24 December 2010

Military Recruits Smarter; Officials Clueless

About 23% of the 350,000 high school graduates aged 17 to 20 who took the Armed Services Vocational Aptitude Battery (ASVAB) from 2004 to 2009, required for everyone seeking to joint the Army, Air Force, Navy, Marines or Coast Guard failed to secure the score of 31 on a 99 point scale needed to enlist in the Army (other services require higher scores) according to a recent study by the Education Trust.

A December 21, 2010 story from the Associated Press noted The Education Trust, U.S. Education Secretary Arne Duncan, and Navy Rear Admiral Jamie Barnett, Tim Callahan of the Professional Association of Georgia Educators, and retired Air Force Lt. Gen. Norman R. Seip all bemoaning the fact like it was some horrible thing. Arne Duncan, for example, is quoted as saying "I am deeply troubled by the national-security burden created by America's underperforming education system." It is classic, uncritical press release journalism.

The ASVAB Failure Rate Is Actually Good News

The trouble is that all of these dignitaries and experts are clueless and got the story wrong. The ASVAB scoring system was renormalized starting in 2004, and that scoring system was designed in the first place so that 31% of the people taking the test would fail it.

The fact that only 23% of applicants failed a test that was designed to fail 31% of the people taking the test implies that the quality of the applicants has greatly improved in the past five year. A 23% failure rate is good news, not bad news.

Also, the state to state, and ethnicity and to ethnicity comparisons in the report, while stark and predictable (blacks and Hispanics fail much more often than whites, and states in the South have higher failure rates), probably tell us more about the the demographics of the people attacted to military service in different parts of the nation, than it does about the quality of their education. A far larger share of Southerners seek out military service than in most of the rest of the country. And, low scores on the AVSAB may reflect the fact that a larger share of students in that state or ethnic group who could either go to college immediately, or pursue military service, have chosen to go to college.

In reality, this is the kind of good news that President Obama should be touting in press conferences as a sign of an education system that is making progress and a military that is attracting better quality recruits even in wartime. But, apparently, nobody in the administration was bright enough to figure that out.

The ASVAB Is Neither An IQ Test Nor An Academic Ability Test

The military takes great pains to make clear that the ASVAB is not an IQ test (although in reality, IQ was developed as a concept in the first place because virtually all test of ability to do anything have a statistically common factor called "g" in common that partially explain performance on them).

But, the denials are more for PR purposes than general purpose. The "g" factor which is roughly speaking translates to what is commonly known as academic ability, is reasonably closely tied to the four parts of the ASVAB that are considered in the formula to determine the Armed Forces Qualification Test (AFQT) score used to determine eligibility for military services. They are:

Word Knowledge (WK)
Paragraph Comprehension (PC)
Arithmetic Reasoning (AR)
Mathematics Knowledge (MK)

There are five other sections of the nine section test, but involve subjects that the public education system, which is under intense pressure to prepare every child for college, is more patchy in offering consistent curriculum regarding. Those sections, which are important in assigning recruits to military occupational specialties, but not to their ability to enter military service at all, are:

Mechanical Comprehension (MC)
Automotive and Shop Information (AS)
Electronics Information (EI)
Assembling Objects (AO)
General Science (GS)

Obesity Is The Only Factor Reducing The Pool of Applicants

There actually is a problem with the shrinking pool of eligible military recruits. It just doesn't happen to be that fewer of them are smart enough to serve. The AP story notes:

Pentagon data shows that 75 percent of those aged 17 to 24 don't even qualify to take the test because they are physically unfit, have a criminal record or didn't graduate high school.

A Department of Defense report notes the military must recruit about 15 percent of youth, but only one-third are eligible. More high school graduates are going to college than in earlier decades, and about one-fourth are obese, making them medically ineligible.

In 1980, by comparison, just 5 percent of youth were obese.


Since juvenile and adult crime rates has actually fallen considerably over the last decade, and high school graduation rates have not fallen, and a larger share of applicants are passing the ASVAB than in the group against which the test was normed, the only factor that is reducing the pool of qualified military applicants is the rising obesity rate, which is up five fold in thirty years.

The national security concern is a public health program, not an academic education problem. If we are really concerned about the shrinking pool of military applicants (and I don't agree that this should be our national priority), we should be working on better school nutrition and more rigorous physical education requirements, not more rigorous math and language arts programs.

Why Are ASVAB Scores Better?

I don't honestly believe that the quality of the education system in the United States has changed that much one way or the other in the last five years.

