States – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 America’s Safest and Most Dangerous States 2017 https://legacy.lawstreetmedia.com/blogs/crime/americas-safest-dangerous-states-2017/ https://legacy.lawstreetmedia.com/blogs/crime/americas-safest-dangerous-states-2017/#respond Wed, 16 Nov 2016 19:30:20 +0000 http://lawstreetmedia.com/?p=56179

State by state: America's safest and most dangerous cities.

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Alaska is the most dangerous state based on its violent crime rate for the third year in a row, according to the latest crime statistics from the FBI. The rate of violent crime increased significantly in Alaska last year–going from 636 violent crimes per 100,000 people in 2014 to 730 violent crimes per 100,000 people in 2015. Following Alaska is Nevada (696 violent crimes per 100,000 people) and New Mexico (656 violent crimes per 100,000 people).

Law Street’s annual slideshow of the Safest and Most Dangerous States ranks all 50 states based on their violent crime rates. Each slide details the violent crime statistics for every city in the country with available data and a population of 25,000 or more. The qualifying cities are listed from highest to lowest rate of violent crime per 100,000 residents for each state. The category of violent crime is comprised of murder, rape, robbery, and aggravated assault.

GO DIRECTLY TO YOUR STATE:
AL | AK | AZ | AR | CA | CO | CT | DE | DC | FL | GA | HI | ID | IL | IN | IA | KS | KY | LA | ME | MD | MA | MI | MN | MS | MO | MT | NE | NV | NH | NJ | NM | NY | NC | ND | OH | OK | OR | PA | RI | SC | SD | TN | TX | UT | VT | VA | WA | WV | WIWY

Alaska: #1 Most Dangerous State | 730 Violent Crimes/100,000 People

"Alaska" courtesy of Ryan Schreiber; License: (CC BY 2.0)

“Alaska” courtesy of Ryan Schreiber; License: (CC BY 2.0)


Research and analysis by Law Street’s Crime in America Team: Kevin Rizzo, Alexis Evans, and Anneliese Mahoney.

Click here for additional information on Law Street’s crime-ranking methodology.

Source:

FBI: Violent crime, population, murder, and officer statistics, measured January – December 2015.

Kevin Rizzo
Kevin Rizzo is the Crime in America Editor at Law Street Media. An Ohio Native, the George Washington University graduate is a founding member of the company. Contact Kevin at krizzo@LawStreetMedia.com.

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Capital Punishment: Is American Opinion Changing? https://legacy.lawstreetmedia.com/issues/law-and-politics/capital-punishment-american-opinion-changing/ https://legacy.lawstreetmedia.com/issues/law-and-politics/capital-punishment-american-opinion-changing/#respond Tue, 16 Jun 2015 16:35:48 +0000 http://lawstreetmedia.wpengine.com/?p=41645

A look at some of the arguments surrounding the death penalty.

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Capital punishment has long been a controversial practice in the United States. Some feel that society needs to rid the country of America’s most heinous criminals in order to make room for new prisoners or to save taxpayer money, while others point out that the U.S. has executed more than 150 innocent people and this punishment cannot be undone. But why do people feel so strongly about the death penalty, how have their feelings changed over time, and what does this mean for capital punishment moving forward?


The Death Penalty Today

Demographics of the Death Penalty

In 2013, of the 2,979 inmates on death row, roughly half of them were held in four states: California, Texas, Florida, and Pennsylvania. Divided by race, inmates were 56 percent white and 42 percent black. Along gender lines, men outnumbered women one to 49, with men comprising 98 percent of death-row inmates and women only two percent.

Which states still use the death penalty?

The following states still use capital punishment:

Alabama
Arizona
Arkansas
California
Colorado
Delaware
Florida
Georgia
Idaho
Indiana
Kansas
Kentucky
Louisiana
Mississippi
Missouri
Montana
Nevada
New Hampshire
North Carolina
Ohio
Oklahoma
Oregon
Pennsylvania
South Carolina
South Dakota
Tennessee
Texas
Utah
Virginia
Washington
Wyoming

The federal government and military also use capital punishment.

