Damon Winter/The New York Times
Stacy Young, in front of the federal courthouse in Chattanooga,
Tenn., will be raising four kids alone. Her husband’s “Dickensian” case left
him with a harsh sentence.
Young, now 43, was convicted of several burglaries as a
young man but then resolved that he would turn his life around. Released from
prison in 1996, he married, worked six days a week, and raised four children in
Hixson, Tenn.
Then a neighbor died, and his widow, Neva Mumpower, asked
Young to help sell her husband’s belongings. He later found, mixed in among
them, seven shotgun shells, and he put them aside so that his children wouldn’t
find them.
“He was trying to help me out,” Mumpower told me. “My
husband was a pack rat, and I was trying to clear things out.”
Then Young became a suspect in burglaries at storage
facilities and vehicles in the area, and the police searched his home and found
the forgotten shotgun shells as well as some stolen goods. The United States
attorney in Chattanooga prosecuted Young under a federal law that bars
ex-felons from possessing guns or ammunition. In this case, under the Armed
Career Criminal Act, that meant a 15-year minimum sentence.
The United States attorney, William Killian, went after
Young — even though none of Young’s past crimes involved a gun, even though
Young had no shotgun or other weapon to go with the seven shells, and even
though, by all accounts, he had no idea that he was violating the law when he
helped Mrs. Mumpower sell her husband’s belongings.
In May, a federal judge, acknowledging that the case was
Dickensian but saying that he had no leeway under the law, sentenced Young to
serve a minimum of 15 years in federal prison. It didn’t matter that the local
authorities eventually dismissed the burglary charges.
So the federal government, at a time when it is cutting
education spending, is preparing to spend $415,000 over the next 15 years to
imprison a man for innocently possessing seven shotgun shells while trying to
help a widow in the neighborhood. And, under the law, there is no early
release: Young will spend the full 15 years in prison.
This case captures what is wrong with our “justice” system:
We have invested in mass incarceration in ways that are crushingly expensive,
break up families and are often simply cruel. With less than 5 percent of the
world’s population, the United States has almost one-quarter of the world’s
prisoners.
This hasn’t always been the case, but it is the result of
policies such as mandatory minimum sentences since the 1970s.
In 1978, the United States had 307,000 inmates in state and
federal prisons. That soared to a peak of more than 1.6 million in 2009. Since
then, the number of inmates has declined for three consecutive years to 1.57
million in 2012. The number of juveniles detained has also begun to drop since
peaking in 2000, although the U.S. still detains children at a rate five times
that of the next highest country.
In short, there’s some hope that this American experiment in
mass incarceration has been recognized as a failure and will be gradually
unwound. Among the leaders in moving away from the old policies are blue states
and red states alike, including New York and Texas. But America still has twice
as many prisoners today as under President Ronald Reagan.
Almost everyone seems to acknowledge that locking up vast
numbers of nonviolent offenders is a waste of money. California devotes
$179,400 to keep a juvenile in detention for a year, and spends less than
$10,000 per student in its schools.
Granted, mass incarceration may have been one factor in
reduced crime in the last couple of decades; there’s mixed evidence. But, if
so, the economic and social cost has been enormous — including the breakup of
families and the increased risk that children of those families will become
criminals a generation later.
There’s also contrary evidence that incarceration,
especially of young people, doesn’t work well in preventing crime, especially
for young people. One careful study of 35,000 young offenders by Anna Aizer and
Joseph J. Doyle Jr. reached the startling conclusion that jailing juveniles
leads them to be more likely to commit crimes as adults. Milder sentences, such
as electronic monitoring and home detention, were actually more effective at
preventing adult crime.
Alternatives to incarceration are both cheaper and more
efficient. Youth Villages has an excellent record of working with troubled
youngsters and their families, and of keeping them from committing crimes. So
do some job-training and education programs. Mass incarceration has been
particularly devastating for blacks and members of other minority groups, as
well as for the poor generally. In this case, Edward Young is white.
Conservatives often argue that there is a link between
family breakdown and cycles of poverty. They’re right: Boys are more likely to
get into trouble without a dad at home, and we have a major problem with the
irresponsibility of young men who conceive babies but don’t raise them.
We also have a serious problem with the irresponsibility of
mass incarceration. When almost 1 percent of Americans are imprisoned (and a
far higher percentage of men of color in low-income neighborhoods), our
criminal justice system becomes a cause of family breakdown and contributes to
the delinquency of a generation of children. And mass incarceration interacts
with other government policies, such as the way the drug war is implemented, to
have a disproportionate effect on African-Americans. Black men use marijuana at
roughly the same rate as white men but are more than three times as likely to
be arrested over it.
Young is particularly close to his children, ages 6 to 16.
After back problems and rheumatoid arthritis left him disabled, he was a
stay-at-home dad while his wife worked in a doctor’s office. When the judge
announced the sentence, the children all burst into tears.
“I can’t believe my kids lose their daddy for the next 15
years,” his wife, Stacy, told me. “He never tried to get a firearm in the 16
years I was with him. It’s crazy. He’s getting a longer sentence than people
who’ve killed or raped.”
Young’s lawyer, Christopher Varner, of Chattanooga, is
appealing the sentence and says he is shaken by the outcome. “It’s shocking,”
he says. “That’s not what we do in this country.”
I asked Killian, the United States attorney, why on earth he
would want to send a man to prison for 15 years for innocently possessing seven
shotgun shells. “The case raised serious public safety concerns,” Killian said.
The classic caricature of justice run amok is Inspector
Javert in Victor Hugo’s novel “Les Misérables,” pursuing Jean Valjean for
stealing bread for hungry children. In that case, Valjean knew that he was
breaking the law; Edward Young had no idea.
Some day, Americans will look back and wonder at how we as a
society could be much more willing to invest in prisons than in schools. They
will be astonished that we sent a man to federal prison for 15 years for trying
to help a widow.
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