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15Apr/10

Computer Crime

Computer Crime

Kenneth W. Mentor
University of North Carolina Wilmington

Virtually unknown twenty years ago, computer crime has rapidly become part of daily life. Computer crime, also known as cybercrime, includes a range of criminal activity associated with computers or networks. Cybercrimes include the theft of property or identity, stalking and bullying, child pornography, and the distribution of illegal goods and services. Computer crime also includes denial of service attacks, securities fraud, and a variety of emerging issues regarding copyright and intellectual property. Due to the disruptive potential of crimes directed at businesses or governments, computer crime also raises concerns about terrorism or cyber-warfare.

Although technological breakthroughs have always created new opportunities for criminal behavior, the pace of change has accelerated due to rapid advancements in processing power, access to technology, and the expansion of networks used to access computer-based technology. This technology allows criminals to operate more efficiently and effectively, often with minimal surveillance. Since these crimes are not detected or investigated through traditional law enforcement tools, these crimes present a significant challenge for the justice system.

According to Federal Bureau of Investigation (FBI) estimates, U.S. businesses spend around $67 billion each year dealing with computer theft and malicious programs such as viruses and spyware. The Internet Crime Complaint Center (IC3), a partnership between the FBI, the Bureau of Justice Assistance, and the National White Collar Crime Center, also estimates a total loss of $559 million per year million related to a variety of frauds, including scams asking for advance fees associated with a large return from a fake lottery or estate, non-delivery of merchandise or payment, and other crime related to consumer goods and services. The number increased substantially in 2009, as it has every year, more than doubling the 2008 estimate of $265 million.

Computers as Targets of Cybercrime

The targets of computer crimes include both individuals and organizations. Crimes against individuals target the person’s property, or in the case of stalking and bullying, the person is the target. The computer itself was the target of many of the first cybercrimes. Cybercriminals, often motivated by curiosity and challenge more than personal gain, exploited opportunities to access other computers. The infringement on the privacy of others, which may include damage to files, software, or other property, is known as hacking. The first hackers were younger computer users who engaged in hacking as a hobby that provided an opportunity to develop, and demonstrate, their computer skills. The initial hackers were not interested in harming others. In fact, they were often helpful in efforts to identify and reduce security risks.

Cybercriminals soon moved beyond simply accessing other computers to a more active effort to control these computers or the networks to which they are attached. Computer viruses and worms, transferred through the exchange of infected files or embedded in “Trojan horses” or other seemingly benign files, have the potential to quickly spread from one system to another. Once infected, files and information on the computer are altered or destroyed as the virus actively seeks other computers to infect. A virus can hide and replicate itself, wait harmlessly until activated, delete or transfer files and information, post messages on the user’s screen, and interfere with the use of printers or other peripherals. In a cycle of development often demonstrating escalating skill levels, individuals, businesses, and governments have spend billions on the development of anti-virus and anti-spyware software, often staying just a step ahead of cybercriminals.

Vandalism and defacement are also examples of crimes directed at computers. Cyber vandalism ranges from sending destructive viruses and worms, to hacker attacks designed to disrupt or destroy entire computer networks. Vandals may delete information needed by legitimate users or install programs that deny users from accessing this information. Hackers may also vandalize a website or personal computer in order to display political, religious, or other malicious messages.

Hacking has reached a global level, often targeting businesses or governments. For example, a hacker group known as “Anonymous” successfully organized denial-of-service attacks that disrupted service at Visa and MasterCard after these corporations stopped allowing donations to WikiLeaks. Like WikLeaks, Anonymous and similar groups use the Internet to highlight what they see as illegal or unethical corporate or government behavior. Although these organizations target computers, their actions also demonstrate the use of computers as a tool for protest and/or financial gain.

Computers as Tools for Cybercriminals

Rather than targeting the computer or network, other computer crimes use technology as a tool for the completion of a crime. These crimes include fraudulent use of credit and debit cards, unauthorized access of bank accounts, and theft from accrual, conversion, or transfer accounts. Due to the prevalence of technology, the cybercriminal can steal millions of dollars by using technology to skim a few cents, or less, from billions of routine transactions performed every day.

While embezzlement and fraud are certainly not new crimes, technology has changed the rules. Similarly, stalking and bullying are examples of existing crimes that have evolved to take advantage of technological tools. Cyber stalking refers to the use of the Internet, e-mail, or other electronic communication methods to stalk another person. Some stalkers pursue minors through online chat rooms while others harass their victims through social networking or other online or electronic communication. Cyber stalking can range from simple harassment, threatening or intimidating a victim, or repeated attempts to communicate with the victim. Since computers and the Internet provide a safe haven for the cyber stalker, while also providing a place to exhibit uninhibited conduct, this crime can be difficult to identify and address.

Stalking and exploitation have grown to the extent that these crimes reach beyond inexperienced computer users to impact individuals that assume they are well protected and fully aware of threats encountered with the use of technology. Although stalking and exploitation have always been challenging issues for the justice system, the use of technology in order to complete these crimes creates an enormous challenge. Similarly, bullying has always been a challenge for parents, schools, and the justice system. Cyber bullying inflicts and compounds the harm of traditional bullying but does so through the medium of electronic text.

Cyber spying, another growing concern associated with both crime and privacy, involves accessing computer files or using the Internet to gather private and confidential information. While hackers may access confidential information through illicit means, many of us willingly share a large amount of information on Facebook and other sites with social networking features. For example, crime may occur when an individual posts vacation pictures celebrating a trip. This announcement also notifies friends and others that the potential victim’s house may be empty. On a much larger scale, techniques used by cybercriminals may include data mining, which involves the analysis of cumulative data about an individual’s financial history, habits, preferences, and other unique traits.

Technology has also provided new opportunities for cybercrime associated with child pornography, money laundering, gambling, and the distribution of illegal substances. In addition to new laws and policies, law enforcement has responded to this category of computer crime by taking advantage of the privacy that is so attractive to cybercriminals. For example, child predators have been targeted by investigations in which law enforcement officers pose as children in an attempt to lure predators to a certain location for an arrest. Gaming websites have also been infiltrated, and charged brought, as a result of similar sting operations.

Opportunities for Cybercrime

Other computer crimes are the result of the massive opportunity created due to the widespread use of computers and technology. These crimes are committed by groups or individuals actively involved in cybercrime as well as citizens who break the law, willingly or otherwise, because it has become so easy to do so. Computer theft and the black market for technology are simple examples of this type of criminal activity. Similarly, technology has advanced to the point where amateurs can easily engage in counterfeiting. As with other types of cybercrime, the justice system has responded to these challenges by relying on technological advances that make it more difficult to profit from breaking the law.

Crimes in this category also target industries, individuals, and businesses in order to engage in criminal activity ranging from music trading, software piracy, and other infringement of copyright and intellectual property rights. These crimes occur, in part, as the result of confusion about ownership. For example while an individual knows it is wrong to steal a computer, the ownership of software, music, and movies is not immediately apparent. It can also be difficult to define a victim when the crime is limited to downloading music from websites using programs that facilitate file sharing.

The policy response to this type of cybercrime includes education, increased threats, and reliance on technological advances that monitor the sharing of digital media. This monitoring can lead to a DMCA (Digital Millenium Copyright Act) warning, an informational first step provided by the Internet provider, potentially followed by legal action. While the DMCA increases penalties for online copyright infringement, and criminalizes efforts to defeat copyright protections, the initial policy response to this type of cybercrime includes the opportunity to learn about copyright laws. The cybercriminal, who may be a computer savvy child with a great music collection, has the opportunity to conform to these laws before facing further legal action. The DMCA also addresses repeat behavior by authorizing both civil and criminal penalties, including imprisonment and fines up to $1,000,000.

Identity theft is another example of a crime that relies on the ubiquitous use of computers and technology. Identity thieves use a variety of electronic tools, often relying on the individual’s limited understanding of computers, to collect social security numbers, credit card information, and other unique information to gain access to a person’s financial data. Phishing, one of the best-known tools used by cybercriminals, uses e-mail or websites to steal personal and financial information. Computer criminals have become increasing sophisticated in their efforts to make it difficult to distinguish legitimate e-mail and website content from illegitimate, so Internet users have been forced to become similarly creative, educated, and suspicious in order to protect themselves from cybercriminals.

While the majority of Internet users have learned to identify and avoid these risks, much as we have learned to minimize risk in the non-virtual world, phishing and related scams only need to succeed for a small number of people when the scam is operating on a global level. Research supported by the financial services industry reports that more than 11 million adults were victims of identity theft and fraud in 2009. The total cost of these crimes was more than $54 billion. The number of victims actually decreased considerably in 2010, down to just over 8 million people, but the cost of identity fraud increased to $631 per incident, up 63% from the previous year. The decreased number of incidents may be attributable to increased security by the general public and financial institutions, although the increasing cost of such crimes can be financially devastating for victims.

Responding to Computer Crime

While law enforcement agencies are typically bound by geography, computer criminals can treat the whole world as their target. While leading to a vast number of potential victims, the global nature of cybercrime leads to unique challenges for the justice system.

Like computer crime itself, the enforcement of cybercrime is evolving. Based on the uniqueness of this criminal activity, congress has treated computer-related crime as a distinct federal offense since 1984. Identity theft became a federal crime in 1998, with most states passing similar laws against identity theft since then. The attacks of 9/11 also impacted our definition of, and response to, computer crime. The USA Patriot Act amended parts of the National Information Infrastructure Protection Act in order to make it easier to investigate and prosecute crimes against crucial computer systems. Federal and state law enforcement agencies have also increased their efforts to collaborate in a variety of ways, including the coordination of activities completed by law enforcement agencies involved in investigating cybercrime. Local police departments have also responded to new challenges by creating specialized units focusing on specific types of cybercrime, with undercover officers actively involved with the investigation of gambling, child pornography, and the distribution and sale of illegal goods and services.

Though contemporary techniques have increased the effectiveness and efficiency of justice agencies charged with responding to cybercrime, critics are concerned that these efforts have compromised the privacy and liberty of U.S. citizens who have not engaged in criminal activity. While the level of intrusion and surveillance citizens will tolerate may depend on the perception of risk, computer crime has rapidly become a massive problem and we may not fully comprehend the risks – to both security and liberty. Cybercriminals have also demonstrated the ability to respond very quickly to new opportunities for criminal gain, in spite of increased efforts to stop their behaviors. As with other questions about crime, we often confront issues regarding the balance of security and liberty. Although the justice system has a long history of protecting our rights in the face of threats, cybercrime has accelerated these efforts to uncomfortable levels and we can expect continued policy changes in response to the challenges of computer crime.

Further Readings

Balkin Jack M., James Grimmelmann, Eddan Katz, Nimrod Kozlovski, Shlomit Wagman and Tal Zarsky., CYBERCRIME: Digital Cops in a Networked World. New York NY: NYU Press, 2007

Bloss, William P. Under a Watchful Eye: Privacy Rights and Criminal Justice. Santa Barbara, CA: Praeger Publishers, 2009

Britz, MarJie T. Computer Forensics and Cyber Crime: An Introduction, 2/E. Boston, MA: Prentice Hall, 2009

Clarke, Richard and Robert Knake. Cyber War: The Next Threat to National Security and What to Do About It. New York, NY: HarperCollins Publishers, 2010

Federal Bureau of Investigation. The IC3 2009 Annual Report on Internet Crime. Washington, DC: Federal Bureau of Investigation, 2010.

Knetzger, Michael, and Jeremy Muraski. Investigating High-Tech Crime. Boston, MA: Prentice Hall, 2008

Solove, Daniel J. and Paul M. Schwartz. Privacy, Information, and Technology. New York: Aspen Publishers, 2008

Kerr, Ian, Valerie Steeves, and Carole Lucock, eds. Lessons from the Identity Trail: Anonymity, Privacy, and Identity in a Networked Society. New York: Oxford University Press, 2009

McQuade, Samuel C. Understanding and Managing Cybercrime. Boston, MA: Prentice Hall, 2006

Taylor, Robert W., Eric J. Fritsch, John Liederbach, and Thomas J. Holt, Digital Crime and Digital Terrorism Second Edition. Boston, MA: Prentice Hall, 2011

15Apr/10

College Courses in Prison

College Courses in Prison

Kenneth W. Mentor
University of North Carolina Wilmington

Research indicates that prison college programs are among the best tools for reducing recidivism. Individuals who take college courses while in prison improve their chances of attaining and keeping employment after release. They are less likely to commit additional crimes that would lead to their return to prison. The effectiveness of these programs led to widespread adoption for several years. However, nearly all programs were discontinued during the 1990’s and few college programs are currently active in prison settings. The history of these programs, and the debate about their merits, demonstrates the counterproductive effect that political influence can have on efforts to combat crime.

In 1965, only 12 post-secondary correctional education programs were operating in the United States. By 1982 there were 350 programs with approximately 27,000 inmates, representing almost 9% of the total prison population at the time, receiving some form of post-secondary education (Wolford and Littlefield, 1985). The rapid increase in these programs began in 1965 when Congress passed Title IV of the Higher Education Act. This Act permitted inmates, and other low income students, to apply for Pell grants to be used for college courses.

In addition to increased educational opportunities for prisoners, the expansion of these programs provided many opportunities for research. The success of these programs was typically measured by two factors – the rate of re-arrest and the individual’s ability to obtain and maintain employment upon release. Results consistently indicated that higher education reduces an individual’s chances of returning to crime. Individuals who benefited from college courses in prison also found better jobs and held these jobs for longer periods of time. It is clear that these factors work together to reduce recidivism – those more education find stable employment which makes them less likely to commit crime (Batiuk, Moke, and Rountree, 1997).

Prisoners applied for Pell grants under the same criteria as those outside prison. Pell grants are non-competitive, need-based federal funds that are available to all qualifying low-income individuals who plan to attend college degree programs. For qualifying individuals in correctional facilities, the average Pell grant award was less than $1,300 per year. The total percentage of the program’s annual budget that was spent on inmate higher education was 1/10 of 1%. Although the cost was relatively low, the idea of providing Pell grants to prisoners was somewhat controversial and some argued for the elimination of these grants.

Despite evidence supporting the connection between higher education and lowered recidivism, the U.S. Congress included a provision in the Violent Crime Control and Law Enforcement Act of 1994 which eliminated Pell grants for prisoners. Politicians argued that grants to inmates were provided at the expense of law-abiding students. This flawed argument, coupled with a belief that prison life was too “soft,” resulted in the elimination of Pell grants to prisoners. Ironically, the “get tough on crime” mentality had eliminated an extremely effective crime reduction tool.

The elimination of Pell grants had a devastating effect. In 1990, there were 350 higher education programs for inmates. By 1997 only 8 programs remained. In the 1993-94 school year over 25,000 students in correctional facilities were recipients of Pell grants. Although Pell grants were not the only source of revenue for these programs, the grants provided a predictable flow of money that was relied upon for the continued functioning of programs. Since there was no source for replacement funds, programs were forced to abandon efforts to provide college courses in prison. In nearly every case, the individual’s education abruptly ended as funds were denied.

Ironically, in the 1990’s we also began to see a dollar-for-dollar tradeoff between corrections and education spending. New York, for example, steadily increased its Department of Corrections budget by 76 percent to $761 million. During the same period, the state decreased funding to university systems by 28 percent, to $615 million. Much of the increase in corrections spending was the result of longer prison terms and the need for increased prison construction. Research by the RAND Corporation demonstrates that crime prevention is more cost-effective than building prisons and that of all crime prevention methods; education is the most cost-effective (Greenwood, 1996). Policies that focused on increasingly punitive incarceration, for longer periods of time, were not having the desired impact on crime prevention.

