Western Europe, Canada and Australia have far fewer guns and, compared with the United States, far fewer crimes committed with firearms. From 2000 to 2012 there were an estimated 1,500 gun homicides per year in all of Europe, around 20 percent of total homicides. For a comparable period there were nearly 12,000 annual gun homicides in the United States, eight times as many as Europe, and guns were responsible for 67 percent of all killings. In 1990, a peak year for murder here, the Western European firearm homicide rate was a mere 0.53 per 100,000. The United States rate was 5.57 per 100,000—ten and one-half times higher.
He cites these statistics as part of a claim that incarceration rates in America, while high relative to that in other countries, is not high relative to the dangers that the criminal population presents.
Note that this observation will trouble just about every political view. Conservatives and libertarians will not like to see guns treated as a causal factor in high crime severity. Progressives will not like to see high crime severity as a cause of “mass incarceration.”
Clark Neily attempts to counter Latzer’s overall claim that the U.S. does not over-incarcerate, but I find Latzer’s analysis more persuasive. Let me state my views, which are tentative and impressionistic, rather than well-formed.
1. There may be some margins along which more lenient policies on imprisonment would have little adverse effect on the prevalence of crime, but I am dubious of the view that we would be better off with a much smaller prison population.
2. It is conceivable to me that at some point in the future, prison will be seen as an inhumane solution to crime. Other solutions that protect the public while giving convicted criminals better treatment will have been shown to be superior. But those “other solutions” do not yet exist, or are not widely understood of they do exist.
3. I am convinced by those who say that prosecutors play a game of threatening accused criminals with very severe sentences in order to get them to plead to lesser offenses. You should want the crime with which a prosecutor charges the defendant to be the charge with which the prosecutor expects to convict the defendant, not the charge that can scare the defendant into a plea bargain. Even if the outcomes of the current game are reasonable (i.e., the defendants who plea bargain actually deserve their sentences), the process is rotten. We should figure out what got us into this equilibrium and how to get out of it. Note that what got us into this equilibrium might include characteristics of the judicial process that make it difficult for prosecutors to succeed without playing the plea-bargaining game.
4. We have too many statutory crimes. It would be better to aim for a system with a few statutes, well and uniformly enforced. If you want to see a more tolerant criminal justice system, I would propose that you put more of your energy into the front end of the process (pruning the criminal statutes) than the back end of the process (reducing incarceration of those who are charged). For example, if you think that too many prisoners are serving over-long sentences for drug offenses, then try to change the relevant statutes.