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Since the crime explosion of the 1960s, the prison population in the United States has multiplied fivefold, to one prisoner for every hundred adults--a rate unprecedented in American history and unmatched anywhere in the world. Even as the prisoner head count continues to rise, crime has stopped falling, and poor people and minorities still bear the brunt of both crime and punishment. When Brute Force Fails explains how we got into the current trap and how we can get out of it: to cut both crime and the prison population in half within a decade.
Mark Kleiman demonstrates that simply locking up more people for lengthier terms is no longer a workable crime-control strategy. But, says Kleiman, there has been a revolution--largely unnoticed by the press--in controlling crime by means other than brute-force incarceration: substituting swiftness and certainty of punishment for randomized severity, concentrating enforcement resources rather than dispersing them, communicating specific threats of punishment to specific offenders, and enforcing probation and parole conditions to make community corrections a genuine alternative to incarceration. As Kleiman shows, "zero tolerance" is nonsense: there are always more offenses than there is punishment capacity. But, it is possible--and essential--to create focused zero tolerance, by clearly specifying the rules and then delivering the promised sanctions every time the rules are broken.
Brute-force crime control has been a costly mistake, both socially and financially. Now that we know how to do better, it would be immoral not to put that knowledge to work.
- Sales Rank: #514900 in Books
- Brand: Brand: Princeton University Press
- Published on: 2009-09-06
- Original language: English
- Number of items: 1
- Dimensions: .90" h x 6.10" w x 9.20" l, 1.10 pounds
- Binding: Hardcover
- 256 pages
Features
- Used Book in Good Condition
Review
One of Economist's Best Books for 2009
"One way to make apprehension and punishment more likely is to spend substantially more money on law enforcement. In a time of chronic budget shortfalls, however, that won't happen. But Mr. Kleiman suggests that smarter enforcement strategies can make existing budgets go further. The important step, he says, is to view enforcement as a dynamic game in which strategically chosen deterrence policies become self-reinforcing. . . . It is an ingenious idea that borrows from game theory and the economics of signaling behavior. . . . Revolutionary."--Robert H. Frank, New York Times
"Mass incarceration was a successful public-policy tourniquet. But now that we've stopped the bleeding, it can't be a permanent solution. . . . [I]t requires a more sophisticated crime-fighting approach--an emphasis, for instance, on making sentences swifter and more certain, even as we make them shorter; a system of performance metrics for prisons and their administrators; a more stringent approach to probation and parole. (When Brute Force Fails, by the U.C.L.A. law professor Mark Kleiman, is the best handbook for would-be reformers.)"--Ross Douthat, New York Times
"'Big cases make bad laws' is a criminological axiom, and one with which Mark A. R. Kleiman agrees, in When Brute Force Fails: How to Have Less Crime and Less Punishment. Kleiman blames big cases and bad laws for another distinctive feature of American life: 2.3 million people are currently behind bars in the United States. . . . At what point, Kleiman wonders, will incarceration be a greater social ill than crime? He proposes, for lesser offenders, punishments that are swift and certain but not necessarily severe: a night in jail, instead of a warning, for missing a meeting with a parole officer, say, and ten nights the next time."--Jill Lepore, New Yorker
"From Kennedy and Kleiman to Alm and Meares, the judges and scholars developing new deterrence strategies are changing the way we think about parole, probation, gang violence and drug markets."--Jeffrey Rosen, New York Times Magazine
"In his recent book, When Brute Force Fails, UCLA's Kleiman argues that new strategies for targeting repeat offenders--including reforms to make probation an effective sanction rather than a feckless joke--could cut crime and reduce prison populations simultaneously. Safer communities, in turn, might produce more hopeful and well-disciplined kids."--David Von Drehle, TIME Magazine
"Mark Kleiman's new book, When Brute Force Fails, draws on the bedrock of economic logic--rational actors using incentives to make optimal decisions--to arrive at a sweeping overhaul of how we deter, punish and sentence. . . . Kleiman says we can have more effective deterrence by becoming more efficient in the use of resources to control crime. . . . Kleiman's theory of 'dynamic concentration' is the best example of economic logic used cautiously and innovatively to address a social problem. . . . If you want a no-nonsense guide to using incentives to build a better mousetrap, this is the book for you."--Sudhir Venkatesh, Forbes
"Absolutely buy this book and dedicate some time to it. . . . This is the most important social science book I've read in many years."--Reihan Salam, Bloggingheads.tv
