

I explained the phoniness of the Keynesian multiplier here, derived a true (strongly negative) multiplier here, and added some thoughts about the multiplier here. Economist Scott Sumner draws on the Japanese experience to throw more cold water on Keynesianism.

Not-So-Random Thoughts (XVIII)

Links to the other posts in this occasional series may be found at “Favorite Posts,” just below the list of topics.

Charles Murray opines about “America Against Itself“:

With the publication in 2012 of Coming Apart: The State of White America, 1960-2010, political scientist Charles Murray – celebrated and denigrated in equal measure for his earlier works, Losing Ground (1984) and The Bell Curve (1994) – produced a searing, searching analysis of a nation cleaving along the lines of class, a nation, as he put it, ‘coming apart at the seams’. On the one side of this conflicted society, as Murray sees it, there is the intellectual or ‘cognitive’ elite, graduates of America’s leading universities, bound together through marriage and work, and clustered together in the same exclusive zipcodes, places such as Beverly Hills, Santa Monica and Boston. In these communities of the likeminded, which Murray gives the fictional title of ‘Belmont’, the inhabitants share the same values, the same moral outlook, the same distinct sense of themselves as superior. And on the other side, there is the ‘new lower class’, the white Americans who left education with no more than a high-school diploma, who increasingly divorce among themselves, endure unemployment together, and are gathered in neighbourhoods that Murray gives the title of ‘Fishtown’ – inspired by an actual white, blue-collar neighbourhood of the same name in Philadelphia.

It is in Fishtown that the trends Murray identifies as the most damaging over the past 50 years – family breakdown, loss of employment, crime and a loss of social capital – are felt and experienced. Its inhabitants have a set of values (albeit threadbare ones), an outlook and a way of life that are entirely at odds with those from Belmont. And it is between these two almost entirely distinct moral communities, that the new Culture Wars now appear to be being fought….

Collins: I was thinking about how, in Coming Apart, you explore how the elites seek to distance themselves from the working class. They eat so-called healthier foods, they have different child-rearing practices, and so on. Then, from afar, they preach their preferred ways to the working class, as if they know better. The elites may no longer preach traditional civic virtues, as you note in Coming Apart, but they are still preaching, in a way. Only now they’re preaching about health, parenting and other things.

Murray: They are preaching. They are legislating. They are creating policies. The elites (on both the right and the left) do not get excited about low-skill immigration. Let’s face it, if you are members of the elite, immigration provides you with cheap nannies, cheap lawn care, and so on. There are a variety of ways in which it is a case of ‘hey, it’s no skin off my back’ to have all of these new workers. The elites are promulgating policies for which they do not pay the price. That’s true of immigration, that’s true of education. When they support the teachers’ unions in all sorts of practices that are terrible for kids, they don’t pay that price. Either they send their kids to private schools, or they send their kids to schools in affluent suburbs in which they, the parents, really do have a lot of de facto influence over how the school is run.

So they don’t pay the price for policy after policy. Perhaps the most irritating to me – and here we are talking about preaching – is how they are constantly criticising the working class for being racist, for seeking to live in neighbourhoods in which whites are the majority. The elites live in zipcodes that are overwhelmingly white, with very few blacks and Latinos. The only significant minorities in elite zipcodes are East and South Asians. And, as the American sociologist Andrew Hacker has said, Asians are ‘honorary whites’. The integration that you have in elite neighbourhoods is only for the model minority, not for other minorities. That’s a kind of hypocrisy, to call working-class whites ‘racist’ for doing exactly the same thing that the elites do. It’s terrible.

The elites live in a bubble, which Murray explains in Coming Apart, and which I discuss in “Are You in the Bubble?” — I’m not — and “Bubbling Along.”

*     *     *

Meanwhile, in the climate war, there’s an interesting piece about scientists who got it right, but whose article was pulled because they used pseudonyms. In “Scientists Published Climate Research Under Fake Names. Then They Were Caught” we learn that

they had constructed a model, a mathematical argument, for calculating the average surface temperature of a rocky planet. Using just two factors — electromagnetic radiation beamed by the sun into the atmosphere and the atmospheric pressure at a planet’s surface — the scientists could predict a planet’s temperature. The physical principle, they said, was similar to the way that high-pressure air ignites fuel in a diesel engine.

If proved to be the case on Earth, the model would have dramatic implications: Our planet is warming, but the solar radiation and our atmosphere would be to blame, not us.

It seems to me that their real sin was contradicting the “settled science” of climatology.

Well, Francis Menton — author of “The ‘Science’ Underlying Climate Alarmism Turns Up Missing” — has something to say about that “settled science”:

In the list of President Obama’s favorite things to do, using government power to save the world from human-caused “climate change” has to rank at the top.  From the time of his nomination acceptance speech in June 2008 (“this was the moment when the rise of the oceans began to slow and our planet began to heal . . .”), through all of his State of the Union addresses, and right up to the present, he has never missed an opportunity to lecture us on how atmospheric warming from our sinful “greenhouse gas” emissions is the greatest crisis facing humanity….

But is there actually any scientific basis for this?  Supposedly, it’s to be found in a document uttered by EPA back in December 2009, known as the “Endangerment Finding.”  In said document, the geniuses at EPA purport to find that the emissions of “greenhouse gases” into the atmosphere are causing a danger to human health and welfare through the greenhouse warming mechanism.  But, you ask, is there any actual proof of that?  EPA’s answer (found in the Endangerment Finding) is the “Three Lines of Evidence”….

The news is that a major new work of research, from a large group of top scientists and mathematicians, asserts that EPA’s “lines of evidence,” and thus its Endangerment Finding, have been scientifically invalidated….

So the authors of this Report, operating without government or industry funding, compiled the best available atmospheric temperature time series from 13 independent sources (satellites, balloons, buoys, and surface records), and then backed out only ENSO (i.e., El Nino/La Nina) effects.  And with that data and that sole adjustment they found: no evidence of the so-called Tropical Hot Spot that is the key to EPA’s claimed “basic physical understanding” of the claimed atmospheric greenhouse warming model, plus no statistically significant atmospheric warming at all to be explained.

What an amazing non-coincidence. That’s exactly what I found when I looked at the temperature record for Austin, Texas, since the late 1960s, when AGW was supposedly making life miserable for the planet. See “AGW in Austin? (II)” and the list of related readings and posts at the bottom. See also “Is Science Self Correcting?” (answer: no).

*     *     *

REVISED 11/18/16

Ten years ago, I posted “An Immigration Roundup,” a collection of 13 posts dated March 29 through September 22, 2006. The bottom line: to encourage and allow rampant illegal immigration borders on social and economic suicide. I remain a hardliner because of the higher crime rate among Hispanics (“Immigration and Crime“), and because of Steven Camarota’s “So What Is the Fiscal and Economic Impact of Immigration?“:

The National Academies of Sciences, Engineering, and Medicine have just released what can fairly be described as the most comprehensive look at the economic and fiscal impact of immigration on the United States. It represents an update of sorts of a similar NAS study released in 1997, in the middle of an earlier immigration debate. Overall the report is quite balanced, with a lot of interesting findings….
The most straightforward part of the study is its assemblage of estimates of the current fiscal impact of immigrants. The study shows that immigrants (legal and illegal) do not come close to paying enough in taxes to cover their consumption of public services at the present time. The NAS present eight different scenarios based on different assumptions about the current fiscal impact of immigrants and their dependent children — and every scenario is negative. No matter what assumption the NAS makes, immigrants use more in public services than they pay in taxes. The largest net drain they report is $299 billion a year. It should be pointed out that native-born American are also shown to be a net fiscal drain, mainly because of the federal budget deficit — Washington gives out a lot more than it takes in. But the fiscal drain created by immigrants is disproportionately large relative to the size of their population. Equally important, a fiscal drain caused by natives may be unavoidable. Adding more immigrants who create a fiscal drain, on the other hand, can be avoided with a different immigration policy….
With regard to economics — jobs and wages — the results in the NAS study, based on the standard economic model, show that immigration does make the U.S economy larger by adding workers and population. But a larger economy is not necessarily a benefit to natives. The report estimates that the actual benefit to the native-born could be $54.2 billion a year — referred to as the “immigrant surplus.” This is the benefit that accrues to American businesses because immigration increases the supply of workers and reduces American wages. Several points need to be made about this estimate. First, to generate this surplus, immigration has to create a very large redistribution of income from workers to owners of capital. The model works this way: Immigration reduces the wages of natives in competition with immigrant workers by $493.9 billion annually, but it increases the income of businesses by $548.1 billion, for a net gain of $54.2 billion. Unfortunately, the NAS does not report this large income redistribution, though it provides all the information necessary to calculate it. A second key point about this economic gain is that, relative to the income of natives, the benefit is very small, representing a “0.31 percent overall increase in income” for native-born Americans.
Third, the report also summarizes empirical studies that have tried to measure directly the impact of immigration on the wages of natives (the analysis above being based on economic theory rather than direct measurement). The size of the wage impact in those empirical studies is similar to that shown above. The NAS report cites over a dozen studies indicating that immigration does reduce wages primarily for the least-educated and poorest Americans. It must be pointed out, however, that there remains some debate among economists about immigration’s wage impact. The fourth and perhaps most important point about the “immigrant surplus” is that it is eaten up by the drain on the public fisc. For example, the average of all eight fiscal scenarios is a net drain (taxes minus services) of $83 billion a year at the present time, a good deal larger than the $54.2 billion immigrant surplus.

There’s much more, but that’s enough for me. Build that wall!

*     *     *

It’s also time to revisit the question of crime. Heather Mac Donald says “Yes, the Ferguson Effect Is Real,” and Paul Mirengoff shows that “Violent Crime Jumped in 2015.” I got to the root of the problem in “Crime Revisited,” to which I’ve added “Amen to That” and “Double Amen.”

What’s the root of the problem? A certain, violence-prone racial minority, of course, and also under-incarceration. Follow all of the links in the preceding paragraph, and read and weep.

Double Amen

Paul Mirengoff of Power Line reports:

Cathy Lanier is leaving her job as police chief of Washington, D.C. to become the NFL’s head of security. . . .

