Unusually Cruel, Part III Feedback on our speaker from Monday, Marty Tankleff Feedback on our guest lecturer from Monday, Marc Howard Questions before we start? Baumgartner, POLI 203, Spring 2018

Forms of sentencing used in the US, historically Indeterminate Determinate Structured Mandatory Baumgartner, POLI 203, Spring 2018

Baumgartner, POLI 203, Spring 2018 Drug sentencing Portugal completely legalized after their dictatorship was replaced with a democracy in 1974 Several years of bad outcomes, basically lots of heroin addicts moved there, bad things occurred After a period of settling down, crime is reduced, drug use is not on the rise, etc. What SHOULD BE the penalty for: Sale of drugs Use of drugs Baumgartner, POLI 203, Spring 2018

In every case: US>UK>F>D What the heck? Why is the same crime punished more? Also, a historical trend in the US from lower to harsher punishments, for the same crime. Drugs in particular. Explanations? Racial diversity? Othering? Baumgartner, POLI 203, Spring 2018

Baumgartner, POLI 203, Spring 2018 Prison conditions US: Overcrowding, violence, etc. US: Solitary confinement routinely used as punishment / control (See today’s New York Times for a case from Mississippi https://www.nytimes.com/2018/04/03/us/mississippi-private-prison- abuse.html How does this compare to the other systems? Why is this? Baumgartner, POLI 203, Spring 2018

Baumgartner, POLI 203, Spring 2018 Rehabilitation The 1974 Martinson Report It’s huge impact, coming at a time when the audience was ready to “throw away the key” It’s retraction was never noticed. Re-offending rates increasing in the US Baumgartner, POLI 203, Spring 2018

Comparative Perspectives on Rehabilitation France: home visits for 3-10 days Look for a job before release Family illness / death Maintain social connection Germany: No short prison terms at all (< 6 months; community service / probation) Job training / individualized re-integration plan UK: in between US and Continental model Baumgartner, POLI 203, Spring 2018

Baumgartner, POLI 203, Spring 2018 Parole US in the 1970s, 70% of all released from prison were on parole Today: typical release is expiration of sentence See Figure 6.4, wow. Reasons for decline in parole: mandatory sentencing, change in nature of parole boards, increasingly violent and overcrowded prisons (makes inmates less likely to take advantage of parole), politics of parole, growth in long sentences w/o parole Baumgartner, POLI 203, Spring 2018

Early release in other countries France: Conditional liberty (ankle bracelet, regular meetings with officials…) Reduction of penalty (after ½ of time served, regular meetings to show one has a plan to re-integrate, inmate (and lawyer) make the case they have paid their debt and are ready to be productive) Compassionate release (e.g., age, illness) Germany: Eligible for release after 2/3 of sentence served; first-time offenders ½ of sentence; juveniles 1/3 time; life means 15 years, discretionary release… UK Similar to Germany on this question Baumgartner, POLI 203, Spring 2018

Baumgartner, POLI 203, Spring 2018 Social Re-entry What are / should be the restrictions on: Voting Employment (child sex offenders can’t work at a day care; financial fraudsters can no longer be accountants…) Housing No restrictions even while in prison (Maine, Vermont) Rights immediately restored on release from prison (14 states) Restored after parole completed (4 states) Excluded for those on felony probation (even if not incarcerated) (18 states) Even longer restrictions, post-incarceration, including lifetime bans (12 states) Number excluded from voting: <1.2m in 1976; > 6m in the 2016 presidential election Baumgartner, POLI 203, Spring 2018

Let’s explain these differences Race Religion Politics Business Baumgartner, POLI 203, Spring 2018