"In . . . When Brute Force Fails, Kleiman argues that such capricious enforcement undermines efforts to reduce crime, and moreover that tough penalties--such as the long sentences that have contributed to clogged prisons--don't do much to help, despite their high cost. The alternative, Kleiman suggests, is a paradigm called 'swift and certain' justice, first proposed by Cesare Beccaria in the 18th century: immediate, automatic penalties--though not necessarily severe ones--doled out by credible, identifiable figures. . . . [I]t seems likely that the invasive surveillance model, combining tracking technology and the Kleiman/Alm paradigm of 'swift and certain' justice, could offer an alternative to much of the waste--in human as well as economic terms--of our current, dysfunctional system."--Graeme Wood, Atlantic
"Mark Kleiman, a professor of public policy at the University of California (Los Angeles), contend[s] that for violent as well as nonviolent offenders, long prison terms--which most potential criminals don't expect to incur--do less to deter crime than would swifter and surer imposition of less onerous penalties. Even probation, Kleiman writes, can be a real deterrent if accompanied by tough conditions and oversight. In his recent book, When Brute Force Fails: How to Have Less Crime and Less Punishment, Kleiman argues that the correct reforms would lead to 'half as much crime and half as many people behind bars 10 years from now.'"--Stuart Taylor Jr., National Journal
"Kleiman's recommendations appear to work. If they do, every community should be considering how to apply them. The current ways, the tough-sounding sentences, the random zero-tolerance, the throw 'em-in-jail-and-throw-away-the-key approach, feels right. But maybe it's wrong."--Royal Oak Daily Tribune
"[Kleiman] brings to his analysis a formidable array of statistics and case studies, which, fortunately for the reader, he uses to illuminate rather than overpower. . . . Having dissected the problem as he sees it, Kleiman offers in his final chapter a series of tips he believes will reduce both crime and the cost of correction and punishment. It is a trenchantly-stated starting point for reformers and fiscal conservatives alike."--Edward Morris, ForeWord Magazine
"Offenders are not 'rational actors' in the normal sense, explains UCLA professor Mark A.R. Kleiman in his book, When Brute Force Fails. Their cost-benefit calculations are skewed toward the immediate future, which means a delayed punishment won't feel tied to the offense. . . . Even [James Q.] Wilson, the godfather of 'tough on crime,' has endorsed Kleiman's book. 'This is very good. It's not quite as good as Einstein predicting the shift of light behind Mars . . . but it's a step in the right direction,' Wilson said while appearing alongside Kleiman on a panel at the American Enterprise Institute (AEI) in October."--Adam Serwer, American Prospect
"One of the most admired liberal policy books of the season, Mark Kleiman's When Brute Force Fails, argues for reconsidering current law enforcement policy."--David Frum, The Week
From the Back Cover
"This is very good. It's not quite as good as Einstein predicting light bending around the sun, . . . but it's a step in the right direction."--James Q. Wilson
"Absolutely buy this book. Dedicate some time to it. . . . This is the most important social science book I've read in many years."--Reihan Salam, New America Foundation
"For two decades, Mark Kleiman has tried to rescue community corrections from its own incompetence as well as from its critics. In When Brute Force Fails he extends his reach to develop a more sensible system of criminal justice. The book is imaginative, thorough, and readable. It will make a difference in public policy."--Peter Reuter, University of Maryland
"Mark Kleiman draws on a mixture of common sense, rationality, analysis, and individual case studies to develop clear policy recommendations about how to reduce crime while cutting costs. Policymakers, constrained by increasingly tight budgets, would be well advised to give serious consideration to his approaches and proposals."--Alfred Blumstein, Carnegie Mellon University
"Ideas that make a real difference don't come along often. Mark Kleiman's got a big one here."--Robert H. Frank, Cornell University
"Crime is costly. Punishment is costly. Mark Kleiman shows how, by being clever rather than vindictive, we can have much less of both than anyone thought possible. This book is the order of battle for a historic victory of intelligence over evil."--Michael O'Hare, University of California, Berkeley
"This is a terrific book on crime control, one that will inform experts and laypeople alike. Kleiman speaks about crime control with clarity and informed common sense."--Jim Leitzel, University of Chicago
"This book is destined to be a classic. There have been few new ideas for how to implement deterrence and this book is a fresh start at tackling the problem. It reads beautifully and is one of the most innovative and original contributions to the crime-control debate in a decade or more."--Robert J. MacCoun, University of California, Berkeley
About the Author
Mark A. R. Kleiman is professor of public policy at the University of California, Los Angeles. He is the author of "Against Excess: Drug Policy for Results" and "Marijuana: Costs of Abuse, Costs of Control".
Most helpful customer reviews
23 of 24 people found the following review helpful.