On her way out, Lanier had some harsh things to say about criminal justice in D.C. “The criminal justice system in this city is broken,” Lanier told the Washington Post. Indeed, “it is beyond broken.”

Often, it’s the left that calls the criminal justice system “broken.” But Lanier was not offering a leftist critique. Instead, she found the system broken primarily because it allows repeat violent offenders back on the street time after time.

Lanier cited the case of an 18 year-old man who last week was on home detention when his GPS tracking device became inoperable. The man then went on a crime rampage that started in Maryland and ended in the District. His crimes included a robbery, a shooting, and a car theft that resulted in a crash that left a bystander critically injured.

According to Lanier, this sort of thing is “happening over and over and over again.” She added:

Where the hell is the outrage? . . . People are being victimized who shouldn’t be. You can’t police the city if the rest of the justice system is not accountable.

Actually, there’s plenty of outrage. Unfortunately, much of it is directed towards the alleged over-incarceration of young black males.

In “Amen to That,” I quoted an earlier post by Mirengoff on the same subject, namely, under-incarceration:

I’ve argued that America has an under-incarceration problem. Criminals whose records clearly show they should be in jail have, instead, been released and are on the streets committing violent crimes, including some very bloody, high-profile ones.

Here’s another example. Samuel Harviley, paroled from prison less than three months ago, is being held without bond for shooting an off-duty Chicago police officer outside his home earlier this week. In withholding bond, the local judge said that Harviley “poses an extreme danger to the rest of us out in public.”

Indeed, he does. And he did three months ago when he was released early from jail. . . .

Sentencing reform is, indeed, called for. The system should be reformed so that criminals like Harviley don’t get out of prison after serving less than their half of their sentence. As Chicago Patrol Chief Eddie Johnson says, the Harviley shooting illustrates that the criminal justice system “is broken.” He added:

Until we get real criminal justice reform, the cycle will continue. We have the laws here. We just need to make sure that these criminals are held accountable for their actions.

What a quaint notion.

None of this is news to me. See, for example, “Crime Explained” (fifth item) at this post. The bottom line:

Incarceration has a strong, statistically significant, negative effect on the violent-property crime rate. In other words, more prisoners = less crime against persons and their property.

Double amen.

[See also Paul Mirengoff’s “Our Under-Incarceration Problem, Charlotte Edition.”)

The Opposition and Crime

Heather Mac Donald reacts to

Obama’s extraordinary statement last week alleging systemic racism in American law enforcement. He was speaking in the aftermath of two highly publicized fatal police shootings. Viral video captured the shooting of Alton Sterling in Baton Rouge, La., as officers attempted to disarm him, and the aftermath of the shooting of Philando Castile during a car stop outside St. Paul, Minn.

Those shootings look horribly unjustified based on the videos alone; but information may emerge to explain the officers’ belief that the victims were reaching for a gun.

A few hours after…Obama made his remarks, the Dallas gunman assassinated five police officers, in a rampage that police officials later reported was driven by hatred of white officers and white people generally.

…Obama’s statement undoubtedly had no causal relationship to the Dallas slaughter. But it certainly added to the record of distortion and falsehood that has stoked widespread animus toward the police.

It bears repeating: Unjustified shootings by police officers are an aberration, not the norm, and there is no evidence that racism drives police actions.

Every year, officers confront tens of thousands of armed felons without using lethal force. According to the Washington Post, police officers fatally shot 987 people in the U.S. last year; the overwhelming majority were armed or threatening deadly force.

Blacks made up a lower percentage of those police-shooting victims—26%—than would be predicted by the higher black involvement in violent crime. Whites made up 50% of police shooting victims, but you would never know it from media coverage. Note also that police officers face an 18.5 times greater chance of being killed by a black male than an unarmed black male has of being killed by a police officer.

Indifferent to these facts, …Obama on Thursday, referring to the police killings in Baton Rouge and St. Paul, said: “[T]hese are not isolated incidents. They’re symptomatic of a broader set of racial disparities that exist in our criminal justice system.” He made another sweeping allegation of law-enforcement racism, saying that there “are problems across our criminal justice system, there are biases—some conscious and unconscious—that have to be rooted out.” And he claimed that higher rates of arrests and stops among blacks reflect police discrimination; naturally, Mr. Obama remained silent about blacks’ far higher rates of crime.

Such corrosive rhetoric about the nation’s police officers and criminal-justice system is unsettling coming from the president of the United States, but it reflects how thoroughly the misinformation propagated by Black Lives Matter and the media has taken hold. Last month Supreme Court Justice Sonia Sotomayor, dissenting in a case about police searches, wrote that blacks are “routinely targeted” by law enforcement, adding that “Until their voices matter, too, our justice system will continue to be anything but.”

Hillary Clinton has also taken up this warped cause. On CNN Friday, she decried “systemic” and “implicit bias” in police departments. She also called on “white people” to better understand blacks “who fear every time their children go somewhere.”

Mrs. Clinton ought to take a look at Chicago. Through July 9, 2,090 people have been shot this year, including a 3-year-old boy shot on Father’s Day who will be paralyzed for life, an 11-year-old boy wounded on the Fourth of July, and a 4-year-old boy wounded last week. How many of the 2,090 victims in Chicago were shot by cops? Nine.

Meanwhile, Donald Trump emphasized “law and order” in a video released Friday, saying: “We must stand in solidarity with law enforcement, which we must remember is the force between civilization and total chaos.”

Given the nightmarish events of the past several days, Mr. Trump could do worse than making this presidential campaign one about that line between civilization and anarchy.

I am about to recant my opposition to Trump. Recent events remind me why the election of another Democrat to the presidency would be a deep disaster for the country. For one thing — but far from the only thing — Democrats have a penchant for seeing criminals and terrorists as victims, not as the enemies that they are.

As I wrote more than ten years ago, in the context of terrorism,

[w]e had better get used to that idea that war is the answer, and see to it that adequate force is used, sooner rather than later. Those who would use force against us will heed only force. Whether, in defeat, they will respect us or “merely” fear us is irrelevant. We are not engaged in a popularity contest, we are engaged in a clash of civilizations, which Norman Podhoretz rightly calls World War IV.

On our present political course, however, we will suffer grave losses before we get serious about winning that war. The Left (or the Opposition, as I now call it), seems insensitive to the danger that faces us.

And so it is with crime. The Opposition is just as feckless about law and order as it is about terrorism.

*      *      *

Related posts:
Black Terrorists and “White Flight”
Free Will, Crime, and Punishment
Race and Reason: The Achievement Gap — Causes and Implications
Left-Libertarians, Obama, and the Zimmerman Case
“Conversing” about Race
Stop, Frisk, and Save Lives
The Barbarians Within and the State of the Union
Evolution and Race
Presidential Treason
“Wading” into Race, Culture, and IQ
Round Up the Usual Suspects
Poverty, Crime, and Big Government
Crime Revisited
A Cop-Free World?
Amen to That

Amen to That

Paul Mirengoff offers “More Evidence of Our Under-Incarceration Problem“:

I’ve argued that America has an under-incarceration problem. Criminals whose records clearly show they should be in jail have, instead, been released and are on the streets committing violent crimes, including some very bloody, high-profile ones.

Here’s another example. Samuel Harviley, paroled from prison less than three months ago, is being held without bond for shooting an off-duty Chicago police officer outside his home earlier this week. In withholding bond, the local judge said that Harviley “poses an extreme danger to the rest of us out in public.”

Indeed, he does. And he did three months ago when he was released early from jail….

Sentencing reform is, indeed, called for. The system should be reformed so that criminals like Harviley don’t get out of prison after serving less than their half of their sentence. As Chicago Patrol Chief Eddie Johnson says, the Harviley shooting illustrates that the criminal justice system “is broken.” He added:

Until we get real criminal justice reform, the cycle will continue. We have the laws here. We just need to make sure that these criminals are held accountable for their actions.

What a quaint notion.

None of this is news to me. See, for example, “Crime Explained” (fifth item) at this post. The bottom line:

Incarceration has a strong, statistically significant, negative effect on the violent-property crime rate. In other words, more prisoners = less crime against persons and their property.

Immigration and Crime

UPDATED 11/18/16

Some all-out “open the floodgates” champions of unfettered immigration have averred that a further influx of Central Americans won’t raise the rate of crime in the United States. (I can’t cite sources, but I’m sure that I’ve read such pronouncements in the pseudo-libertarian sector of the blogosphere.) I’ve even been guilty of giving aid and comfort to the pseudo-libertarian position by posting “Hispanics and Crime,” wherein I cite the work of La Griffe du Lion.

Griffe (if I may be familiar) says this in “Crime and the Hispanic Effect“:

It has been conjectured that the contribution of Hispanics to violent crime is on the point of advancing to the standing enjoyed by blacks. This, however, is not confirmed by our evidence, at least in our largest cities. Whoever thinks or has thought this to be so has come to this determination from evidence not directly related to what is happening on the street, but rather from incarceration records, court appearances or sentencing data. When crimes rather than criminals are counted, and the Hispanic effect is appropriately removed, the data show that violent crime rates for Hispanics and non-Hispanic whites, though a bit higher for Hispanics, are in actual fact quite similar. As for blacks, their crime rate remains by any measure uniquely high.

And he has the numbers to prove it.

UPDATED BELOW — NEW NUMBERS, NEW CONCLUSIONS

For the sake of argument, I assume the following:

  • Whites and Hispanics already in the U.S. commit crimes at the same rate.
  • Hispanic immigrants (new ones, that is) are no more or less crime-prone than Hispanics already here.

It would seem to follow that Hispanic immigration hasn’t caused and won’t cause a rise in the rate at which crimes are committed in the U.S. But it ain’t necessarily so:

  1. Crime rates are computed for a given population, with a given density and demographic makeup. Immigration changes the density and demographic makeup of a population.
  2. If the rate of crime rises with the density of population, immigration will cause the rate of crime to rise, ceteris paribus.
  3. If immigration leads to more interactions between resentful whites and Hispanics — as it almost surely will — the rate of white-on-Hispanic crime will rise further.
  4. If immigration leads to more opportunities for Hispanics to attack whites because they’re white and to steal from more affluent persons (usually whites) — as it almost surely will — the rate of Hispanic-on-white crime will rise further.