One plausible possibility is that performance on the ASVAB is rising because young adults who were part of the pool of test takers before and would have failed in the past, are no longer able to take the test because they are too fat. Another possibility is that active African-American community efforts to discourage young African-American men from enlisting for at least some of the 2004 to 2009 time period has reduced the African-American share of the test taking pool which on average failed at a higher rate.

It is also possible that the wars in Afghanistan and Iraq have led many more talented people who wouldn't have sought military service in peacetime to join the military out of a sense of patriotism and duty, while making the military less attractive, as a result of an increased risk of wartime injury or death, to those who had not had success in the education system and were interested in military service primarily as a means for career advancement and skill training.

The Bad News Is That Well Educated People Who Should Know Better

But, more important than the fact that there has been a shift in test score performance on the ASVAB is that a whole lot of respectable senior government, non-profit and teacher's union officials, as well as the Associated Press writer behind the story, can't tell the difference between bad news and good news.

Of course, the blame mostly goes to the Education Trust, whose negative spin to its report was accepted as fact by almost everyone else offering commentary on the subject, whose researchers really should have known better than to make such an elementary error. Their mistake is on a par with an employer bemoaning the fact that 20% of employees take sick days on Friday as a sign of laziness or complaining that half of your students are below average; impressive sounding but utterly absurd on closer examination.

Certainly, there is nothing wrong with trying to get schools to do a better job. There is room for improvement and that room for improvement is probably greatest with non-college bound students who are taking the ASVAB. But, if those who are trying to rate and lead and cajole educators are mathematically clueless and lack the capacity to engage in independent critical thinking, as this episode seems to show, how can we expect more from the students who are performing at mediocre levels in that system?

23 December 2010

The Rise Of The Finance Economy

Moving our economy into FIRE did not create lots of new high-paying middle-class jobs for the modern equivalent of past generations' engineers, technicians, and skilled blue-collar craft and assembly workers. Instead, we appear to have more-or-less doubled the profit margins and the pay of our financiers. The legions of bank clerks and back office workers did not see rapid pay increases nor achieve high incomes. It all went to the top.

Over 2004-6 fully 30% of corporate profits were in finance--a share that was double what it had been back in the 1960s. And the many of the most lucrative parts of finance were not structured as corporations: the growing fortunes of the partners in our investment firms come on top of that 30%.


From here.

I've previously noted that the 2000s (the trend really started in the late 1980s, but took some time to become visible) were also marked by a rising disparity between CEOs in the "real economy" and those in the financial sector. The defining change in the economy running up to the financial crisis was the dramatically increasing share of it that went to the finance sector.

It is not entirely clear why this happened.

Another huge shift has been in health care administration: "The administration of our ill-designed health care system now costs us about 4% of GDP over and above the costs of administering health care in other comparable countries."

Obama Made First Pardons This Month

President Obama made his first pardons, nine of them, earlier this month. The numbers are historically low.

Church Attendance And Survey Accuracy

About 22% of Americans actually attend church in any given week. About 40% say that they do, however, when asked that question in surveys, and that data is often used to make the case that Americans are much more religious than people in other countries. The great exaggeration of church attendance is long standing, well documented and largely limited to Americans and Canadians. In reality, "Americans attended services about as often as Italians and Slovenians and slightly more than Brits and Germans."

The number of people who actually attend church in any given week is only a little larger than the number of people who claim no religious affiliation.

Ritter Pardons Twenty Adults; No Commutations

On Wednesday, Governor Ritter has pardoned twenty adults who were convicted of misdemeanors or felonies, served their sentence and would like to be free of the collateral consequences of their criminal convictions. Most notable was the Reverend Leon Kelly, who was convicted of armed robbery in 1979, but became an ardent anti-gang activist after his release.

None of the pardons applied to people currently serving sentences, which are called commutations when the sentence is reduced, but the conviction is not wiped from someone's record. Other than Kelly, all of the offenses were either misdemeanors or non-violent offenses.

This is not the first time that Governor Ritter has granted pardon petitions during his four year tenure, but it is the only set of pardons announced by press release from his office in the period from 2007 (when he took office) to the present. He issued one pardon as an executive order without issuing an accompanying press release on September 17, 2008 for a nineteen year old attempted sale of narcotics conviction. But, I have not located any other cases in which Governor Ritter has used his pardon power while in office.

Most notably, Governor Ritter has not yet taken any action on any juvenile requests for clemency, despite having taken the high profile step of convening a Juvenile Clemency Board to advise him on the matter on August 29, 2007.

The Juvenile Clemency Board meets in secret and is reputed to have turned down at least eighteen applications so far.

