Posted 2/29/20


Desperate to avoid controversy, politicians avoid the obvious

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     For Police Issues by Julius (Jay) Wachtel. Let’s begin with a memorable quote:

    Ninety-five percent of your murders – murderers and murder victims – fit one M.O. You can just take the description, Xerox it and pass it out to all the cops. They are male; minorities 16 to 25. That’s true in New York, that’s true in virtually every city….

     Mind you, that’s not Police Issues’ point of view. It is (was?) Michael Bloomberg’s. A video of his speech at the Aspen Institute’s 2015 annual get-together for the well-to-do and connected depicts the former Wall Street magnate, three-term NYC Mayor (2002-2013) and self-funded Presidential wannabe saying lots of things he would one day regret.

     Well, that’s politics! Still, are “ninety-five percent” of the Big Apple’s murders – and murderersreally cut from the same cloth? We’ve looked into crime in Gotham in some detail. “Be Careful What You Brag About” (Part II) compared ten low-poverty and ten high-poverty NYPD precincts. As one might expect, their murder and robbery rates were very much different, and in the anticipated direction. New York City’s high-crime areas, we concluded, “aren’t in the Big Apple” – they’re part of that other, disadvantaged America where our nation’s minorities disproportionately reside.

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     Nothing’s come up since then to change our minds. According to the most recent Census estimate, New York City’s poverty rate is 18.9%. But there are huge differences within. Twenty-nine percent of the residents of the Bronx, the least prosperous of the city’s five boroughs, are poor. Might that affect murder?

NYC Pov Mur 19 small

     New York City reported 310 murders for 2019. Seventy-nine – about one in four – took place in the Bronx. With a population slightly over 1.4 million, the city’s most poverty-stricken area also posted its worst murder rate, 5.49 per 100,000. Every other borough – Brooklyn (pop. 2.6 million, 100 murders), Manhattan (pop. 1.6 million, 50 murders), Queens (pop. 2.3 million, 69 murders), and Staten Island (pop. 470,000, 12 murders) – followed in lock-step fashion. As poverty receded, so did homicide.

     Poverty influences crimes other than murder. Using precinct populations and NYPD’s recently posted 2019 data for seven major crimes (murder, manslaughter, rape, robbery, felony assault, burglary, grand larceny, and grand larceny of a motor vehicle) we computed murder, robbery and felony assault rates for 73 of the city’s 77 police districts (precincts 14, 22, 41 and 121 were omitted for methodological reasons.) Correlation analysis (the “r” statistic) was then applied to assess the relationship between each of these crimes and poverty.

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     Each dot represents a precinct. As one might expect, murder, robbery and felony assault had positive, statistically significant (i.e., meaningful) relationships with poverty. By “positive” we mean that the rates – say, poverty and murder – went up and down together. By “significant” we mean that the statistical procedure generated two asterisks, indicating a probability of less than one in one-hundred that a coefficient, such as .51, was produced by chance. As for the magnitude of the coefficients, r’s can range from zero (no relationship) to one (strongest relationship.) In practice, those produced are indeed substantial.

     What about the other index offenses? Check out these graphs:

NYC Maj Cr Gd Lar 19 small

Perhaps surprisingly, there’s virtually no relationship between poverty and the aggregate measure, the major crime rate. Here’s why. Grand Larceny was by far the category’s most frequent offense. Its relationship with poverty was also strongly negative, meaning that as poverty went up, grand larceny went down. That makes sense. “Grand” larcenies require a loss of $1,000 or more, making them far more commonplace in economically better-off places. New York City’s profusion of grand larcenies countered the effects of violent crime, making its rate a misleading indicator of the relationship between crime and place.

      So what did we learn? Citywide scores can seriously mislead. New York City, whose leaders habitually brag about low crime, posted a 2018 murder rate of 3.5/100,000 pop., handily beating the nation’s 5.0 and, by substantial margins, virtually every other city of size. Indeed, when one considers Detroit’s jaw-popping murder rate of 38.9, or Chicago’s merely miserable 20.7, even the Bronx looks good. “Location, Location, Location” offered Los Angeles as another example of self-proclaimed success in the war against crime. After all, its 2015 murder rate was “only” 7.3 (N=279). Yet there were some startling exceptions within. Such as the bedraggled Florence neighborhood (Zip 90003, poverty rate 33.1%). With a population of 49,001, its eighteen homicides that year produced a murder rate of 36.7, five times the citywide figure. Still, neither Florence nor the Bronx managed to spoil their parents’ triumph. Los Angeles and New York simply have so many prosperous residents that their aggregate poverty rates remain fetchingly low.