My money’s on propositions 2, 3, and 4. Can anyone cite research pro or con?

Jared Taylor writes:

The Bureau of Justice Statistics (BJS) of the Department of Justice (DOJ) has released its annual “Crime in the US” report for 2015, and as has been widely noted, arrests for violent crime were up 3.7 percent over the previous year. Murder–up 11.8 percent–showed a sharper rise than at any time in the last 25 years. This rise in violent crime is a reversal of a steady, almost continuous decline since 1994….

…[S]ome agencies distinguished whites from Hispanics, but many just lumped Hispanics in with whites. The BJS reports the Hispanic/non-Hispanic information it gets from local agencies, but the information is so incomplete that most of the time it is impossible to calculate separate crime rates for whites and Hispanics. They have to be treated as a single group….

There are two groups–blacks and Asians–for whom BJS figures are clear and consistent. It is therefore possible to calculate accurate arrest rates for these groups and compare them to everyone else in the American population. The following table shows the multiples of arrest rates for blacks and Asians compared to non-blacks and non-Asians, respectively.

Black and Asian Multiples Compared to Non-Black and Non-Asian Offenders
Black Asian
Violent crime 3.7 0.26
Property crime 2.5 0.20

….

If we treat whites and Hispanics as a single group, we know that any individual black is 14 times more likely to kill a white or a Hispanic than the other way around. Again, the multiple would be higher if we were comparing blacks only to whites. We can also say with some confidence that a Hispanic is 2.7 times more likely than a white to kill a black person, and it appears that in this partial sample, more whites are killed by Hispanics (633) than by blacks (500). When a black is killed, 89.3 percent of killers are black. The BJS is mum on race in cases of murders involving multiple victims or killers.

The dramatic 11.8 percent rise in murders reported for 2015 has received a lot of attention, but is any particular racial group responsible for the increase? Both the BJS figures and press reports are silent on this question.

To arrive at the 11.8 percent increase, BJS–using data and estimates for the whole country and not simply passing on the partial data officially reported to it–says there were 15,192 murders in 2015, up from 13,594 in 2014. We can compare this increase to reported changes in the number of people of different races arrested for murder. BJS reported only 8,508 murder arrests for 2015. This low figure reflects not just that many murderers were not caught but also the limited reporting from police agencies that cover only 77.2 of the US population. But within this partial sample, there are race differences in the increase in arrests for murder. Compared to the total 2014 arrest figures, black arrests for 2015 were up by 123, Hispanic arrests by 62, “Others” (including American Indians and Pacific Islanders) by 54, and whites by only 39. Blacks therefore accounted for 44 percent of the increase from 2014 to 2015, Hispanics for 23 percent, and whites for only 14 percent. (These figures are based on BJS’s very partial reporting on Hispanics that certainly understates the number of Hispanic arrests for murder)….

A different calculation is possible based on BJS reports on race of murder offenders. Obviously the police don’t know the races of offenders they have not caught, and the proportion of “race unknown” rose from 29.7 percent in 2014 to 31.2 percent in 2015. For offenders whose race was known, the black increase was 447, as opposed a white increase of 221 and a Hispanic increase of 48. By this calculation as well, it is blacks–who were only 13.3 percent of the population–who accounted for the bulk of the rise in murders from 2014 to 2015.

There is an important BJS table that most people ignore. It is a supplemental table that lists arrests by race for criminals under the age of 18. This is one set of data for which the Hispanic/non-Hispanic data appear to be reliable, and the results are dramatic. The following table lists the multiple of the white arrest rate for blacks, Hispanics, and Asians for various crimes, along with the number of such crimes.

Multiples of White Arrest Rates for Offenders Under Age 18
Number Black X Hisp X Asian X
Violent crime 39,323 9.34 1.96 0.43
Property crime 160,234 4.28 1.11 0.41

….

Juveniles committed 601 murders, for example, and blacks were arrested for 361 of them, Hispanics for 118, and whites for only 116. When these figures are compared to the under-18 population (whites: 37.8 million, blacks: 9 million, Hispanics: 18.1 million, Asians: 3.5 million) black juveniles are arrested for murder at nearly 19 times the white rate, with Hispanics at 3.6 times the white rate. The arrest multiples for robbery are even more extreme: 35.8 times for blacks and 5 times for Hispanics. Whites were arrested for only 11.8 percent of the 14,142 robberies committed by juveniles in 2015….

Besides the serious deficiencies in federal crime data noted above, the 2015 National Crime Victimization Survey failed to report the data on the race of perpetrators. The NCVS survey of violent crime victims always asks for the race of the perpetrator, so the BJS has this information. However, since taking office, the Obama administration has almost never released it. Heather Mac Donald of the Manhattan Institute managed to get and publish the data for 2013, but the 2015 data are still locked up somewhere at DOJ.

Our analysis of the 2013 data found that of the 650,000 acts of violence involving blacks and whites, blacks were the attackers 85 percent of the time, which meant any given black was 27 times more likely to attack a white than the other way around. It is no doubt because of these dramatic race differences that Attorney General Loretta Lynch and her predecessor Eric Holder have refused to release these data. [“Murders Shot Up in 2015,” American Renaissance, November 18, 2016]

It would seem to follow that Hispanic immigration has caused and wILL cause a rise in the rate at which crimes are committed in the U.S. Moreover,

  1. Crime rates are computed for a given population, with a given density and demographic makeup. Immigration changes the density and demographic makeup of a population.
  2. If the rate of crime rises with the density of population, immigration will cause the rate of crime to rise, ceteris paribus.
  3. If immigration leads to more interactions between resentful whites and Hispanics — as it almost surely will — the rate of white-on-Hispanic crime will rise further.
  4. If immigration leads to more opportunities for Hispanics to attack whites because they’re white and to steal from more affluent persons (usually whites) — as it almost surely will — the rate of Hispanic-on-white crime will rise further.

 

A Cop-Free World?

Rolling Stone recently turned from rape fiction to nonsense of the kind on display in José Martín’s “Policing Is a Dirty Job, But Nobody’s Gotta Do It: 6 Ideas for a Cop-Free World” (December 16, 2014). Some excerpts and commentary (in bold):

  1. Unarmed mediation and intervention teams

Unarmed but trained people, often formerly violent offenders themselves, patrolling their neighborhoods to curb violence right where it starts. This is real and it exists in cities from Detroit to Los Angeles. Stop believing that police are heroes because they are the only ones willing to get in the way of knives or guns – so are the members of groups like Cure Violence, who were the subject of the 2012 documentary The Interrupters.

It’s real? Wonderful. How effective is it in Detroit, for example? Does it prevent all crime? If not, shouldn’t there also be neighborhood courts? (Yes, says Martin; see #3.) And shouldn’t those courts reflect neighborhood mores, which seem to condone a wide range of anti-social acts, like looting and burning? (And what does the straw man non sequitur about cops as heroes have to do with anything?)

  1. The decriminalization of almost every crime

What is considered criminal is something too often debated only in critical criminology seminars, and too rarely in the mainstream. Violent offenses count for a fraction of the 11 to 14 million arrests every year, and yet there is no real conversation about what constitutes a crime and what permits society to put a person in chains and a cage.

Well, there’s the answer to the problem of crime: Decree that here’s (almost) no such thing as crime. So, there’s really no need for neighborhood patrols, is there? All that’s required is a “conversation” about what constitutes crime. I thought that “conversation” took place several thousand years ago, when God spake to Moses. It also takes place in legislative chambers across the land. What Martin really wants isn’t a “conversation” about what constitutes a crime. Clearly, he wants a definition of crime that suits him. I doubt that his definition would include the theft of cigars from a convenience store.

  1. Restorative Justice

Also known as reparative or transformative justice, these models represent an alternative to courts and jails. From hippie communes to the IRA and anti-Apartheid South African guerrillas to even some U.S. cities like Philadelphia’s experiment with community courts, spaces are created where accountability is understood as a community issue and the entire community, along with the so-called perpetrator and the victim of a given offense, try to restore and even transform everyone in the process.

Yes, let’s “transform” thugs. What a great idea. Rehabilitative justice has such a wonderful track record — just ask the victims of real rapes, real muggings, real thefts, and real murders (oops, can’t ask them). And let’s “restore” property and lives that have been  “transformed” beyond restoration by the acts of violent criminals.

  1. Direct democracy at the community level

Reducing crime is not about social control. It’s not about cops, and it’s not a bait-and-switch with another callous institution. It’s giving people a sense of purpose. Communities that have tools to engage with each other about problems and disputes don’t have to consider what to do after anti-social behaviors are exhibited in the first place.

Reducing crime is about social control — the control that’s exerted through social norms that are taught and enforced in the home and in properly constituted courts of law, with the help of police and prosecutors. The real problem is that certain neighborhoods and communities fail to exert proper social control (in part because of family-destroying government policies), to the dismay of many persons in those neighborhoods and communities. And when local thugs run out of things and people to vandalize, steal, beat, rape, and murder in their neighborhoods and communities, it’s easy for them to take their act elsewhere. That’s one reason I want police in my neighborhood.
  1. Community patrols

This one is a wildcard. Community patrols can have dangerous racial overtones, from pogroms to the KKK to George Zimmerman. But they can also be an option that replaces police with affected community members when police are very obviously the criminals.

Let’s hope that the “affected community members” are armed, so they can defend themselves from thugs like Trayvon Martin and Michael Brown.

Who are the “obvious criminals” among the police? Darren Wilson, who shot Brown in self-defense? Daniel Pantaleo, who was attempting to arrest Eric Garner for breaking a law? Cops aren’t angels, but consider what they’re up against.

  1. Here’s a crazy one: mental health care

In 2012, Mayor Rahm Emanuel closed up the last trauma clinics in some of Chicago’s most violent neighborhoods. In New York, Rikers Island jails as many people with mental illnesses “as all 24 psychiatric hospitals in New York State combined,” which is reportedly 40% of the people jailed at Rikers. We have created a tremendous amount of mental illness, and in the real debt and austerity dystopia we’re living in, we have refused to treat each other for our physical and mental wounds.