Governor Ritter still could act, of course, any time before his term of office ends on January 11, 2011. The Christmas and New Year's season, particularly at the end of a term of office, is a customary time for a Governor to grant pardons and clemency petitions. Governor Ritter told a Fox News reporter early this month that he was reviewing a large stack of clemency petitions and that a handful of pardons had been granted earlier in his term (although I have found only one such example).

Governor Owens, Ritter's Republican predeccessor, granted just thirteen pardon requests in eight years in office, and so far as i know, none involved individuals who were currently incarcerated.

Colorado Gets A New Federal Judge

President Obama's nomination of William Martinez to the U.S. District Court for the District of Colorado was confirmed by a 58-37 vote in the U.S. Senate (including two Republicans) on Tuesday. The seat had been vacant for two years. It is a lifetime appointment.

There is one vacancy left in Colorado's federal trial court: "R. Brooke Jackson, the chief judge of the 1st Judicial District in Jefferson County, has been nominated for the other spot." But, the nomination has not yet been considered by the Senate Judiciary Committee.

22 December 2010

Teen Births at Record Lows In U.S.

The birth rate for [U.S.] teenagers fell to 39 births per 1,000 girls ages 15-19. . . . It was a 6 percent decline from the previous year and the lowest since health officials started tracking the rate in 1940. . . . The total number of births also has been dropping, as have birth rates among all women except those 40 and older.

For comparison, look to the peak year of teen births — 1957. There were about 96 births per 1,000 teen girls that year, but it was a different era, when women married younger . . . Overall, about 4.1 million babies were born in 2009, down almost 3 percent from 2008.

It's the second consecutive drop in births, which had been on the rise since 2000. . . . A preliminary count of U.S. births through the first six months of this year suggests a continuing drop.


From here citing data from the Center for Disease Control (a federal government agency).

Colorado's teen birth rate followed national trends in declining, and is about 9% less than the national average.

In Colorado, 24.9% of all births are to unmarried mothers, compared to 41.0% of all births nationally. Utah is the only state in the United States with a lower proportion of births to ummarried mothers (19.4%). In, Idaho, which like Utah and unlike Colorado, has a prevasive Mormon cultural influence, 25.6% of births are to unmarried mothers (the lowest in the United States after Utah and Colorado). There is no obvious reason that Colorado is such an outlier in this regard, but this number is consistent from 2008 to 2009. Unlike Utah and Idaho where first marriage ages are far lower than the rest of the nation, Colorado is not particularly atypical in its average ages at first marriage and Colorado is far more ethnically diverse than many states with higher rates of unmarried motherhood. This number is so unexpected that I am suspicious that it might be a mistake, as it does not seem to be a good fit to unmarried motherhood rates in Denver, although Colorado's retention of the institution of common law marriage could also be factor and births in Denver are almost certainly atypical of the state as a whole.

According to the CDC report: "The [birth] rate for the youngest teenagers, 10-14 years, fell from 0.6 to 0.5 per 1,000, the lowest level ever reported. . . . The birth rate for teenagers 15-17 years declined 7 percent to 20.1 per 1,000. This rate dropped 9 percent from 2007 (22.1) to 2009, and was 48 percent lower than the rate reported in 1991 (38.6 per 1,000)."

Teen births are down 59% from their 1957 modern peak, about 33% from their most recent peak in the late 1980s (when I was 15-19 years old), and significantly below the depressed levels of World War II which rebounded from a long period of muted fertility with the baby boom. With the exception of a surge in teen birth rates in the late 1980s and some small, short term statistical blips, teen birth rates have declined steadily from the 1957 peak of the baby boom to the present.

While accurate national teen birth rate statistics go back only to 1940, it is unlikely that there is any time in the history of the United States when teen birth rates have been as low as they are now, because women tended to marry younger, have children immediately upon getting married, end their formal educations sooner, had higher birth rates in generally (in part because fewer children were likely to survive to adulthood), and contraception and abortion were both far less available then. Ages at first marriage are currently at or near near record highs.

We care about teen birth rates as a social indicator, of course, mostly because teen pregnancy creates an acute risk of poverty and reduced socio-economic expectations for both the mother and the children, and because, particularly for the youngest mothers, it is often an indicator of coerced sexual relationships, usually outside marriage or in forced marriages. Low teen birth rates are expected to translate into lower long term poverty rates.

I haven't seen the parallel abortion statistics for 2009 yet, but if the trend of births and abortions the last couple of decades is any indication, the decline in births generally, and in teen births in particular, is almost entirely due to fewer pregnancies, rather than due to a smaller share of pregnancies ending in live births. Abortion rates have fallen at least as fast as teen birth rates.