Benefits of Corrections Education

In 2000, the total number of prisoners in federal or state facilities was almost 1.4 million. Nearly 600,000 inmates were released in 2000, either unconditionally or under conditions of parole. Many of those released will be rearrested and will return to prison. Costs of this cycle of incarceration and reincarceration are very high. Corrections education has the potential to greatly reduce these costs. For example, one study indicated that those who benefited from correctional education recidivated 29% less often that those who did not have educational opportunities while in the correctional institution (Steurer, Smith, and Tracy, 2001). Even small reductions in recidivism can save millions of dollars in costs associated with keeping the recidivist offender in prison for longer periods of time. Additional costs are apparent when we consider that the individual, had he or she not committed another crime, would be working, paying taxes, and making a positive contribution to the economy. When we add the reduction of costs, both financial and emotional, to victims of crime, the benefits are even greater. Finally, the justice system as a whole, including police and courts, can save a great deal of money when the crime rate is reduced.

A 1987 Bureau of Prisons report found that the more education an inmate received, the lower the rate of recidivism. Inmates who earned college degrees were the least likely to reenter prison. For inmates who had some high school, the rate of recidivism was 54.6 percent. For college graduates the rate dropped to 5.4 percent. Similarly, a Texas Department of Criminal Justice study found that while the state’s overall rate of recidivism was 60 percent, for holders of college associate degrees it was 13.7 percent. The recidivism rate for those with Bachelor’s degrees was 5.6 percent. The rate for those with Master’s degrees was 0 percent.

Changing Minds: The Impact of College in a Maximum-Security Prison (Fine et. al, 2001) was the first major study to examine the impact of college in prison since Pell grants were eliminated. This study was conducted at Bedford Hills Correctional Facility, New York’s only maximum-security women’s prison. The Changing Minds study demonstrated that college prison programs can save taxpayers millions of dollars. Evidence from this study demonstrated that college prison programs transforms lives, reduces recidivism, creates safer prisons and communities, and significantly reduces the need for tax dollars spent on prisons.

The Changing Minds study found that only 7.7% of the inmates who took college courses at Bedford Hills returned to prison after release, while 29.9% of the inmates who did not participate in the college program were reincarcerated. The study calculates that this reduction in reincarceration would save approximately $900,000 per 100 student prisoners over a two-year period. If we project these savings to the 600,000 prison releases in a single year, the saving are enormous. When we consider the high cost of imprisonment, the increasing prison population, and the increasing number of individuals released from prison at the end of their sentences, education programs provide a cost effective opportunity to reduce crime and the costs of crime.

Challenges

The correctional facility provides a controlled educational setting for prisoners, many of whom are motivated students. Students in these programs evidence a wide range of potential and have had varying educational experiences. However, prison educators face many challenges. Inmates who choose to enroll in college courses are not necessarily any different from the typical university student. As in any college level course, the range of abilities can include very gifted students, students who face challenges, and students who have various motives for enrolling in college courses.

The educator’s challenge is compounded by the uniqueness of prison culture and the need for security. Prisons adhere to strict routines. These routines may not be ideal in an educational setting. College programs may also adhere to schedules that conflict with the requirements of correctional institutions. Inmates are often moved from one facility to another. This movement interrupts, or ends, the individual’s educational programming. These structural issues are accompanied by social factors that can further limit learning opportunities. Prison culture can be very different in different facilities, or even in different parts of a single facility. For example, other prisoners may not support the educational efforts of prisoners. Prison administrators may also have varying degrees of support for education – especially if they see education as a threat to the primary functions of security and control.

Conclusion

Most studies indicate that an individual who benefits from college course while in prison is less likely to return to prison than someone who has not taken college courses while in prison. There is some question as to why these courses cause lower recidivism. Many of the benefits of a college education are difficult to measure. As such, it may be difficult to show a clear relationship between educational opportunity and recidivism. However, an intervening factor, the ability to find and hold a job, appears to clearly demonstrate the benefits of college courses in prison. College education increases the likelihood of post-release employment, which reduces the chance of recidivism.

The vast majority of incarcerated individuals will eventually be released. The imprisonment binge over the last 20 years has created a situation where we are beginning to see prison releases at unprecedented levels. Due to strict sentencing guidelines, these prisoners have often served long terms and are released only when their terms have been completely served. Many are released unconditionally, without parole or other post-release supervision. Each of these individuals will be expected to begin leading a productive, law abiding life outside prison walls. Access to a quality education can increase their chance of success.

References and Suggested Readings

Batiuk, M, Moke, P.and Rounree, P. (1997). “Crime and Rehabilitation: Correctional Education as An Agent of Change – A Research Note,” Justice Quarterly, 14(1).

Bureau of Justice Statistics (2002). “Key crime and justice facts at a glance.” http://www.ojp.usdoj.gov/bjs/glance.htm

Currie, E. (1985). Confronting Crime: An American Challenge. New York: Pantheon Books.

Fine, M., et.al. (2001) Changing Minds: The Impact of College in a Maximum Security Prison. The Graduate Center of the City University of New York. http://www.gc.cuny.edu/folio/index.htm.

Gerber, J. and Fritsch, E. (1993). Prison Education and Offender Behavior: A Review of the Scientific Literature. Huntsville, TX: Texas Department of Criminal Justice, Institutional Division.

Greenwood, P.W., Model, K.E., Rydell, C.P. and Chiesa, J. (1996). Diverting children from a life of crime: Measuring costs and benefits. Santa Monica, CA: Rand.

Haigler, K. O.; Harlow, C.; O’Connor, P.; and Campbell, A. (1994). Literacy Behind Prison Walls. Washington, DC: National Center for Education Statistics.

Harer, M. (1995). “Prison Education Program Participation and Recidivism: A Test of the Normalization Hypothesis,” Washington, DC: Federal Bureau of Prisons.

LoBuglio, S. (2001). “Time to reframe politics and practices in correctional education.” In J. Comings, B. garner and C. Smith (Eds.), Annual Review of Adult Learning and Literacy, Vol.2. San Francisco, CA: Jossey-Bass.

Steurer, S., Smith, L., Tracy, A. (2001). “Three State Recidivism Study”. Prepared for the Office of Correctional Education, US Department of Education. Lanham, MD: Correctional Education Association.

Stevens, D. and Ward, C., (1997). “College Education and Recidivism: Educating Criminals Meritorious,” Journal of Correctional Education, 48(3).

Taylor, J.M. (1993). Pell Grants for prisoners. The Nation, January 25.

Taylor, J.M. (1992). “Post Secondary Correctional Education: An Evaluation of Effectiveness and Efficiency,” Journal of Correctional Education, 43(3).

Tolbert, M. (2002). “State Correctional Education Programs.” Washington, D.C.: National Institute for Literacy. http://www.nifl.gov/nifl/policy/st_correction_02.pdf

U.S. Department of Education, Office of Correctional Education (1995). “Pell Grants and the incarcerated.” Washington, DC: U.S. Department of Education.

U.S. Department of Education, Office of Correctional Education (1994). “The Impact of Correctional Education on Recidivism 1988-1994,” Washington, DC: U.S. Department of Education.

Worth, R. (1995). “A model prison.” The Atlantic Monthly, November.

15Apr/10

Mediation and Dispute Resolution

MEDIATION AND DISPUTE RESOLUTION

Kenneth W. Mentor
University of North Carolina Wilmington

Most people work through a variety of interpersonal conflicts or disputes on a daily basis. The majority of these disputes are quickly resolved through a conflict resolution process that is so routine that we do not recognize the situation as a conflict. In other cases interpersonal conflict can be so serious that friendships and relationships are threatened. More serious conflicts typically include many issues and parties and may be difficult to resolve without outside assistance.

Each of us approaches conflict in different ways, often depending on the situation in which conflict occurs. We also choose our responses to conflict based on our individual dispute resolution skills. In many cases we choose the path of least resistance, especially if we are uncertain of our ability to productively respond to conflict. This tendency may cause us to avoid conflict if an easy solution is not apparent.

Unresolved conflict can result in stress, violence, litigation, and a variety of activities intended to prevail. Since these activities can be very destructive, it is in our best interest to develop efficient procedures that allow the parties to resolve differences peacefully. Ideally, these dispute resolution processes will allow the parties to satisfy their interests in ways that reduce suffering while efficiently relying of positive resources. In effect, conflict provides an opportunity to communicate, to learn how the other parties define the problem, and work toward a resolution that will, in addition to addressing the issues, lead to lowered levels of stress and other emotional responses to conflict.

LITIGATION, POWER, AND ADR

While many people are good at resolving simple conflicts, other disputes cannot be resolved without the help of outside parties. Each conflict situation offers many options for resolution. In addition to processes that rely on interpersonal skills, our legal system has designed a number of methods for resolving or minimizing conflict. The choices we make when faced with conflict can result in very different results, both in terms of substance and process.

As we know, litigation is often chosen when conflict reaches a level where interpersonal skills fail to lead to a successful resolution. Unfortunately, the decision to litigate often results in a process that is mechanical and contentious. Litigation-based processes often ignore the feelings of disputants. Although the parties reach a decision that is defined as a resolution, unresolved issues often lead disputants to report that they are not satisfied with the results or the process. Access to litigation, and in many ways justice, are not equal. Many disputants are not able to take their disputes to court. As a result, litigation fails to address many of the most common disputes. In addition to litigation, or in the absence of other means of dispute processing, aggressive responses to conflict may be chosen. Aggressive responses to conflict are dangerous, ineffective, and in most cases unlawful. An aggressive response to conflict also demonstrates disrespect for self and others.

As in these examples, many responses to conflict involve the use of power, either personal power or reliance on state power, that can be called upon to support an individual’s belief that he or she is “right.” Mediation and other alternatives to litigation offer a solution to litigation and other power-based responses to conflict. Litigation and other power-based forms of conflict processing often results in a winner-take-all way of thinking. Failing to realize that a cost free win is extremely unusual, disputants may begin the litigation process with the expectation of a clear and convincing victory. As we know, even if one party prevails on every point, the case will be extremely expensive in terms of money, relationships, and the emotional, personal and business life of each party.

While litigation remains an option for many parties and disputes, there are many alternatives that seek to minimize power, respect feelings, and resolve disputes in ways that leave parties with positive feelings about the process and result. Alternatives to litigation are referred to as Alternative Dispute Resolution, or ADR, and include a range of processes. ADR processes can be very informal. In many cases the process is limited to the disputants and the requirements of record keeping and other protocols are relaxed in comparison to courtroom processes. At other times the dispute is more complex and may include a multiple stage process, with many disputants and a group of mediators. In other situations the ADR process is strictly controlled and may closely resemble courtroom-based efforts to resolve conflict. The flexibility of these processes is one of the key strengths.

Alternative dispute resolution processes typically include a neutral third-party whose role varies according to the process selected. An information sharing process, in which disputants work out the details of their dispute and work toward an agreement, is typical of most ADR processes. In mediation, a trained third-party neutral works to help the parties communicate in ways that lead to resolution. The mediator generally does not have the authority to make decisions that would end the dispute. In arbitration, the neutral third-party is empowered with decision-making authority. Other ADR processes include fact-finding, ombudspersons, private tribunals, mini-trials, conciliation, and other processes that include a mixture of techniques.

ADR works best if it is chosen early in the life of a dispute – before parties have committed to hard and fast positions. That is the point in time when a neutral, objective and impartial third party may assist the parties in achieving results which can be imaginative, inventive, and not necessarily based on a monetary settlement. In contrast to litigation, which typically relies on processes that can seem very mechanical and dehumanizing, ADR has the capacity to search for, and adopt, results that meet the parties’ underlying interests and overall objectives. Since disputes often include multiple parties and interests, value can be attached to feelings, actions, and other things that are difficult to quantify but have value that is unique to the disputants.

ADR processes are often endorsed by the courts and are connected to court-based dispute resolution processes. The court may transfer their decision-making power or the ADR process may be used to narrow the range of issues to be addressed by the court. ADR processes can also be independent of the courts. “Community mediation” programs have been created to address neighborhood and other local disputes. School based mediation programs are evident in the development of campus mediation centers and peer mediation programs. ADR processes are used in the workplace, where ombudpersons, arbitrators, and mediators are active in the resolution of employment related disputes. ADR processes are also used to resolve environmental and property disputes. ADR processes are also used in efforts to resolve disputes between organizations, corporations, and nations.

MEDIATION

ADR includes a range of processes, each sharing similar procedures, philosophy, and advantages. Mediation is one of the best known, and best understood of these processes.

In mediation, the disputing parties engage a third-party to assist them in coming to a mutual resolution. “Ownership” of the dispute remains with the disputants and the third-party remains neutral. The mediator’s goal is to help the parties work together to resolve “their” dispute.

While the mediator is neutral with respect to outcome, he or she controls the mediation process. A primary goal of the process is the enable the disputants to communicate in a way that will lead to mutual understanding of the issues and interests that underlie positions that have been expressed by the disputants. The mediator helps the disputants discover and evaluate a range of settlement options, eventually leading to a mutually acceptable agreement.

Communication is the centerpiece of any mediation. The disputing parties each have the opportunity to tell their stories and be heard by the opposing party. Since poor communication skills, and the escalation of conflict that may result from ineffective communication, may be at the root of the dispute, the mediator works to encourage an open and respectful exchange of ideas. Throughout the early stages of this communication process disputants typically take “positions.” These positions may be firmly held and in direct opposition to the positions expressed by the other party. The parties have expressed these positions because they see them as a means to achieve certain goals or to satisfy unexpressed “interests.” The mediator assists the parties in a communication process that is intended to expose these underlying interests. If the parties listen carefully they may learn that the other party’s perceptions are very different from their own. In addition to disclosure, the parties will begin to understand why these positions have been expressed and will hopefully begin to develop respect for (not necessarily agreement with) the other party’s feeling and interpretations. In many cases the process of moving from “positions” to “interests” lead the parties to realize that their goals are not as divergent as they assumed during the early stages of conflict.

The mediator assists the parties in reaching agreement by using and encouraging active listening techniques. The mediator also asks directive and clarifying questions in an effort to expose all relevant issues. Throughout the process the mediator works to validate the parties’ points of view, acknowledging the disputant’s right to own his or her feelings and have these feelings be expressed and clarified in an effort to reach a shared understanding of all issues. A key advantage of the communication process is that the process often leads to the identification of common interests. Once these interests are identified the mediator helps the disputant’s develop and evaluate alternative solutions to the dispute.

The primary goal of mediation is for all parties to identify a solution they can live with and trust. This goal is reached through a process that encourages an honest discussion of past issues and a shared move toward a future-focused orientation in which the parties solve problems in ways that protect feelings and relationships. Mediation and other forms of ADR also have important secondary goals. In many cases disputants benefit from improved communication and an enhanced understanding and respect for the other person’s point of view. Mediation also offers an opportunity to be heard, and perhaps to express anger and other emotions in a positive environment. Mediation also presents an opportunity to openly examine the strengths and weaknesses of the positions that disputants cling to as the preferred “solution” to their dispute.

CONCLUSION

Although mediation and other ADR processes may provide an effective alternative to litigation, it would not be accurate to suggest that these processes are always preferable or that litigation could, or should, be replaced by ADR. It may be best to think about these processes as adding to, or extending, the range of tools available in our efforts to resolve difficult disputes. Some have expressed concerns about the privatization of disputes, including disputes that may best be addressed through legislation and other processes that lead to change. Others have raised concerns about the effectiveness of informal and neutral processes in situations where judicial processes have the potential to “balance the scales” in an effort to prevent a powerful party from imposing solutions. Concerns have also been raised about training, education, and licensing of mediators and others involved with various ADR processes. Finally, some have expressed concerns about a “one size fits all” application of ADR to disputes where alternate means of dispute processing might be more appropriate.