Crazy, indeed. Who are the “we” who “have created a tremendous amount of mental illness [etc.]” and who “have refused to treat each other”? I can’t imagine any way in I am responsible for the culture of irresponsibility and violence that prevails in the kinds of “neighborhoods” and “communities” of which Martin writes. If anyone outside those neighborhoods and communities is responsible, it is do-gooders in government and their allies on the left, who have insisted on giving handouts without demanding work in return (handouts that have caused the breakage of countless families), and whose policies (e.g., the minimum wage, anti-business ordinances, anti-school choice) rob people of education, jobs, and the dignity that goes with them.
*     *     *
Martin writes in the usual truth-denying mode of leftism. The world is full of victims, especially victims of white power. The underlying causes of poverty, criminality, and familial dysfunctionality are ignored because they derive from a noxious compound of leftist policies and genetic and cultural heredity.
*     *     *
Related reading:
Fred Reed, “Real-Life Policing,” Fred on Everything, October 10, 2014
Chris Hernandez, “Ferguson, Idiot Cops, and Experts Who Know Nothing At All,” chrishernandezauthor, December 12, 2014
Fred Reed, “Solving the Police Problem,” Fred on Everything, December 31, 2014
Taki Theodoracopulos, “The Year of the Truth Camps,” Taki’s Magazine, January 3, 2015
Derek Cohen, “Ignore Rolling Stone’s Dangerously Naive Ideas about a Cop-Free World,” The Federalist, January 6, 2014
Aaron M. Renn, “Why Policing?,” City Journal, January 12, 2015
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Related posts:
The Left and Its Delusions
Are You in the Bubble?
Race and Reason: The Victims of Affirmative Action
Race and Reason: The Achievement Gap — Causes and Implications
“Conversing” about Race
Evolution and Race
“Wading” into Race, Culture, and IQ
Round Up the Usual Suspects
Evolution, Culture, and “Diversity”
Poverty, Crime, and Big Government
Ruminations on the Left in America
Crime Revisited

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Crime Revisited

I last took a comprehensive look at crime seven years ago. That analysis drew on statistics for 1960-2004. The results reported in this post are based on statistics for 1960-2009. The newer analysis doesn’t contradict the older one, but it does add some explanatory power.

Cutting to the chase, the following equation explains the rate of violent and property crimes (VPC) as a function of:

BLK — the number of blacks as a decimal fraction of the population

GRO — the change in the rate of growth of real GDP per capita in the previous year, where the rate is expressed as a decimal fraction

PSQ — the square of the decimal fraction representing the proportion of the population in federal and State prisons

ORA — the number of persons of other races (not black or white) as a decimal fraction of the population.

The equation is highly significant (F = 1.44179E-31), as are the intercept and the coefficients (p-values in parentheses):

VPC =

– 333768 (3.30579E-28)

+ 339535 BLK (1.06615E-29)

– 6133 GRO (0.00065)

-174136761 PSQ (1.00729E-15)

– 27614 ORA (0.0018)

(Values are rounded to the nearest whole number. The adjusted r-squared is 0.96, and the standard error of the estimate is 5.3 percent of the mean value of VPC.)

Here are the actual and estimated values of VPC:

Crime rates (actual vs estimated)_2014

I’m satisfied with the equation, including the negative sign on the coefficient of ORA, which mainly represents Hispanics and Asians. But I will reassess the equation if the difference between actual and estimated VPC continues to diverge after 2007, when they were almost identical.

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Related reading: Greg Allmain, “Another Study Links Violence to the Presence of Specific Genes,” Theden, November 11, 2014

Related posts:
Lock ‘Em Up
Estimating the Rahn Curve: Or, How Government Spending Inhibits Economic Growth
Race and Reason: The Achievement Gap — Causes and Implications
Hispanics and Crime
“Conversing” about Race
Evolution and Race
“Wading” into Race, Culture, and IQ
Poverty, Crime, and Big Government

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Not-So-Random Thoughts (XI)

Links to the other posts in this occasional series may be found at “Favorite Posts,” just below the list of topics.

Steve Stewart-Williams asks “Did Morality Evolve?” (The Nature-Nurture-Neitzsche Blog, May 2, 2010). His answer:

[T]here are at least two reasons to think morality bears the imprint of our evolutionary history. The first comes from observations of a class of individuals that psychologists all too often ignore: other animals. Nonhuman animals obviously don’t reason explicitly about right and wrong, but they do exhibit some aspects of human morality. Rather than being locked into an eternal war of all-against-all, many animals display tendencies that we count among our most noble: They cooperate; they help one another; they share resources; they love their offspring. For those who doubt that human morality has evolutionary underpinnings, the existence of these ‘noble’ traits in other animals poses a serious challenge….

…A second [reason] is that, not only do we know that these kinds of behaviour are part of the standard behavioural repertoire of humans in all culture and of other animals, we now have a pretty impressive arsenal of theories explaining how such behaviour evolved. Kin selection theory explains why many animals – humans included – are more altruistic toward kin than non-kin: Kin are more likely than chance to share any genes contributing to this nepotistic tendency. Reciprocal altruism theory explains how altruism can evolve even among non-relatives: Helping others can benefit the helper, as long as there’s a sufficient probability that the help will be reciprocated and as long as people avoid helping those who don’t return the favour. Another promising theory is that altruism is a costly display of fitness, which makes the altruist more attractive as a mate or ally. Overall, the evolutionary explanation of altruism represents one of the real success stories of the evolutionary approach to psychology.

Though I’m disinclined to use the term “altruism,” it’s useful shorthand for the kinds of behavior that seems selfless. In any event, I am sympathetic to Stewart-Williams’s view of morality as evolutionary. Morality is at least a learned and culturally-transmitted phenomenon, which manifests itself globally in the Golden Rule.

*     *     *

Pierre Lemieux decries “The Vacuity of the Political ‘We’” (The Library of Economics and Liberty, October 6, 2014):

One can barely read a newspaper or listen to a politician’s speech without hearing the standard “we as a society” or its derivatives….

The truth is that this collective “we” has no scientific meaning.

In the history of economic thought, two main strands of analysis support this conclusion. One was meant to criticize economists’ use of “social indifference curves” (also called “community indifference curves”), which generally appeared in the welfare analysis of international trade between personalized trading countries. Countries were personalized in the sense that they were assumed to have preferences, just as an individual does. In a famous 1956 article, Paul Samuelson definitively demonstrated that such social indifference curves, analogous to individual indifference curves, do not exist….

A second strand of analysis leads to a similar but more general conclusion. The problem has come to be known as the “preference aggregation” issue: how can we aggregate—”add up” as it were—individual preferences? Can we fuse them into social preferences—a “social welfare function”—that would equally represent all individuals? This second tradition of analysis follows a long and broken line of theorists. The Marquis de Condorcet in the 18th century, Charles Dodgson (a.k.a. Lewis Carroll) in the 19th, and economist Duncan Black in the 20th all discovered independently that majority voting does not provide an acceptable aggregation mechanism.

I’ve discussed the vacuity of the political “we” and the “social welfare function” in many posts; most recently this one, where I make these two points:

1. It is a logical and factual error to apply the collective “we” to Americans, except when referring generally to the citizens of the United States. Other instances of “we” (e.g., “we” won World War II, “we” elected Barack Obama) are fatuous and presumptuous. In the first instance, only a small fraction of Americans still living had a hand in the winning of World War II. In the second instance, Barack Obama was elected by amassing the votes of fewer than 25 percent of the number of Americans living in 2008 and 2012. “We the People” — that stirring phrase from the Constitution’s preamble — was never more hollow than it is today.

2. Further, the logical and factual error supports the unwarranted view that the growth of government somehow reflects a “national will” or consensus of Americans. Thus, appearances to the contrary (e.g., the adoption and expansion of national “social insurance” schemes, the proliferation of cabinet departments, the growth of the administrative state) a sizable fraction of Americans (perhaps a majority) did not want government to grow to its present size and degree of intrusiveness. And a sizable fraction (perhaps a majority) would still prefer that it shrink in both dimensions. In fact, The growth of government is an artifact of formal and informal arrangements that, in effect, flout the wishes of many (most?) Americans. The growth of government was not and is not the will of “we Americans,” “Americans on the whole,” “Americans in the aggregate,” or any other mythical consensus.

*     *     *

I’m pleased to note that there are still some enlightened souls like David Mulhhausen, who writes about “How the Death Penalty Saves Lives” (September 30, 2014) , at the website of The Heritage Foundation. Muhlhausen cites several studies in support of his position. I’ve treated crime and punishment many times; for example:

Does Capital Punishment Deter Homicide?
Libertarian Twaddle about the Death Penalty
Crime and Punishment
Saving the Innocent?
Saving the Innocent?: Part II
More Punishment Means Less Crime
More About Crime and Punishment
More Punishment Means Less Crime: A Footnote
Let the Punishment Fit the Crime
Another Argument for the Death Penalty
Less Punishment Means More Crime
Crime, Explained
Clear Thinking about the Death Penalty
What Is Justice?
Saving the Innocent
Why Stop at the Death Penalty?
Lock ‘Em Up
Free Will, Crime, and Punishment
Left-Libertarians, Obama, and the Zimmerman Case
Stop, Frisk, and Save Lives
Poverty, Crime, and Big Governmen

The numbers are there to support strict punishment, up to and including capital punishment. But even if the numbers weren’t conclusive, I’d be swayed by John McAdams, a professor of political science at Marquette University, who makes a succinct case for the death penalty, regardless of its deterrent effect:

I’m a bit surprised . . . [by the] claim that “the burden of empirical proof would seem to lie with the pro-death penalty scholar.” If we execute murderers and there is in fact no deterrent effect, we have killed a bunch of murderers. If we fail to execute murderers, and doing so would in fact have deterred other murders, we have allowed the killing of a bunch of innocent victims. I would much rather risk the former. This, to me, is not a tough call.