Births to married mothers fell faster than births to unmarried mothers in 2009, so the share of all births to unmarried mothers rose, reaching 41.0% in 2009.

The 2009 trends were widespread amongst almost all age and ethnic categories, but the actual teen birth rates differed greatly by ethnicity.

The birth rate per 1,000 girls aged 10 to 14 in 2009 by ethnicity was:
Asian or Pacific Islander 0.2
Non-Hispanic White 0.2
American Indian or Native American 0.8
Non-Hispanic Black 1.2
Hispanic 1.0

The birth rate per 1,000 women aged 15 to 17 in 2009 by ethnicity was:
Asian or Pacific Islander 7.1
Non-Hispanic White 11.0
American Indian or Native American 30.6
Non-Hispanic Black 32.6
Hispanic 41.0

The birth rate per 1,000 women aged 18 to 19 in 2009 by ethnicity was:
Asian or Pacific Islander 25.7
Non-Hispanic White 46.1
American Indian or Native American 90.5
Non-Hispanic Black 97.5
Hispanic 114.0

The recession, a weak job market, and declining immigrant populations have been cited as possible factors in the declining birth dates.

The "total fertility rate" in the United States has been below the "replacement rate" at which births match deaths as it has in every year from 1972 to 2009 except 2006 and 2007.

This year's data continues to support the very recent trend (i.e. of the last decade or so), in which poverty has tended to reduce, rather than increase fertility. It is safe to assume that in the one group of women in whom birth rates have risen, women 40 and over, that this is driven almost entirely by affluent women who are getting pregnant with the help of fertility treatments.

To the extent that lower teen birth rates, and indeed lower birth rates generally, are an indicator of a weaker economy, 2010 may very well be the year with the lowest teen birth rate for a very long time, as teen birth rates in the U.S. may rise modestly when the economy recovers, although the fact that teen birth rates remain higher in the U.S. than in much of the rest of the developed world leaves open the possibility that there is more room for a secular decline in teen birth rates in the United States.

Census Shifts Power To Mountain West and South

The final 2010 census figures (giving the United States a 2010 population overall of 308.7 million people) have shifted eleven seats in Congress from the Northeast and Midwest to the Mountain West and the South. All nine states in the Northeast and Midwest whose allotment of Congressional seats changed saw that allotment decline. In the West and South, eight states increased the size of their Congressional delegations, while Louisiana, in the aftermath of Hurricane Katrina, lost one seat in Congress. Colorado's Congressional delegation, as expected, stayed constant at seven seats in the House of Representatives.

Advantage GOP

The shift relative to the 2000 apportionment favors Republicans in both the House of Representatives and the electoral college used to elect the President.

Of the states that will get greater representation in the 2012 election, five states that gains eight seats in Congress are red states that voted for McCain in 2008 and Bush in 2004, two states that gained three seats in Congress voted for Obama in 2008 but Bush in 2004, and one state that gained one seat in Congress is a blue state that voted for Obama in 2008 and Kerry in 2004.

Of the states that will lose seats in Congress in the 2012 election, six states that lost seven seats in Congress are blue states that voted for Obama in 2008 and Kerry in 2004, two states that lost three seat in Congress voted for Obama in 2008 but Bush in 2004, and two states that lost two seats in Congress are red states that voted for McCain in 2008 and Bush in 2004.

Thus, red states have gained a net six seats in Congress, blue states have lost a net six seats in Congress, and states that voted for Obama in 2008 and Bush in 2004 have the same number of net seats in Congress.

While the strong growth of Democratic party leaning demographic groups like minorities and younger voters, and the increasing secularization of the American public tends to favor the Democrats, the low levels of voter registration and diffuse nature of the growing demographics that favor Democrats growth have prevented the intra-electorate trends from being important as the geographic shifts in population in influencing the balance of political power in the United States.

Long Term Trends

The shift continues and reflects trends over the last forty years largely associated with a shift of the American economy from an industrial one to a post-industrial one (a bland description that reflect the fact that even the best informed observers lack a simple heuristic explanation of what our economy is based upon these days), and secondarily a shift from rural areas to urban ones.

