Discussion about this post

User's avatar
Glenn E. Martin's avatar

Jennifer Doleac (Research Karen) repeatedly distinguishes between empirical and moral questions. Economists, in her telling, can tell us what works; lawyers and philosophers can tell us what is just. It sounds intellectually modest, but the distinction is not nearly as clean as she suggests. In criminal justice, deciding what to measure is itself a moral decision.

Why measure recidivism rather than dignity? Why prioritize cost-effectiveness over democratic legitimacy? Why define success as reduced crime rather than stronger communities, civic participation, or repairing historical injustice? Every research agenda makes judgments about what matters before the first dataset is assembled. There is no value-free criminal justice research.

That matters because Doleac’s framework privileges institutional forms of knowledge over lived experience. Natural experiments, causal inference, and randomized evaluations are valuable, but justice is not simply a laboratory. Someone who has lived inside a prison understands humiliation, coercion, informal power, and human adaptation in ways no administrative dataset can fully capture. A family separated by incarceration possesses knowledge about punishment that may never appear in a recidivism statistic.

The question is not whether quantitative research matters. It does. The question is who gets to produce knowledge and whose knowledge counts. Formerly incarcerated people should not simply be research subjects whose experiences are converted into data for experts to interpret. They should be recognized as producers of knowledge themselves. The hierarchy in which economists produce knowledge while impacted communities provide the raw material is not neutral. It is a political choice.

The same problem applies to evidence. Doleac seems to believe better evidence can discipline politics and move policymakers toward better decisions. Of course it can. But evidence never speaks for itself. The same study can support expanded policing, investment in housing, behavioral-health treatment, or less incarceration depending on what one believes government should accomplish. Evidence can tell us whether an intervention produces an outcome; it cannot tell us which outcomes a democratic society should value most. Evidence informs decisions; values ultimately determine them.

This becomes particularly important when Doleac invokes return on investment. ROI can be useful when governments and philanthropies allocate scarce resources. But it becomes dangerous when it becomes the dominant language for thinking about justice. Democratic societies protect rights even when doing so is inefficient because those rights express values that transcend economic calculation. We do not defend freedom of speech because it saves money. We do not measure due process by how efficiently it processes defendants. Justice is a constitutional and moral commitment before it is an economic calculation.

Perhaps the most significant omission in this framework, however, is power. Evidence-based policymaking often assumes policymakers lack information and therefore need better research. But American history suggests that ignorance is frequently not the problem. We have known for decades about the harms of solitary confinement, the unequal consequences of mandatory minimums, the criminalization of poverty through cash bail, and the destabilizing effects of mass incarceration.

The obstacle has often been less a shortage of evidence than a shortage of political courage. Evidence does not automatically defeat entrenched interests or redistribute power. Institutions can ignore compelling research when acting on it threatens those who benefit from the status quo. In criminal justice, power, not ignorance, is often the obstacle.

That is also why Doleac’s description of philanthropy as venture capital for public policy deserves scrutiny. The analogy suggests experimentation and innovation, but it raises a democratic question: What happens when private foundations and unelected billionaires become major agenda setters for public policy?

Foundations can determine which questions receive attention, which interventions are tested, which organizations receive resources, and which ideas enter the policy conversation. Even with the best intentions, private wealth can exercise public power without the accountability that accompanies democratic authority. The question is not simply whether Arnold Ventures funds good research. It is whether private wealth should possess so much influence over the direction of public justice in the first place.

Doleac’s distinction between moral and empirical questions also breaks down when she discusses punishment. She treats retribution as primarily moral while deterrence, incapacitation, and rehabilitation can be examined empirically. But the way a society understands punishment shapes empirical outcomes. Punishment that communicates accountability and legitimacy may have very different consequences from punishment that communicates exclusion and humiliation. The moral and empirical are not separate worlds; they constantly interact.

This is where institutional legitimacy matters. People do not obey laws simply because they fear punishment. They also comply because they believe institutions are legitimate and that they have been treated fairly. Legitimacy may be harder to quantify than recidivism or incarceration rates, but that does not make it less consequential. It may be one of the most important ingredients of public safety.

And this points to the larger limitation of Doleac’s framework: it leaves too little room for transformation. The interview approaches criminal justice primarily as a system to be made more effective, efficient, and evidence-based. But another tradition asks a more fundamental question: Why have we assigned prisons and jails the burden of addressing problems created by failures in education, housing, employment, behavioral health, family stability, and economic opportunity?

The irony is that Doleac is arguing against ideology while advancing an ideology of her own: technocratic consequentialism, the belief that rigorous empirical measurement should occupy the center of policymaking and that interventions should be judged primarily by demonstrable outcomes.

There is much to admire in that approach. It challenges dogma, demands accountability, and asks policymakers to distinguish what we hope will work from what actually works. Criminal justice has suffered enormously from policies based on fear, intuition, and assumptions that were never tested.

But empirical rigor becomes a problem when it is treated as a substitute for democratic judgment rather than a tool for improving it.

Data can tell us what works. They cannot tell us what is worth working toward.

That question belongs not only to economists, lawyers, and policymakers, but also to philosophers, historians, victims, families, communities, and people who have survived the criminal legal system. The strongest public safety policy does not choose between evidence and values. It brings them into conversation: empirical evidence should discipline our assumptions, while democratic values determine the ends toward which we work.

That is not an argument against evidence. It is an argument against pretending that evidence can answer questions that only democracy can legitimately decide.

2 more comments...

No posts

Ready for more?