The benefits of ADR include savings of time and money, the potential to protect ongoing relationships, increased satisfaction with the process and solution, and greater control over the dispute resolution process. The process is confidential, flexible, creates an opportunity to end a dispute without a “loser,” and empowers parties to work together to resolve future disputes. These processes provide a fair and flexible alternative process that can be used to efficiently resolve disputes. When chosen correctly, and used by skilled professionals, mediation and other forms of ADR have proven to be very powerful tools in the effort to peacefully resolve disputes.

SUGGESTED READING

Bush, R., and Folger, J., The Promise of Mediation. San Francisco, CA: Jossey Bass, 1994.

Carpenter, Susan L. and W.J.D. Kennedy. Managing Public Disputes: A Practical Guide to Handling Conflict and Reaching Agreements. San Francisco, CA: Jossey Bass, 1988.

Fisher, Roger, William Ury and Bruce Patton. Getting To Yes: Negotiating Agreement Without Giving In. 2d ed. New York: Penguin Books, 1991.

Folberg, Jay and Alison Taylor. Mediation: A Comprehensive Guide to Resolving Conflicts Without Litigation. San Francisco, CA: Jossey Bass, 1984.

Goldberg, Stephen B., Frank E. A. Sander, and Nancy Rogers. Dispute Resolution: Negotiation, Mediation, and Other Processes. 2d ed. Boston: Little, Brown, 1992.

Moore, Christopher W. The Mediation Process: Practical Strategies for Resolving Conflicts. 2d ed. San Francisco, CA: Jossey Bass, 1996.

Ury, William, J. Brett and S. Goldberg. Getting Disputes Resolved. San Francisco, CA: Jossey Bass, 1989.

15Apr/10

Rockefeller Drug Laws

Rockefeller Drug Laws

Kenneth W. Mentor
University of North Carolina Wilmington

The Rockefeller Drug Laws, enacted in 1973, imposed mandatory minimum prison terms for possession or sale of relatively small amounts of drugs. The laws sought to frighten drug users by imposing harsh penalties. These penalties would also take drug dealers off the streets, preventing them from engaging in criminal activity for many years. The Rockefeller Drug Laws were also intended to reduce robberies, burglaries, and other crimes commonly associated with addiction. The laws marked a shift toward addressing illegal drug use through the criminal justice system rather than as a health care issue. Critics challenged this shift from the start and the debate continues. Critics also questioned penalties for possession that equaled the penalty for second-degree murder. The laws also drew opposition from civil rights advocates who argued that the laws would be applied inordinately to African-Americans and Latinos.

The new sentencing guidelines had a dramatic impact. New York’s prison population grew from 12,500 in 1973 to 71,500 in 1999. Drug offenders as a percentage of New York’s prison population surged from 11% in 1973 to a peak of 35% in 1994. The Rockefeller Drug Laws became the template for implementing other drug policies dominated by “get tough” attitudes toward drug use and criminal activity associated with use and distribution. The tough on crime mentality that served as a foundation for the Rockefeller Laws stretched beyond the war on drugs as a mandatory sentencing movement swept the country, including “three-strikes” legislation in several states, eventually raising the nationwide prison population to over 2.3 million.

An early evaluation of the Rockefeller Laws was highly critical. The 1978 evaluation, issued by the Joint Committee on New York Drug Law Evaluation, found that the law was failing on several fronts despite the expenditure of $76 million. Drug felony arrests, indictment rates, and conviction rates all declined between 1972 and 1976. The proportion of drug felony dispositions resulting from trials tripled during this time period and the average time for processing of a case doubled. Heroin use and heroin-related crime was as widespread in 1976 as it was before the Rockefeller laws. The percentage of drug felony arrests resulting in indictments dropped from 39.1 to 25.4 percent and the likelihood of conviction after indictment declined from 87.3 to 79.3 percent (Joint Committee on New York Drug Law Evaluation, 1978).

The evaluation also highlighted stresses being placed on the justice system. Since many fewer defendants were willing to plead guilty, the percentage of drug felonies disposed of by trial rather than guilty plea rose from 6 to 17 percent between 1972 and 1976. As a result, the average case processing time increased from 172 to 351 days. Pressures on the corrections system were also increasing as courts were forced to impose stronger sentences. Between 1972 and 1974 only 3 percent of New York drug felons received minimum sentences longer than 3 years. Prisons began to fill as 22 percent of those sentenced under the new law received sentences longer than 3 years. Use of alternative sanctions also decreased as the likelihood that a person convicted of a drug felony in New York State would receive a prison sentence grew from 33.8 to 54.8 percent (Joint Committee on New York Drug Law Evaluation, 1978).

In response to this evaluation, and the criticism accompanying the report, the New York legislature amended the laws to increase the amount of drugs needed to trigger the 15-year to life sentence. The laws went unchanged until 1988, when concern over “crack” cocaine led to a lowering of the weight threshold for cocaine possession. In spite of continued criticism, the tough on crime mentality underlying many political decisions allowed the Rockefeller Drug Laws to remain essentially unchanged for the next 20 years.

The State of New York began reforming the Rockefeller Drug Laws in October 2008. In announcing the reform, Gov. David Patterson said, “Under the Rockefeller Drug Laws, we did not treat the people who were addicted; we locked them up under some of the nation’s harshest sentences. Families were broken, money was wasted and we continued to wrestle with the statewide drug problem.” The 2008 reforms sought to give judges the discretion to send individuals into treatment and mental health services. In addition, people incarcerated under the old laws for nonviolent drug offenses earned the right to petition the court for resentencing. If approved by a judge, many of those serving mandatory sentenced under the Rockefeller Drug Laws will finally be released.

For more information:

Human Rights Watch (2009). Barred from treatment: Punishment of drug users in New York state prisons. Washington, DC: Human Rights Watch.

Joint Committee on New York Drug Law Evaluation. 1978. The nation’s toughest drug law: Evaluating the New York experience. Project of the Association of the Bar of the City of New York and the Drug Abuse Council, Inc. Washington, DC: U.S. Government Printing Office.

Tonry, M. (2009). “The mostly unintended effects of mandatory penalties: Two centuries of consistent findings.” Crime and Justice, 38 (65).

15Apr/10

Radical Criminology

Radical Criminology

Kenneth W. Mentor
University of North Carolina Wilmington

Radical criminology began to appear on the criminological scene in the 1960s as criminologists began to question traditional criminology in light of political, social, and economic events occurring in the United States. Conflict over racial issues and the Vietnam war resulted in organized opposition to the state, including rioting and other forms of violence. The governmental, along with researchers and academics, sought ways to respond to and control these movements, which eventually led to rapid expansion of the criminal justice system.

Radical criminology may be referred to as Marxist, conflict, or critical criminology. The ideological perspectives defined in the early years of radical criminology continue to serve as a foundation for criminologists interested in anarchist, environmental, feminist, constitutive, cultural, peacemaking, restorative, and other branches of critical criminology. All branches of radical or critical criminology share concepts and principles centered on the distribution of power and ways in which the law protects the interests of the ruling class.

Radical or critical criminologists, many of whom were politically active during the 1960’s, generally adhere to Marxist principles. While Marx did not specifically discuss crime, his writings focused on law, power, and social and economic control, each of which are important variables to consider in an examination of crime and justice. Radical criminologists argue that the law serves those with the power to translate their interests into public policy. Rather than accepting the premise of law as a product of consensus, radical criminologists define law as a set of rules defined and enforced by the state. Critical scholars argue that our criminal justice system neutralizes potential opposition to the state by targeting the actions of those who are most oppressed. In addition to controlling opposition, these laws often reproduce hierarchies that serve the interests of those in power.

Radical criminologists challenge mainstream criminology’s focus on theoretical explanations of the causes of criminal behavior and the measurement of crime reported in the Uniform Crime Reports. The focus on common crimes and individual responsibility, leading to punishments intended to deter individuals from choosing crime, serves the state’s interest in repression. Individual blame also diverts attention from structural models of causation and relieves those in power from accepting responsibility. Radicals argue that the discipline of criminology, the general public, and politicians focus on crime in the streets, allowing those in power to commit far greater criminal acts with little fear of retribution.

Radical criminologists also examine the processes through which deviance, criminal behavior, and state responses to crime are socially constructed. This examination provides insight into the ways state power is used to define challenges to authority. For example, behaviors that threaten the social, economic, and political order are labeled terrorist as well as criminal (Lynch and Groves, 1989). Different responses to criminal acts are facilitated when the state-controlled label of terrorist can be applied. Similarly, the focus on repeat offenders, and long prison terms, has centered on street crime rather than corporate or white-collar crime. This pattern also reinforces the perception that individuals, rather than institutions, are to blame for social problems. In effect, the powerful are able to exert social control on the masses while excluding their own acts and the criminal acts of those who serve powerful interests.

Radical criminology also examines the consequences of crime policies that prevent society from questioning the dehumanizing effects of our social institutions. The justice system is used to create a permanent underclass whose options are limited as a result of contact with the justice system. Thousands of men, particularly men of color, are kept out of the job market or trapped in the secondary market as they move through the seemly endless cycle of crime, prison, and recidivism. At the same time, the justice system creates millions of jobs.

Radical criminologists remain active within the American Society of Criminology (ASC), the Academy of Criminal Justice Sciences (ACJS), and other professional organizations. Radical criminology has evolved, and earned legitimacy within the wider discipline, due to the inclusion of radically oriented sessions at annual meetings and continued contributions to scholarly publications associated with these organizations. Formal recognition came when the Division of Critical Criminology was established by the ASC in 1990. This was followed in the late 1990’s with the creation of the ACJS Critical Criminal Justice Section.

For more information:

Chambliss, W., & Mankoff, M. (Eds.). (1976). Whose law? What order? A conflict approach to criminology. New York: John Wiley and Sons.

Currie, E. (1999). “Radical criminology or just criminology – Then, and now,” Social Justice, 26.

Lynch, M. (Ed.). (1997). Radical criminology. Aldershot, England: Dartmouth Publishing Co.

Lynch, M., & Groves, W. B. (1989). A primer in radical criminology (2nd ed.). New York: Harrow and Heston.

Platt, T. (1988). “If we know, then we must fight: The origins of radical criminology in the U.S.” Critical Sociology, 15(2).

Quinney, R. (2000). Bearing witness to crime and social justice. Albany, NY: State University of New York Press.

Schwendinger, H. & Schwendinger, J. (1970). “Defenders of order or guardians of human rights?” Issues in Criminology, 5(2).

 

15Apr/10

Graffiti

Graffiti

Kenneth W. Mentor
University of North Carolina Wilmington

Graffiti includes unauthorized writing, marks, or images on buildings, vehicles, or other private or public structures. Early examples of graffiti date to primeval times. Drawings of bison and deer found in caves are examples of graffiti left by prehistoric humans. This graffiti often depicted ceremonial or sacred locations. Other examples of early graffiti date to Ancient Greece and the Roman Empire. In addition to ceremonial significance, graffiti from this time included politics, humor, and other characteristics associated with contemporary graffiti.

The Kilroy image American soldiers drew on the walls of the cities they occupied during World War II was an example of the “I was here” form of graffiti. Similarly, tags or throw-ups, the most common type of graffiti, may be limited to the signatures of graffiti writers intending to leave their mark. These tags are not intended to communicate territory or control. In contrast, gang graffiti can be used to mark territory. More intricate graffiti, including images or murals, may range from temporary statements to more permanent representations of community and cultural pride.

Graffiti has traditionally been used to make political statements, although this type of graffiti became much more common in the 1960s, perhaps as a result of social unrest. As a form of vandalism, or communication, graffiti is exercised by marginal groups who are denied legitimate outlets to communicate frustrations or disapproval with the status quo. Graffiti is also an important tool for cultural communication. Building on the political expressions of the 1960’s, graffiti has more recently been associated with hip hop culture. The mainstream public has been introduced to hip hop graffiti through references in films, music, fashion, and other forms of communication. This exposure has provided opportunities for taggers to move from the underground world to museums. Graffiti has also moved from temporary to permanence as artists are recognized and commissioned to create “legitimate” forms of artistic expression.

Graffiti has also attracted increasing interest from the criminal justice system, perhaps as a result of the association with political and cultural communication. Local laws intended to restrict graffiti focus on vandalism rather than expression, often arguing that graffiti is detrimental to the safety and welfare of the public, reduces the value of private property, invites vandalism and additional graffiti, and encourages other criminal activities, eventually producing urban blight. Cities that have adopted a “broken windows” approach to crime control argue that graffiti, along with other signs of vandalism, lead to increased lawlessness. This perspective has resulted in graffiti laws that are overbroad, vague and an infringement on free speech. For example, in Ecko Complex LLP v. Bloomberg, 382 F.Supp.2d 627 (S.D.N.Y. 2005) the court ruled that it is a violation of the First Amendment to refuse to issue a permit based on the fear that a legal display or graffiti could encourage others to paint graffiti.

Graffiti control efforts also include architectural or environmental features, such as graffiti-resistant finishes, monitoring, and other forms of target hardening. Police may also target areas where graffiti is common. Many communities have passed graffiti abatement ordinances that call for quick removal or covering of graffiti. Business owners also remove graffiti out of concerns about intimidating patrons or creating or allowing a hostile work environment. Laws may also restrict access to spray paint and other supplies. As the artistic merit of graffit writers becomes accepted communities have also created legal alternatives, such as approved graffiti walls or other public spaces that highlight the work of graffiti writers.

For more information:

Castleman, C. (1982). Getting up: Subway graffiti in New York City. Cambridge: MIT Press.

Ferrell, J. (1993). Crimes of style: Urban graffiti and the politics of criminality. New York: Garland.

Ferrell, J. (1995). “Culture, crime, and cultural criminology,” Journal of Criminal Justice and Popular Culture, 3(2).

Kurlansky, M. and Mailer, N. (1974). The faith of graffiti. Westport, CT: Praeger.

15Apr/10

Felony Disenfranchisement Laws

Felony Disenfranchisement Laws

Kenneth W. Mentor
University of North Carolina Wilmington

Introduction

At the center of the controversy surrounding felony disenfranchisement laws is the debate between the desire to punish and deter crime versus a desire to promote and protect civil liberties. Currently, nearly all incarcerated felons, and many with criminal records, are barred from voting. Forty-eight states disenfranchise incarcerated felons, thirty-seven disenfranchise felony probationers and/or parolees, and fourteen disenfranchise ex-felons who have completed their sentences.[i] The disenfranchised population has grown along with the criminal justice system. As the result of a reliance on incarceration, and the impact of felony disenfranchisement on recent elections, disenfranchisement has become an important issue. For example, in the 2000 presidential election, an estimated 4.7 million people were disenfranchised as the result of a felony conviction.[ii]

Background

Many of those disenfranchised for a felony conviction have completed their criminal sentence. Another 1.4 million are on probation or parole. Familiar patterns of racism are apparent, with 13% of the black adult male population, approximately 1.4 million African American men unable to vote. This reflects a rate of disenfranchisement seven times the national average.[iii] Given current laws, 30-40% of black males will lose the right to vote at some point in their lives.[iv]

** Sidebar: State Disenfranchisement Laws

  • 48 states and the District of Columbia prohibit inmates from voting while incarcerated for a felony offense.
  • Only two states – Maine and Vermont – permit inmates to vote.
  • 35 states prohibit felons from voting while they are on parole, 30 of these states also exclude felony probationers.
  • Three states deny the right to vote to all ex-offenders who have completed their sentences. Nine others disenfranchise certain categories of ex-offenders and/or permit application for restoration of rights for specified offenses after a waiting period.[v]

**End of Sidebar

Legal Developments

Although the right to vote seemed to have been settled by the Voting Rights Act of 1965,[vi] reliance on incarceration as a primary tool in the war on crime, and the demographics of those who have been disenfranchised, are bringing issues of felony disenfranchisement back to the forefront. Debate over disenfranchisement focuses on whether the practice is a relic of the past or justified by modern conceptions of democratic citizenship. Taking away the right to vote is similar to the medieval practice of “civil death,” where violations of the social contract resulted in loss of citizenship rights.[vii] In contrast to the practice of exclusion, the U.S. Supreme court held in Reynolds v. Sims (1965) that “the right to vote freely for the candidate of one’s choice is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government.”[viii]

The 14th Amendment, ratified in1868, recognizes African Americans as citizens with the right to vote. Section 2 of the Fourteenth Amendment reads:

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation  in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.[ix]

The “participation in rebellion, or other crime” caveat served as an opening for Jim Crow legislatures intent on denying blacks the right to vote. Southern states began to develop felony disenfranchisement laws specifically crafted to result in the disenfranchisement of newly freed African American males.[x] Although the right to vote was specifically granted to African Americans with the 1870 ratification of the 15th Amendment, the adoption of disenfranchisement laws continued with relatively few challenges until the 1970’s and 80’s, when these laws were challenged as violations of equal protection and voters’ rights.