Since 1970, states have gained or lost representatives in Congress as follows (with the parenthetical number indicating the number of Congressional seats in the 2012 election):

South (+27)
Texas +12 (36)
Florida +12 (27)
Georgia +4 (14)
North Carolina +2 (13)
South Carolina +1 (7)
Tennessee +1 (9)
Virginia +1 (11)

No change: Maryland (8), Alabama (7), Arkansas (4), Delaware (1)

Kentucky -1 (6)
Oklahoma -1 (5)
Mississippi -1 (4)
West Virginia -1 (3)
Louisiana -2 (6)

Mountain West and Pacific (+26)
California +10 (53)
Arizona +5 (9)
Nevada +3 (4)
Washington +3 (10)
Utah +2 (4)
Colorado +2 (7)
New Mexico +1 (3)
Oregon +1 (5)

No change: Hawaii (2), Idaho (2), Alaska (1), Wyoming (1)

Montana -1 (1)

Midwest and Great Plains (-27)
Ohio -7 (16)
Illinois -6 (18)
Michigan -5 (14)
Iowa -2 (4)
Missouri -2 (8)
Indiana -2 (9)
South Dakota -1 (1)
Kansas -1 (4)
Wisconsin -1 (8)

No change: Minnesota (8), Nebraska (3), North Dakota (1)

Northeast (-26)
New York -12 (27)
Pennsylvania -7 (18)
Massachusetts -3 (9)
New Jersey -3 (12)
Connecticut -1 (5)

No change: Maine (2), New Hampshire (2), Rhode Island (2), Vermont (1)

Reapportionment's Interaction With Realignment

The shift of political power to the South and Mountain West has coincided with a period in which conservative Democrats in Congress, mostly in the South, have been replaced by Republicans, and moderate Republicans in Congress, mostly in the Northeast and Pacific States, have been replaced by Democrats in Congress.

In the Republican party, the trends reinforce each other, by shifting the central of gravity of the Republican party further towards white Southern Evangelical Christians and Mormons. The electoral importance of "Reagan Democrat" blue collar union members and farmers to the Republican coalition has been reduced, and fossil fuel extraction interests have taken at least as many hits as they have made gains.

The realignment together with demographic trends tend to favor a shift to the right in the Republican party on social issues, but may undermine the strength of big money financial interests, the so called Rockefeller Republicans who live in coastal areas where Democrats are dominant in politics and a cosmopolitan identity is necessary to do business, in the Republican party. It may also undermine the ability of Republicans to draw support in any part of the mainstream entertainment industry that provided it with notable leaders like Ronald Reagan and Arnold Schwarzenegger. There will be pressure for economic conservatives outside socially conservative Republican strongholds and young conservatives to dissociate themselves from the Republican party's red state strongholds if they have any desire to remain relevant in state and local politics, a tendency that the electoral success of the Tea Party movement which publicly focused on economic rather than social issues, despite having a very culturally conservative composition, may encourage.

In the Democratic party, the demographic trends weaken the importance of blue collar private sector labor unions in the coalition, while increasing the relative importance of ethnic minorities including Hispanics, African Americans, and Asian Americans in the Democratic coalition. It reduces the electoral contribution of Jews to the Democratic party coalition (as gains in Florida are outweighed by losses in the Northeast), while increasing the importance of snowbird seniors who have relocated to warmer climes from blue states.

Large minority populations in growing red states mean that Republicans there will continue to need to be the near consensus party of Anglos in the South to win elections there. Outside the South, non-Hispanic whites are deeply split between the two major political parties, although the GOP has an edge with them.

The Republicans seem more unified politically at the moment, than the Democrats. But, the strongly geographic dimension of the divide between the Republican party's Christian right and its economic conservatives, and the large differences in political strategy between the "tribal" politics of Anglo ethnic identity in the South and the political strategy of issue driven intra-ethnic political contests elsewhere may ironically leave the GOP with more potential for schism into two different parties of the right, one dominant in each respective part of the country.

In contrast, the current big tent of the Democrats (which has shrunk somewhat by the defeat of many Blue Dogs), leaves the Democratic party seemingly more ideologically diffuse at the moment, the various factions within the Democratic party can't be decomposed nearly so easily on a regional basis. Democrats are more divided on tactics than they are on their political goals.

The American single member district plurality system can support more than two parties, so long as they are regional parties and there are no more than two strong political parties in any given area. But, the American electoral system strongly disfavors political party schism for geographically diffuse factions within a political party, even if that faction is substantial and ideologically coherent.

Third parties like the Green Party or the Libertarians are doomed in the absence of proportional representation elections. But, our system could support, for example, both a "21st century Whig Party" as a leading party of the right outside the South and areas of Mormon or Evangelical Christian religious dominance, centered on the economic establishment, and a "Christian Republican Party" that was strongly socially conservative but might have a more populist economic agenda than the existing Republican party, as a leading party of the right in current Republican strongholds.