The same goes for fraudsters, thieves, rapists, and other transgressors against morality.

*     *     *

Walter E. Williams asks “Will the West Defend Itself?” (creators.com, October 1, 2014):

A debate about whether Islam is a religion of peace or not is entirely irrelevant to the threat to the West posed by ISIL, al-Qaida and other Middle Eastern terrorist groups. I would like to gather a news conference with our Army’s chief of staff, Gen. Raymond T. Odierno; Marines’ commandant, Gen. Joseph Dunford; chief of naval operations, Adm. Jonathan W. Greenert; and Gen. Mark A. Welsh, the U.S. Air Force’s chief of staff. This would be my question to them: The best intelligence puts ISIL’s size at 35,000 to 40,000 people. Do you officers think that the combined efforts of our military forces could defeat and lay waste to ISIL? Before they had a chance to answer, I’d add: Do you think the combined military forces of NATO and the U.S. could defeat and eliminate ISIL. Depending on the answers given, I’d then ask whether these forces could also eliminate Iran’s capability of making nuclear weapons.

My question to my fellow Americans is: What do you think their answers would be? No beating around the bush: Does the U.S. have the power to defeat the ISIL/al-Qaida threat and stop Iran’s nuclear ambitions — yes or no?

If our military tells us that we do have the capacity to defeat the terror threat, then the reason that we don’t reflects a lack of willingness. It’s that same lack of willingness that led to the deaths of 60 million people during World War II. In 1936, France alone could have stopped Adolf Hitler, but France and its allies knowingly allowed Hitler to rearm, in violation of treaties. When Europeans finally woke up to Hitler’s agenda, it was too late. Their nations were conquered. One of the most horrible acts of Nazi Germany was the Holocaust, which cost an estimated 11 million lives. Those innocents lost their lives because of the unwillingness of Europeans to protect themselves against tyranny.

Westerners getting the backbone to defend ourselves from terrorists may have to await a deadly attack on our homeland. You say, “What do you mean, Williams?” America’s liberals have given terrorists an open invitation to penetrate our country through our unprotected southern border. Terrorists can easily come in with dirty bombs to make one of our major cities uninhabitable through radiation. They could just as easily plant chemical or biological weapons in our cities. If they did any of these acts — leading to the deaths of millions of Americans — I wonder whether our liberal Democratic politicians would be able to respond or they would continue to mouth that “Islam teaches peace” and “Islam is a religion of peace.”

Unfortunately for our nation’s future and that of the world, we see giving handouts as the most important function of government rather than its most basic function: defending us from barbarians.

Exactly. The title of my post, “A Grand Strategy for the United States,” is a play on Strategy for the  West (1954), by Marshall of the Royal Air Force Sir John Cotesworth Slessor. Slessor was, by some accounts, a principal author of nuclear deterrence. Aside from his role in the development of a strategy for keeping the USSR at bay, Slessor is perhaps best known for this observation:

It is customary in democratic countries to deplore expenditure on armaments as conflicting with the requirements of the social services. There is a tendency to forget that the most important social service that a government can do for its people is to keep them alive and free. (Strategy for the West, p. 75)

Doctrinaire libertarians seem unable to grasp this. Like “liberals,” they tend to reject the notion of a strong defense because they are repelled by the “tribalism” represented by state sovereignty. One such doctrinaire libertarian is Don Boudreaux, who — like Walter E. Williams — teaches economics at George Mason University.

A post by Boudreaux at his blog Cafe Hayek caused me to write “Liberalism and Sovereignty,” where I say this:

Boudreaux … states a (truly) liberal value, namely, that respect for others should not depend on where they happen to live. Boudreaux embellishes that theme in the the next several paragraphs of his post; for example:

[L]iberalism rejects the notion that there is anything much special or compelling about political relationships.  It is tribalistic, atavistic, to regard those who look more like you to be more worthy of your regard than are those who look less like you.  It is tribalistic, atavistic, to regard those who speak your native tongue to be more worthy of your affection and concern than are those whose native tongues differ from yours.

For the true liberal, the human race is the human race.  The struggle is to cast off as much as possible primitive sentiments about “us” being different from “them.”

The problem with such sentiments — correct as they may be — is the implication that we have nothing more to fear from people of foreign lands than we have to fear from our own friends and neighbors. Yet, as Boudreaux himself acknowledges,

[t]he liberal is fully aware that such sentiments [about “us” being different from “them”] are rooted in humans’ evolved psychology, and so are not easily cast off.  But the liberal does his or her best to rise above those atavistic sentiments,

Yes, the liberal does strive to rise above such sentiments, but not everyone else makes the same effort, as Boudreaux admits. Therein lies the problem.

Americans — as a mostly undifferentiated mass — are disdained and hated by many foreigners (and by many an American “liberal”). The disdain and hatred arise from a variety of imperatives, ranging from pseudo-intellectual snobbery to nationalistic rivalry to anti-Western fanaticism. When those imperative lead to aggression (threatened or actual), that aggression is aimed at all of us: liberal, “liberal,” conservative, libertarian, bellicose, pacifistic, rational, and irrational.

Having grasped that reality, the Framers “did ordain and establish” the Constitution “in Order to . . . provide for the common defence” (among other things). That is to say, the Framers recognized the importance of establishing the United States as a sovereign state for limited and specified purposes, while preserving the sovereignty of its constituent States and their inhabitants for all other purposes.

If Americans do not mutually defend themselves through the sovereign state which was established for that purpose, who will? That is the question which liberals (both true and false) often fail to ask. Instead, they tend to propound internationalism for its own sake. It is a mindless internationalism, one that often disdains America’s sovereignty, and the defense thereof.

Mindless internationalism equates sovereignty with  jingoism, protectionism, militarism, and other deplorable “isms.” It ignores or denies the hard reality that Americans and their legitimate overseas interests are threatened by nationalistic rivalries and anti-Western fanaticism.

In the real world of powerful rivals and determined, resourceful fanatics, the benefits afforded Americans by our (somewhat eroded) constitutional contract — most notably the enjoyment of civil liberties, the blessings of  free markets and free trade, and the protections of a common defense — are inseparable from and dependent upon the sovereign power of the United States.  To cede that sovereignty for the sake of mindless internationalism is to risk the complete loss of the benefits promised by the Constitution.

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Stop, Frisk, and Save Lives

The next time I read about “racial” profiling I may punch my monitor. It isn’t “racial” profiling it’s “probability of committing a crime” profiling. But don’t tell that to Shira Scheindlin, a United States District Court Judge for the Southern District of New York.

Scheindlin, as most readers will know, is the judge who recently found New York City’s stop-and-frisk program to be unconstitutional, ordered immediate changes to the program, and called for a monitor to supervise related reforms. The judge’s ruling has been reinforced by New York’s City Council:

The nation’s biggest police department will get a new watchdog and face easier standards for people to file profiling lawsuits against it after the City Council on Thursday overrode mayoral vetoes amid applause from supporters and angry warnings from opponents.

The measures mark the most aggressive legislative effort in years to put new checks on the New York Police Department, and the vote came less than two weeks after [Judge Shira Scheindlin] imposed new oversight of her own….

The legislation drew national attention from civil rights groups and a vehement response from Mayor Michael Bloomberg, who slapped it down earlier this summer. He said Thursday it will make it “harder for our police officers to protect New Yorkers and continue to drive down crime.”

“Make no mistake: The communities that will feel the most negative impacts of these bills will be minority communities across our city, which have been the greatest beneficiaries of New York City’s historic crime reductions,” he said in a statement….

Earlier this month, U.S. District Court Judge Shira Scheindlin appointed an outside monitor to reform stop and frisk, a practice she said the police department had used in a way that violated the rights of hundreds of thousands of black and Hispanic men. The city is appealing….

Opponents said the measures would lower police morale but not crime, waste money and not solve a broader problem of a police force under pressure after shrinking by thousands of officers during the last decade.

“These bills are downright dangerous,” Councilman Eric Ulrich said.

My view, precisely. And it is the view of William L. Gensler, writing at American Thinker:

In 2012, 74% of shooting victims in New York City were black, as were 75% of those arrested for these shootings. Blacks also comprised 73% of all firearm arrests. They were also the victim 38% of the time, and the arrestee in 48% of all rapes.

60% of murder victims were black, as were 51% of those arrested for murder. Blacks were the victim of 32% of all robberies and were the arrestee 62% of the time. 52% of those arrested for felonious assault were black. They were also 48% of the victims. They encompassed 52% of those arrested for grand larceny, which is the theft of property with a value in excess of one thousand dollars.

45% of felony drug arrests were black as were 50% of misdemeanor drug arrests. 52% of those arrested for felony possession of stolen property were black as were 47% of those arrested for misdemeanor possession of stolen property.

66% of the suspects of violent crime were black and 55% of those stopped and frisked were also black. This last part is the statistic Mayor Bloomberg was referring to when he claimed the program didn’t stop enough minorities.

In 2009, the esteemed Walter Williams estimated that in America as a whole, there are somewhere around 7,000 blacks murdered each year, and in 94% of those murders, the person doing the murdering was also black. The Wall Street Journal presents data supporting the 94% figure.

Between 2000 and 2010 in all states except Florida, there were 165,068 murders. 78,521 of those murdered were black. 68,531 of the killers were also black. This means that in the first decade of the twenty first century, around 41.5% of all murders in America were committed by blacks (assuming Florida’s numbers were similar) and 47.5% of the victims were also black….

In 1990 there were 2,245 murders in New York City — in 1991 there were 2,154….

There were 419 murders in New York City in 2012. This dramatic improvement from more than 2,200 killings in 1990 to a little over 400 in 2012 was the result of “Stop and Frisk.”

The program has been successful in removing the illegal weapon from the calculus of crime and saved thousands of lives. Michael Bloomberg authoritatively states that more 8,000 guns and 80,000 other weapons were taken off the street during his 2 ½ terms as NYC Mayor. He also estimates that more than 7,300 people are alive today who wouldn’t be, if not for “Stop and Frisk.” Ray Kelly, the New York City Police Commissioner agrees, putting the lives saved at 7.383.

