Tag: criminal justice

Poor Defendants Should Get to Choose Their Lawyers Too

Americans may take for granted that if they’re ever accused of a crime, they can choose their own attorney to represent them. The Supreme Court has ruled that Americans have a right to counsel in serious criminal cases, and nobody seriously argues that the government should make that important decision for us.  

Yet that is exactly what happens across the country when defendants are too poor to hire their own attorneys.  While other countries such as the United Kingdom have long allowed indigent defendants to choose their own lawyers, American jurisdictions historically restrict that choice to either a court-appointed lawyer or an assigned public defender. 

In 2010, the Cato Institute published a study, Reforming Indigent Defense, which proposed a client choice model where poor persons accused of crimes would be able to choose their own attorney to represent them in court. If the accused opted for the public defender, he could make that choice, but if he wanted to explore other options, he could do that also.  The Texas Indigent Defense Commission became aware of the Cato report and decided to give it a try with a pilot program in Comal County, near San Antonio. The program went into operation in 2015.  

Today, the Justice Management Institute released an evaluation based on two years of data from the Comal Client Choice program.  The report, called The Power of Choice: The Implications of a System Where Indigent Defendants Choose Their Own Counsel, suggests that the program is working as well or better than the old system across a variety of metrics.  

The JMI study looks at four factors to assess the viability of the Comal program:

  • Does the model impact the quality of representation?  
  • Does the model produce a higher level of satisfaction and procedural justice?
  • Does the model impact case outcomes?
  • What is the impact of the model on overall cost and efficiency?

The study compares the results of Client Choice participants with the representations of defendants who chose to use the pre-existing court-appointment system.

While some aspects of representation were the same for both groups (for instance, client assessments of how hard their lawyers worked were not statistically distinguishable), participants in the Client Choice program were able to meet with their lawyers more quickly, had a stronger sense of fairness, and were more likely to either plead to lesser charges or exercise their right to trial than their peers.  The report also finds that the Client Choice program did not increase costs in the system.

Perhaps as important as any objective metric, a majority of defendants who were offered the ability to choose their own attorney opted to do so, suggesting that giving indigent defendants some agency in their choice of representation has a value in itself.  Freedom of choice matters to people.  

In too many jurisdictions, indigent criminal defense is in a state of crisis. Texas is in the vanguard with its Client Choice program. Hopefully these promising results will encourage more jurisdictions to consider injecting choice and market principles into their indigent defense systems.

 

77% Say On-Duty Police Shouldn’t Swear at People

Nearly 20% of Americans report a police officer having used profanity with them. Yet, an overwhelming majority—77%—of Americans say police should be prohibited from using profanity or swearing at citizens while on the job. Twenty-three percent (23%) say police ought to be allowed to swear at citizens while on duty, according to a newly released Cato Institute/YouGov survey.

Find the full public opinion report here.

Opposition to police profanity reaches rare bi-partisan consensus—77% of Democrats and 75% of Republicans agree that police shouldn’t swear at people. Americans of virtually every demographic group identified strongly oppose allowing police use such language, including 77% of whites, 82% of blacks, and 72% of Latinos.

Why might police profanity matter? First, police image matters, and profanity could make police appear unprofessional, undisciplined, or “lacking self-control” as one research subject put it. Research experiments have shown that police using profanity are perceived as less fair and impartial. Further, police using profanity at the same time as using physical force with a person may cause people to view the force as excessive.  Given that personal encounters with police may be the strongest driver of attitudes toward law enforcement, one bad experience with police profanity may significantly harm a person’s willingness to trust and cooperate with police.

Second, some have argued that officers using profanity can “set someone off” and unnecessarily escalate confrontations with people leading to more force being used than was otherwise needed. Third, some contend police using such language can harm officers during court proceedings by appearing less sympathetic in front of the judge and jury.

79% Want Police Misconduct Investigated by Independent Agencies

In most jurisdictions, local police departments typically conduct internal investigations of police officer shooting and misconduct complaints.[1] However, 79% of Americans would prefer that an “outside law enforcement agency take over the investigation” when an officer is suspected of criminal wrongdoing. Alternatively, 21% favor police departments conducting internal investigations of their own officers.