21 December 2010

Winter Solstice Today

Today is the first day of winter, the shortest day of the year.

America's Tame Politics and Labor Relations

One of the striking aspects of the politics of Europe and many other nations of the world is the high level of political violence that takes place.

In Spain, members of rival political parties beat each other up as demostrators and counter-demonstrators clash, controversial arrests can lead to street protests, and informal labor actions have put Spanish air traffic controllers under martial law supervision, Portugal has had a widely successful general strike, Greece is experiencing general strikes and violent clashes between demonstrators and law enforcement, controversial parlimentary votes in Italy trigger riots in Rome, the streets of Dublin are full of Irish citizens protesting austerity plans, and even London has tens of thousands of demonstrators doing things like walking over police cars and breaking the windows of Prince Charles' car while he was in it.

All of that was just in the past month, and is confined to Europe. The spin would be different from different sources, but nobody denies that major strikes, general strikes, street demonstrations, violent clashes between demonstrators and police, and all sorts of "street politics" outside formal political channels are far more common in most European political systems and labor relations than they are in the United States. If you looked back just a little further, you'd find similar activity in France and many other European countries. Spain, France and Italy have all had general strikes since the 1980s. Spain and Northern Ireland have had on and off armed insurgencies in my lifetime. Greece and Germany have both had domestic terrorism in that time period.

Latin America, and much of the rest of the world, has followed this pattern of politics that spill outside the constitutional process into the streets, and of labor relations that produce frequent labor actions as strategic tools in negotiations between labor and management.

There are occassional large marches and public demonstrations in the United States, and even some small scale clashes between police and demonstrators. But, the United States has really seen nothing like what Europe and much of the rest of the world is experiencing right now in terms of street politics in the last thirty years. Even the turbulent activism and political violence of the 1960s and 1970s in the United States was probably not quite as intense as what much of Europe is experiencing right now.

The Growing Docility of American Labor Relations

Wikipedia notes six general strikes in U.S. history, one in 1919 in Seattle, and four in 1934, at the height of the Great Depression, one in Toledo, one in Minneapolis, one in San Francisco and one at West Coast Ports. There was also a general strike in the Commonwealth of Puerto Rico in 1998. The last one in the English Speaking United States was 76 years ago, and very few people living today remember it. The United States has never had a nationwide general strike and just two general strikes in its history, on restricted to a single industry, and the other to a U.S. territory, extended beyond a single city.

Union-management relations in the United States used to look a lot like they do in Europe. Strikes were large, frequent and involved a large share of the work force. National guard forces or private security forces were frequently called in to put them down in bloody conflicts. Openly socialist political parties were organized.

In 1950, a year that revisionist history remembers as a tranquil period in American history, there were 424 strikes involving 1,000 or more workers, in all involving 1,698,000 workers, which was more than one in nine members of the unionized workforce of 14.3 million workers who made up 31.5% of the total work force.

In 2008, there were 15 strikes involving 1,000 or more workers, in all including 72,000 workers which was one in two-hundred and twenty-three members of the unionized workforce of 16.1 million workers who made up 12.4% of the total workforce. The public sector which is 36.8% unionized, is as unionized as the private sector was at its peak. The private sector, which is 7.2% unionized, has the lowest level of unionization in the private sector since the 1920s, if not earlier.

The unionized workforce has remained more or less constant for half a century, despite a growing workforce, and that masks the fact that there has been substantial growth in public sector union membership and a substantial decline in private sector union membership over that time period.

The United States, there has been only one year since 1983 that more than 3% of unionized workers went on strike (1986), and there has only been one year since 1998 (the year 2000) when more than one in eighty union members went on strike. In the entire United States from 1990 to 2008, there wasn't a single year that there were more than 45 strikes involving 1,000 or more workers in the entire United States, in a period that started with a labor force of 103 million workers and peaked at just short of 130 million workers. In contrast, there wasn't a single year from 1950 to 1987 that had less than 46 strikes, despite that fact that the workforce was signficiantly smaller. Prior to the 1980s there were a couple hundred major strikes in the United States per year, about ten times current levels of labor action.

Almost all strikes in recent memory have involved workers at just a single employer. Those strikes that do happen have mostly been pretty tame by international standards. American labor unions do not, as the French do, for example, kidnap members of management until a deal is reached.

Japan is probably the only other developed country in the world with a lower level of recent labor action.

