About This Blog

Judging Crimes is a blog about criminal law, violent crime and the judiciary, dedicated to making the liberal case for greater democratic control of the criminal justice system.  It's a "view from the trenches" because it's written by a practitioner, not an academic or journalist.  It examines the changing role of the judiciary in American society by looking at what judges actually do, rather than what they say.  I know what they do because I deal with the consequences every day. 

Opinions issued by judges, from Supreme Court justices on down, are justifications for the exercise of governmental power.  But it is the exercise of power itself that should command our attention, not the justifications.  Judging Crimes is concerned with the reality of judicial power rather than the verbal formulas used to defend it. 

American law professors have long liked to say they teach their students "to think like a lawyer."  Learning to think that way is a matter of internalizing certain assumptions.  The practice of judging is likewise based on a foundation of shared assumptions, among them that the United States Constitution -- a document of 8,335 words, the length of a book chapter -- provides an answer to every question.  Rather like a Ouija board.

These assumptions are so ingrained -- and their internalization is so necessary to the successful practice of law -- that most people who subscribe to them aren't even aware of having done so.  Judging Crimes will try to engage not just with the expressions of judicial power, but with the assumptions on which those expressions  rest.  

Judging Crimes won't be filled with daily entries commenting on the day's events or provide a best-of-the-web welter of links.  Many other blogs already do that, far better than I could hope to do.  (Check out these.)  Instead, Judging Crimes will contain pieces of a length that might seem long for a blog but would be short in a serious magazine.  I hope to post new pieces several times a week.

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« 183. Why is courtroom reporting so bad? | Main | 181. Life imitates Animal House »
Saturday
Oct142006

182. Numbers racket

ABC News' website ran a story on Thursday headlined, "Startling New Stats Show Cross-Country Crime Spike."  Now, that's a good headline.  The alliteration is satisfying, and beginning with "startling" and ending with "spike" produces a pleasing symmetry, not just of sibilants but of bookended promises of drama.  And "cross-country crime," with its echo of that evergreen the cross-country crime spree, adds a subtle overtone of menace.

Anyway, here's one of the startling spike stats: "Murder was up in 26 of 53 cities".  Now, I agree that rising murder rates anywhere are worrisome.  But ABC's stat tells us that murder rates stayed the same or dropped in 27 cities.  If I were to tell you that 26 cities saw an increase in the number of Italian restaurants, while in 27 cities the number of Italian restaurants stayed the same or dropped, what would you conclude about the nationwide trend in Italian restaurants?

Crime statistics are always subject to intentional massaging, as the New York Times reported recently in a story headlined: "A Very Violent School, or Just Very Honest?", reporting that Rome Free Academy in upstate New York was listed as one of the 10 most dangerous schools in Gotham's state, which is just laughable.   Apparently, only one principal in the state failed to get the memo about reporting violent incidents.

A teacher at a notoriously violent high school in Albuquerque once told me the administration had established a firm policy that teachers were not to  break up fights.  I used to assume that policy was intended to avoid injury to the teachers, but I now suspect it also serves the purpose of permitting the administration to pretend it was unaware of the incident when compiling statistics.

But given a couple grains of salt, changes in crime statistics tell us a lot.  The problem is that it's not always easy to be sure what, exactly.  Arguments about whether this or that initiative "works" or not look at single variables, and of course there's no single variable that explains more than part of the story.

The nationwide drop in murder rates during the 1990s and continuing for the first few years of the new century was certainly welcome, but it was just a drop from a hideous high.  Washington had 81 homicides in 1960 and 482 in 1991, even as the city's population dropped by about 165,000 - and despite concurrent advances in emergency response services and medical care that vastly reduced the "lethality rate" - the percentage of shooting and stab victims who die from their wounds.  2000's number of homicides (241) was just half the 1991 figure - but it was also three times the 1960 figure.

One obvious reason why the murder rate dropped in the years following the peak - no more than part of the story, but a part I haven't seen emphasized anywhere - is that by the late 1990s, so many dangerous people were dead.  At any given time, in any given population, there is only a small number of people - or, rather, teenaged boys and young men - who are prepared to kill, or to participate in the kill-or-be-killed gang culture.  A city can't lose several thousands of them in just a few years without some effect.

If there's any validity to that partial explanation, you'd expect the murder rate to start creeping up again as a new generation of dangerous people grows into - well, not into maturity, exactly.  Interestingly, the District itself doesn't show an uptick, according to these statistics, but Maryland's Prince George County, just across the border, certainly has.  Last year its number of recorded homicides topped the all-time record set in 1991.

Reader Comments (1)

I think you also need to take into account the factor discussed in the book Freakanomics - by the mid to late 1990's, the first generation of children of poor single women who would have been born before Roe v. Wade were not born but aborted. Right when this generation was coming of age - a large portion of kids who would have been in the crime prone segment simply never existed.
October 17, 2006 | Unregistered Commentermichael

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