     Of course, protective factors likely matter. With nearly eight and one-half million residents and an astounding 28,069 persons per square mile, the “Big Apple” is by far the largest and most densely populated of the nation’s fifty major cities. Los Angeles, the runner-up in population, has half as many residents. Its density of 8,360, while on the high end nationally, is but a fraction of Manhattan’s astonishing 69,467 inhabitants per square mile. How did the prosperous burg get there? By ensconcing its well-to-do residents in pricey, access-controlled high-rises. Bingo! Instant security, and likely one of the reasons why the borough’s crime rates are low.

     When it comes to crime, place isn’t just critical for New York and Los Angeles. In “Human Renewal” we wrote about the far smaller community of South Bend, Indiana (pop. 103,869). Coincidentally, its former mayor, Pete Buttigieg, is also a Presidential candidate. South Bend police posted data for 346 “criminally assaulted shootings” between 2015-2018. (If the link isn’t working we’ll happily share our copy.) Using Census population and poverty figures, we computed a shooting rate for each of South Bend’s ten Zip codes, then ran correlation analysis. Sure enough, the relationship between poverty and shootings was strong and positive (r=.68*). More poverty, more violence.

     No matter. None of the Presidential candidates – nor, with a single exception (see below) any other politician of note – is talking about neighborhoods. Our favorite remedy, a “Marshall Plan” for America’s downtrodden places, isn’t on the radar. (We’ve been pushing for it since, um, 2008. Click here.) Perhaps they worry that focusing on place would bring in potentially controversial issues like race and ethnicity.

     But we’re not running for office. Let’s return to the loser in New York City’s poverty/murder sweepstakes: the Bronx. According to the most recent Census estimate, blacks comprise thirty-six percent of its residents. Lamentably, more than one in four (26.7%) blacks who reside in the downtrodden borough live in poverty. And the consequences seem all too predictable.

Bronx mur freq pct small

According to NYPD’s “Supplementary Homicide Report” for 1998, ninety-one of that year’s 295 murders took place in the Bronx. Race and ethnicity were known for 88 victims and 72 assailants. These graphs (frequencies on the left, percentages on the right) depict the grim racial and ethnic distribution. Citywide, about one-third of New York City’s residents are white. Yet according to the 2018 report, whites figured as either victim or suspect in less than one in ten homicides.

     Place, and the money it takes to live in a nice place, really, really matter.

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     For a breath of fresh air, let’s consider the views of a political figure who tells it like it really is. We’re talking about the Hon. Randall Woodfin, Mayor of Birmingham, Alabama. Conveying the view that a community “is only as strong as its lowest quality-of-life neighborhood,” his recent “State of the City” speech set out Birmingham’s obstacles in a memorable (and remarkably candid) fashion:

    In a city of 99 neighborhoods, 88 of them are majority black and 11 are majority white. Those 11 neighborhoods are the safest. Those 11 neighborhoods have the highest income, highest home property value. And in those other 88 neighborhoods that make up the fourth-blackest city in America, there’s a 29% poverty rate. You dig deeper into that for single families, it’s 43%. They don’t have vehicles. The property value hasn’t increased, unemployment is higher, and there’s too much crime.

Mayor Woodfin’s solution, a multifaceted “neighborhood revitalization program,” seems highly promising. Grab a ballot. We’re writing him in!

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A Conflicted Mission     Can the Urban Ship be Steered?     A Recipe for Disaster     Human Renewal

Be Careful (I)  (II)     Location, Location, Location     Too Much of a Good Thing?     A Tale of Three Cities


Posted 2/9/20


Bail and sentencing reform come. Then stuff happens.

    For Police Issues by Julius (Jay) Wachtel. Must the door that feeds jails and prisons forever revolve? Can we unplug the thing without causing even more pain? Let’s start with three recent horror stories:

  • Last November, Charles Goforth, a 56-year old Chicago-area man, shot and wounded his girlfriend. He was soon arrested in Missouri. But a magistrate released him on an $8,000 cash bond and Goforth went home to his wife. On January 30 he revisited his victim, who was recuperating at home, and shot her dead.
  • “I can’t believe they let me out” said Gerof Woodberry, 42. New York City cops arrested him on January 10 for “stealing or attempting to steal” from four (count ‘em, four!) banks. Thanks to a new state law that abolishes bail for non-violent crimes, he was released two days later. Woodberry, who had served prison sentences in South Carolina for five strong-arm robberies, promptly robbed two banks in four days. He’s now in Federal custody, where the rules are different.
  • On October 13 two small children found their mother’s lifeless body on the bedroom floor of their New York City apartment. She had been beaten to death. It took two months for police to arrest her alleged murderer, Asun Thomas, 46. He had been living in a halfway house since being paroled in 2016 after doing sixteen years of a 20-year term for manslaughter.