**Sidebar: Consequences of State Felony Disenfranchisement Laws

  • An estimated 5.3 million Americans, or 1 in 41 adults, have currently or permanently lost their voting rights as a result of a felony conviction.
  • Among those disenfranchised, 74% are currently living in the community.
  • In 11 states, a conviction can result in lifetime disenfranchisement.
  • 12 states disenfranchise more than 10% of their African American population.
  • 1.4 million African American men, or 13% of black men, are disenfranchised, a rate seven times the national average. In some states, 1 in 4 black men are prohibited from voting.[xi]

**End of Sidebar

In Richardson v. Ramirez the U.S. Supreme Court denied an equal protection challenge by ruling that Section 2 of the Fourteenth Amendment permits the removal of criminals from voter roles. [xii] Challenges based on the Voter’s Rights Act were similarly unsuccessful as courts refused to strike down felon disenfranchisement statutes because of an absence of causality between the statutes and historical patterns of discrimination.[xiii]

After a period of calm resulting from the failure of challenges based on equal protection and voter’s rights, federal courts of appeals have recently reinstated two challenges to such laws.[xiv] Johnson v. Bush revived a challenge to Florida’ s disenfranchisement laws. In granting summary judgment, the district court held that the disenfranchisement provision in Florida’s 1868 constitution was enacted “with the particular discriminatory purpose of keeping blacks from voting.”[xv] In Farrakhan v. Washington, the court described the “disproportionate impact on minority voting power” and “minority under representation in Washington’ s political process” that resulted from disenfranchisement.[xvi] The Johnson court similarly asked “whether felon status ‘interacts with social and historical conditions to cause an inequality in the opportunities enjoyed by black and white voters to elect their preferred representatives.’”[xvii] Each of these cases has resulted in optimism among critics of felony disenfranchisement laws.

**Sidebar: Impacting Elections

“Felony disenfranchisement laws, combined with high rates of criminal punishment, may have altered the outcome of as many as seven recent U.S. Senate elections and at least one presidential election.”[xviii] Research examining the impact of felony disenfranchisement suggests that the Democratic Party would have gained control of the U.S. Senate in 1986 and held control until the present. Results of the 2000 election “would have been reversed had just ex-felons been allowed to vote.” [xix] If disenfranchised felons in Florida had been permitted to vote, “Democrat Gore would certainly have carried the state, and the election.”[xx] Adding to the problems in Florida, where an estimated 600,000 former offenders were ineligible to vote, a flawed list of over 57,000 names was included in the list of felons denied the right to vote.[xxi]

**End of Sidebar

 Future Prospects

Felony disenfranchisement laws are under increased scrutiny. Since 1997, 16 states have taken steps to reform disenfranchisement laws, resulting in more than 600,000 people regaining the right to vote.[xxii] Following the 2000 presidential election, the National Commission on Federal Election Reform unanimously recommended that states not prohibit voting by people who have completed their sentences. [xxiii] As pressures to eliminate overly broad disenfranchisement laws continue, change is likely at legislative and judicial levels.

The public opinion tide may also have turned, with research indicating that 80% of Americans believe persons who have completed their sentence should have their right to vote restored.[xxiv] Support for voting rights even extends to violent felons, with 66% supporting voting rights for those who have served their entire sentence.[xxv] In the debate between a desire to punish and deter crime, versus a desire to promote and protect civil liberties, the latter appears to have greater public support.”[xxvi] If this perspective dominates future debate, further erosion on felony disenfranchisement laws can be expected.

Recommended Readings

Hull, E., (2006). The Disenfranchisement of Ex-Felons. Philadelphia: Temple University Press

Karlan, P., (2004). Convictions and Doubts: Retribution, Representation, and the Debate over Felon Disenfranchisement. 56 Stanford Law Review, 5.

Manza, J., and Uggen, C., (2006). Locked Out: Felon Disenfranchisement and American Democracy. New York: Oxford University Press.

Mauer, M., (2002). “Mass Imprisonment and the Disenfranchised Voter,” in Marc Mauer and Meda Chesney-Lind, eds., Invisible Punishment: The Collateral Consequences of Mass Imprisonment. New York: The New Press.

Uggen, C. and Manza, J., (2004). “Democratic Contradiction? Political Consequences of Felon Disenfranchisement in the United States,” American Sociological Review, 67(6), pg. 794.

Endnotes

[i] Fellner, J. and Mauer, M., (1998) Losing the Vote: The Impact of Felony Disenfranchisement Laws in the United States, Human Rights Watch and The Sentencing Project. http://www.soros.org/initiatives/justice/articles_publications/publications/losingthevote_19981001/losingthevote.pdf

[ii] Manza, J., and Uggen, C., (2006). Locked Out: Felon Disenfranchisement and American Democracy. New York: Oxford University Press.

[iii] Fellner and Mauer, pg. 1.

[iv] Marc Mauer, (2002). Felon Voting Disenfranchisement, 12 Fed. Sent. R. 248.

[v] The Sentencing Project (2006). Felony Disenfranchisement Laws in The United States. Washington D.C.: The Sentencing Project. http://www.sentencingproject.org/PublicationDetails.aspx?PublicationID=335

[vi] The National Voting Rights Act of 1965. 42 U.S.C. § 1973-1973aa-6

[vii] Ewald, A.C., (2002). “Civil Death: The Ideological Paradox of Criminal Disenfranchisement Law in the United States,” Wisconsin Law Review, 1045, 1060.

[viii] Reynolds v. Sims, 377 U.S. 533.

[ix] U.S. Constitution, amend. XIV, section 2 (emphasis added).

[x] Schall, J. (2006). The Consistency Of Felon Disenfranchisement With Citizenship Theory, 22 Harvard Blackletter Law Journal 53.

[xi] The Sentencing Project (2007). Federal Voting Rights for People with Convictions. Washington D.C.: The Sentencing Project. http://www.sentencingproject.org/PublicationDetails.aspx?PublicationID=574

[xii] Richardson v. Ramirez, 418 U.S. 24, 56 (1974).

[xiii] Wesley v. Collins, 791 F.2d 1255, 1261 (6th Cir. 1986).

[xiv] Karlan, P., (2004). Convictions and Doubts: Retribution, Representation, and the Debate over Felon Disenfranchisement. 56 Stanford Law Review 5.

[xv] Johnson v. Bush, 214 F. Supp. 2d 1333, 1339.

[xvi] Farrakhan v. Washington, 338 F.3d at 1011, 1017 n.14.

[xvii] Johnson v. Bush, 214 F. Supp. 2d 1333, 1339.

[xviii] Uggen, C. and Manza, J., (2004). “Democratic Contradiction? Political Consequences of Felon Disenfranchisement in the United States,” American Sociological Review, 67(6), pg. 794.

[xix] Uggen, 794.

[xx] Uggen, 792

[xxi] Palast, G., (2000). “Florida’s flawed ‘voter-cleansing’ program.” salon.com. http://dir.salon.com/story/politics/feature/2000/12/04/voter_file/index.html?pn=1

[xxii] King, R., (2006). A Decade of Reform: Felony Disenfranchisement Policy in the United States. The Sentencing Project. http://www.sentencingproject.org/Admin/Documents/publications/fd_decade_reform.pdf

[xxiii] National Commission on Federal Election Reform (2001). http://www.reformelections.org/ncfer.asp

[xxiv] Manza, J., Brooks, C., and Uggen, C., Public Attitudes Towards Felon Disenfranchisement in the United States. The Sentencing Project. http://www.sentencingproject.org/Admin/Documents/publications/fd_bs_publicattitudes.pdf

[xxv] Manza, F., Brooks, C., and Uggen. C., (2002). “”Civil Death” or Civil Rights? Public Attitudes Towards Felon Disfranchisement in the United States.” Institute for Policy Research Working Papers, WP-02-39, pg, 27.

[xxvi] Manza, (2002). pg. 28. http://www.northwestern.edu/ipr/publications/workingpapers/wpabstracts02/wp0239.html

15Apr/10

Correctional Education

Correctional Education

Kenneth W. Mentor
University of North Carolina Wilmington

Introduction

Although prison populations have grown at unprecedented levels over the last 30 years, legislation has resulted in significant cuts in correctional education funding. The debate over correctional education often focuses on the fairness of providing benefits for prisoners. On one side, opponents ask “why should prisoners get a free education? I have to pay for school and I am a law abiding citizen.” The other side of the debate reminds us that “these people are eventually going to get out. Don’t you want them to have skills that can help them stay out of trouble?”

While evidence supports those who argue for the importance of correctional education, crime related legislation is often influenced by the “get tough on crime” mentality. Ironically, this perspective has resulted in the elimination of many programs that were effective in reducing crime. Although much of the debate has focused on funding for college programs, funding cuts have harmed all education efforts. A broader examination of contemporary correctional education illustrates the range of programs offered in correctional institutions. The benefits of these programs extend to prisoners, correctional institutions, and society as a whole.

Background

The U.S. Department of Education defines correctional education as “that part of the total correctional process that focuses on changing the behavior of offenders through planned learning experiences and learning environments. It seeks to develop or enhance knowledge, skills, attitudes, and values of incarcerated youth and adults.”[i] The U.S. Department of Justice “recognize[s] the importance of education as both an opportunity for inmates to improve their knowledge and skills and as a correctional management tool that encourages inmates to use their time in a constructive manner.”[ii]

Eighty-four percent of all state and federal adult correctional facilities have some form of educational programming.[iii] Correctional educators provide courses in subjects including literacy, special education, English as a second language, and basic education courses leading to a General Equivalency Degree (GED). Programs also offer access to college courses, often as part of a degree program. Most programs focus on the development of basic academic skills, typically along with the completion of a high school diploma or equivalent.[iv] A 2004 survey indicates that 40 states offer adult basic education and GED instruction. Vocational programs were available in 69 percent of state institutions with all states reporting some vocational programs. Post-secondary education was available in 60% of these institutions.[v]

** Sidebar:

According to a UNESCO study based on data from over 60 countries, many of the 10 million prisoners worldwide have dropped out of school.[vi] In developing countries the large majority have never seen the inside of a classroom. Prisoners’ educational level is low throughout the world, in most cases below the national average. According to this study, while most countries claim that education is available to all inmates, the reality is quite different. The reasons are multiple – insufficient funding, lack of teachers, security problems, over-population and inmates’ own lack of interest. The UNESCO study emphasizes that education for all is a universal right and restriction of one’s freedom does not suspend that right. The authors call for more investment by governments, international organizations and NGOs, so that prisons become places of continuous and informal learning, rather than schools of crime.

** END of Sidebar

Correctional education may also focus on improving individual skills needed to productively function within correctional facilities. These courses include literacy, special education, and other learner specific areas. Courses may also include parenting, empathy skills, communication and dispute processing, cultural awareness, and other life skills necessary in, and out, of correctional facilities. Educational opportunities that center on the effective functioning of the institution include library science, barbering or hairstyling, auto and small engine repair, cooking, laundry and tailoring, carpentry, building maintenance, and other vocational skills that may lead to employment opportunities upon release.

In addition to advantages associated with the effective functioning of correctional institutions, prison education programs are among the best tools for reducing recidivism. Individuals who have taken courses while in prison improve their chances of attaining and keeping employment after release and are less likely to commit additional crimes. Individuals who completed college courses in prison also found, and kept, better jobs. These factors work together to reduce recidivism – those with more education find stable employment, which makes them less likely to commit crime.[vii]

The more education an inmate receives, the lower the rate of recidivism. Inmates who earned college degrees were the least likely to reenter prison. For inmates who had some high school, the rate of recidivism was 54.6%. For college graduates the rate dropped to 5.4%.[viii] A Texas Department of Criminal Justice study found that while the state’s overall rate of recidivism was 60%. The rate dropped to 13.7%, for those with associate degrees. The recidivism rate for those with Bachelor’s degrees was 5.6 percent.[ix] The Changing Minds[x] study found that only 7.7% of the inmates who took college courses returned to prison after release, while 29.9% of those who did not participate in the college program were reincarcerated.          Research demonstrates that crime prevention is more cost-effective than building prisons and that of all crime prevention methods; education is the most cost-effective.[xi] Those who benefited from correctional education recidivated 29% less often than those who did not have educational opportunities while in the correctional institution.[xii] Even small reductions in recidivism can save millions of dollars in costs associated with keeping the recidivist in prison. Additional costs are apparent when we consider that the law abiding individual will be working, paying taxes, and making a positive contribution to the economy. When we add the reduction of costs, both financial and emotional, to victims of crime, the benefits are even greater. Finally, stresses on the justice system are lowered when the crime rate is reduced.

Key Events

Education has always been a part of the correctional system in the United States. Since education is a key element in the focus on “corrections,” correctional education has made important contributions to the prison reform movement. Our emphasis is on contemporary correctional education, beginning in 1965, when Congress passed Title IV of the Higher Education Act. This Act permitted inmates, and other low income students, to apply for Pell grants to be used for college courses. Major themes of contemporary correctional education include an increase in post secondary programs and the expansion of federal influence.[xiii] In 1965, only 12 post-secondary correctional education programs were operating in the United States. Based in part on the availability of federal funding, there were 350 programs with approximately 27,000 inmates in 1982. This represented almost 9% of the total prison population at the time, receiving some form of post-secondary education.[xiv]

Although the cost was relatively low, the idea of providing Pell grants to prisoners was somewhat controversial and many argued for the elimination of these grants. Politicians suggested that grants to inmates were provided at the expense of law-abiding students. This argument was coupled with a belief that prison life was too “soft.” In response to this debate, Congress placed significant restrictions on corrections-based college programs with the passage of the Violent Crime Control and Law Enforcement Act of 1994.[xv] This Act eliminated Pell Grants for prisoners – with devastating effects. In 1990, there were 350 higher education programs for inmates.[xvi] By 1997, only eight programs remained.[xvii] The “get tough on crime” mentality had eliminated an effective crime reduction tool.

In the 1993-94 school year over 25,000 students in correctional facilities were recipients of Pell grants. Although Pell grants were not the only source of revenue for these programs, the grants provided a predictable flow of money that was relied upon for the continued functioning of these programs. Since correctional education programs offer courses in a variety of areas, institutions often rely on a range of funding sources. In addition to private and state funding, the federal government provides support to state correctional education through the Adult Education and Family Literacy Act.[xviii] However, funding has not kept pace with need. With no assurances of replacement funds, most correctional education programs have been forced to abandon efforts to provide college courses in prison.

** Sidebar

In the 1990’s we also began to see a dollar-for-dollar tradeoff between corrections and education spending. New York, for example, steadily increased its Department of Corrections budget by 76 percent to $761 million. During the same period, the state decreased funding to university systems by 28 percent, to $615 million.[xix] Much of the increase in corrections spending was the result of longer prison terms and the need for increased prison construction. The costs of policies that rely on longer periods of incarceration are placing limits on educational opportunities in correctional institutions, as well as educational institutions throughout the nation.

