Richard Moran

If you are looking for an explanation of why we don't get tough with criminals, you need only look at the numbers. Each year almost a third of the households in America are victims of violence or theft. This amounts to more than 41 million crimes, many more than we are able to punish. There are also too many criminals. The best estimates suggest that 36 million to 40 million people (16 to 18 percent of the U. S. population) have arrest records for nontraffic offenses. We already have 2. 4 million people under some form of correctional supervision, 412, 000 of them locked away in a prison cell. We don't have room for any more!
The painful fact is that the more crime there is the less we are able to punish it. This is why the certainty and severity of punishment must go down when the crime rate goes up. Countries like Saudi Arabia can afford to give out harsh punishments precisely because they have so little crime. But can we afford to cut off the hands of those who committed more than 35 million property crimes each year? Can we send them to prison? Can we execute more than 22,000 murderers?
We need to think about the relationship between punishment and crime in a new way. A decade of careful research has failed to provide clear and convincing evidence that the threat of punishment reduces crime. We think that punishment deters crime, but it just might be the other way around. It just might be that crime deters punishment: that there is so much crime that it simply cannot be punished.
This is the situation we find ourselves in today. Just as the decline in the number of high-school graduates has made it easier to gain admission to the college of one's choice, the gradual increase in the criminal population has made it more difficult to get into prison. While elite colleges and universities still have high standards of admissions, some of the most "exclusive" prisons now require about five prior serious crimes before an inmate is accepted into their correctional program. Our current crop of prisoners is an elite group, on the whole much more serious offenders than those who were once imprisoned in Alcatraz.
These features show that it makes little sense to blame the police, judges or correctional personnel for being soft on criminals. There is not much else they can do. The police can't find most criminals and those they do find are difficult and costly to convict. Those convicted can't all be sent to prison. The society demands that we do everything we can against crime. The practical reality is that there is very little the police, courts or prisons can do about the crime problem. The criminal justice system must then become as powerless as a parent who has charge of hundreds of teenage children and who is nonetheless expected to answer the TV message: "It's 10 o'clock! Do you know where your children are?"
A few statistics from the Justice Department's recent "Report to the Nation on Crime and Justice" illustrate my point. Of every 100 serious crimes committed in America, only 33 are actually reported to the police. Of the 33 reported, about six lead to arrest. Of the six arrested, only three are prosecuted and convicted. The others are rejected or dismissed due to evidence or witness problems or are sent elsewhere for medical treatment instead of punishment. Of the three convicted, only one is sent to prison. The other two are allowed to live in their community under supervision. Of the select few sent to prison, more than half receive a maximum sentence of five years. The average inmate, however, leaves prison in about two years. Most prisoners gain early release not because parole boards are too easy on crime, but because it is much cheaper to supervise a criminal in the community. And, of course, prison officials must make room for the new prisoners sent almost daily from the courts.