1 Is Criminal Justice Just?

2 Midterm Grade Distribution 09 ScoreGradeNumber 136-A A B B B C C C-8 -69D+1 148

3 Outline Equity or fairness issues in criminal justice Equity or fairness issues in criminal justice Equity and fairness in society: deep background Equity and fairness in society: deep background A measure of inequity A measure of inequity The Lorenz Curve The Lorenz Curve The Gini Coefficient The Gini Coefficient Private Goods and Public Goods Private Goods and Public Goods

4 Criminal Justice System Equity Issues

5 Variation of Victimization with Income

6 Average Annual Rate of Violent Victimizations Per 1000 Females Phillips’ Lecture 4

7 Victimization Rates by Income Class Source: Report to the Nation on Crime and Justice, Second edition

8Questions Why are victimization rates higher for poor women than for affluent women? Why are victimization rates higher for poor women than for affluent women? Why do victimization rates vary more with income for robbery than for burglary? Why do victimization rates vary more with income for robbery than for burglary?

9 Issues in the Operation of the CJS False Imprisonment: police officers and district attorneys conspiring to railroad False Imprisonment: police officers and district attorneys conspiring to railroad Are there injustices by race, ethnicity, social class for victims? Are there injustices by race, ethnicity, social class for victims?

10 Los Angeles Times Wednesday, November 10, 1999-p. A1 Wednesday, November 10, 1999-p. A1 “Garcetti Seeks to Overturn 4 Cases Tainted by LAPD”` “Garcetti Seeks to Overturn 4 Cases Tainted by LAPD”` Thursday, November 11, p. A1 Thursday, November 11, p. A1 “Inmate Freed in LAPD Probe” “Inmate Freed in LAPD Probe” LAPD Ramparts station LAPD Ramparts station Officers Rafael Perez and Nino Durden Officers Rafael Perez and Nino Durden

11

12 U.S. News and World Report: “The Wrong Men on Death Row” “The Wrong Men on Death Row” 3517 inmates on death row 3517 inmates on death row since 1976, 486 executions since 1976, 486 executions 75 known cases of persons wrongly condemned to die 75 known cases of persons wrongly condemned to die probability about 2 per 100 probability about 2 per 100 States with mistakes States with mistakes Florida: 19 Florida: 19 Illinois: 9 Illinois: 9 Texas: 7 Texas: 7 Georgia: 6 Georgia: 6

13 Are the risks of mistakes too high? Three factors in wrongful convictions Three factors in wrongful convictions perjured testimony perjured testimony faulty eyewitness identification faulty eyewitness identification false confessions false confessions # 1 reason for wrongful convictions # 1 reason for wrongful convictions incompetent legal representation incompetent legal representation in 1996 Congress stopped funding legal aid centers in 20 states in 1996 Congress stopped funding legal aid centers in 20 states

14

15

16

17

18 Deep Background: Equity in Society The distribution of income The distribution of income The distribution of wealth The distribution of wealth Poverty Poverty Education trends Education trends

19 This graphic shows the distribution of gross annual household income. The building's thirty exposed floors are easily divided into quintiles, each income quintile represented by six floors. Each floor represents the tenth of a third (3.33%) of households in the US, and each section of 10 floors represent roughly one third of American society. The floors above the top black line represent those households with incomes of or exceeding $100,000. The floors below the bottom black line, however, represent those households who fell below the poverty threshold. In order to live on the top floor of the American income strata, a household's annual gross income needs to exceed $200,000.