     We realize that Goforth, Woodberry and Thomas can’t be used to represent the universe of persons who are released pending trial or after serving a term of incarceration. They’re an “accidental” sample compiled from stories that caught your blogger’s eye while perusing The New York Times, The Washington Post, the Los Angeles Times and the Chicago Tribune, something he does most mornings. (And yes, he’s got subscriptions. You should, too!)

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     Recidivism is a weighty subject. DOJ’s Bureau of Justice Statistics has been studying it for some time. In 2018 it published data about recidivism for a sample of 401,288 convicted felons who were released in 2005 after serving prison terms in thirty States. During their first nine years of freedom the former inmates compiled an average of five arrests each. Nearly half (44 percent) were arrested during the first year, and sixty-eight percent during the first three years. By the end of the ninth year a full eighty-three percent had been arrested at least once. As for type of crime, Table 7 of the report indicates that regardless of the crime for which they were originally confined – violent, property, public order or drug-related – about four in ten were arrested at least once, post-release, for a crime of violence.

     Research on Federal prisoners also paints a gloomy picture. A study of 25,431 Federal convicts released in 2005 indicates that within eight years half (49.3 percent) were arrested on new charges. Nearly one-third of the sample (31.7 percent) suffered another conviction, and nearly one-quarter (24.6 percent) were re-incarcerated. Since these were former Federal inmates, a majority of the original convictions were for drug trafficking. But about one-quarter (23.3 percent) of the post-release arrests were for assault.

     Are there ways to help former inmates avoid reoffending? NIJ’s “Corrections & Reentry” webpage features reviews of 136 “programs” (approaches tailored to specific places) and thirty “practices” (methods used at multiple sites.) Each was rated as either “no effect,” “promising” or “effective.”

     A “program” in Massachusetts’ capital city, the “Boston Reentry Initiative,” actually begins while offenders are still locked up. Meant for gang members and others at high risk of committing a violent crime, the voluntary effort – inmates must ask to join – offers everything from assistance in getting a driver’s license to help with substance abuse, housing and job training. After release there’s a day center; each former offender also gets a “case manager” who provides one-on-one help for up to eighteen months. BRI’s “promising” rating is based on an academic study that concluded participants were significantly less likely than non-participants to be arrested post-release. During their first three years back on the street, arrests for any crime befell 77.8 percent of the BRI cohort and 87.7 percent of a non-BRI control group. Arrests for violent crimes followed the same pattern (27.8 and 39.2 percent, respectively.)

     Several efforts in NIJ’s “practices” category also seemed pertinent:

  • Pretrial Interventions for Ensuring Appearance in Court” evaluated three approaches for combatting failure-to-appear and re-arrest: court notifications (reminders), cash and appearance bonds, and pretrial supervision, ranging from electronic monitoring to placement in a halfway house. Of these, only pretrial supervision demonstrated a statistically significant reduction on failures to appear (this effect, which led to a “promising” rating, was nonetheless considered “small.”) None of the methods, however, reduced rearrests.
  • Day Reporting Centers” (aka “community resource centers” or “attendance centers”) offer non-residential services to parolees and probationers, including supervision, drug abuse treatment and job training and placement. A 2019 meta-evaluation of nine such efforts found that none was more effective in preventing recidivism than conventional probation and parole.
  • Noncustodial Employment Programs for Ex-Offenders” offer job training, career counseling and educational services in settings such as halfway houses and group homes. Assistance is hands-on and can include resume preparation and coaching for job interviews. Alas, a review of ten programs concluded that their participants were just as likely to be re-arrested or convicted or commit a release violation as probationers and parolees who didn’t take part.

     Glancing at the scorecards, we noticed that only a measly eight percent of practices and five percent of programs got NIJ’s “effective” nod. Even then, there seems to be pitifully little to brag about. Consider the well-regarded Boston program. While the difference between clients’ 77.8 percent re-arrest rate and the comparison group’s 87.7 percent rate may be statistically significant, its real-world implications are less than compelling. Even so, the program’s academic evaluators seemed highly impressed. Here are their journal article’s (“Controlling Violent Offenders Released to the Community: An Evaluation of the Boston Reentry Initiative”) final words:

    ...these findings suggest that individualized treatment plans, facilitated by mentors and supported by a network of criminal justice, social service, and community-based organizations, can positively affect gang-involved offenders returning to high-risk communities. Effective gang violence prevention policy should focus on developing programs that facilitate prosocial transitions for gang-involved inmates after release from incarceration.