The proposal to have outside investigations of misconduct, rather than internal department investigations, enjoys broad public support. Overwhelming majorities across demographics and partisan groups, including majorities of blacks (82%), whites (81%), Hispanics (66%), Republicans (76%), independents (77%), and Democrats (83%), all favor outside investigations and prosecutions of officers accused of misconduct.

Find the full public opinion report here. 

For public opinion analysis sign up here to receive Cato’s upcoming digest of Public Opinion Insights and public opinion studies.

 The Cato Institute/YouGov national survey of 2000 adults was conducted June 6–22, 2016 using a sample drawn  from YouGov’s online panel, which is designed to be representative of the U.S. population. YouGov uses a method  called sample matching, and restrictions are put in place to ensure that only the people selected and contacted by  YouGov are allowed to participate. The margin of sampling error for all respondents is +/-3.19 percentage points.  The full report can be found here, toplines results can be found here, full methodological details can be found here.

 


[1] USCCR, “Revisiting Who Is Guarding the Guardians? A Report on Police Practices and Civil Rights in America,” U.S. Commission on Civil Rights, November 2000, http://www.usccr.gov/pubs/guard/main.htm.

Americans Want Police to Prioritize Fighting Violent, Property Crime, but Few Prioritize Drug War

Although Americans are divided in their perceptions of how police do their jobs, majorities across demographic and partisan groups agree on what law enforcement’s top priorities ought to be.

A newly released Cato Institute/YouGov survey of 2,000 Americans finds that when people are asked to select their top three priorities for the police they choose the following:

  1. Investigating violent crime like murder, assaults, and domestic violence (78%)
  2. Protecting individuals from violent crime (64%)
  3. Investigating property crime and robbery (58%)

Notably, only 30% think police should make enforcing drug laws a top three priority. Some may find these results surprising, given that police made more arrests for drug abuse violations (1.6 million) than they did for violent crimes (498,666) in 2014. The estimated number of violent crimes committed that year was 1.2 million.

Find the full public opinion report here.

Nineteen percent (19%) say police should make enforcing traffic laws a top priority. In other words, Americans de-prioritize the task leading to the most common interaction individuals have with the police—receiving a traffic ticket.[1]

Another 18% think police should prioritize going beyond traditional law enforcement responsibilities by “providing guidance and social services to troubled young adults.” And another 12% say police enforcing public nuisance laws is most important. 

Black, white, and Hispanic Americans, Democrats and Republicans prioritize the same top three tasks for law enforcement. However, groups differ in their intensity of support. African Americans and Hispanics (45%) and Democrats (51%) are less likely than white Americans (63%) and Republicans (63%) to prioritize the police investigating property crime and robbery. (Although this difference largely dissipates among individuals above the median income.) African Americans, Latinos, and Democrats (27%) are about twice as likely as whites (15%) and three times as likely as Republicans (9%) to say the police should prioritize “providing guidance and social services to troubled young adults.”

No racial group is more likely to prioritize the police enforcing drug laws—30% of whites, Hispanics, and blacks each say it should be a top priority. Even partisans generally de-prioritize fighting the drug war. Thirty-five percent (35%) of Republicans and 27% of Democrats say it should be a top three priority.

Despite these modest differences, Americans across partisanship and demographics agree that the police should prioritize fighting violent and property crime and protecting people from being victims of violence. 

For public opinion analysis sign up here to receive Cato’s upcoming digest of Public Opinion Insights and public opinion studies.

The Cato Institute/YouGov national survey of 2,000 adults was conducted June 6–22, 2016 using a sample drawn from YouGov’s online panel, which is designed to be representative of the U.S. population. YouGov uses a method called sample matching, and restrictions are put in place to ensure that only the people selected and contacted by YouGov are allowed to participate. The margin of sampling error for all respondents is +/-3.19 percentage points. The full report can be found here, topline results can be found here, and full methodological details can be found here.