20 Distribution of Income by Quintile 2005

21 Distribution of Income, $ 10K $10K – $20K $20K-$30K $90K -$100K $100K-$150K $150K-$200K

22 Median Income By Education

23

24 The Rich Get Richer, 2003 $, 67-03

25 Real Median Household Income 67-05

26

27 The Glass Ceiling

28

29

30

31 Why is Income Distributed So Unevenly? Labor Income is Unevenly Distributed Labor Income is Unevenly Distributed Part-time work Part-time work less than 50 weeks per year less than 50 weeks per year less than 36 hours per week less than 36 hours per week

32 YearOverall MedianLess than 9th gradeHigh school drop-outHigh school graduateSome collegeAssociates degreeBachelor's degreeBachelor's degree or moreMaster's degreeProfessional degreeDoctorate degree 1991$40,873$17,414$23,096$37,520$46,296$52,289$64,150$68,845$72,669$102,667$92, $40,324$17,450$22,523$35,979$44,153$49,622$64,537$70,349$75,645$109,900$93, $42,235$18,031$21,933$37,609$44,537$50,485$63,357$69,584$77,865$98,302$95, $43,648$17,762$22,688$38,607$45,734$51,726$67,487$72,338$77,850$105,409$99, $46,236$19,008$23,977$39,322$48,588$54,282$70,925$76,958$82,097$110,383$107, $45,300$18,830$24,162$37,468$47,605$53,166$69,796$75,116$81,993$103,918$96, $45,016$18,787$22,718$36,835$45,854$51,970$68,728$73,446$78,541$100,000$96,830 Average$43,376$18,183$23,013$37,620$46,109$51,934$66,997$72,376$78,094$104,368$94,487 YearOverall MedianLess than 9th gradeHigh school drop-outHigh school graduateSome collegeAssociates degreeBachelor's degreeBachelor's degree or moreMaster's degreeProfessional degreeDoctorate degree 1991$40,873$17,414$23,096$37,520$46,296$52,289$64,150$68,845$72,669$102,667$92, $40,324$17,450$22,523$35,979$44,153$49,622$64,537$70,349$75,645$109,900$93, $42,235$18,031$21,933$37,609$44,537$50,485$63,357$69,584$77,865$98,302$95, $43,648$17,762$22,688$38,607$45,734$51,726$67,487$72,338$77,850$105,409$99, $46,236$19,008$23,977$39,322$48,588$54,282$70,925$76,958$82,097$110,383$107, $45,300$18,830$24,162$37,468$47,605$53,166$69,796$75,116$81,993$103,918$96, $45,016$18,787$22,718$36,835$45,854$51,970$68,728$73,446$78,541$100,000$96,830 Average$43,376$18,183$23,013$37,620$46,109$51,934$66,997$72,376$78,094$104,368$94,487

33

34 SB News-Press Feb 25, 2007

35 Out of 16 million, 1.9 million live in CA

36 15 States with Lowest Median Income

37 Counties with lowest per capita income, 2000

38 Poverty, Crime and Imprisonment: 1959-

39 FBI Index Offense Rate and Annual Change in Offense rate

40

41 = 10 Imprison: $30,000/year $30,000/10 = $3,000 incapcitation only reduces the offenses that would be committed by that Inmate. Does it pay?

42 Cost to Victims in US, 1993 Source: National Institute of Justice, Victim Costs and Consequences (1996)

43

44 FBI Index Offenses Per 100,000 = /CJS Exp. Per Cap.+80.5*Child Poverty FBI Index Offenses Per 100, 000 = /$ *16.4% = 3880

45 A Measure of Inequity Tools: Tools: Lorenz Curve Lorenz Curve Gini Coefficient Gini Coefficient Benchmarks Benchmarks Everybody has the same income Everybody has the same income Each income between 0$ and $100,000 is equally likely Each income between 0$ and $100,000 is equally likely

46 

47 Equal Distribution of Income

48

49 Uniform Distribution of Income

50 US Family Income, 1994 Source: US Statistical Abstract

51 Figure. Lorenz Curve and Gini Index=Pink Area/0.5 Equal:Gini = 0 Unequal: Gini =1

52 

53 Households includes singles and unrelateds

54

55

56 Victimization Rates by Income Class Source: Report to the Nation on Crime and Justice, Second edition

57

58 Public Goods and Private Goods Private Goods Private Goods consumption uses them up consumption uses them up what you eat is not available to nourish others what you eat is not available to nourish others Public Goods Public Goods consumption does not use them up consumption does not use them up national defense national defense safe streets safe streets educated citizenry educated citizenry

59 Public  Goods Private Goods Optimal Mix Too Few Public Goods Slope of the Production PossibilityFrontier: Marginal Cost of Public Goods ÷ Marginal Cost of Private Goods How Much Government Should There Be? What is the right mix of public goods and private goods?