     As bad old “police science and administration” (your blogger’s undergrad major) gave way to the modern disciplines of criminal justice and criminology, university programs began looking on policing – indeed, all forms of social control – far more skeptically. Consider, for example, a recent lead story in John Jay college’s The Crime Report, “Why Re-Arrest Doesn’t Mean You’re a Failure.” Its source, an extensive essay by Professor Cecelia M. Klingele in the Journal of Criminal Law and Criminology, argues that re-arrest is a poor proxy of recidivism, as it fails to consider positive “life changes” and unspecified “nuances” that would yield a more accurate assessment of desistance from crime. (And, one might assume, a far more upbeat one as well.)

     While fine-tuning our measurement tools might yield some benefits, all this newfangled sophistication threatens to distract us from the reason we bothered in the first place. Whether recidivism stands at 77.8 or 87.7 percent, it’s flesh-and-blood people who pay the price. Powerful real-world examples of the human costs of crime, such as those that kicked off this essay, feed the fire of advocacy groups positioned well to the right of The Crime Report. Say, The Manhattan Institute. Its recent missive, “Issues 2020: Mass Decarceration Will Increase Violent Crime,” uses arrest, sentencing and reoffending data to argue that “given the extremely high rates of recidivism,” backing off on imprisonment can only lead to more suffering.

     Consider the story of Shomari Legghette. Thanks to his early release from prison, the four-time loser with convictions for armed robbery, guns, drugs and assault was running loose on Chicago’s streets. On February 13, 2019 he was approached by officers who wanted to question him about some recent gunplay. Legghette ran off, and when confronted by police commander Paul Bauer, who happened to be nearby, the forty-four year old chronic offender pulled a gun and repeatedly fired, incflicting fatal wounds. (For an account of Leggett’s troubled life – in his own words, no less – click here.)

     Full stop. Let’s look at some numbers. This graph uses LAPD’s UCR data to depict the city’s violent crime trend from 2010 thru 2018, the latest full year available:

The Blame Game” mentions three key easings during this period: a 2011 act (AB 109, the “Public Safety Realignment Act”) that shifted confinement and supervision of “non-serious, non-violent” felons from state prisons and parole agents to county jails and probation officers; Proposition 47, a 2014 measure that reduced many felonies to misdemeanors; and, two years later, Proposition 57, which reduced sentences and facilitated early parole.

     What caused the sharp, post-2013 uptick? Cops, prosecutors and the state peace officer’s association would say: “all three.” Their angst isn’t purely based on numbers. Consider, for example, Michael Mejia. After doing three years for robbery, the 26-year old Southern California resident was arrested for grand theft auto and served another two years. After his release he committed a string of violations. In the old days Mejia would have been returned to prison, but thanks to A.B. 109 he merely landed in county jail, and for brief periods, at that. On February 20, 2017 Mejia gunned down his cousin and stole a car. He then shot and killed veteran Whittier, Calif. police officer Keith Boyer and seriously wounded his partner.

     Whittier’s grieving chief and the L.A. County Sheriff laid blame on California’s legal retrenchments. Sheriff Jim McDonnell complained that his jails had become a “default state prison” and that thanks to the letup, “we’re putting people back on the street that aren’t ready to be back on the street.”

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     Not everyone sees it that way. According to the liberally-inclined Public Policy Institute of California, the uptick in violence was already in progress when Proposition 47, which it supports, came to be. That view was supported by researchers at UCI’s School of Social Ecology, who found no difference when comparing 2015 crime rates between California and “synthetic” equivalent states with like demographics but no changes in the laws. (Yes, that’s 2015 only.) Punching back, a conservative Oakland-based group, the Independent Institute, pointed out that property crimes such as car burglaries also surged after Prop. 47 took effect. In June 2018, the Public Policy Institute partly conceded. Yes, early releases may have somewhat increased offending, but only of the “property” kind. As for the spike in violence, that’s an artifact of changes in crime defining and reporting. And don’t fret, they added: recidivism is on the way down.

    We’ll wait while the blues and the reds duke it out. And keep an ear to what’s happening in New York. On January 1st. a bail reform law went into effect, eliminating cash bail for misdemeanors and “non-violent” felonies, including some robberies and burglaries. That’s led to the release of many arrestees pending trial and, as the New York Times recently reported, is putting authorities “on edge”:

    A few liberal prosecutors, including the Brooklyn district attorney, Eric Gonzalez, have embraced the changes, pointing to states that saw lower crime rates after they eliminated cash bail. But many prosecutors and police officials worry that some defendants released under the new rules will continue to commit crimes....