** End of Sidebar

Future Prospects

At least 26 states have mandatory correctional education laws that mandate education for a certain amount of time, or until a set level of achievement is reached. Enrollment in correctional education is required in many states if the inmate is under a certain age. These educational efforts are often directed toward the completion of a high school diploma or equivalency, and states typically provide funding based on success as measured by the rate of GED completion. The Federal Bureau of Prisons has also implemented a mandatory education policy that requires inmates who do not have a high school diploma or a GED to participate in literacy programs for a minimum of 240 hours or until they obtain their GED. In spite of controversies regarding funding, and policy responses associated with these debates, correction policies continue to define education as a core responsibility.

As the result of the imprisonment binge over the last 25 years, we are beginning to see prison releases at unprecedented levels. Due to strict sentencing guidelines, these prisoners have often served long mandatory terms and are released only when their terms have been completely served. Many are released unconditionally, without parole or other post-release supervision. Each of these individuals will be expected to begin leading a productive, law abiding life outside prison walls. Access to a quality education can increase their chance of success. The vast majority of incarcerated individuals will eventually be released. Society has the potential to save billions of dollars annually through the funding of prison academic programs that prepare individuals for a productive return to society. Even if an individual does recidivate, for each year they are not in prison prior to reincarceration, we continue to save money by not housing individuals for that time period.[xx]

Correctional educators continue to face scrutiny and pessimism from those who question the value of their work and the merits of providing educational opportunities to those who have committed serious crimes. Due to these controversies, many prisoners do not have the opportunity to participate in prison education programs. Given the unprecedented prison population, and the equally unprecedented rate of release, correctional education has the potential to save millions of dollars while improving the lives and opportunities of individuals who have served their time and have successfully paid their debt to society.

Recommended Readings

Batiuk, M., Moke, P. and Rountree, P. (1997). “Crime and Rehabilitation: Correctional Education as an Agent of Change – A Research Note,” Justice Quarterly, 14(1).

Fine, M., et.al. (2001) Changing Minds: The Impact of College in a Maximum Security Prison. The Graduate Center of the City University of New York. http://www.changingminds.ws/

Gerber, J. and Fritsch, E. (1993). Prison Education and Offender Behavior: A Review of the Scientific Literature. Huntsville, TX: Texas Department of Criminal Justice, Institutional Division.

Haigler, K. O., Harlow, C., O’Connor, P., and Campbell, A. (1994). Literacy Behind Prison Walls. Washington, DC: National Center for Education Statistics. http://nces.ed.gov/pubsearch/pubsinfo.asp?pubid=94102

Harer, M. (1995). Prison Education Program Participation and Recidivism: A Test of the Normalization Hypothesis. Washington, DC: Federal Bureau of Prisons.

Page, J, (2004). “Eliminating the enemy: The import of denying prisoners access to higher education in Clinton’s America.” Punishment & Society, Vol. 6(4).

Steurer, S., Smith, L., and Tracy, A. (2001). Three State Recidivism Study. Prepared for the Office of Correctional Education, US Department of Education. Lanham, MD: Correctional Education Association.

Tewksbury, R. and Stengel, K.M. (2006). “Assessing Correctional Education Programs: The Students’ Perspective.” Journal of Correctional Education, Vol. 57(1).

U.S. Department of Education, Office of Correctional Education (1994). “The Impact of Correctional Education on Recidivism 1988-1994,” Washington, DC: U.S. Department of Education.

Endnotes

[i] U.S. Department of Education, Office of Correctional Education (1994). “The Impact of Correctional Education on Recidivism 1988-1994,” Washington, DC: U.S. Department of Education.

[ii] Tolbert, M. (2002). State Correctional Education Programs. Washington, D.C.: National Institute for Literacy.

[iii] Wilson, D.B., Gallagher, C.A., and Coggeshall, M.B. (1999). “A quantitative review and description of correctional-based education, vocation, and work programs.” Correctional Management Quarterly, 3(1).

[iv] Foley, R.M., and Gao. J. (2004). Correctional education: Characteristics of academic programs

serving incarcerated adults, Journal of Correctional Education, 55(1).

[v] Foley

[vi] Maeyer, Marc de (2005). “Liberation through education: prisoners are among the most excluded from education, according to a UNESCO study.” Education Today, No. 14.

[vii] Batiuk, M., Moke, P. and Rountree, P. (1997). “Crime and Rehabilitation: Correctional Education as an Agent of Change – A Research Note,” Justice Quarterly, 14(1).

[viii] Harer, M. (1987). Recidivism Among Federal Prisoners Released in 1987. Washington DC: Federal Bureau of Prisons.

[ix] Gerber, J. and Fritsch, E. (1993). Prison Education and Offender Behavior: A Review of the Scientific Literature. Huntsville, TX: Texas Department of Criminal Justice, Institutional Division.

[x] Fine, M., et.al. (2001) Changing Minds: The Impact of College in a Maximum Security Prison. The Graduate Center of the City University of New York. http://www.changingminds.ws/

[xi] Greenwood, P.W., Model, K.E., Rydell, C.P. and Chiesa, J. (1996). Diverting children from a life of crime: Measuring costs and benefits. Santa Monica, CA: Rand.

[xii] Steurer, S., Smith, L., and Tracy, A. (2001). Three State Recidivism Study. Prepared for the Office of Correctional Education, US Department of Education. Lanham, MD: Correctional Education Association.

[xiii] Gehring, T. The History of Correctional Education. Available on the Correctional Education Association’s web site at: http://www.ceanational.org

[xiv] Wolford, B. I., and Littlefield, J. F., (1985). “Correctional Post-Secondary Education: The Expanding Role of Community Colleges.” Community/Junior College Quarterly of Research and Practice; 9(3)

[xv] Violent Crime Control and Law Enforcement Act of 1994. H.R.3355 (1994). http://thomas.loc.gov/cgi-bin/query/z?c103:H.R.3355.ENR:

[xvi] Wolford

[xvii] Center on Crime, Communities, & Culture. (1997). “Education as crime prevention: Providing education to prisoners.” Research Brief (2). New York: Occasional Paper Series.

[xviii] Workforce Investment Act of 1998, Pub. L. No. 105-220, § 231.e. Stat. 1071 (1998). http://www.ed.gov/policy/adulted/leg/legis.html

[xix] Gangi, R., Schiraldi, V., and Ziedenberg, J. (1998). New York State of Mind: Higher Education v.s Prison Funding in the Empire State, 1988-1998. Washington, DC: The Justice Policy Institute.

[xx] Taylor, J.M, (1992). “Post-secondary correctional education: An evaluation of effectiveness and efficiency,” Journal of Correctional Education, 43(3).

 

15Apr/10

Adult Continuing Education in Prison

Adult Continuing Education in Prison

The following unedited or draft essay by Kenneth Mentor was published in the Encyclopedia of Crime & Punishment (Sage, 2002).

Corrections educators provide courses in a variety of subjects including literacy, special education, English as a second language, vocational, college, parenting, and general educational development courses leading to a GED. The U.S. Department of Education defines correctional education as “that part of the total correctional process that focuses on changing the behavior of offenders through planned learning experiences and learning environments. It seeks to develop or enhance knowledge, skills, attitudes, and values of incarcerated youth and adults.” Similarly, the U.S. Department of Justice “recognize[s] the importance of education as both an opportunity for inmates to improve their knowledge and skills and as a correctional management tool that encourages inmates to use their time in a constructive manner.” (cited in Tolbert, 2002, pg. 15)

BENEFITS OF EDUCATION

Studies indicate that there are a number of benefits associated with education in prison. For example, one study indicated that those who benefited from correctional education recidivated 29% less often that those who did not have educational opportunities while in the correctional institution. Even small reductions in recidivism can save millions of dollars in costs associated with keeping the recidivist offender in prison for longer periods of time. Additional costs are apparent when we consider that the individual, had he or she not committed another crime, would be working, paying taxes, and making a positive contribution to the economy. When we add the reduction of costs, both financial and emotional, to victims of crime, the benefits are even greater. Finally, the justice system as a whole, including police and courts, saves a great deal of money when the crime rate is reduced.

A 1987 Bureau of Prisons report found that the more education an inmate received, the lower the rate of recidivism. Inmates who earned college degrees were the least likely to reenter prison. For inmates who had some high school, the rate of recidivism was 54.6 percent. For college graduates the rate dropped to 5.4 percent. Similarly, a Texas Department of Criminal Justice study found that while the state’s overall rate of recidivism was 60 percent, for holders of college associate degrees it was 13.7 percent. The recidivism rate for those with Bachelor’s degrees was 5.6 percent. The rate for those with Master’s degrees was 0 percent. Similarly, the Changing Minds study found that only 7.7% of the inmates who took college courses at Bedford Hills returned to prison after release, while 29.9% of the inmates who did not participate in the college program were reincarcerated. The study calculates that this reduction in reincarceration would save approximately $900,000 per 100 student prisoners over a two-year period. If we project these savings to the 600,000 prison releases in a single year, the saving are enormous.

In addition to benefits related to recidivism, prison-based education programs also provide benefits related to the functioning of prisons. These programs provide incentives to inmates in a setting in which rewards are relatively limited. These classes also offer socialization opportunities with similarly motivated students and educators who serve as positive role models. Educational endeavors also keep students busy and provide intellectual stimulation in an environment that can be difficult to manage when prisoners break rules in a search for activity that breaks the monotony of prison life. These programs also provide a “light at the end of the tunnel” that can serve as a stabilizing force for the individual who might otherwise view his or her situation as somewhat hopeless. Many prisons provide incentives for inmates who participate in adult basic education. Opportunities to earn privileges within the facility, increased visitation, and the accumulation or loss of “good time” that can lead to earlier parole, are used to motivate the student while providing incentives for appropriate behavior within the facility.

CHALLENGES

Prison educators face many challenges. Inmates who choose to enroll in corrections-based courses are not necessarily any different from the typical student. As in any class, the range of abilities can include very gifted students, students who face challenges, and students who have various motives for enrolling in the course. The educator’s challenge is compounded by the uniqueness of prison culture and the need for security. Prisons adhere to strict routines that may not be ideal in an educational setting. In addition, inmates are often moved from one facility to another. This movement interrupts, or ends, the individual’s educational programming. These structural issues are accompanied by social factors that can further limit learning opportunities. For example, other prisoners may not support the individual’s educational efforts. Although the student may be very motivated to earn an education, he or she remains in an environment in which conflicting demands may limit the opportunity to act on that motivation. In addition, prison administrators may also have varying degrees of support for education – especially if they see education as a threat to the primary functions of security and control.

Adult basic education programs rely on a range of funding sources. Since these programs offer courses in a variety of areas, the institutions may need to rely on a range of funding sources. Some sources will provide general funds while others will provide funding for specific programs. Many states have mandatory education laws that require correctional educations courses for any inmate who scores below a certain level on a standardized test. At least 26 states have mandatory corrections education laws that mandate education for a certain amount of time or until a set level of achievement is reached. Enrollment in correctional education is also required in many states if the inmate is under a certain age, as specified by that state’s compulsory education law. The states typically provide funding based, in part, on success as measured by the rate of GED completion. The Federal Bureau of Prisons has also implemented a mandatory education policy that required inmates who do not have a high school diploma or a GED to participate in literacy programs for a minimum of 240 hours or until they obtain their GED.

ADULT EDUCATION AND FAMILY LITERACY ACT

In addition to state funding, the federal government provides support to state correctional education through the Adult Education and Family Literacy Act (AEFLA), which became law in 1998. However, funding is not keeping pace with need and the AEFLA has not improved this situation. The AEFLA continues to provide funding but altered the formula for state funding. Prior to 1998, states were required to spend at least 10 percent of AEFLA funds on educational programming in correctional institutions. The law now requires that they spend no more than 10 percent. Similar limitations were placed on funding as the Perkins Vocational and Technical Act was amended in 1998 to require that no more that one percent of federal funding for vocational and technical education programs be spent in state institutions, including correctional institutions. Congress placed even more significant restrictions on corrections-based college courses with the passage of the Violent Crime Control and Law Enforcement Act of 1994. This Act eliminated Pell Grants for prisoners with devastating effects. In 1990, there were 350 higher education programs for inmates. In 1997, there were 8.

Legislation over the past 20 years, a time in which the prison population has grown at unprecedented levels, has resulted in significant cuts in corrections education funding. This has resulted in the elimination of many programs. Ironically, the “get tough on crime” mentality resulted in the elimination of many programs that were effective in reducing crime. In the 1990’s we began to see a dollar-for-dollar tradeoff between corrections and education spending. New York, for example, steadily increased its Department of Corrections budget by 76 percent to $761 million while decreasing funding to university systems by 28 percent, to $615 million. Research by the RAND Corporation demonstrates that crime prevention is more cost-effective than building prisons and that of all crime prevention methods; education is the most cost-effective. However, states were committing an increasing percentage of their budgets to fund longer prison terms and increased prison construction.

 Conclusion

Studies consistently indicate that an individual who benefits from education while in prison is less likely to return to prison than someone who has not had the benefits of Adult Basic Education while in prison. There is some question as to why corrections-based education leads to lower recidivism. Many of the benefits of education are difficult to measure. As such, it may be difficult to show a clear relationship between educational opportunity and recidivism. However, an intervening factor, the ability to find and hold a job, appears to clearly demonstrate the benefits of corrections-based Adult Basic Education. Individuals who take courses while in prison improve their chances of attaining and keeping employment after release. As a result, they are less likely to commit additional crimes that would lead to their return to prison. Individuals who benefited from college courses in prison also found better jobs and held these jobs for longer periods of time. It is clear that these factors work together to reduce recidivism – those with more education find stable employment which makes them less likely to commit crime.

The vast majority of incarcerated individuals will eventually be released. The imprisonment binge over the last 20 years has created a situation where we are beginning to see prison releases at unprecedented levels. Due to strict sentencing guidelines, these prisoners have often served long terms and are released only when their terms have been completely served. As a result, many are released unconditionally, without parole or other post-release supervision. Each of these individuals will be expected to begin leading a productive, law abiding life outside prison walls. It is clear that access to a quality education increases the individual’s chance of success.

FURTHER READING

Batiuk, M, Moke, P.and Rountree, P. (1997). “Crime and Rehabilitation: Correctional Education as an Agent of Change – A Research Note,” Justice Quarterly, 14(1).

Bureau of Justice Statistics (2002). “Key crime and justice facts at a glance.” http://www.ojp.usdoj.gov/bjs/glance.htm

Fine, M., et.al. (2001) Changing Minds: The Impact of College in a Maximum Security Prison. The Graduate Center of the City University of New York. http://www.gc.cuny.edu/folio/index.htm.

Gerber, J. and Fritsch, E. (1993). Prison Education and Offender Behavior: A Review of the Scientific Literature. Huntsville, TX: Texas Department of Criminal Justice, Institutional Division.

Greenwood, P.W., Model, K.E., Rydell, C.P. and Chiesa, J. (1996). Diverting children from a life of crime: Measuring costs and benefits. Santa Monica, CA: Rand.

Haigler, K. O.; Harlow, C.; O’Connor, P.; and Campbell, A. (1994). Literacy Behind Prison Walls. Washington, DC: National Center for Education Statistics.

Harer, M. (1995). “Prison Education Program Participation and Recidivism: A Test of the Normalization Hypothesis,” Washington, DC: Federal Bureau of Prisons.

LoBuglio, S. (2001). “Time to reframe politics and practices in correctional education.” In J. Comings, B. garner and C. Smith (Eds.), Annual Review of Adult Learning and Literacy, Vol.2. San Francisco, CA: Jossey-Bass.

Steurer, S., Smith, L., Tracy, A. (2001). “Three State Recidivism Study”. Prepared for the Office of Correctional Education, US Department of Education. Lanham, MD: Correctional Education Association.