An Escape From the Routine
By Thomas E. Engells
Mark Kleiman has had an interesting career which included public service, academia and stints in the private sector. He notes at his acknowledgements that, "I realize that I have been preparing to write this book for most of a lifetime..." Kleiman then weighs in on controversies as varied as gun control to drug policy. In an eleven chapters he weaves an interesting argument that produces a tapestry that includes both broad generalizations as well as a healthy number of extremely specific recommendations for action across society as a whole.
As one would expect, crime control - a perennial popular public policy issue - has some well entrenched positions that are assumed by advocates on reflex. Kleiman argues at the introduction that:
"The first step in getting away from brute force is to want to get away from brute force: to care more about reducing crime than about punishing criminals, and to be willing to choose safety over vengeance when the two are in tension."
When grappling with crime control, he advocates additional considerations be factored into a real solution -concentration of resources and direct communication of deterrent threats to likely offenders.
Simply this book is guaranteed to upset almost every reader's comfort level at some point, to prove this I refer you to his sixteen page final chapter innocuously labeled as "An Agenda for Crime Control". Kleiman ultimately concludes that "Liberals will have to swallow the idea that improved coercion is as necessary as improved conditions. Conservatives will have to swallow the ideas that punishment is a cost and not a benefit and that the measure of the efficacy of a threat is how often it does not need to be carried out, plus the fact that providing services to actual and potential offenders can in some circumstances control crime more effectively and more cost-effectively than law enforcement."
This book is a worthwhile investment of your time.
9 of 11 people found the following review helpful.
Superb, evidence-based analysis of America's crime and punishment problem
By Matthew R. Sleeter
Professor Kleiman employs psychology, economics, game theory, and real-world examples to explain why harsher punishments are often less effective at controlling the behavior of criminals than targeted, swift and certain punishments. He persuasively argues that we can significantly reduce crime and punishment (particularly punishment of the prison incarceration variety) by focusing enforcement resources to make the threat of getting caught and going to jail a real threat thereby reducing the costs on society of crime, punishment, and the steps taken by law-abiding citizens to protect themselves from crime. A thoroughly enlightening read, When Brute Force Fails forced me to think about the costs to society crime causes in a way I had never considered before (the price you pay for gas at the pump would likely be less if you didn't have to drive to your job from your home in the suburbs every day. A home you likely own because it is too dangerous to live in the city and the crumbling infrastructure is no place you want to raise your children.) A must read for policy makers and concerned citizens alike.
3 of 3 people found the following review helpful.
Brilliant, often fascinating, but easy to put down
By algo41
Kleiman is a brilliant analyst, with seemingly no pre-conceived notions. Both liberals and conservatives will find lots to agree with and lots to challenge their current thinking. Much of the book is very interesting, but the one problem is that many of the policy discussions are just too detailed for the general reader.
More incarceration has helped bring the crime rate down, but at a great cost to society as well as the prisoners and their families. Sentencing must attempt to identify those offenders with the most potential for future crime, and give them longer sentences. To this end, even juvenile criminal history should be considered in sentencing, whereas currently it is not. If parole were more effective, more prisoners could be released without driving up the crime rate too much (or maybe not at all). While simply increasing parole supervision has had poor results, the H.O.P.E. pilot implementation in Hawaii shows smarter parole management can work: consequences for parole violations need not necessarily be severe, and should not be severe for minor violations, but they must be certain, and immediate; e.g. Honolulu tested for drug violations on the spot (rather than sending out the sample). Ankle bracelets providing location, and restrictions on movement, could be applied when there is some parole violation. Drug programs tend not to be cost effective, and should therefore be voluntary, which would increase the benefits per dollar spent. Many addicts cure themselves of clinical dependency (does this include participation in free programs like N.A. and A.A., Kleiman does not make this clear).
The effectiveness of incarceration as a deterrent depends less on the severity than it does on the certainty, and immediacy. In Philadelphia the new DA has vowed to fix the bail system, because "defendants had learned to "defeat the system" by failing to show up for court, wearing down witnesses and causing cases to collapse in large numbers each year". [...]
The "broken window" theory of crime control (don't tolerate minor infractions) works because it enhances perceptions of a strong police presence and encourages neighborhood cooperation. The type of drug dealing it is most important to control are public markets, not only because of perceptions, but because dealers out in the open invite violence for control of territory, and tend to be more violent themselves than the discreet dealer. Gangs should know that violence by some of their members will result in more police attention and enforcement against the entire gang for even minor offenses.
While social programs in general may not be cost effective if measured only by their impact on crime, some may be, or come close: home visits to expectant mothers, outreach to the mentally ill, and reduction in child exposure to lead. Higher taxes on alcohol would reduce crime.
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