I never liked Mayor Bloomberg, and rarely agree with him. But, he is right on “Stop and Frisk.”

On this issue, Bloomberg is a “stopped clock” — uncharacteristically right.

If you want less crime, you have to lock up criminals. In order to lock up criminals, you have to identify them.

*****

Cross-posted at Blogger News Network.

*****

Related posts:
Does Capital Punishment Deter Homicide?
Libertarian Twaddle about the Death Penalty
Crime and Punishment
Abortion and Crime
Saving the Innocent?
Saving the Innocent?: Part II
More on Abortion and Crime
More Punishment Means Less Crime
More About Crime and Punishment
More Punishment Means Less Crime: A Footnote
Clear Thinking about the Death Penalty
Let the Punishment Fit the Crime
Another Argument for the Death Penalty
Less Punishment Means More Crime
Crime, Explained
Abortion and Crime (from a different angle than the earlier post of the same name)
Lock ‘Em Up

Free Will, Crime, and Punishment

Humans often are confronted with situations that they could not and did not foresee in detail, even if those situations were anticipated in outline. Consider aerial combat (dogfighting), before the age of air-to-air missiles.

The enemy pilot (Red) comes “out of the sun,” as he is trained to do, and as the friendly pilot (Blue) is trained to anticipate. Blue, upon seeing his adversary, must decide in an instant how to evade Red — if it is not too late to do so. Assume that Blue survives the crucial early moments of his encounter with Red. Blue’s decision about what to do next (probably) will accord with his training; that is, he will choose one of the maneuvers that he was trained in, though he may not execute it in “textbook” style. But the maneuver that he chooses, and how he specifically executes it, will depend on his (very rapid) assessment of the environment (e.g., the enemy’s rate and angle of closure, altitude, presence of clouds, topography), the condition of his aircraft and its armament (e.g., maneuverability, climb rate, ability to withstand the stress of a violent maneuver, accuracy of the machine gun, number of rounds in the magazine, amount of fuel in the tank), and his own confidence in his ability to do what he “should” do, given his necessarily imperfect assessment of the situation, his options, and his ability to exercise each of them.

The key word in all of that is “judgment.” Regardless of Blue’s genetic and behaviorial inheritance, he is in a life-or-death situation, and his goal — unless he is suicidal — is to get out of it alive. More than that, he wants to elude Red’s initial onslaught so that he can kill Red. Blue therefore assesses his options with those goals in mind, overriding whatever “instincts” might lead him to panic or choose an inappropriate option, given the specific circumstances of his encounter with Red.

Similarly, but less dramatically, humans (in the Western world, at least) make judgments about how they should act so that they can  have enough money to buy a house, be healthy, maintain a stable and happy family life, retire comfortably, and so on.  The judgments — and the behavior that follows from them — may not “come naturally”: saving instead of squandering, drinking moderately instead of heavily, remaining faithful to one’s spouse, and so on.

Thus I have no doubt that I — and most humans — can (and do) act deliberately in ways that are not strictly determined by genetic inheritance, behavioral conditioning, the moon’s cycle, the position of the stars, or any such influence. (It does seem to me that determinism has a lot in common with astrology.) Determinists bear the burden of proving that freely chosen, purposive behavior is an illusion.

Some determinists hew to their faith because it allows them to view criminals as automata who are not responsible for their actions and, therefore, undeserving of punishment. Illogically, these criminal-coddling determinists usually favor “rehabilitation” over punishment. That position is illogical because:

  • If there is free will, punishment can deter wrong-doing and keep wrong-doers out of circulation (for a while, at least). Rehabilitation will work only in those unusual cases where criminals are able to transform themselves, so that their judgments no longer have anti-social consequences.
  • If free will is lacking (either generally or for persons with certain disorders of the brain), rehabilitation is impossible because criminals are “destined” to commit anti-social acts. But punishment (incarceration or execution) will keep them from committing such acts (temporarily or permanently).

Related reading: “Is Free Will an Illusion?” (a virtual colloquium at The Chronicle of Higher Education)

Related posts:
Does Capital Punishment Deter Homicide?
Libertarian Twaddle about the Death Penalty
Crime and Punishment
Abortion and Crime
Saving the Innocent?
Saving the Innocent?: Part II
More on Abortion and Crime
More Punishment Means Less Crime
More About Crime and Punishment
More Punishment Means Less Crime: A Footnote
Clear Thinking about the Death Penalty
Let the Punishment Fit the Crime
Another Argument for the Death Penalty
Less Punishment Means More Crime
Crime, Explained
Abortion and Crime (from a different angle than the earlier post of the same name)
Lock ‘Em Up
Legislating Morality
Legislating Morality (II)

Legislating Morality (II)

Donald Boudreaux is co-proprietor of Cafe Hayek. I agree with him on almost everything (defense being the notable exception), but I can’t swallow this:

Too bad that too few people realize – as does the Rev. Robertson today [regarding marijuana], and as did Mr. Rockefeller 80 years ago [regarding alcohol] – that government cannot prohibit private behaviors without unleashing consequences far worse than those of the prohibited behaviors themselves.

That’s a too-sweeping statement. Does the “prohibition” of theft and murder unleash consequences “far worse than those of the prohibited behaviors”? I don’t think so.

On the contrary, the “prohibition” by statute and ordinance of direct harms to life, liberty, and property enables the state to perform one of its two legitimate functions, which is to punish those harms and thereby deter their commission (at least partially). (The other legitimate function is to defend us from foreign predators.)

Where is the line between legitimate and illegitimate state action properly drawn? That’s a tough question. My general answer is that the state should be authorized to act in defense of long-standing social norms. Those norms used to encompass the last six of the Ten Commandments, which “prohibit” certain interpersonal transgressions: murder, adultery, theft, libel and slander, and covetousness. But under the dispensation of the “liberal” state, murder is not punished timely or adequately, adultery is encouraged (and marriages and families broken) by no-fault divorce laws, libel and slander are commonplace, and “social justice” is covetousness rampant.

I would say that “prohibition” has a rightful place in the maintenance of civil society.

Related posts:
The Principles of Actionable Harm
Line-Drawing and Liberty
Myopic Moaning about the War on Drugs
Saving the Innocent
Facets of Liberty
Crimes against Humanity
Abortion and Logic
Why Stop at the Death Penalty?
The Myth That Same-Sex “Marriage” Causes No Harm
Lock ‘Em Up
Legislating Morality

Lock ‘Em Up

Charles Murray writes:

Here is a graph that shows the violent crime rate per 100,000 population and the number of prisoners per 1,000 violent offenses from 1960–2010:

Source: Bureau of Justice Statistics, FBI Uniform Crime Reports. “Prisoners” refers to inmates of state and federal prisons and does not include persons in jail.

….

When crime gets safer, crime goes up very quickly as a response. In the late 1950s, the “prison only makes people into smarter criminals”  school became dominant in criminal justice circles. By the early 1960s, imprisonment rates were plummeting. For that matter, even the raw number of prisoners fell. One consequence was that every cohort of young people saw acquaintances start to get probation for offenses that would have sent them to prison or reform school in the 1950s. I still remember my shock as a 17-year-old in that era when a friend of mine who shoplifted several thousand dollars of clothes from the store where he worked got probation. Once he had been arrested, it had not occurred to me that he wouldn’t go to reform school.

Pushing that toothpaste back into the tube takes a lot longer. Kids who are amazed when a friend gets away with a serious crime aren’t amazed when, say, 19 percent of their friends arrested for a serious crime are incarcerated instead of 15 percent. Understandably, crime continued to rise after imprisonment rates started to rise after 1974. Even in 1990, after 15 years of rising imprisonment rates, the risk of going to prison if you committed a violent crime was still far lower than it had been in 1960.

Cumulatively, however, two things happen. First, more and more of the “dirty 7 percent” of offenders who commit about 50 percent of all crime end up in prison. They cannot commit crimes, except against other criminals. Second, the cumulative impact of much higher imprisonment rates does make an impression—the idea that crime doesn’t pay is no longer completely a joke. For violent crime, the tipping point occurred in 1992, when imprisonment rates were heading straight up. By the time that the imprisonment rate for violent crime reached its 1960 level in 1998, the downward trendline was well established.

So how much of the reduction in violent crime was produced by increased incarceration? This kind of analysis doesn’t tell us…. (“Keep locking ’em up,” The Enterprise Blog, December 29, 2011)

I assessed the effect of imprisonment on the crime rate in a post that is now more than four years old. The following material is excerpted from that post.

I … considered as explanatory variables the existence of mandatory federal sentencing guidelines (1989-2004), number of male enlisted personnel in the armed forces (in proportion to population), and year-over-year growth in real GDP per capita — in addition to the number of persons aged 15-24, number of prisoners, and number of blacks in proportion to total population, as before. (For sources, see the footnote to this post.) Here’s a graphical depiction of the crime rates and all of the variables I considered:


Key: VIC, violent crimes per 100,000 persons; VPC, violent+property+crimes per 100,000 persons; BLK, blacks as a proportion of population; ENL (active-duty, male, enlisted personnel as a proportion of population aged 15-24; GRO(C), growth of real GDP per capita as a proxy for year-to-year growth (GRO) used in the regression analysis; PRS, prisoners in federal and State penitentiaries as a proportion of population; SNT, mandatory sentencing guidelines in effect (0 = no, 1 = yes); YNG, persons aged 15-24 as a proportion of population.

A few comments about each of the explanatory variables: BLK, unfortunately, stands for a segment of the population that has more than its share of criminals — and victims. Having more men in the armed forces (ENL) should reduce, to some extent, the number of crime-prone men in the civilian population. (It would also help to alleviate our self-inflicted impotence, by putting more “boots on the ground” — and missiles in readiness.) I use the annual rate of real, per-capita economic growth (GRO) to capture the rate of employment — or unemployment — and the return on employment, namely, income. (The use of year-over-year growth vice cumulative growth avoids collinearity with the other variables.) PRS encompasses not only the effects of taking criminals off the streets, but the means by which that is done: (a) government spending on criminal justice and (b) juries’ and courts’ willingness to put criminals behind bars and keep them there for a good while. SNT ensures that convicted criminals are put away for a good while.