Each state determines which crimes are punishable by death. Crimes other than murder that can end in a death row sentence include rape of a child, weapons of mass destruction resulting in death, aggravated kidnapping, assault by an escaped capital felon, and aircraft hijacking.

The U.S. Federal Government uses the death penalty for 41 capital offenses including murder for hire, treason, terrorism, espionage, genocide, large-scale drug trafficking, and attempting to kill a witness, juror, or court officer in certain cases.

The following states abolished or no longer use capital punishment:

Alaska (1957)
Connecticut (2012)
Hawaii (1957)
Illinois (2011)
Iowa (1965)
Maine (1887)
Maryland (2013))
Massachusetts (1984)
Michigan (1846)
Minnesota (1911)
Nebraska (2015)
New Jersey (2007)
New Mexico (2009)
New York (2007)
North Dakota (1973)
Rhode Island (1984)
Vermont (1964)
Washington, D.C. (1981)
West Virginia (1965)
Wisconsin (1853)

When the death penalty was removed or abolished in some states, lawmakers were faced with the question of what to do with those already on death row. Should those sentenced to death before the new law be allowed to live? In New Mexico and Connecticut, the answer was no. In 2009 when New Mexico eliminated the penalty, the law was not retroactive, which meant the two people on the state’s death row would still face execution. As of 2015, those two are still on death row. Also those who committed crimes worthy of the death penalty before 2009 could still face execution. The same ruling occurred in Connecticut, which had 11 people still on the state’s death row.


Arguments For and Against the Death Penalty

According to a 2014 Gallup poll, the most common justification for the death penalty is that the punishment fits the crime: an eye for an eye. This reasoning has dramatically decreased in the last 13 years, with 48 percent support in 2001, to 35 percent in 2014. Other reasons include a belief that the convicted person deserves it, that the death penalty can be used to set an example, and that it saves taxpayer money.

According to the same poll, the most popular reasons why people do not support capital punishment include a belief that it’s wrong to take a life at (40 percent), the fear of wrongful execution (17 percent), and religious purposes (17 percent). The fact that it costs more to keep prisoners on death row is very far down the list, polling at only two percent.

These are the various ways in which Americans perceive the death penalty, but are they correct?

The Cost of the Death Penalty

Despite 14 percent of Americans supporting the death penalty in order to save taxpayer dollars, it is actually more expensive to kill an inmate than to incarcerate him for the rest of his life. This revelation complicates the argument over whether or not it makes sense to employ the punishment.

A Los Angeles Times study found that the state of California spent more than $250 million per execution. California has executed 11 people over the course of 27 years and spends an average of $114 million per year on death row inmates. The state spends an additional $114 million per year on security and legal representation. The study also found that housing a death row inmate costs $90,000 more than non-death row inmates. Since reinstating the death penalty in 1978, California has spent more than $4 billion on executions. The reason why death row inmates are so costly is due to the complex and drawn out judicial process. Appeals cost the state and federal government time and money, and the concrete evidence needed, such as DNA testing, is costly. 

Other states have also found that the cost of the death penalty is higher than life sentence cases as well. A Seattle University study that examined death penalty cases in Washington state since 1997 concluded that on average capital punishment cases cost $1 million more than cases that did not seek the death penalty, with costs of $3.07 million and $2.01 million, respectively. Defense and prosecution costs were more than triple in death penalty cases. Since Washington reinstated the death penalty in 1981, the state has spent $120 million on five executions with an average of $24 million per execution.

In Nevada the cost of a capital punishment case is between $1.03 million and $1.3 million while a non-capital punishment case costs about $775,000. The reason for this difference is because death penalty cases are more lengthy and costly to make certain that the sentence is correct.

The average time a convict sits on death row has been increasing since the 1980s. In 1984 the average time between sentencing and execution was 74 months, or a little over six years. In 2012 it was 190 months, or nearly 16 years. That means the average inmate executed in 2015 was convicted in 1999.