[1] Christine Eith and Matthew R. Durose, Contacts between Police and the Public, 2008, edited by Bureau of Justice Statistics (Washington, D.C.: U.S. Department of Justice, 2011), https://www.bjs.gov/content/pub/pdf/cpp08.pdf.

Black Republicans and White Republicans Disagree About Bias in the Justice System

Survey data shows that black Republicans and Hispanic Republicans are far less likely than white Republicans to believe the nation’s criminal justice system is impartial.

I was able to combine two surveys conducted by the Cato Institute that included the same question on impartiality in the justice system to obtain a much larger sample size.[1] This offers an opportunity to take a look at how Republicans who are black, white, and Hispanic think about the justice system. Why do this? Essentially this “controls for” or accounts for the effect of political values when looking at how different racial/ethnic groups evaluate bias in the justice system.

Deep Racial Divide in Perceptions of Police and Reported Experiences, No Group Is Anti-Cop

In the wake of the mistrial of police officer Michael Slager accused of shooting and killing unarmed Walter Scott as he ran away, a new Cato Institute/YouGov survey of public attitudes toward the police finds a 38-point gap between white and black Americans’ perception that police are too quick to resort to deadly force.

Nearly three-fourths (73%) of African Americans and 54% of Hispanics believe the police are “too quick to use deadly force,” compared to 35% of white Americans. Instead, 65% of white Americans believe police resort to lethal force “only when necessary.” 

When it comes to police tactics overall, black Americans (56%) are more likely to think they are “too harsh” compared to white (26%) and Hispanic (33%) Americans. Majorities of whites (67%) and Hispanics (58%) believe police generally use the right amount of force for each situation.

Find the full public opinion report here.

Is the Justice System Impartial? 

Only 17% of African Americans believe the criminal justice system treats all Americans equally and only 31% are highly confident their local police department treats all racial groups impartially. Whites are 32 points more likely to believe the justice system treats everyone equally (49%) and a solid majority (64%) are confident their local police are impartial. Hispanics fall in between with 27% who think the justice system and 42% who believe their local police treat everyone the same. Among all Americans, only 42% think all are treated equally by the justice system but 56% are highly confident their local police department treats everyone equally. 

Are Police Trustworthy and Held Accountable?

Strikingly high numbers of whites (46%), blacks (61%), and Hispanics (61%) think that “most” police officers “think they are above the law.” Overall, nearly half (49%) of all Americans worry that police think the law doesn’t entirely apply to them. 

Nearly two thirds (64%) of black Americans and a majority (51%) of Hispanic Americans believe police are “generally” not held accountable for misconduct when it occurs. This is 21 points higher than the 43% of white Americans who also share this view. Instead, a majority (57%) of whites think police are generally brought to account. 

Are Police Effective?

African Americans (41%) and Hispanics (41%) are twice as likely as white Americans (29%) to say they are “extremely” or “very” worried about crime. Furthermore black Americans (41%) are more than twice as likely as whites (17%) or Hispanics (15%) to say they know someone who was murdered.

Despite more salient fears over safety, only 44% of African Americans are highly confident their local police department responds quickly to a call for help. White Americans are 15 points more confident (59%) in their local police to come quickly if needed.  In a similar pattern, white Americans are about 20 points more likely than black Americans to give their local police high marks for protecting them from crime (60% vs. 38%) and enforcing the law (64% vs. 44%). Hispanics fall in between with about half who give their police high marks for enforcing the law, protecting them from crime, and responding promptly.

Do the Police Care About You?

Only 37% of African Americans are highly confident their local police department cares about the people they serve. White Americans (59%) are far more confident that their local police cares. A little less than half of Hispanic Americans (47%) agree.

Are the Police Courteous?

White Americans (62%) are 19 points more likely than African Americans (43%) and 13 points more likely than Hispanic Americans (49%) to rate their local police departments highly for being courteous.

White, Hispanic, and Black Americans Report Different Experiences with Police

Most Americans have personally had positive experiences with the police but those who have experienced verbal and physical misconduct are disproportionately black and Hispanic.

