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8/7/2007
Do we need 117 new prosecutors?
So the state does an audit and says we have a shortage of 117 Assistant D.A.’s in counties throughout the state. Then lots of counties whine about how the state cut prosecutor positions, while at the same time, case numbers have skyrocketed. My oh my oh my.
117 new prosecutors? I'm not sure I buy it. And here’s why.
The Wisconsin Taxpayers Alliance (WISTAX) a few years ago, attempted to compare Wisconsin’s corrections situation with comparable activity and spending nationwide.
Along the way, WISTAX looked at crime rates and arrest rates as well. Here’s how Wisconsin stacked up.
Violent Crime In 2002, Wisconsin ranked 45th in the country, with a violent crime rate less than half the national average (225 crimes per 100,000 population vs. 415).
Property Crime Wisconsin property crime rates ranked 36th nationally, with a rate of 3,028 per 100,000 population vs. 3,624 nationwide.
Arrest Rates. Now this is important. Quoting the September, 2004 issue of The Wisconsin Taxpayer: “Although Wisconsin has a lower crime rate than the nation and all of its neighbors, it has the highest overall arrest rate in the nation. In 2002, Wisconsin law enforcement made 3,286 arrests per 100,000 residents, 71.2% higher than the national norm (4,839).” [Emphasis is mine.]
Low crime rates. Highest (by far) arrest rate. Would you say something is amok here? WISTAX noted that “Wisconsin’s large numbers of police likely play a role” in its high arrest rate. Relative to population, Wisconsin ranked 11th nationally, at 2.8 officers per 1,000 residents. Among surrounding states, only Illinois had more (3.2/1,000).
So, ok. Many will argue we need all those police to keep us safe. (I won’t, but won’t debate that now.)
So why do we have to arrest twice as many people as the rest of the planet?
We don’t. Criminal scientists and experienced law enforcers alike know how to handle unsafe and unwise situations without necessarily making arrests. And does Wisconsin have to mandate arrests in as many specific instances as it does?
No. So does it follow that fewer arrests means fewer prosecutors needed? I’m sure somewhere in there, the story is more complex – but not too much more. Our state, its police and its communities simply must find alternative ways to handle some of the everyday problems of life, troublemakers and lawbreakers.
(By the way – did you see this article linked via FoxPolitics News that offers hope that once in the system, cases can be moved through efficiently? Imagine that. Great.)
COMMENTS
Let's see. Today was a light day, relatively speaking. I only had six jury trials scheduled for the same time. Sometimes it's double that...often as high as 20-30 cases and one time it was 64.
Now, those were what was left of a larger number of files which was whittled down by (gasp) plea bargaining. Of course, only one case can be tried, but it's hard to predict which one. Seems witnesses these days often blow off their subpoenas,
The #1 case, though, was an indecent exposure with two young children as victims. Of course, there were five other cases that needed attention as well. Unfortunately these kids and their moms got only a few minutes of preparation today (luckily I met with them a couple of months ago when the case was originally scheduled but got bumped because of an even more repulsive case). The net result is that the public suffers and it becomes harder to convict criminals, especially in the CSI-effect age when people expect real world cases to play out like on TV.
By contrast, defense attorneys need only prepare for one trial at a time.
Bear in mind that the 117 positions the state says we're short is on the low end. That's what the state admits to. The actual shortage is even higher.

RAG (Tue Aug 07 00:20:47 2007)
Beyond WISTAX's analysis, what tools and metrics do we have that could compare DAs county to county, state to state? There is feedback between DAs and police, of course - the police know what kinds of cases the DA wants to see and which they don't. I am sure there are interesting differences county-to-county in terms of which cases are brought, which are charged, which plea, which don't. Yes. Data comparing DA's per 100,000 population would also be helpful. JE

John Foust (Tue Aug 07 11:13:59 2007)
Lot's of diddling with statistics going on here. The way it reads is WI has the lowest crime rate but highest arrest rate.
What's wrong with this picture?
Could it be that all these arrests are for ... wait for it... victimless crimes?
Ding ding ding ding.
Last time I looked Appleton had 194 cops. It may be more now. This is really good for response time, but is it overkill (to coin a phrase)? I mean are the shifts packed moreso than other equivalent size forces?
How do arrest rates and conviction rates compare and, again, are these victimless crimes or violent offenses? How often does the wife beater get off as opposed to the guy smoking a joint in the alley?
Also no demographics given here and no discussion of profiling which is often involved in cop stops.
It's a mishegoss. The most recent T.O. for Appleton's Police Department shows 105 sworn officer positions, 41 civilian positions (including 13 "Community Service Officers," 4 of those spots being vacant), and 32 Crossing Guards. JE

Lon Ponschock (Tue Aug 07 12:34:03 2007)
Perhaps the high arrest rate is the reason that we have a low crime rate. Are you suggesting that our crime rate is too low, and we should lower our arrest rate until the crime rate rises?
If we have a low crime rate, it seems to me that we are doing something right. Yours is an interesting point. I think the numbers will show that many states with similar and lower crime rates than WI have arrest rates that aren't nearly so high. I'd have to check on that, however. JE

Ben (Tue Aug 07 15:56:47 2007)
That's what the Wisconsin Taxpayers Alliance does. Diddle with statistics.
And they too seldom provide context or perspective. Geez Rich. More vitriole. You need to take a tranquilizer. JE

Rich Eggleston (Thu Aug 09 10:00:56 2007)
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