In order to prove a fair sentence for execution all doubts must be erased. That is why death row inmates are given due process and appeals after their original sentences.

Concerns Over Wrongful Executions

Even today death row inmates are exonerated due to new evidence and doubts. As of May 2015 there have been 152 people exonerated from death row in United States history, leading to the concern that the justice system is far from infallible.

For example, in 2015 accused murderer Anthony Ray Hilton was freed after 30 years on death row in Alabama. His case made it to the Supreme Court and his defense attorney during his 1985 trial was found “constitutionally deficient” and ballistic evidence proved that he was not the murderer. The case was dropped by the Jefferson County district attorney’s office on April 1, 2015 and two days later his conviction was overturned. Because of his wrongful incarceration, Hilton missed the birth of his grandchild and the death of his mother.


So, is public opinion on the death penalty changing?

Since the 1930s, statistics show that a majority of the U.S. population supports the death penalty. The public’s opinion has fluctuated slowly over time with approval increasing from 47 percent in 1967 to 80 percent in 1995 and decreasing to 63 percent in 2014.

One thing is clear: Americans are losing confidence in the death penalty. According to Gallup, since the late 1990s, support for the death penalty for a convicted killer has fall by 17 percent and opposition has increased by 17 percent.


Conclusion

Capital punishment is legally complicated in many states. Some have the death penalty but do not use it. Others have abolished it but can still sentence people to death. Americans have a lot of things to take into account when deciding what side of the debate they fall into–whether its ethics, costs, or the time it takes to enact capital punishment. The more than 150 confirmed wrongful executions in the United States show that trials and law are not infallible. While approval of the death penalty continues to decrease every year, it’s doubtful that the U.S. will be making a big change any time soon.


Resources

Primary

Bureau of Justice Statistics: Prisoners in 2013

U.S. Department of Justice: Capital Punishment

Additional

Gallup: Death Penalty

Death Penalty: The High Cost of the Death Penalty

Death Penalty: Cost of the Death Penalty

Guardian: Alabama Man Off Death Row After 28 Years

Death Penalty Info: States With and Without the Death Penalty

Mike Stankiewicz
Mike Stankiewicz came to Washington to follow his dream of becoming a journalist. The native New Yorker studied Broadcast Journalism and Law and Society at American University. In his leisure time he enjoys baseball, hiking, and classic American literature. Contact Mike at staff@LawStreetMedia.com.

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Debating Minimum Wage in America https://legacy.lawstreetmedia.com/issues/business-and-economics/should-the-federal-minimum-wage-be-raised/ Wed, 17 Sep 2014 20:15:22 +0000 http://lawstreetmedia.wpengine.com/?p=10184

The minimum wage was first created to ensure that workers are protected from being underpaid for their work; however, given that national and local costs of living have varied over time, whether or not the minimum wage amounts are fair has been the main pillar of the national debate for some time. Read on to learn about the minimum wage and all of the controversies and debates surrounding it.

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The minimum wage was first created to ensure that workers are protected from being underpaid for their work; however, given that national and local costs of living have varied over time, whether or not the minimum wage amounts are fair has been the main pillar of the  national debate for some time. Read on to learn about the minimum wage and all of the controversies and debates surrounding it.


Current Minimum Wage Laws

The Fair Minimum Wage Act of 2007 is a law passed by Congress that requires employees to be paid at least $7.25 per hour. The act took effect in 2009 as an amendment to the Fair Labor Standards Act. This law only applies to jobs that are under the purview of the Fair Labor Standards Act. Tipped workers may only be paid less than $7.25 an hour if their hourly wages plus tips match or exceed $7.25.

The Fair Labor Standards Act is a federal law that Congress passed pursuant to the Commerce Clause of the Constitution. Federal laws passed under that power are only effective if they pertain to an area that affects commerce between multiple states. Therefore, the Fair Labor Standards Act and the Fair Minimum Wage Act only regulate wages in businesses that are involved in interstate commerce. Businesses that are not sufficiently involved in interstate commerce are not regulated by the federal law but may still be regulated by state or local minimum wage laws. If there are state or local minimum wage laws in effect in the area a (non-interstate commercial) business operates then those laws determine the minimum wage employees of such a business can be paid.