African Americans are nearly twice as likely as whites to say a police officer swore at them. About a quarter of African Americans (26%) and Hispanics (22%) report a police officer personally using abusive language or profanity with them compared to 15% of white Americans. The study also found some evidence that suggests whites who are highly deferential toward the police are less likely to report experiences with police profanity, whereas blacks and Latinos who are highly deferential do not report similarly improved treatment. [1] 

African Americans are about twice as likely as white Americans to know someone physically abused by police. Thirty-nine percent (39%) of African Americans know someone who has been physically mistreated by the police, as do 18% of whites and 27% of Hispanics.

Higher-income African Americans report being stopped at about 1.5 times the rate of higher-income white Americans. In contrast, lower income African Americans report being stopped only slightly more frequently than lower income white Americans.

African Americans (50%) are also about 30 points less likely than whites (70%) and Latinos (66%) to report being satisfied with their personal police encounters over the past 5 years.

Favorability Gap Toward Police Has Changed Little Over Past 50 Years

Taking these results together, it comes as little surprise that there is a wide racial gap in favorability toward the police.  Only 40% of black Americans have a favorable view compared to 68% of white Americans. Hispanic Americans fall in between with 59% who share a positive view of the police.

What is particularly surprising, however, is that these numbers haven’t changed much since 1970 when 67% of white Americans and 43% of African Americans had a favorable view of the police—nearly identical to today’s numbers.[2] 

New In the Summer Issue of Regulation

The latest issue of Regulation magazine has been released on the Cato website.

The cover article, by Christopher Robertson and Jamie Cox Robertson of the University of Arizona, examines the extent of over incarceration in the U.S.  Why are so many innocent people convicted of crimes? They review recent scholarship that concludes that many types of evidence introduced by prosecutors to convince jurors of guilt, such as bite mark, fingerprint, and bullet analysis, are not scientifically reliable. The authors suggest various remedies to the wasteful incarceration problem including public rewards for attorneys who demonstrate that a prisoner should be released.

Researchers John Lott and Gary Mauser explore empirical research on firearms. They found that the findings of such research vary systematically with the disciplinary orientation of the authors.  A large majority of articles written by economists find that expanded legal access to firearms reduces crime and does not increase the suicide rate, and that gun owners who are approved for concealed-carry are less likely to commit crimes than ordinary Americans. In contrast Criminologists were more evenly divided on these questions.

Two articles critique regulatory rationales rooted in behavioral economics. In Infantilization by Regulation law professors Jonathan Klick and Greg Mitchell argue that protecting people from the effects of their choices reduces their ability to think critically about them.  Georgetown ethics professor John Hasnas explores how much liberty is preserved under modern “libertarian paternalism.” He then asks whether the insights of behavioral economics apply to public decisions, argues yes, and concludes that U.S. Constitution is an excellent example of choice architecture.

One of the most discussed topics in higher education policy is the rate of inflation in university tuition. Top William and Mary economists find empirical evidence that highly selective schools reduce financial aid to students who receive federal tuition support.

In our Briefly Noted articles economist Ike Brannon argues that cities harm transit riders by over-providing subsidized parking near street corners. Brannon and the American Action Forum’s Sam Batkins question whether expanded family leave policies would harm workers. University of California, Irvine emeritus professor Richard McKenzie shares the results of his survey that found servers at fast-casual restaurants would not support substituting higher hourly wages for the current tipped-wage system. Finally, University of Michigan professor Thomas Hemphill lays out a practical approach to reforming occupational licensing laws.

Book reviews include Free Market Environmentalism reviewed by Timothy Brennan, Robert Reich’s Saving Capitalism and Robert Gordon’s The Rise and Fall of American Growth reviewed by David R. Henderson, and Phil Murray’s review of Dani Rodrik’s Economics Rules.

 

My Working Papers column describes papers on cigarette taxes and food stamps, e-cigarettes and adolescent smoking, corporate inversions, and public housing and crime.

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