4/23/20 Released without bail because of the pandemic, some California jail inmates who were being held pending trial have been quickly rearrested on new crimes. Rocky Lee Music, 32, an ex-con, allegedly committed a carjacking twenty minutes after his release from a jail where he was being held for car theft. Owen Aguilar, 27, who was being held for criminal threats, was arrested on multiple counts of arson a few days after his release. Kristopher Sylvester, 34, was let go twice. Two weeks after his release from jail, where he was being held on multiple counts of burglary, he and three buds were arrested for a string of car thefts. All four had substantial records, and all were let go.

4/17/20  To lessen the COVID-19 strain on its jails, on March 19 Hillsborough County, Fla. released 164 inmates who were booked on non-violent offenses. Among them was Joseph Edward Williams, a 26-year old ex-con arrested six days earlier for heroin possession. Williams has an extensive arrest record and convictions on burglary and gun charges. One day after his release he allegedly shot and killed a man. Williams is now back in jail. He faces charges of murder, resisting arrest and ex-con with a gun.

4/15/20  Two days ago Maryland’s chief appellate judge issued an “administrative order” directing juvenile court judges to avoid detaining juveniles, and to consider others for release, when consistent with public safety. Arguing against any mass release, the Maryland Crime Victims Resource Center pointed out that what public defenders call “technical violations” may actually reflect dangerous behavior.

4/3/20  Ohio prisons hold 39,000 inmates. Pressed to grant early releases because of COVID-19, Ohio Governor Mike DeWine recommends that courts let thirty-eight non-violent offenders go. Of these, 23 are pregnant or delivered babies while serving time, and each of the others is over age sixty and within sixty days of release. “What we’re doing is trying to be very careful, very respectful of the local courts, very respectful of the victims, very respectful of public safety. That’s why we set a pretty strict — or very strict — criteria about who we would even think about.” Additional releases would be “methodically” considered, and public safety would come first.

3/27/20  An NIJ-funded meta-analysis concludes that “focused intervention” programs that go beyond what’s usually offered to ex-offenders can significantly reduce recidivism. Among these are cognitive-behavioral therapy, structured group counseling and drug court. NIJ practices page

3/11/20  A new academic study contradicts earlier findings by Chicago’s court system that bail reforms which increased the number of persons released before trial did not lead to more crime. Researchers instead found that after the 2017 loosening, the proportion of releasees charged with new crimes increased by 45 percent, and with new violent crimes by 33 percent. They also confirmed the Tribune findings reported below (see 2/13/20 update).

2/14/20  Fearful that official opposition to the State’s recent bail reforms may cause them to be dumped altogether, New York’s “progressives” are backing changes that would do away with cash bail but allow judges to keep dangerous accused in jail. Factors that would be considered for remand would include risk of non-appearance, criminal record and whether a crime resulted in death.

2/13/20  An extensive Chicago Tribune analysis of the effects of bail reforms implemented by the county’s chief judge, including the reduction and elimination of cash bail, concludes that claims it reduced violent crime are based on flawed data and a purposely narrow definition of a crime of violence. Twelve homicides were allegedly committed in Chicago during the first nine months of 2019 by persons released under the new rules.

2/11/20  In a speech to the Major Counties Sheriffs of America, AG William Barr warned that lax prosecution of repeat offenders by “progressive” D.A.’s who engage in “catch-and-release and revolving-door policies” (he mentioned San Francisco, Seattle, St. Louis, Chicago, and Baltimore) imperiled public safety and was causing increased crime and violence.

2/10/20  In 2017 Robert Williams, 43, was paroled for a 2002 attempted murder in which he shot a civilian during a carjacking then fired at police. Yesterday he ambushed two NYPD officers sitting in a van, then opened fire in a precinct house. Two officers were wounded. Williams, who was due to appear in court in connection with a recent arrest for obstructing police, was taken into custody.

2/10/20  A string of fatal vehicle-pedestrian accidents involving drivers with a history of moving violations is leading New York City authorities to consider get-tough measures against drivers who repeatedly rack up speeding and red-light camera tickets. Instead of simply being fined, recidivists could face mandatory driver education or have their vehicles impounded.

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Letting Go     Covid-19: RIP Policing?     The Bail Conundrum     The Blame Game

More Criminals (on the street), Less Crime?     Rewarding the Naughty


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