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When Brute Force Fails: How to Have Less Crime and Less Punishment [Hardcover]

Mark A. R. Kleiman
4.8 out of 5 stars  See all reviews (16 customer reviews)


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Book Description

August 17, 2009 0691142084 978-0691142081

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.



Editorial Reviews

Review

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 Inside Flap

"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


Product Details

  • Hardcover: 256 pages
  • Publisher: Princeton University Press (August 17, 2009)
  • Language: English
  • ISBN-10: 0691142084
  • ISBN-13: 978-0691142081
  • Product Dimensions: 6 x 0.9 x 9 inches
  • Shipping Weight: 1.1 pounds
  • Average Customer Review: 4.8 out of 5 stars  See all reviews (16 customer reviews)
  • Amazon Best Sellers Rank: #803,322 in Books (See Top 100 in Books)

More About the Author

Mark A. R. Kleiman



Mark A.R. Kleiman is Professor of Public Policy at the UCLA Luskin School of Public Affairs. His teaching and research cover drug policy, crime control policy, and methods of policy analysis. His books include *Marijuana: Costs of Abuse, Costs of Control* and *Against Excess: Drug Policy for Results*, and *When Brute Force Fails: How to Have Less Crime and Less Punishment* (one of The Economist's "Books of the Year" for 2009).

Most recently, he has joined Jonathan Caulkins, Angela, Hawken, and Beau Kilmer in writing two books in Oxford's "What Everyone Needs to Know" series, one on *Drug Policy* and, most recently, one on *Marijuana Legalization*. He edits the Journal of Drug Policy Analysis and blogs at The Reality-Based Community (http://www.samefacts.com). His essay in Foreign Affairs, "Surgical Strikes in the Drug Wars: Smarter Strategies for Both Sides of the Border," presents an innovative approach to reducing drug-trafficking violence.


Mr. Kleiman studied political science, philosophy, and economics at Haverford College and received his Master of Public Policy degree and his Ph.D. from the Kennedy School of Government at Harvard, where he also taught before coming to UCLA. His governmental experience includes stints on Capitol Hill (working for Les Aspin), in Boston City Hall, and at the Justice Department. His firm, BOTEC Analysis Corporation, advises local, state, and national governments on drug policy and crime control.









Customer Reviews

4.8 out of 5 stars
(16)
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Most Helpful Customer Reviews
19 of 20 people found the following review helpful
4.0 out of 5 stars An Escape From the Routine December 6, 2009
Format:Hardcover
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.
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8 of 10 people found the following review helpful
Format:Hardcover|Amazon Verified Purchase
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.
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4 of 5 people found the following review helpful
5.0 out of 5 stars Extremely interesting, provocative, and informative November 27, 2009
By Jeff P
Format:Hardcover
"When Brute Force Fails" is interesting, relevant, and informative on many levels. Mark Kleiman has a unique gift to explain the complex historical, economic and sociological aspects of crime research in a straightforward and concise manner. He first makes a strong case that crime is an extremely important and costly problem in America today. Drawing on decades of academic and policy experience he then manages to summarize the history and current state of the field in a fluent and succinct style. He concludes by constructing a convincing argument for his idea of concentrating law enforcement mechanisms in high crime areas as the most efficient means for decreasing the huge burden of crime on American society. This argument is intertwined throughout with relevant data, case studies, and an eye to the practical aspects of crime control that are of interest to the academic, policy analyst, and lay person alike.
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Most Recent Customer Reviews
5.0 out of 5 stars Intelligent crime control
Mark discusses how to improve our crime control policies by shifting from raw punishment to more intelligent methods and the obstacles that make it difficult. Read more
Published 2 months ago by Samil Korkmaz
4.0 out of 5 stars Insightful and interesting
I'm not completely finished reading it yet, but so far it is excellent. Very insightful, and full of useful data and anecdotes to help clarify the arguments being made. Read more
Published on April 28, 2011 by Prajwal Kulkarni
5.0 out of 5 stars Little room for disagreement
Wow. Just wow.

Less crime, less punishment. This is something that everyone can get behind. Read more
Published on January 31, 2011 by K. Daejin
5.0 out of 5 stars Policy Done Right
This is a clear, informative and realistic assessment of the public policy challenges posed by the American criminal justice system. Read more
Published on January 24, 2011 by Kelly Cooper
5.0 out of 5 stars Insightful and thought-provoking book
Wonderful, easy-to-read, thought-provoking book about the American criminal justice system, how it has changed during the last 40 years, its current failings, and what to do to fix... Read more
Published on December 27, 2010 by bottomofthe9th
5.0 out of 5 stars Thinking outside the box on crime prevention
This very well written and researched book on crime prevention demonstrates the importance of thinking outside the box when addressing the problems of crime prevention. Read more
Published on July 5, 2010 by Thomas L. Gowen
5.0 out of 5 stars Pragmatic solutions to an epic crisis
America's criminal justice system has a problem. It locks up about 5 times more people than any other Western country, and the Pew Center calculated in 2008 that 1% of the adult... Read more
Published on March 18, 2010 by JJ vd Weele
4.0 out of 5 stars Brilliant, often fascinating, but easy to put down
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. Read more
Published on February 23, 2010 by algo41
4.0 out of 5 stars Worth Reading
I am a circuit judge and I study and research the most effective ways to sentence an offender. The goals are first to punish for breaking the law, then restitution for the victim,... Read more
Published on February 6, 2010 by R. J. Mcdonald
5.0 out of 5 stars Thoughtful
America's incarceration rate is unmatched in the world; over 25,000 live in long-term solitary and tens of thousands more in 'administrative segregation. Read more
Published on January 26, 2010 by Loyd E. Eskildson
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