The Rarity of American Political Violence

Political violence has been very rare, and mass demonstration have been both rare and mostly peaceful. The only real riot worth mentioning in that time period was the L.A. riots of 1992 sparked by the acquittal of a policeman whose acts of racially tinged brutality were captured on videotape; the riots left 53 dead and thousands injured. In brief summary:

FIFTY-THREE PEOPLE DIED in L.A.'s riot . . . Gunfire killed 35, including eight people shot by law enforcement and two by National Guardsmen. Six died in arson fires. Attackers used sticks or boards to kill two others. Stabbings killed two. Six died in car accidents; two in hit-and-runs. One was strangled. The violence crossed racial and ethnic lines. The dead included 25 African-Americans, 16 Latinos, eight whites, two Asians, one Algerian, and one Indian or Middle Easterner. Men outnumbered women, 48 to 5.


A lot of the killings in L.A. appeared to be random. Some of the killings in L.A. involved people trying to loot businesses or defending themselves from looting.

There have been other periods of civil disorder, in college towns after major wins and defeats in sports, and in connection with natural disasters like Hurricane Katrina, but few that could properly be called political or labor related. Most of the other politically driven incidents of civil unrest, like the L.A. riots, involved instances of alleged toleration of police brutality.

You can count the number of politicans and judges assassinated in the United States in the last thirty years on your fingers (nine out of hundreds of thousands of politicians and judges over that time period) and in addition eight other successful assassinations of people for political reasons, a failed attempt to assassinate President Reagan in 1981 (that seriously injured three others), and a failed attempt to assassinate a civil rights leader in 1980. In the same period there have been more than a hundred political assassinations in Europe.

While we haven't been entirely free of domestic terrorism, particularly in support of animal rights and far right anti-government movements, it has been exceedingly rare and lacked any kind of mass support. But, the only fatal instances of terrorism in the United States by U.S. citizens were the Oklahoma City bombing and a couple of anti-abortion assassinations (one included in the list of political killings above).

There have been a few instances of deadly terrorism in the United States perpetrated by foreigners (e.g., the first World Trade Center bombing, an attack on CIA headquarters, and 9-11), but these instances have generally not involved a network of domestic supporters. Suspected foreign terrorist plots involving networks of domestic supporters have thusfar all been stopped.

It isn't that the U.S. has had particularly low levels of violence generally. Its murder rate was the highest in the developed world for much of this time period. Crime rates in the U.S. are quite low by historical standards at the moment, but the lack of political violence in the United States in the last thirty years hasn't been strongly linked to overall violent crime rates.

For whatever reason, perhaps demographic, perhaps in the political and legal system, perhaps because few issues have stirred Americans like the draft and civil rights movement did in the last major episode of street politics and political violence in the United States, politics has worked out the way we are taught in civics classes in schools, through voting, legislative action, and political litigation.

The Clarity of American Electoral Outcomes

The closest the United States has come to the kind of disputed Presidential election result that routinely come up in new democracies, such as the one pending in Ivory Coast right now, the most recent Presidential election in Afghanistan and Haiti, and the Presidential election in Ukraine a few years ago, each of which brought masses of supporters for both sides into the streets in mass demonstrations, was the 1876 Presidential election. We've had very close elections, such as the 2000 Bush v. Gore election, but that was resolved in courtrooms and election committees through basically normal channels and never led to public unrest.

Despite the fact that the 2010 election in the United States featured some of the most vitriolic and violent political rhetoric of a generation, and even a few instances of menancing with weapons, not a single person in the United States was killed or serious injured in election related violence, and no violence or threats of violence had no significant effect on the outcome of the election. The results didn't produce street protests or demonstrations. The election didn't even produce that many really large political gatherings in the course of the campaigns. The most notable rally of the campaign season was held October 30, by a couple of TV comedians on a more or less non-partisan basis.

The Demise of the Civil Jury Trial and Other Coincidences

Perhaps it is a coincidence, but the decline of labor union actions, street politics and political violence in the United States has coincided with the "vanishing trial" in which fewer and fewer civil cases actually are tried before a jury (or go to trial at all), despite swelling civil dockets. Criminal trials are also less frequent, although the decline has been less marked.

The decline has also coincided with a general decline in civil society membership organizations, and with declining church attendance and religious denominational affiliation.

A long period of economic growth may be a factor. The past thirty years has been a largely prosperous one of sustained economic growth with only short or mild recessions, until the current Great Recession. It has also been a period in which blue collar economic stagnation has been steady but mostly gradual.

Whatever the reason, the question of why American's politics and labor relations are so tame by international standards is a question worth considering.