State minimum wage laws are very variable.

The map below represents the minimum wage in a number of states. Green indicates a state minimum wage that is higher than federal minimum wage, yellow shows states with no minimum wage laws, blue states have the same minimum wage as the federal minimum wage, and red states have minimum wage laws lower than the federal minimum wage.

Map of minimum wage variations by state, courtesy of the U.S. Department of Labor via Wikipedia.

According to the Department of Labor, the laws are interpreted as follows:

Federal minimum wage law supersedes state minimum wage laws where the federal minimum wage is greater than the state minimum wage. In those states where the state minimum wage is greater than the federal minimum wage, the state minimum wage prevails.

So why do we still have separate federal and state minimum wage laws? One reason is, of course, politics. The states that have lower minimum wage laws keep them on the books in part to protest what they see as too high of a federal minimum wage. There’s also a more practical application: there are certain workers, such as seasonal workers or those on small farms, who are exempt from the federal laws. In some cases, the state laws may still offer some parameters for those workers.


What are arguments for keeping the federal minimum wage as is?

Supporters of the current federal minimum wage argue that raising the minimum wage will diminish the job market in an economy that is already suffering. They argue that raising the minimum wage to benefit the poor is a shortsighted strategy. Since a majority of the poor (60 percent) are unemployed, raising the minimum wage only makes it more difficult for them to find jobs because it raises the value that they have to demonstrate in order to justify being hired. Moreover, most of the people receiving minimum wage pay are above the nation’s median income so most of the funds workers receive from a higher minimum wage won’t go to the impoverished.

Supporters of keeping the minimum wage law where it is also worry that the costs of a higher minimum wage would be passed on to the consumers, who may be struggling themselves. They reason that the money has to come from somewhere, and in many cases it would come from an increase in the price of goods. In general, it would make it more expensive for employers to hire employees, and have negative ramifications throughout many parts of the economy.

Another argument against raising the minimum wage stems from an idea about the purpose of the minimum wage. Minimum wage jobs are often viewed as “stepping stones” for young people, or those looking to get back on their feet–not jobs for those who need to raise families or be permanently employed in that particular place of business. Those who subscribe to this argument tend to worry that with a higher minimum wage, these jobs become permanent paths rather than just stepping stones, and younger people will no longer be able to get their foot in the door.


What are arguments for increasing the minimum wage?

Those who argue in favor of increasing the current federal minimum wage argue that it does not even pay enough to keep a family of three above the poverty line. The average cost of living has increased by leaps and bounds, especially in larger cities. The minimum wage has not increased proportionately with inflation or the pay of the average worker. Today, the minimum wage is insufficient to keep a full-time working parent and one child out of poverty. At a bare minimum the federal minimum wage should be enough to keep a working parent and her child above the poverty line. Along the same lines, supporters of increasing the minimum wage point out that because those who work minimum wage jobs have such a difficult time making ends meet, many of them have to get some sort of government assistance, which is also a big problem for the economy.

That is why the Obama Administration is advocating for legislation to raise the federal minimum wage to $10.10 an hour. This change would raise America’s GDP, and reduce income disparities between several population demographics.


Conclusion

The minimum wage, and its many derivations across the states, will always be a contentious and politicized issue. The actual economic implications of raising or lowering the minimum wage are difficult to glean, and the arguments are sharp. That being said, the minimum wage debate is far from over.