Tolbert, M. (2002). “State Correctional Education Programs.” Washington, D.C.: National Institute for Literacy. http://www.nifl.gov/nifl/policy/st_correction_02.pdf

U.S. Department of Education, Office of Correctional Education (1994). “The Impact of Correctional Education on Recidivism 1988-1994,” Washington, DC: U.S. Department of Education.

05Dec/09

Keeping it Radical: Exploring Income, Income Inequality and Poverty Data for the US.

Keeping it Radical: Exploring Income, Income Inequality and Poverty Data for the US

Michael J. Lynch (Department of Criminology, University of South Florida)

This study reports on data reported in:
“Income, Poverty, and Health Insurance Coverage in the United States, 2007”
US Bureau of the Census.
By Carmen DeNavas-Watt
Bernadette D. Proctor
Jessica C.. Smith
Current Population Reports. (P-60-235).

August, 2008.

http://www.census.gov/prod/2008pubs/p60-235.pdf

The following discussion presents a summary along with some implications from a portion of the data present in the 2008 US Bureau of the Census report “Income, Poverty and Health Insurance Coverage in the United States, 2007” (August; Current Population Reports, P-60-235; see http://www.census.gov/prod/2008pubs/p60-235.pdf.  These summaries and interpretations are offered to aid other criminologists in obtaining, using and understanding US income, poverty and inequality data.

The use and interpretation of income, income inequality and poverty data are important aspects of doing radical criminology. Radical criminology, in order to strip away ideological images and reveal the material conditions in a society that impact the life patterns, life-styles, life courses, and the life chances and choice the ordinary people who live in and make up the majority of society, must continually refer to and use data that addresses dimensions of class relationships and power upon which society is built. Doing so requires employing data to address the structural relationships and forms of equality that support the basis of inequality in a class-based society.

In recent years, much of critical criminology has attempted to shift the analysis of crime, justice, law, social control and life issues to the non-material conditions of life. In those views, for example, the making of culture and the construction and limits of language as a structure has replace the focus on class relations, power relations, and other structural dimensions of inequality as the most important theoretical and practical concerns. This has lead to an extra-ordinarily wide-spread neglect of more traditional materialist theoretical and empirical work, though such work continues to remain a prominent concern in other disciplines.

Criminological perspectives based in post-modern and cultural explanations have contributed to undermining class analysis within criminology. In addition, these approaches offer less of a challenge to orthodox criminology, and one rarely noted refer to this work within the orthodox criminological literature. Perhaps those engaged in these forms of critical criminology are uninterested in this observation or in having their work effect orthodox theorizing.  In such a case, critical criminology has abandoned one of its central concerns, or at least a central concern of its radical variants, which is not only to get to the root of social problems, but to understand those problems in ways that force a change in how they are understood, and upon which active social policies may be built (See Lynch and Michalowski, 2006, Primer in Radical Criminology, Monsey, NY: Criminal Justice Press).  This is based on Marx’s notion that “the point isn’t to interpret the world. The point is to change it.” It is toward this end that there continues to be a need to keep abreast of, examine, interpret and describe the uses of data on class relationships such as income, income inequality and poverty.

Median Household income over time.

From 1967 to 2007, or over 40 years, real median household income in the US rose $ 11,462 or from $38,771 in 1967 to $50,233 by 2007. This fact, in itself, seems quite significant, and on some level appears to indicate the economic advancement of the average family in the US over the past four decades. Consistent with, it seems, capitalist ideology, in the long run, people in a capitalist society are better off. As capitalism advances, as more value is produced, these values become more widely distributed, appearing, for example, as a “trickle-down” economic effect which enhances the standing of the average person in society.

In reality, when we interpret and reassess the meaning of the rise in median household income over the past forty years, it becomes clear why the above interpretation is not only misleading, but entirely inadequate as an explanation of what has happened to median family income over the past forty years.

To understand what has happened to median family income over the past forty years, let us first transform the rise in median family income into a percent gain.  Over this 40 year period, real median household income increased by 29.6 %, which appears to be a substantial gain.  However, we must realize that this gain, this additional $ 11,462, occurred over a very long time period, and in order to get a better picture of what this means, we need to divide the 20.6% gain (or the $ 11,462 gain) by the forty years over which this gain occurred. Doing so, we find that the nearly 30% gain in median income experienced by families was less than a 1 percent (0.73%) annual gain. Moreover, on an annual basis, the expansion of median family income amounts to only $286.55 per year.

Thus, once we consider the average annual gain, the income gained by the average US family over the past forty years turns out to be quite small. In fact, it is even smaller than these statistic, which treat the gain annually, reveals.

Why are the gains made by the average family even smaller than they appear? In short, because in calculating the average annual gains over the past forty years we have yet to take account of inflation.  Indeed, if we examine the rate of inflation we find that the gain in income falls well below the rate of inflation for this time period. Consequently, this slow rate of income growth that occurred over the past forty years indicates that the average US family lost ground to inflation over this time period, or that the average American family in 2007 was worse off economically than the average American family in 1967.

How much worse off was the average family in 2007 compared to 1967? Much worse off than most Americans would imagine. This can be illustrated in two ways: by examining actual changes in the median family-inflation ratio, and by examining a hypothetical situation where the rate of inflation is set to a predetermined rate.

Let us begin with the predetermined hypothetical rate scenario since here we will set the rate of inflation quite low in order to illustrate the effect of the real rate of inflation on mean family income. In the predetermined example, let us set inflation to only 1% per year or just slightly greater than the annual rate of increase in real median family income for this period which was 0.73%.  Here, we are interested in discovering the effect of a rate of inflation that is only fractionally higher than the rate of growth in income – a rate which is just 0.27% higher per annum.

At a 1% annual inflation rate, the average family is only losing 0.27% a year to inflation, which seems like a rather small amount. Even with this small difference, a family earning $38,771 in 1967 would need to earn $57,208.17 in 2007 to keep pace with inflation where inflation is a mere 1%.  Yet, in 2007 the median American family earned only $50,233, or found themselves $6,975 behind the rate of inflation IF the rate of inflation were only 1 percent per year. At only 1%, then, the median inflated household income of $57,208 was nearly 14 percent higher than actual median family income for this time period ($50,233). And, unfortunately for the average American family, the rate of inflation was been much higher on an annual basis throughout this time period than the hypothetical 1 percent rate this example employed..

What was the real difference between the 40 year rate of inflation in the US and the 40 year gain in median family income? For the period 1967-2007, the average real annual inflation rate was 4.67%, substantially higher than the low inflations rate of 1% set in our predetermined example.  According to the Bureau of Labor Statistics inflation calculator (http://data.bls.gov/cgi-bin/cpicalc.pl), the buying power of $38,771 in 1967 – the median family income in 1967 – –  was equivalent to the buying power of $240,684 in 2007 !!!! In other words, once inflation is considered, median family income would need to increase by 520% between 1967 and 2007 to keep pace with 1967 purchasing power. As noted, between 1967 and 2007, median family income rose by only about 30% to $50,223. This figure is more than $190,000 less than the median family income needed just to keep pace with the real rate of inflation during this time period.

Over time, then, the average American family lost substantial ground in terms of income.

Today’s family is far worse off than the typical family in 1967.  Thus rather than hard work producing substantial gains for most Americans, hard work produces substantial declines in family income; rather than the vast wealth produced in the US over this time period being shared, it appears that this is not the case; rather than getting a head, the average family fell far behind. On top of these unfortunate circumstance, these income losses were distributed differently across households with distinct characteristics, and some households suffered more so than others.

In short, the average US family was worst off in 2007 than in 1967, so much worse off that this may be hard to contemplate.  To some extent, knowing that this is true helps explain other significant issues in the US economy which are not the focus of the present discussion such as the extraordinary expansion of credit during this time period (Note: the rapid and widespread expansion of credit is needed to continually fuel economic expansion in a capitalist economy where the share of income accumulated by the average family is shrinking; that is, as economic class inequality expands and relative income for the mass of families decline, this contradiction can only be solved by the expansion of credit, which at some points created its own problem since the amount of credit extended to the mass of families will need to surpass the income of those families in order to maintain expanding consumption, which will clearly cause an economic collapse, especially in an economy where the transition from a manufacturing base is already well underway, and where the only option is to become an exporting rather than an importing nation, or, in contrast to the Obama economic stimulus package, to constrain domestic consumption while promoting foreign consumption of US products. But, this is the material for an entirely separate analysis).

Household Characteristics and Median Family Income, 2007. 

Related and Unrelated Households. For 2007, median family income varied significantly with household characteristics. For example, the median household income for married couples was $ 72,785, a figure that is nearly 45% higher than overall or non-differentiated median family income for 2007. Compared to married couples, median household income was significantly lower for other household relationship categories such as male-headed households without a wife ($49,839; less than 1 percent lower than median family income, but 31.5% lower than married couple median household income); female-headed, no husband households ($33,330;  33% lower than male-headed households, and 54% lower than married couple median household income). In comparison, non-family member household had the lowest median income at $30,176.

Race and Ethnicity. Significant variation also exists between median household income by race/ethnicity of household. For example, the median income of Asian households was $66,103; for White-non-Hispanic households median income was $54,920 (about 17% lower); for Black households $33,916 (approximately 49% lower than for Asian households and 38% lower than White-non-Hispanic households). In addition, median family income for Hispanic households of any race ($33,679) were similar to median household incomes for Blacks, though among all racial and ethnic groups, median Hispanic household income was the lowest.

Racial and ethnic differences in household income appear fairly substantial, and actually exaggerate racial and ethnic difference in income.  Indeed, racial and ethnic distinctions in income are less evident in per capita median income comparisons made across racial and ethnic groups. It is important to note that the difference between per capita and median household income for race and ethnicity comparisons are affected by the number of wage earners each method reflects. For example, there is no standard number of wage earners in a household, and a higher median household income across racial or ethnic groups may, for example, reflect the number of wage earners in an average household for each racial and ethnic group rather than the actual difference in income for individuals in each racial and ethnic group. In order to account for variations in household size across racial and ethnic groups, median per capita income levels should, therefore, also be consider since these remove the effects of multiple wage earners included within median household calculations.

The Census indicates that on a per capita basis, White, non-Hispanics earned the highest mean income in 2007 — $31,051, compared to Asians ($29,901), Blacks ($18,428) and Hispanics of any race ($15,603), which provides a slightly different rank order of racial/ethnic groups when measuring mean income.

 

Despite the difference between per capita incomes by race/ethnicity and median household incomes by race/ethnicity, the relative rank order of the relationship between race/ethnicity and income is fairly consistent across these methods, although these methods would lead to a fairly significant difference with respect to indentifying the top earning racial/ethnic group. The following table shows the differences in income ranks for median household income compared to per capita income by race and ethnicity for 2007:

Rank by Race/Ethnicity by Different Income Measures

Per Capita                   Median Household

White, Non Hispanic                      1                                        2

Asian                                             2                                        1

Black, Non-Hispanic                      3                                        3

Hispanic, Any Race                        4                                        4

One reason that race/ethnicity estimates of income by family and individual varies is related to the effect of the number of wage earners within families of different racial and ethnic origins. The data on median household and per capita incomes can be used to estimate the number of wage earners in a household. This is accomplished by taking a ratio of the median household income to per capita income by racial and ethnic groups. For example, for white, non-Hispanics, the median household/per capita income ratio is 1.77, meaning that, on average, White-non-Hispanic families are expected to contain 1.77 income earners.  For Asians, the ratio is 2.21, meaning that Asian households on average have 2.21 income earners. For Blacks, the ratio is 1.84, indicating an average of 1.84 income earners in the average Black household.  Finally, for Hispanic families of any race, the family/per capita ratio is 2.16 indicating that for Hispanic families there are an average of 2.16 income earners per household.

Income Inequality

An important concern is the extent to which income is distributed unequally. Generally, it is assumed that the distribution of income reflects effort or the idea that economic reward is commensurate with the amount of work one does, or in what we will call the work-reward paradigm. Above, this idea was challenged by, for example, evidence that differentials in income were seen across both families and individuals depending upon race and ethnicity. In the work-reward paradigm, the existence of these differentials must mean that (in the household income example) Asians work harder than Whites, who work harder than Blacks who work harder than Hispanics.  We could, of course, address this issue directly if data on hours worked by race were available, but even hours worked data may not indicate how hard someone works or how hard they prepared for that work, or even the degree of difficulty associated with a particular form of work, such as its requirement for hard, physical labor on a sustained, repeated basis.

In any event, here we are less concerned with the reasons for inequality and instead focus on two primary issues. First, establishing that income inequality exists and second that contrary to what many believe, income inequality in the US is fairly extensive.

Since our focus here is on establishing the nature of income inequality in general and in demonstrating the class issues involved, we will leave aside issues that blend income inequality and race/ethnicity. Although this is obviously an important concern it is beyond the scope of the present discussion.

In order to describe income inequality, it is necessary to have an indicator or measure of the extent of inequality. Such a measure is readily available in the GINI coefficient of income inequality, or for short, the GINI coefficient.  While the GINI coefficient provides one widely employed measure of income inequality, it is not an intuitive measure and requires some explanation. Consequently, here let us instead examine the distribution of incomes by comparing the percentage of income found in each population quintile.

A population quintile is made up of 20% of the population. In a society where incomes are fairly evenly distributed, one would expect that the percentage of income associated with each quintile would be nearly identical to the percentage of the population within a quintile. In other word, if we took the lowest 20% of wage earners in a society where income was distributed evenly, we would expect that this would also represent about 20% of the population more generally. That is, twenty percent of the population would receive twenty percent of the income in a society with an equity based income distribution.

Unfortunately, in the modern word income is not distributed so evenly. Indeed, income is often distributed quite unevenly. Sometimes, the inequality in the distribution of income is so lopsided that we are shocked to discover its true extent.

As noted, in order to examine the distribution of income across the population, we will compare income across population quintiles. In the Census data examined here (Series P-60-235), the income data is family based meaning that the inequality and income measures represent income inequity across families rather than individuals.

If we divide the US population of families into quintiles or fifths, with each fifth representing 20% of families, we might expect to see some evidence of unequally distributed incomes given that in the US there is an assumption that incomes are based on “work effort” rather than “need” or “equity” divisions (here, we will not address the assumption of distribution of income reflecting work effort, and instead simply note that much work has critiques the basis of this assumption such as Robert Frank And Phillip Cooks, The Winner Take all Society: Why the Few at the Top Get So Much More than the Rest of US). Indeed, when we examine the relationship between income quintiles and family quintiles (see Table 1), there is only one quintile – the fourth quintile – in which the distribution of the (family based) population and income is fairly equivalent. In the fourth quintile, which is the second highest income group, consists of 20% of families and 23.4% of the income for the US. (*One of the issues that cannot be address here is the relationship between individuals and income since these data are based on families).

Interestingly, the income for the 4th quintile is only slightly skewed or unequal. If, for example, we defined equity (e) as the ratio of income percentage (p i) to the family quintile percentage (p f-q) or as e = p i / p f-q, then e would be 1 in all cases where there is equality because p i  = p f-q.  In contrast, when the income distribution is skewed so that a quintile is receiving income greater than its family distribution, it will have an equity skewness index (esi) greater than 1.  For the 4th quintile, the ESI is 23.4/20 = 1.17. In other words, the ESI of 1.17 indicates that each 1 percentile in the quintile (recall that a quintile is made up of 20 percentiles) earns 0.17 percent above the state of equity or equal income distribution.

If we reexamine Table 1 paying attention to the ESI,  we see that the first three quintiles or the lowest family income quintiles have ESIs below 1, indicating that these quintiles receive less income than expected if income were evenly distributed. How uneven is the income distribution? Fairly uneven —  the first quintile or 20 percent of families receives only 3.4 percent of all income; the second quintile, 8.7 percent of income, and the third quintile, 14.8 percent of income. All together, this 60 percent of families receives only 26.9 percent of all income.

