In City Journal, Tal Fortgang makes the case for keeping repeat offenders in prison (which used to be the norm) rather than allowing the small minority of violent criminals to rejoin society ever more easily and more speedily:
Approaching the dock at Alcatraz on a foggy January afternoon, 1991.
Photo by Nicholas Russon
It’s fashionable to blame America’s high incarceration rates on social injustice — and law enforcement — rather than lawbreaking. If policymakers would just provide disadvantaged people with sufficient resources and economic opportunity, on this view, the crime problem could be solved. That utopian vision gained traction during the mad summer of 2020, when activists, rioters, and the mainstream press, reacting to the death of George Floyd in Minneapolis, sought to replace law enforcement with programs that target the root causes of antisocial behavior. “As a society,” wrote activist Mariame Kaba in the New York Times, “we have been so indoctrinated with the idea that we solve problems by policing and caging people that many cannot imagine anything other than prisons and the police as solutions to violence and harm”.
The truth is otherwise. As Hyland’s case exemplified, violent crime is overwhelmingly the work of a small group of repeat offenders — that is, it is highly concentrated. The remedy, as [political scientist James Q.] Wilson argued half a century ago in his classic book Thinking About Crime, is not social engineering but incapacitation: keeping the violent few from striking again.
Most people are not teetering on the edge of felony, waiting to become, in the Left’s favored euphemism, a “justice-impacted individual”. The overwhelming majority of Americans never engage in serious criminal behavior, let alone commit violent felonies like murder or armed robbery. But those who do are likely to do so again, the evidence shows. Indeed, crime’s concentration is one of the most well-established findings in social science. In 1972, University of Pennsylvania criminologist Marvin Wolfgang reported that just 6 percent of males in a birth cohort accounted for 52 percent of all police contacts. (Violent crime, in particular, is overwhelmingly committed by young males.) Thirty years later, a similar study in Boston found that 3 percent of males were responsible for more than half of their cohort’s arrests after age 31.
The pattern holds across time and place. In 2014, data showed that three-quarters of state prisoners — the core of America’s incarcerated population — had at least five prior arrests. Nearly 5 percent had 31 or more, a larger share than those imprisoned after just a single arrest. In 2022, the New York Times reported that “nearly a third of all shoplifting arrests in New York City … involved just 327 people,” or 0.004 percent of the population, who had been “arrested and rearrested more than 6,000 times”. And in Oakland, a gun-violence-prevention group found that about 400 individuals — 0.1 percent of the city — were responsible for most of the city’s homicides. Violence is concentrated geographically as well. It occurs primarily in poor minority neighborhoods, whose members make up most of its victims.
These figures may even understate how concentrated antisocial behavior is. Wolfgang found that the offending minority committed dozens of crimes for every one that led to arrest. Fifty years later, a similar study reported that delinquent youth “self-reported over 25 delinquent offenses for every one police contact … with some youth reporting upwards of 290 delinquent offenses per police contact or arrest”. Combined with the fact that more than 60 percent of violent crimes reported each year go unsolved, the implication is clear: by the time a violent offender ends up in prison, he has likely committed multiple violent acts and many lesser offenses. Again, these patterns are most common among young men “who exhibited more psychopathic features”, the 2022 study’s authors noted, and “who displayed temperamental profiles characterized by low effortful control and high negative emotionality”. As a massive study from Sweden concludes: “The majority of violent crimes are perpetrated by a small number of persistent violent offenders, typically males, characterized by early onset of violent criminality, substance abuse, personality disorders, and nonviolent criminality”.
Update, 2 December: Welcome, Instapundit readers! Please do have a look around at some of my other posts you may find of interest. I send out a daily summary of posts here through my Substack – https://substack.com/@nicholasrusson that you can subscribe to if you’d like to be informed of new posts in the future.