60Questions Should safety be provided publicly or privately? Should safety be provided publicly or privately? How about safe streets? How about safe streets?

61 Questions What happens when public order breaks down? What happens when public order breaks down? Colombia Colombia Colombia: Kidnap capital of the world Rebels held Alistair Taylor for two years

62 Columbia Monthly # Kidnappings

63 Killingplan “Fighting the paramilitaries is like a burro going up against a tiger” --Displaced Farmer Mother of 5 led 800 Displaced families LA Times Feb 8, 2007

64 Questions What happens when public order breaks down? What happens when public order breaks down? Middle Ages Middle Ages Roaming bands Roaming bands Viking raiders Viking raiders Peasants owed fealty and three days of labor a week to the lord in return for protection within the walls Peasants owed fealty and three days of labor a week to the lord in return for protection within the walls

65 Encyclopedia Britannica This was a necessity in the midst of the civil disorders, enfeebled governments, and barbarian invasions that wracked Europe in the 5th and 6th centuries AD. In such conditions, small farmers and landless labourers exchanged their land or their freedom and pledged their services in return for the protection of powerful landowners who had the military strength to defend them.

66 Questions What happens when public order breaks down? What happens when public order breaks down? Other examples Other examples Mafia provides protection Mafia provides protection Insight towards gangs: sections of cities where the community does not trust the police, gangs fill the vacuum Insight towards gangs: sections of cities where the community does not trust the police, gangs fill the vacuum Iraq: weak central government, Shia militias fill the vacuum, and protect against rival Sunni marauders, exhibit “A” – Sadr City Iraq: weak central government, Shia militias fill the vacuum, and protect against rival Sunni marauders, exhibit “A” – Sadr City

67 Questions; How About Other Public Goods? College education? Should it be private or public? College education? Should it be private or public? UC or Stanford? UC or Stanford? Cal State? Cal State?

68 ????: Safety? Higher Ed? Health Care? LA Times Feb 15, 2007

69 Public  Goods Private Goods Optimal Mix Too Few Public Goods Slope of the Production PossibilityFrontier: Marginal Cost of Public Goods ÷ Marginal Cost of Private Goods How Much Government Should There Be? What is the right mix of public goods and private goods? Social Welfare Function

70Question In a democracy, who determines the mix of private and public goods, i.e. social welfare? In a democracy, who determines the mix of private and public goods, i.e. social welfare?

71 Gini 0.33 Gini 0.45 Gini 0.31 Gini 0.26

72

73

74 Public  Goods Private Goods Optimal Mix Too Few Public Goods Slope of the Production PossibilityFrontier: Marginal Cost of Public Goods ÷ Marginal Cost of Private Goods How Much Government Should There Be? What is the right mix of public goods and private goods? Social Welfare Function Canada US

75 Essay Questions – Final Exam The California Criminal Justice System could be described as a “train wreck”. The California Criminal Justice System could be described as a “train wreck”. Briefly explain why this may be true for enforcement and adjudication Briefly explain why this may be true for enforcement and adjudication Expand on why this seems to be the case for CA corrections. Draw on recent current events for examples. Expand on why this seems to be the case for CA corrections. Draw on recent current events for examples. Describe at least four policy recommendations you could make that would improve the situation. Describe at least four policy recommendations you could make that would improve the situation. The United States has one of the highest levels of GDP per capita in the world. Yet we may not have the highest level of social welfare. Explain The United States has one of the highest levels of GDP per capita in the world. Yet we may not have the highest level of social welfare. Explain

76Recommendations John Kenneth Galbraith, The Affluent Society John Kenneth Galbraith, The Affluent Society Albert O. Hirschman, Exit, Voice and Loyalty Albert O. Hirschman, Exit, Voice and Loyalty