I focused on violent-plus-property crime (VPC) as the dependent variable, for two reasons. First, there is a lot more property crime than violent crime (VIC); that is, VPC is a truer measure of the degree to which crime affects Americans. Second, exploratory regression runs on VPC yielded more robust results than those on VIC.

Even at that, it is not easy to tease meaningful regressions from the data, given high correlations among several of the variables (e.g., mandatory sentencing guidelines and prison population, number of blacks and prison population, male enlistees and number of blacks). The set of six explanatory variables — taken one, two, three, four, five, and six at a time — can be used to construct 63 different equations. I estimated all 63, and rejected all of those that returned coefficients with counterintuitive signs (e.g., negative on BLK, positive on GRO).

Of the 63 equations, I chose the one that has the greatest number of explanatory variables, where the sign on every explanatory variable is intuitively correct, and — given that — also has the greatest explanatory power (as measured by its R-squared):

VPC (violent+property crimes per 100,000 persons) =

-33174.6

+346837BLK (number of blacks as a decimal fraction of the population)

-3040.46GRO (previous year’s change in real GDP per capita, as a decimal fraction of the base)

-1474741PRS (the number of inmates in federal and State prisons in December of the previous year, as a decimal fraction of the previous year’s population)

The t-statistics on the intercept and coefficients are 19.017, 21.564, 1.210, and 17.253, respectively; the adjusted R-squared is 0.923; the standard error of the estimate/mean value of VPC = 0.076.

The minimum, maximum, and mean values of the dependent and explanatory variables:

VPC: 1887, 5950, 4773 (violent-plus-property crimes/100,000 persons)

BLK: 0.1052, 0.1300, 0.1183 (blacks/population)

GRO: -0.02866, 0.06263, 0.02248 (growth in real GDP per capita during year n-1/real GDP per capita in year n-2)

PRS: 0.0009363, 0.004842, 0.002243 (federal and State prisoners in December of year n-1/average population in year n-1)

Even though the coefficient on GRO isn’t strongly significant, it isn’t negligible, and the sign is right — as are the signs on BLK and PRS. The sign on the intercept is counterintuitive — the baseline rate of crime could not be negative. The negative sign indicates the omission of key variables. But forcing variables into a regression causes some of them to have counterintuitive signs when they are highly correlated with other, included variables.

In any event, the equation specified above does a good job of explaining variations in the crime rate:

I especially like the fact that the equation accounts for two policy-related variables: GRO and PRS:

1. Crime can be reduced if economic growth is encouraged by rolling back tax rates. Crime will rise if growth is inhibited by raising tax rates (even for the very rich).

2. Crime can be reduced by increasing the rate at which it is prosecuted successfully, and by ensuring that prisoners do not receive lenient sentences….

ENL and YNG, like SNT, are key determinants of the crime rate. Each of the three variables appears, with the right sign, in many of the 63 equations. So, I am certainly not ruling out ENL and YNG as important variables. To the contrary, they are important variables. But, just as with SNT, I can’t satisfactorily quantify their importance because of the limitations of regression analysis.

Crime, then, depends mainly on two uncontrollable variables (BLK and YNG), and four controllable ones: ENL, GRO, PRS, and SNT. The controllable variables are salutary means of reducing crime, and the record shows that they work….

*   *   *

Related posts:
Does Capital Punishment Deter Homicide?
Libertarian Twaddle about the Death Penalty
Crime and Punishment
Abortion and Crime
Saving the Innocent?
Saving the Innocent?: Part II
More on Abortion and Crime
More Punishment Means Less Crime
More About Crime and Punishment
More Punishment Means Less Crime: A Footnote
Clear Thinking about the Death Penalty
Let the Punishment Fit the Crime
Another Argument for the Death Penalty
Less Punishment Means More Crime
Crime, Explained
Abortion and Crime (from a different angle than the earlier post of the same name)

Saving the Innocent

Paul Compos, writing at The New Republic, celebrates “The American Justice System at Its Best“:

[I]t’s reasonable to argue that the acquittal of Casey Anthony … represent[s] … the system working as it should. But accepting that argument requires acknowledging deep imperfections that our legal system must tolerate, even when it does exactly what it’s supposed to do.

The most disturbing of these inevitable imperfections is a product of our supposed commitment to the principle that we prefer a large number—whether it’s 10, 50, or 100, the precise number is never clearly stated—of guilty people going free to the conviction of an innocent defendant. That is the practical significance of requiring the state to prove guilt “beyond a reasonable doubt”—a standard that, interestingly, the system always avoids defining in any but the most general, non-statistical terms….

[In Anthony’s case] The state proved beyond a reasonable doubt that a two-year-old child was murdered, and that her mother was, at the least, a deeply irresponsible parent with a propensity to lie to authorities. The prosecution also demonstrated, in my view, that it is far more likely than not that Anthony committed the crime. But I also believe the jury’s verdict was correct….

The case against Anthony was largely circumstantial, buttressed by arguably—yet only arguably—strong forensic evidence. But the prosecution was hampered by its inability to provide a compelling narrative explaining either how Caylee Anthony was killed or why her mother purportedly murdered her. This failure was not, as far as we know, a product of prosecutorial incompetence. The hard truth is that it is extremely difficult to successfully prosecute a murder under these kinds of circumstances—and the harder truth is that we are supposedly committed to the principle that this is, on the whole, a good thing.

Or is it? Compos refers  to the dictum of the noted English jurist, William Blackstone:

Better that ten guilty persons escape than that one innocent suffer.

“n” — the number of guilty persons — has increased since the late 1700s, when Blackstone wrote. Alexander “Sasha” Volokh offers some useful perspective:

Charles Dickens generously endorsed a value of n = “hundreds” for capital cases, and not just “that hundreds of guilty persons should escape,” but that they should escape “scot-free.” 99 Dickens was, in fact, so generous that hundreds of guilty persons escaping scot-free was not only better than one innocent person suffering — it was even better “than that the possibility of any innocent man or woman having been sacrificed, should present itself, with the least appearance of reason, to the minds of any class of men!” 100….

Of course, such blithe invocation could easily lead too far down the road to “inconsiderate folly” and “pestiferous nonsense.” As one author noted, there is “nothing so dangerous as a maxim”: 107

Better that any number of savings-banks be robbed than that one innocent person be condemned as a burglar! Better that any number of innocent men, women, and children should be waylaid, robbed, ravished, and murdered by wicked, wilful, and depraved malefactors, than that one innocent person should be convicted and punished for the perpetration of one of this infinite multitude of crimes, by an intelligent and well-meaning though mistaken court and jury! Better any amount of crime than one mistake in well-meant endeavors to suppress or prevent it! 108….

Jeremy Bentham, founder of utilitarianism, warned against the warm fuzzy feeling that comes from large values of n:

We must be on guard against those sentimental exaggerations which tend to give crime impunity, under the pretext of insuring the safety of innocence. Public applause has been, so to speak, set up to auction. At first it was said to be better to save several guilty men, than to condemn a single innocent man; others, to make the maxim more striking, fix the number ten; a third made this ten a hundred, and a fourth made it a thousand. All these candidates for the prize of humanity have been outstripped by I know not how many writers, who hold, that, in no case, ought an accused person to be condemned, unless evidence amount to mathematical or absolute certainty. According to this maxim, nobody ought to be punished, lest an innocent man be punished. 128 ….

James Fitzjames Stephen suggested that Blackstone’s maxim

resembles a suggestion that soldiers should be armed with bad guns because it is better that they should miss ten enemies than that they should hit one friend. . . . Everything depends on what the guilty men have been doing, and something depends on the way in which the innocent man came to be suspected. 134….

The story is told of a Chinese law professor, who was listening to a British lawyer explain that Britons were so enlightened, they believed it was better that ninety-nine guilty men go free than that one innocent man be executed. The Chinese professor thought for a second and asked, “Better for whom?” 238

That is the question: Better for whom? It is better for the guilty, who may claim more victims, but it certainly is not better for those new victims.

Related posts:
Does Capital Punishment Deter Homicide?
Libertarian Twaddle about the Death Penalty
Crime and Punishment
Abortion and Crime
More on Abortion and Crime
More Punishment Means Less Crime
More About Crime and Punishment
More Punishment Means Less Crime: A Footnote
Let the Punishment Fit the Crime
Another Argument for the Death Penalty
Less Punishment Means More Crime
Crime, Explained
Abortion and Crime (from a different angle than the earlier post of the same name)
Clear Thinking about the Death Penalty

Myopic Moaning about the War on Drugs

The pseudo-libertarian camp is on the warpath about the war on drugs and a resulting rate of incarceration that seem “too high,” relative to the rates in other Western nations. That other Western nations have different distributions of ethnicity and age than the U.S. is beside the point when one’s objective is to pummel the American legal system for prosecuting victimless crimes … blah, blah, blah. Drug-use is as victimless as suicide, except that a fair proportion of drug users and dealers do, in fact, victimize innocent bystanders. Drugs, like alcohol, lower a person’s inhibitions — often with destructive results — and the cost of drugs is often financed by theft and related violence.

Well, then, says the apologist for drug use, just legalize drugs and they will become affordable and the criminal element will be eliminated from the drug trade. The legalization of drugs will make them affordable only by those persons who can afford to pay the inevitably inflated prices that will result from government licensing of vendors, restrictions on the number and location of vendors, and restrictions on the amount of drugs an individual may purchase in a given period. (Regulation and paternalism go hand in hand.)

Of course, non-drug-using taxpayers could be required to subsidize drug users. But I doubt that such a proposition would get very much legislative support. As for the criminal element, government restrictions would open the door to a black market, operated by the usual suspects. In the meantime, drug-users would continue to expose themselves to the same inhibition-loosing effects, and many of them would still resort to crime to underwrite their drug intake.