The problem of inequity at the bottom end where income is under distributed necessarily involves income being over-distributed at the top end. In other words, the problem for the bottom one-fifth and by extension the bottom three-fifths of the population is that the top quintile keeps so much income. The problem, in other words, is that the fifth or highest income quintile earns an extraordinarily unequal share of income. But, more importantly, within this quintile is the influence of the top 5 percent of wage earners. While the top 20 percent of families take home almost half – 49.7 percent – of all income, the top 5 percent of families alone take home 21.5 percent of all income.

The problem this data displays is that the poor are very poor and that their condition is a consequence of having a small group of families that are very rich. We will return to this point below.

Another way to illustrate the extent of this poverty and inequity produced by the current distribution of incomes across families is to create in Table (which shows each quintile, the percent of income for each quintile, population percentage grouping, and the ESI) a measure of dollar per family distribution of income (DPFDI) and the DPFDI ratio.  To derive the DPFDI and its ratio, we simply impose an assumption over these data which is a mathematical representation of these data: namely that each population percent is equivalent to one family. All this assumption accomplishes is that it translates a percentage into a family so that we create a population of 100 families that directly reflect the income distribution found in society. In other words, in the first group (the old lowest quartile) there is 20 percent of the population, or in a population of 100 families, 20 families, and so on across each quartile with the exception of the 5th quartile which was split into two groups to allow an examination of income inequality for the highest 5 percent of families (or in this case 5 persons) in the population of 100 families.

The DPPDI represents the dollar amount earned by each family.  It is calculated as a mean relative to each category, and reflects the amount earned for each $100,000 of gross income across all 100 families.  The DPPDI ratio measures income inequality relative to the mean income of a member of the top 5 percent.  The DPPDI shows, for example, that for every dollar earned by a family in the lowest quintile (bottom 20 percent; Q 1), a person in the top 5 percent of society (Q 5-2) earns $101.2.

The DPFDI indicates that even among the wealthiest 20 percent of families (Q 5-1 and Q 5-2) there is a large disparity in the distribution of income. Compared to the top 5 percent of wage earners (Q 5-2), the remaining portion of the top quintile of income earners (Q 5-1) makes, on average, $ 6.9 dollars less for every dollar earned by a Q 5-2 family.  In the event this sum looks paltry, consider that income earners – the top one percent of individual earners – earned an average income of $1.1 million in 2005. That same year, the top 1/10 th of one percent of top individual income earners – about 300,000 people — took home an average of $ 5.6 million each.  At an even more extreme level, the top 1/100th percent of income earners – the top 30,000 income earners in the US – made, on average, $25.7 million in 2005 (http://www.wsws.org/articles/2007/mar2007/inco-m30.shtml).  In other words, if you make $6.9 dollars for every dollar I make, and you made $ 1.1 million dollars, then I would have made only $159,430, or $ 940,540 less. That $940,540 dollars is the difference between being in the top 1 percent of wage earners and being in the 80-95 percentile range.

Table 1: Income Distributions by Quintiles* (% Population), Equity Rations (ESI), and Per Family (DPPDI), 2007

% Population               %Income         ESI      Mean $            DPFDI                        DPFDI Ratio

___________              ________        ____    _______          ______            __________

20 (Q 1)                       3.4                   0.17     $  3,400           $ 170                    101.2

20 (Q 2)                       8.7                   0.435   $  8,700           $ 435                      39.5

20 (Q 3)                       14.8                 0.74     $14,800           $ 740                      23.2

20 (Q 4)                       23.4                 1.17     $23,400           $ 1,170                   14.7

15 (Q 5-1)                   28.2                 1.88     $37,600           $ 2,507                     6.9

5 (Q 5-2)                   21.5                 4.30     $86,000           $ 17,200               ——–

* The quintile measure (Q 1, Q 2, etc.,) is divided for the 5th quintile into two parts: (1) Q 5-1, or the bottom 15 percent of the 5th quintile, and (2) Q 5-2, the top 5 percent of the 5th quintile or the richest 5% of the entire population of families.

Income Inequality Reconsidered

There is, in the US, much concern that any effort to redistribute income would adversely impact the majority of society, producing, for example, a disincentive for innovation, productive activity, and economic investment.  Furthermore, the assumption that investment by the rich is needed to stimulate continued economic growth has become a more common and widespread assumptions since the 1980s, when the super-rich among the population were granted “tax incentives” (tax cuts) to accelerate economic growth through “trickle down” spending. However, as the recent recessionary period of the 21st century has indicated, this is indeed not the case; the rich cannot and do not save the economy from crisis. Indeed, tax cuts to the rich appear to restrict capital turnover by causing a higher proportion of net income to be absorbed into saving and investment among those with elevated incomes, or which only stimulate narrow portions of the economy tied to luxury consumption (in the way, for example, suggested by Thorsten Veblen in his 1899 book, Theory of the Leisure Class, http://xroads.virginia.edu/~Hyper/VEBLEN/veblenhp.html).

Regardless of these assumptions, income in the US was, earlier in the twentieth century, much more evenly distributed in the US.  One of the factors that contributed to greater income equality was the highly progressive tax structure that characterized early 20th century America (see, US Federal Individual Income Tax Rates History, 1913-2009, http://www.taxfoundation.org/publications/show/151.html). Moreover, despite this highly progressive tax rate, economic investment was not discouraged, individuals amassed great wealth, and the US economy expanded and grew at a steady, and if not at time a rapid pace.

With respect to the progressive tax structure in early 20th century America, consider that in 1917 the income tax rate for persons earning over $500,000 was 54% to 67%. A tax rate in excess of 50% or more on incomes of more than $500,000 was in effect until 1924 before it was lowered to 25% for income earners over $100,000. The 25% tax rate remained in effect until 1932, when the tax rates for upper income groups (greater than $100,000) reverted to 56% to 63%.

The tax break for the rich which occurred from 1924 through 1931 was an historical aberration during the early 20th century. In 1936, the tax rate for upper income levels increased. Income rates for all income levels rose during World War II. By 1950, these persistent tax increases meant that a married couple filing jointly earning in excess of $150,000 was taxed at a rate of 90 percent.

In the 1950s, as economic growth accelerated, tax rates declined – which was somewhat a paradoxical policy since extensive economic growth after WWII occurred despite high tax rates. By the mid-1950s, tax reform efforts pushed the income levels for those taxed at the highest level (still 90 percent or more) to $300,000. Granted, $300,000 was a fairly high income, and in 2009 dollars was equivalent to approximately $2.3 million dollars. Nevertheless, through the mid-1950s, income taxes helped redistribute incomes and were extraordinarily progressive, especially at the highest income levels.

The 1964 tax revisions lowered the tax rate on those earning $200,00 or more to 76.5%, effective excluding those with the highest incomes from paying the 90% tax rate that was historically established. Further tax reductions for upper income individuals occurred in 1965. Tax rates for the highest income groups remained relative stable for the next 15 years.

Significant tax reductions for upper income groups and a shift to accelerated tax rates for lower income groups occurred in the early 1980s. In the early 1980s both the rate of taxation and the level of taxable income affected by tax rates were radically changed. For example, the tax rate for families in the highest tax bracket was lowered to $85,600 – which effectively expanded a portion of the tax base at the lowest end of the upper income levels for families —  while the tax rate for this newly defined high income group declined to 50 percent.  By 1984 the income level for the highest income tax rate nearly doubled to $162,400, and increased through 1987. Further tax reductions for the highest income groups were achieved in the major federal tax reforms of 1988 which reduced the tax rate on families earning more than $150,000 to only 28 percent. This reduction was significant for several reasons. First, it marked the lowest tax rate on the highest income earners in the 20th century. Second, this kind of tax structure clearly indicated that taxation would no longer be used to help maintain an equitable distribution of incomes in the US. Third, the regression of the tax rate on the upper income group also indicated that  there was no longer an assumption that it was part of the wealthy’s responsibilities to employ their good fortune for the benefit of society or for the greatest good, or that the government should help reinforce that value system through a progressive tax structure. Finally, the declining tax rate on  the upper income group also made it evident that the state would now function more openly in defense of the power of the upper income and propertied classes.

It should be noted that the drastic tax cuts on upper income groups that occurred in 1988 were marked by a second tax strategy that revealed the basis and class bias in the new tax structure. That bias was evident in the tax rate paid by the second highest tax bracket – families earning from $71,900-$149,999 – which paid a higher income tax rate of 33 percent or 5% more than families in the highest income bracket. In effect, in the late 1980s, income earners got a tax break for being richer than other income earners, a practice that was revoked by 1992 federal tax reforms.  Currently, the highest effective tax rate is 35 percent on income earners (married filing jointly/families) receiving more than $372,950.

As indicated above, tax rates in the first half of the 20th century were much higher for the highest income levels – in a number of years exceeding 90% for those at the top of the income scale. This level of taxation did not derail America’s economic growth and, perhaps, contributed to greater income equity by lowering the tax rates for lower income groups and by redistributing incomes. In recent years, however, there has been an increased tendency to believe that high tax rates retard economic growth even though evidence prior to the mid-1960s suggests that this assumption is incorrect. Perhaps there is also an assumption that progressive tax rates on upper income groups appeared “socialistic,” even though this kind of progressive rate of taxation was evident in American capitalism well before the emergence of socialist/communist nations.

Income Inequality, Taxation and Poverty

One of the reasons to remain concerned with income inequality and regressive tax rates on the wealthiest income earners is the effect of these outcomes on poverty in the US.  For a nation with an overall high level of wealth and which ranks among the nations with the highest mean and per capita income levels, there remains extensive poverty in the US. In 2007, 12.5% of the US population lived below the officially identified poverty level (in 2008-2009, poverty thresholds were increased to $10,830 for a single individual;  $14,570 for a family of two; $18,310 for a family of three; $22,050 for a family of four).  For children under 18, the poverty rate increases to 17.6%, and for those under 6 to 20.8%.

Poverty and race/ethnicity are highly interrelated in the US. While the general rate of poverty in the US was 12.5%, the poverty rate for non-Hispanic Whites was significantly lower — 8.2%. For Blacks (24.5%) and Hispanics of any race (21.5%), poverty rates are significantly higher than the mean US poverty rate.

Finally, there is also a gender component to poverty. For example, 13.6% of male head single parent households lived under the poverty level. For female headed single parent households the rate of poverty was more than twice the rate fro men, 28.3%.

Conclusion

Household income, economic inequality, taxation and poverty data are central to understanding the ways in which US society remains divided into distinct classes with varied access to economic resources. Economic inequality and class inequality accompany one another.

It is, at this point, beyond my intention to make much of the data reviewed above, especially within the specific context of criminological research. Nevertheless, I would be remiss if I completely dismissed making any observations relevant to the use of these data for furthering observations pertinent to radical criminology. Thus, in conclusion let me offer these brief observations which I hope to return to at a future date.

First, in recent years, economic inequality and class relationships have played an increasingly larger role in producing class-linked forms of social control. Second, these class-linked social controls have become increasingly necessary in a society that is more widely divided by economic and class inequities. The massive prison expansion of recent decades, for example, has much to do with controlling the marginalized populations produced during the restructuring of American capitalism from an industrial to a service basis. Indeed, it is necessary during this restructuring which expands the general marginalization of the work force, that formal mechanisms of social control that provide for the physical constraint of the marginal classes expand as well (for further discussion see, Lynch, Michael J., Big Prisons, Big Dreams, Rutgers University Press, 2007).  Third, based on these observations and keeping in mind the assumptions of radical economic and political analysis, we can link these observations together noting that, indeed, it is no accident that in the US prison expansion coincides with the decline of manufacturing.  The year 1973, for instance, marks the beginning of the intensive decline of the manufacturing sector, the beginning of the end of oil period in the US, and the first year of the current stretch of 36 years of unbroken increases in the rate of punishment in the US.

In closing, let me also be clear about one of the assumptions that has greatly impacted radical analysis within criminology. That assumption is that the US, and the world more generally, has entered a new phase of developed, one that philosophers and other social analysts have identified as the “post-modern” world. Unfortunately, there is really nothing post-modern about the current world, which is merely a restructured version of capitalism rather than any form of post-modern world. To some extent nations may have become post-industrial – and these nations would include the US. But, a post-industrial nation and a post-modern nation are two different beings.  Furthermore, it may be a mistake to refer to nations such as the US as post-industrial since we have no idea, for example, how long this state may last, or how changing world relationship impact the transfer of industrial production within the world, which at some point may cause the redevelopment of industrial capitalism in the US. To be sure, it is likely that the “reindustrialization” of the US may occur or has already begun to occur in ways that look unfamiliar to us since, as economists who analyze such issues imply, part of this industrial restructuring involves the emergence of post-Fordist techniques of production. While post-Fordist production has had some impact on the organization of US industry, it has not played as central a role here as in other nations, and the future path of the US economy remains quite unsettled at this point. What these future developments means for crime and social control is, at this point, anyone’s guess.

04Oct/09

Big Green Crimes — The End of Water?

Big Green Crimes — The End of Water?

Michael J. Lynch

Whether or not we are willing to admit it, the world is hurling to its demise much more rapidly than we would like to admit. This is due, in large part, to our modern state of ignorance about the state of the environment and the fact that, as Bill McKibben wrote in The End of Nature, that we have spoiled nature. And while we were spoiling nature with what appeared to each of us tiny little acts, we never saw the big picture, never connected all the “little” incidents of pollution together, never imaged the mass of what we were doing. As McKibben noted, “We never thought we had wrecked nature. Deep down, we never though we really could: it was too big and too old; its forces – the wind, the rain the sun – were too strong, too elemental” (1988:41). But, we were wrong. We could wreck nature, and we have. The signs are everywhere. The decline of species of various types, rampant deforestation, wetlands destruction, urban and suburban sprawl, the proliferation of toxic waste sites and land-fill, extensive air, land and water pollution, and the grandest force of all, global warming.

In this entry, I will focus on one of the many environmental issues that face the citizens of the world; one of the issues criminologists, still sleeping their academic slumbers in which the nightmares of street crime and justice run amuck as the real monsters, have failed to address or appreciate – water pollution.

In recent months, the news about water pollution has not been good. The pollution of public drinking water supplies in the US is so widespread that serious concerns have been raised about water supplies at public schools. While only 2% of public schools were found to have water that violated federal safety standards in a recent study, the violations are serious to the extent that they tend to be concentrated in certain locations or involve highly toxic chemicals such as lead and, in rural areas, pesticides. These forms of pollution are especially serious for children because of the effects of pollutants on development and because dosages are more concentrated for children compared to adults who tend to be the standards for scientific standards.

On a broader scale, global warming is introducing new hazards to water supplies world wide – increased water acidity. Recent research has revealed that the primary cause of global warming, carbon dioxide pollution, is also the primary cause of increased water acidity. Carbon dioxide is absorbed from the air by water bodies. In water, carbon dioxide transforms into carbonic acid, elevating the pH of waterways. The colder a body of water, the more carbon dioxide it can absorb. Thus, the biggest problem is acidification of northern salt waters. A recent finding revealed by Professor Jean-Pierre Gattuso, of France’s Centre National de la Recherche Scientifique, noted that the process of acidification of the Arctic Ocean is well underway. Gattuso estimated that by 2018 10 percent of the Arctic Ocean will be corrosively acidic – acidic enough to wear away the shells of shellfish thereby disturbing the food chain. By the end of this century, Gattuso estimates that 100% of the Arctic Ocean will become so acid that all forms of life there will be threatened. The fact that the sources of acidification of the Arctic Ocean – pollution produced by humans at factories, power-plants and from automobiles – are physically far removed from the Arctic Ocean is a telling sign of the extent of environmental damage humans are producing.