Resources

Primary 

US Senate: Fair Minimum Wage Act of 2007

Department of Labor: Minimum Wage

Department of Labor: History of Changes to the Minimum Wage Law

Department of Labor: Minimum Wage Laws in the States

Additional

Forbes: Why Raising the Minimum Wage Kills Jobs

Washington Post: Economists Agree: Raising the Minimum Wage Reduces Poverty

The New York Times: Raise That Wage

The White House: Remarks by the President in the State of the Union Address

Atlantic: Minimum Wage Was Once Enough to Keep a Family of Three Out of Poverty

Economic Policy Institute: Raising the Federal Minimum Wage to $10.10 Would Give Working Families, and the Overall Economy, a Much-Needed Boost

CNN: Raising Minimum Wage Won’t Lower Poverty

America’s Best Companies: Five Important Exceptions to Know Regarding Minimum Wage

The New York Times: Raising Minimum Wage Would Ease Income Gap but Carries Political Risks

Entrepreneur: Listen to Small Business: Don’t Increase the Minimum Wage

Deseret News: In Our Opinion: Don’t Raise the Minimum Wage

John Gomis
John Gomis earned a Juris Doctor from Brooklyn Law School in June 2014 and lives in New York City. Contact John at staff@LawStreetMedia.com.

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10184
States Saying No to Teen Tanning https://legacy.lawstreetmedia.com/news/states-saying-no-teen-tanning/ https://legacy.lawstreetmedia.com/news/states-saying-no-teen-tanning/#comments Fri, 29 Aug 2014 14:03:24 +0000 http://lawstreetmedia.wpengine.com/?p=23618

It seems as though the fake tanning trend is finally nearing its expiration date.

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It seems as though the fake tanning trend is finally nearing its expiration date. Or at the very least, its legal limits. In recent months, multiple states have moved to restrict the ability of minors to access tanning beds. Teens under 18 in the states that have moved to legislate may need parents’ permission before indulging in the fake-UV rays, or be banned altogether.

Just a few years ago, tanning beds seemed ubiquitous for high school students looking to get a little more orange, despite that the dangers of tanning beds have been well known for years. Laws have always varied, but more states are moving toward banning minors outright, or requiring parental consent for those under 18. The American Cancer Society (ACS) tends to recommend the latter, highlighting the danger of tanning beds for young people. ACS South Dakota’s grassroots manager Carmyn Egge recently pointed out, “what we have found is that a person under the age of 35, who uses an indoor tanning device, their likelihood of getting a melanoma diagnosis [increases] by 59 percent.” Cindy Caneveri, of the American Cancer Society’s Cancer Action Network has cited similar statistics to the press, explaining:

Melanoma is now the second most common cancer for ages 15 to 29, and most common for ages 25 to 29. Melanoma is cumulative, so if you start out using a tanning bed [in your teens], you’re not seeing cancer until your late 20s.

States that have banned tanning completely for those under 18 include: California, Texas, Vermont, Illinois, Oregon, Nevada, Washington, Minnesota, Hawaii, and Louisiana. Delaware just recently passed a bill as well, although it won’t go into effect until 2015.

While the states above have banned teen tanning outright, some states are settling for restricting the ways in which teens can tan. This summer, a new law went into effect in Pennsylvania making tanning tougher on minors. The Indoor Tanning Regulation Act took place last month, and banned anyone under 16 years old from using a tanning bed. It also required that 17 year olds have parental consent. A recently passed Missouri law is also cracking down on the ways in which teenagers can tan indoors. The state now requires that anyone under the age of 17 provide written permission from a parent before using tanning facilities.

The Indoor Tanning Association disagrees with the bans on younger people, pointing out that 16 year olds can drive, own guns, and in certain cases get married, so they should not be limited in their choices to engage in indoor tanning.

The laws, however, do make a lot of sense. Tanning can be a harmful alteration to your body, and it’s logical to leave the ability to consent up to adults. Cigarettes, for example, are illegal until an individual turns 18 and is no longer a minor. Skin cancer is actually more frequent at this point than lung cancer. Each year in the United States, approximately 420,000 new cases of skin cancer are diagnosed that can be traced back to indoor tanning. In comparison, a total of about 225,000 new lung cancer diagnoses were expected in the U.S. in 2014. While cigarettes and tanning beds carry very different types of carcinogens, the move toward restricting harmful activities for those underage is a traditional practice.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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