Instead of blaming America’s “too high” incarceration rate on the war on drugs, a serious person would ask whether America’s incarceration rate has had an effect on the rate of violent and property crimes. Radley Balko comes close to the mark when he writes that

of the two causal explanations [of a drop in the crime rate] that have found the most support, one—the economy—had nothing to do with crime policy. The other, the petering out of the crack epidemic, was simply a return to normal after weathering the effects of a bad policy. Once distributors of the new drug had established turf, levels of violence returned to normal.

The only problem with Balko’s analysis is its incorrectness, which is driven (no doubt) by his pseudo-libertarian desire to castigate the government for prosecuting “victimless” crime.

In truth, according to my quantitative analysis — done almost four years ago — there are three measurable and significant determinants of violent and property crime: the percentage of black in the population, the rate of real growth in GDP, and the incarceration rate. (The fact that the analysis was done before the Great Recession counts in its favor, inasmuch that event would distort the relationship between crime and economic growth.) What follows are some key portions of the post that documents my earlier analysis.

*   *   *

Here’s a graphical depiction of the crime rates and all of the variables I considered:

Key: VIC, violent crimes per 100,000 persons; VPC, violent+property+crimes per 100,000 persons; BLK, blacks as a proportion of population; ENL (active-duty, male, enlisted personnel as a proportion of population aged 15-24; GRO(C), growth of real GDP per capita as a proxy for year-to-year growth (GRO) used in the regression analysis; PRS, prisoners in federal and State penitentiaries as a proportion of population; SNT, mandatory sentencing guidelines in effect (0 = no, 1 = yes); YNG, persons aged 15-24 as a proportion of population.

A few comments about each of the explanatory variables: BLK, unfortunately, stands for a segment of the population that has more than its share of criminals — and victims. Having more men in the armed forces (ENL) should reduce, to some extent, the number of crime-prone men in the civilian population…. I use the annual rate of real, per-capita economic growth (GRO) to capture the rate of employment — or unemployment — and the return on employment, namely, income. (The use of year-over-year growth vice cumulative growthavoids collinearity with the other variables.) PRS encompasses not only the effects of taking criminals off the streets, but the means by which that is done: (a) government spending on criminal justice and (b) juries’ and courts’ willingness to put criminals behind bars and keep them there for a good while. SNT ensures that convicted criminals are put away for a good while.

I focused on violent-plus-property crime (VPC) as the dependent variable, for two reasons. First, there is a lot more property crime than violent crime (VIC); that is, VPC is a truer measure of the degree to which crime affects Americans. Second, exploratory regression runs on VPC yielded more robust results than those on VIC.

Even at that, it is not easy to tease meaningful regressions from the data, given high correlations among several of the variables (e.g., mandatory sentencing guidelines and prison population, number of blacks and prison population, male enlistees and number of blacks). The set of six explanatory variables — taken one, two, three, four, five, and six at a time — can be used to construct 63 different equations. I estimated all 63, and rejected all of those that returned coefficients with counterintuitive signs (e.g., negative on BLK, positive on GRO).

Result and Discussion

Of the 63 equations, I chose the one that has the greatest number of explanatory variables, where the sign on every explanatory variable is intuitively correct, and — given that — also has the greatest explanatory power (as measured by its R-squared):

VPC (violent+property crimes per 100,000 persons) =

-33174.6

+346837BLK (number of blacks as a decimal fraction of the population)

-3040.46GRO (previous year’s change in real GDP per capita, as a decimal fraction of the base)

-1474741PRS (the number of inmates in federal and State prisons in December of the previous year, as a decimal fraction of the previous year’s population)

The t-statistics on the intercept and coefficients are 19.017, 21.564, 1.210, and 17.253, respectively; the adjusted R-squared is 0.923; the standard error of the estimate/mean value of VPC = 0.076.

The minimum, maximum, and mean values of the dependent and explanatory variables:

VPC: 1887, 5950, 4773 (violent-plus-property crimes/100,000 persons)

BLK: 0.1052, 0.1300, 0.1183 (blacks/population)

GRO: -0.02866, 0.06263, 0.02248 (growth in real GDP per capita during year n-1/real GDP per capita in year n-2)

PRS: 0.0009363, 0.004842, 0.002243 (federal and State prisoners in December of year n-1/average population in year n-1)

Even though the coefficient on GRO isn’t strongly significant, it isn’t negligible, and the sign is right — as are the signs on BLK and PRS. The sign on the intercept is counterintuitive — the baseline rate of crime could not be negative. The negative sign indicates the omission of key variables. But forcing variables into a regression causes some of them to have counterintuitive signs when they are highly correlated with other, included variables.

In any event, the equation specified above does a good job of explaining variations in the crime rate:

I especially like the fact that the equation accounts for two policy-related variables: GRO and PRS:

1. Crime can be reduced if economic growth is encouraged by rolling back tax rates. Crime will rise if growth is inhibited by raising tax rates (even for the very rich).

2. Crime can be reduced by increasing the rate at which it is prosecuted successfully, and by ensuring that prisoners do not receive lenient sentences. Therefore, we need to (a) spend even more on the pursuit of criminal justice and (b) restore mandatory sentencing guidelines, which had been in effect (and effective) from 1989 to 2004. (Look at the relationship between SNT and the indices of crime, in the next-to-last graph, and you will have no doubt that mandatory sentencing guidelines were effective and are represented in the equation — to some extent — by the variable PRS.)

ENL and YNG, like SNT, are key determinants of the crime rate. Each of the three variables appears, with the right sign, in many of the 63 equations. So, I am certainly not ruling out ENL and YNG as important variables. To the contrary, they are important variables. But, just as with SNT, I can’t satisfactorily quantify their importance because of the limitations of regression analysis.

Crime, then, depends mainly on two uncontrollable variables (BLK and YNG), and four controllable ones: ENL, GRO, PRS, and SNT. The controllable variables are salutary means of reducing crime, and the record shows that they work. Whatever else abortion is, it is not a crime-fighting tool; those who herald abortion as such are flirting with genocide.

Related posts:
Does Capital Punishment Deter Homicide?
Libertarian Twaddle about the Death Penalty
Crime and Punishment
Abortion and Crime
Saving the Innocent?
Saving the Innocent?: Part II
More on Abortion and Crime
More Punishment Means Less Crime
More About Crime and Punishment
More Punishment Means Less Crime: A Footnote
Clear Thinking about the Death Penalty
Let the Punishment Fit the Crime
Another Argument for the Death Penalty
Less Punishment Means More Crime
Crime Explained
Abortion and Crime (from a different angle than the earlier post of the same name)
Society and the State
Pseudo-Libertarian Sophistry vs. True Libertarianism
More Pseudo-Libertarianism
“Intellectuals and Society”: A Review
Bounded Liberty: A Thought Experiment
The Meaning of Liberty
In Defense of Marriage
We, the Children of the Enlightenment…

Clear Thinking about the Death Penalty

Here’s my position:

The econometric evidence is there, for those who are open to it: Capital punishment does deter homicide. See, for example, the careful analysis by Hashem Dezhbaksh, Paul Robin, and Joanna Shepherd, “Does capital punishment have a deterrent effect? New evidence from post-moratorium panel data,” American Law and Economics Review 5(2): 344–376 (available in PDF format here). Dezhbaksh, Rubin, and Shepherd argue that each execution deters eighteen murders. That number may be high, but the analysis is rigorous and it accounts for relevant variables, such as income, age, race, gender, population density, and use of the death penalty where it is legal. It’s hard to read that analysis and believe that capital punishment doesn’t deter homicide — unless you want to believe it. I certainly wouldn’t take “Ouija Board” Goertzel’s opinion over that of careful econometricians like Dezhbaksh, Rubin, and Shepherd.

Now, I must say that I don’t care whether or not capital punishment deters homicide. Capital punishment is the capstone of a system of justice that used to work quite well in this country because it was certain and harsh. There must be a hierarchy of certain penalties for crime, and that hierarchy must culminate in the ultimate penalty if criminals and potential criminals are to believe that crime will be punished. When punishment is made less severe and less certain — as it was for a long time after World War II — crime flourishes and law-abiding citizens become less secure in their lives and property.

John McAdams, a professor of political science at Marquette University, makes a succinct case for the death penalty, regardless of its deterrent effect:

I’m a bit surprised . . . [by the] claim that “the burden of empirical proof would seem to lie with the pro-death penalty scholar.” If we execute murderers and there is in fact no deterrent effect, we have killed a bunch of murderers. If we fail to execute murderers, and doing so would in fact have deterred other murders, we have allowed the killing of a bunch of innocent victims. I would much rather risk the former. This, to me, is not a tough call.

I wish I’d said that.

Related posts:
Does Capital Punishment Deter Homicide?
Libertarian Twaddle about the Death Penalty
Crime and Punishment
Abortion and Crime
Saving the Innocent?
Saving the Innocent?: Part II
More on Abortion and Crime
More Punishment Means Less Crime
More About Crime and Punishment
More Punishment Means Less Crime: A Footnote
Let the Punishment Fit the Crime
Another Argument for the Death Penalty
Less Punishment Means More Crime
Crime, Explained
Abortion and Crime (from a different angle than the earlier post of the same name)

A Roundup of Crime Posts

A misguided social engineer at work: Mark Kleiman, guest-blogging at The Volokh Conspiracy last year (posts are in reverse chronological order).

Now, for some antitodes.

A breath of fresh air from Bryan Caplan, on the subject of addiction-as-disease as an excuse for anti-social and criminal behavior.

A look at crime and race in New York City, from City Journal.

A series of posts (in reverse chronological order) by Lester Jackson, writing at TCS Daily about the death penalty.

My own contributions:

Does Capital Punishment Deter Homicide?
Libertarian Twaddle about the Death Penalty
Crime and Punishment
Abortion and Crime
Saving the Innocent?
Saving the Innocent?: Part II
More on Abortion and Crime
More Punishment Means Less Crime
More About Crime and Punishment
More Punishment Means Less Crime: A Footnote
Clear Thinking about the Death Penalty
Let the Punishment Fit the Crime
Another Argument for the Death Penalty
Less Punishment Means More Crime
Crime, Explained
Abortion and Crime (from a different angle than the earlier post of the same name)