Regionally, water pollution problems vary. Pennsylvania is currently facing a water quality problem that has surfaced in the Monongahela River which supplies drinking for 350,000 people. As criminologists, we cannot point to any single event that threatens the health of so many people simultaneously. The problem here is that industrial pollution in the river from natural gas and oil operations has turned the water salty. The problem has been linked to the boom in natural gas and oil wells drilled in Pennsylvania in recent years and specifically to the practice of hydraulic drilling or fracturing. Currently, oil and natural gas drilling operations produce 9 million gallons of waste water each day in Pennsylvania, and that volume of waste is expected to double in the next two years, further threatening Pennsylvania’s waterways. A significant concern is that the waste water produced by hydraulic fracturing contains total dissolved solids five times more concentrated than seawater, and laced with cancer causing toxins such as benzene and cadmium. Similar problems related to coal mining have been discovered in West Virginia and Kentucky waterways. While not considered an immediate threat to humans, these conditions do have important immediate effects on fresh waterways.

In Richland County, South Carolina, the Wateree River is currently under assault from seepage from an SCE&G plant where coal ash is stored in  an 80 acre coal ash pond. The pond was recently observed overflowing into the Wateree, contaminating the river with arsenic. Similar situtations exist at coal sludge ponds throughout the country. Some present very serious environmental consequences such as the release of 2.6 million tons of coal sludge in Tennesse last December (2008) — a volume of sludge waste 50 times larger than the oil spill released by the Exxon Valdez.

Mercury contamination is a recurring problem for some waterways in California. The problem here is sometimes a century or more old, though, created by abandon gold mines shaft where mercury was used in hydraulic mining operations to extract gold. For example, 25 abandon mines sites drain into California’s Cache Creek watershed. While the site has been scheduled for clean up since 1988, little has been done to alleviate the situation.

Water pollution problems still plague some of America’s largest waterways decades after they were first discovered. These waterways include the Great Lakes, the Hudson River and the Chesapeake and Delaware River basins. A recent study of the Christina River Basin, a 565 square mile area off the Delaware River, found elevated levels of PCBs, pesticides and dioxin in fish. The water from this region supplies drinking water to 60% of Delaware’s population and even to residents in Pennsylvania, some 600,000 people who are victimized daily by pollutants in their water supplies. In a year, and counting one day’s exposure as a victimization (as opposed to counting each individual ingestion of water as a victimization which would increase the figure reported here several fold), that amounts to 219,000,000 annual victimizations or nearly 9 times the number of criminal victimizations estimated to occur in the entire US during a year by the National Crime Victims Survey.

Water pollution hazards such as those described above are often regulated by both federal and state environmental laws, meaning that the harms that result are crimes – perhaps not always criminal harms, as the those who apply these laws have leeway both in how these laws define harms and how law is applied (civilly, administratively or criminally). Despite their impacts, these crimes are rarely the subject of criminological investigations though they cause much more harm – deteriorate human and non-human species health, illnesses and deaths, sprawling damage to eco-systems – than street crime does or could. Perhaps it is time that criminologists took environmental harms and the damage they cause seriously, spending more time identifying the victims and perpetrators of these crimes. Doing so would draw attention to the serious forms of environmental victimization people unwittingly experience each day and perhaps help change attitudes about such offenses and their serious threat to the future of the planet.

28May/09

Careerlinks

Career Links

Career Planning: http://careerplanning.about.com/careers/careerplanning/mbody.htm

CJEd Careers: http://cjed.com/career.htm

Information on Job Interview: http://www.job-interview.net

Paul’s Justice Page – C.J. Careers: http://www.paulsjusticepage.com/cjcareers.htm

Resume and Cover Letter advice: http://www.career.indstate.edu/yes/rescov.htm

Resume Tutor: http://www1.umn.edu/ohr/ecep/resume

Government Jobs

FedWorld search for federal government jobs: http://www.fedworld.gov/jobs/jobsearch.html

Federal Jobs Digest: http://www.jobsfed.com/rp/cgi/GroupDet.gci?GroupID=07

Government Jobs: www.govtjobs.com/index.html

Government Jobs: http://www.govjobs.net/PS/public_safety.htm

Government Jobs: http://sc.edu/career/cj/cjccr-web.html

Official government site for jobs: http://www.usajobs.opm.gov

Police Jobs

International Association of Chiefs of Police: http://www.theiacp.org/profassist/jobsindex.cfm

Jobs4police: http://www.jobs4police.com

LawEnforcementJob.com: http://www.lawenforcementjob.com

The Police Executive: http://www.thepoliceexecutive.com/

Courts

American Bar Association: http://www.abanet.org

Corrections

Corrections Connection: http://database.corrections.com/career/index.asp

17Mar/09

Youth

Youth and Crime

Organizations

Agencies

General Information

Safe Schools

17Mar/09

Victimology

Victimology Links

17Mar/09

Theory

Critical Theory

  • Illuminations: The Critical Theory Website – A web-based “research resource for those interested in the Critical Theory project. Firmly based in Frankfurt School thought, this site maintains a collection of articles, excerpts, and chapters from many contemporary writers of and about Critical Theory.” This site includes a very good list of links.
  • Cultural Studies and Critical Theory – Great collection of critical essays, all available online.
  • CTHEORY – “An international journal of theory, technology and culture. Articles, interviews, and key book reviews in contemporary discourse are published weekly as well as theorisations of major “event-scenes” in the mediascape.”
  • Critical Theory and Qualitative Research – Site includes essays and links. This site is a good example of a class project that resulted in a well done and informative web site. 
  • Critical Theory web resources – Good list of links.
  • Critical Theory – Links and bibliography.
17Mar/09

Postmodern

Postmodern/Constitutive Criminology

  • Dear Habermas – Jeanne Curran and Susan Takata have worked for several years on this “Journal of Postmodern and Critical Thought.” Check the site map for an idea of what is available. The Postmodern Theory and Public Discourse page provide many good links. 
  • P M C – Web-based journal on postmodern culture. Includes a variety of article, occasionally in areas of crime and deviance.
  • TechnoCulture – This site provides links to many postmodern views. While it appears that the site has been inactive for some time, many interesting article remain. Full range of issues, some crime and deviance, especially as related to internet and technology.
  • Cultural Studies and Critical Theory – Collection of web-based material includes a list of essays related to Postmodern Theory
17Mar/09

Police

Perspectives on Policing

Organizations

Agencies

General Information

Training

Community Policing

Forensics

Other issues

17Mar/09

Peacemaking

Restorative Justice and Peacemaking/Humanist Criminology

Restorative Justice and Peacemaking Links

17Mar/09

Other Resources

General Criminology Resources

Content of this page was originally collected by Jim Thomas.

Prisons, Prisoners, Punishment

Miscellaneous

General Texts of Political Interest

General Crime (etiology, rates, etc)

17Mar/09

Online Journals

Online Journals

17Mar/09

Internet

Internet and New Media Issues

CyberCrime

Pornography

Internet Filters

Free Speech

Media

17Mar/09

Innocence

Wrongful Conviction Links

Links on the page were provided by Robert Schehr, at Northern Arizona University. The first set of links include research sites and general information. These links are followed by a listing of “Innocence Project” sites across the United States.

Justice Information/Magazines/News

Research Sites and Statistics

Other Organizations

Innocence Projects in the United States

(April 2003)

Arizona

Arizona Justice Project

Larry Hammond

C/O Osborn Maledon

Suite 2100

2929 N. Central Ave.

Phoenix, AZ 85012

 

Northern Arizona Justice Project

Robert Schehr, Project Director

John Trebon, Legal Director

Department of Criminal Justice

Northern Arizona University

P.O. Box 15005

Flagstaff, AZ 86011-5005

 

Arkansas

Arkansas Innocence Project

Inmate Contact:

Arkansas Innocence Project

P.O. Box 322

Chery Valley, AR 72324

Project Contact:

Robert Lightfoot

Arkansas Innocence Project

431 County Rd. 300

Cherry Valley, AR 72324

 

California

California Innocence Project

Justin Brooks, Director

California Innocence Project

California Western School of Law

225 Cedar St.

San Diego, CA 92101-3046

 

Northern California Innocence Project

Cookie Ridolfi, Executive Director

Northern California Innocence Project

Santa Clara University Law School

University School of Law

874 Lafayette, St.

Santa Clara, CA 95050

 

Colorado

Colorado Innocence Project

James E. Scarboro

Colorado Innocence Project

P.O. Box 2909

Denver, CO 80201-2909

 

Delaware

Office of the Public Defender

Lisa M. Schwind, Director

Office of the Public Defender

Carvel State Building

820 French Street, 3rd Floor

Wilmington, DE 19801

 

District of Columbia

Innocence Project of the National Capital Region

Misty Thomas, Project Coordinator

Innocence Project of the National Capital Region

American University Washington College of Law

4801 Massachusetts Ave., NW

 

Florida

Florida Innocence Project

Catherine Arcabascio, Co-Director, or Crag Trocino

Florida Innocence Project

Nova Southeastern University

Shepard Broad Law Center

3305 College Avenue

Fort Lauderdale, FL 33314

 

Georgia

Georgia Innocence Project

Aimee Maxwell, Executive Director

Georgia Innocence Project 730 Peachtree St., Suite 705

Atlanta, GA 30308

 

Idaho

Idaho Innocence Project

Craig Lewis

Idaho Innocence Project

College of Law, University of Idaho

Moscow, ID 83844-2321

 

Illinois

Center on Wrongful Convictions and the Death Penalty

Robert Warden, Executive Director

Larry Marshall, Legal Director

Jennifer Linzer

Center on Wrongful Convictions

Northwestern University School of Law

357 East Chicago Ave.

Chicago, IL 60611

 

Medill Innocence Project

Emily Capotocny

Medill Innocence Project

1845 Sheridan Road

Evanston, IL 6020802101

 

Downstate Illinois Innocence Project

Bill Clutter

Nancy Ford

Downstate Illinois Innocence Project

University of Illinois at Springfield

Center for Legal Studies

P.O. Box 19243

Springfield, IL 62794

 

Indiana

Innocence Project Indiana

Fran Hardy

Innocence Project Indiana

Indiana University School of Law

530 West New York St.

Indianapolis, IN 46202

 

Iowa

Iowa Innocence Project

Diana Cavigliano

Iowa Innocence Project

P.O. Box 442321

 

Kentucky

Kentucky Innocence Project

Gordon Rahn, Program Coordinator

Kentucky Innocence Project

Department of Public Advocacy

P.O. Box 555

Eddyville, KY 42038

 

Louisiana and Mississippi

Innocence Project New Orleans

Robert Hoelscher, Executive Director

Emily Bolton, Legal Director

Innocence Project New Orleans

Second Floor

636 Baronne Street

New Orleans, LA 70113

 

Maryland

Innocence Project

Innocence Project

Office of the Public Defender

1 Calvert Plaza, Suite 1610

Baltimore, MD 21202

 

Massachusetts

New England Innocence Project

Kristin Cronin, Coordinator

New England Innocence Project

Testa, Hurwitz & Thibeault

125 High Street

Oliver Street Tower

Boston, MA 02110

 

Michigan

Thomas M. Cooley Innocence Project

Kathy Swedlow, Deputy Director

Thomas M. Cooley Innocence Project

300 South Capitol Avenue

P.O. Box 13038

Lansing, MI 48901

 

Minnesota

Innocence Project of Minnesota

Erika Applebaum, Executive Director

Innocence Project of Minnesota

Hamline University Law School

1536 Hewitt Ave.

St. Paul, MN 55104

 

Missouri

Midwestern Innocence Project

Ellen Suni, President

Phil Gribson, Director

Midwestern Innocence Project at UMKC

5100 Rockhill Road

Kansas City, MO 64110

 

New Jersey

Centurion Ministries

Jim McCloskey, Executive Director

Heather McNally, Case Development Manager

Centurion Ministries

221 Witherspoon St.

Princeton, NJ 08542

 

New Mexico

New Mexico Innocence and Justice Project

April Land, Director

New Mexico Innocence and Justice Project

University of New Mexico Law School

1117 Stanford NE

Albuquerque, NM 87131

 

New York

Innocence Project

Aliza Kaplan, Deputy Director

Benjamin Cardozo School of Law

55 Fifth Ave. 11th floor

New York, NY 10003

 

Pace Post-Conviction Project

Adele Bernhard, Law Professor

Pace Post-Conviction Project

78 North Broadway, Room G210

White Plains, NY 10603

 

Second Look Project

Daniel S. Medwed, Assistant Director

William E. Hellerstein, Director

Second Look Program

Brooklyn Law School

250 Joralemon St.

Brooklyn, NY 11201

 

Ohio

Milton A. Kramer Law Clinic Center Innocence Project

Carol Turowski

Mark Godsey

Case Western Reserve University School of Law

Milton A. Kramer Law Clinic Center

11075 East Boulevard

Cleveland, OH 44106-7148

 

Ohio Innocence Project

Innocence Project

College of Law

University of Cincinnati

P.O. Box 210040

Cincinnati, OH 45221-0040

 

Oklahoma

Jamie Pybas

DNA Forensic Testing Program

1660 Cross Center Drive

Norman, OK 73019

 

Oregon

Innocence Project West

Dennis Clark

Innocence Project West

4702 S.W. Scholls Ferry Road, #30

Portland, OR 97225

 

Pennsylvania

Innocence Project of Western Pennsylvania

Bill Moushey, Director

Innocence Institute of Western PA

Department of Journalism and Mass Communications

Point Park College

201 Wood St.

Pittsburgh, PA 15222

 

Duquesne University School of Law Innocence Project

John Rago, Dean

Duquesne University School of Law Innocence Project

600 Forbes Avenue

632 Fisher Hall

Pittsburgh, PA 15282

 

Penn State Criminal Justice Project

Timothy Prendergast or Professor Tom Place

Penn State Criminal Justice Project

Penn State University, Dickinson School of Law

150 S. College Street

Carlisle, PA 17013

 

South Carolina

Palmetto Innocence Project

Joe McCulloch, Director

Palmetto Innocence Project

P.O. Box 11623

Columbia, SC 29211

 

Tennessee

Tennessee Innocence Project

Kenneth Irvine, President

Tennessee Innocence Project

C/O UT Pro Bono

UT Legal Clinic

1505 W. Cumberland Ave.

Knoxville, TN 37996-1810

 

Texas

MASS, Inc. (Mothers (and Fathers) for the Advancement of Social Services)

Inmates:

MASS, Inc.

P.O. Box 225067

Dallas, TX 75222-5067

Others:

Joyce Ann Brown, President/CEO

MASS, Inc.

6301 Gaston Ave., Suite 300

Dallas, TX 75214

 

Texas Innocence Network

David Dow

Texas Innocence Network

University of Houston Law Center

100 Law Center

Houston, TX 77204-6371

 

Utah

Rocky Mountain Innocence Center

Don Topham, Legal Director

Rocky Mountain Innocence Center

Arrow Press Building, Suite 204

123 South West Temple

Salt Lake City, UT 84102

 

Washington

Innocence Project Northwest

Jacqueline McMurtrie, Director

Innocence Project Northwest Clinic

University of Washington School of Law

1100 NE Campus Parkway

Seattle, WA 98105-6617

 

Wisconsin

University of Wisconsin Law School Innocence Project

Keith Findley or John Pray (Co-Directors)

University of Wisconsin Law School Innocence Project

Remington Center

Madison, WI 53706-1399

 

Innocence Projects Located Outside the United States

Australia

Griffith University School of Law Innocence Project

Lynne Weathered

Griffith University School of Law

PMB 50 Gold Coast Mail Centre

Queensland, 9726 Australia

 

University of Technology, SydneyInnocence Project

Kirsen Edwards, UTS Law Faculty

P.O. Box 123

Broadway NSW, 2007