20 December 2010

Denver Post Copyright Enforcement Still Sucks

Jason Salzman explains the state of the ongoing effort of the Denver Post and other newspapers to use the legal system to protect copyrights in freely available content, republished in part under fair use standards in many cases, with the help of draconian copyright law penalties. Its dubious litigation strategies are managed by Righthaven, the Las Vegas based law firm coordinating the effort, which is to a great extent a war on blogs.

Invoking Christianity Incites Prejudice

Is a Christian invocation as the start of a jury trial really harmless?

Apparently not.

“[A]ctivation of Christian religious concepts increases subtle and overt prejudice towards a racially disadvantaged group”. . . . well—priming Christian religion led to significant increases in negative attitudes toward gay men, Muslims and atheists.

More Contagious Cancer

About 90 percent of people are infected at some time in their lives with Epstein-Barr virus (EBV), usually with no ill effects. But individuals with compromised immune systems, such as people with organ transplants or HIV infection, have a greater risk of cancer occurring because of this virus. . . . "About 20 percent of all human cancers are caused by infectious agents, where about 80 percent of these infections are viral."


From here (hat tip to Gene Expression).

HPV which causes cervical cancer is the best known case of viral infection based cancer.

The Lame Duck Session Legislative Frenzy

The lame duck session of Congress, with just four more days to go after today (or so) has been busy.

In addition to passing a major tax bill covering the next two years (and extending extended unemployment benefits for another thirteen months), it has passed Don't Ask, Don't Tell repeal (i.e. legislatively permitted gays in the United States military), passed a law prohibiting the use of false caller ID numbers to solicit personal information, is making progress in passing food security legislation, has passed a defense appropriations bill and appears to be well on its way to passing the rest of the appropriations bills. There seems to be a good chance that the START nuclear arms treaty will still be passed, and that there may yet be a few judicial nominees confirmed before the lame duck session ends. Diana DeGette's Stem Cell research bill seems less likely to pass.

The failure of Republicans to acknowledge that any new revenues are needed, and to get more in the way of tax cuts than they had even sought, combined with a failure of anyone to put any meaningful defense spending cuts on the table in this year's defense budget, seems to insure that the next two years have record deficits. President Obama's deficit commission, whose proposals were mostly politically impossible, and unwise from a policy or social justice perspective, made few productive contributions to that debate. Their report, which secured consensus around none of its proposals, was dead on arrival in Capital Hill.

Defeated, despite support from the President, 55 Senators (it was opposed by 41 Senators filibustering the measure), and a majority of members of the House of Representatives, was the DREAM Act, which would have made U.S. citizenship available to young adults assimilated into U.S. society who are children of illegal immigrants who brought them to the U.S. who commit to higher education or military service. Given that opposition to any form of loosening of immigration policy has become highly partisan, with Republicans on the anti-immigration side of the debate, and the timid, consensus oriented ambitions of the DREAM Act, any form of compromise on immigration legislation once Republicans gain control of the House of Representatives in January seems doomed until 2013 at the earliest.

Shutting our doors to increased legal immigration is surely harmful to our economy, and a Republican policy favoring draconian efforts to close the border to illegal immigration and deport ten million or so undocumented aliens in the United States (and their U.S. citizen families), which is impracticable, inhumane and would be devistating the economy if it happened, leaves the nation in a hypocritical limbo.

The DREAM Act isn't the only bill with strong Democratic support that failed to become law. The Employee Fairness Act, a major pro-union legislative initiative stalled and died. The President's campaign promise to shut down Guantanamo Bay went unmet, and he has largely toed the line of the Bush Administration with regard to war on terrorism policies, despite some half-hearted efforts at reforms.

Defeats of multiple nominations and bills with healthy majority support in the U.S. Senate by Republican minorities willing to use every procedural tool to say no to the Democratic agenda (even bills and legislative ideas they had previously proposed themselves) has also highlighted the problem of excessive minority power in that body, but so far, has not mustered enough political will to end the filibuster and other anti-majoritarian institutions in the Senate.

Without reform, the President may even have to resort to recess appointments to put people in place to get the government's work done.

Some bills, including the tax bill, passed only with major defections by Congressional Democrats, with predominantly Republican support. It isn't clear that this has won President Obama any long lasting credit from the Republican base which has villified him, contrary to the facts, as a socialist, gun hating unAmerican. But, his swing to the right politically may cost him the enthusiastic support of the Democratic base in 2012, although the nomination of a fire breathing Tea Party conservative as a Republican nominee could change that political reality.

It also isn't clear if House Republicans who campaigned vigorously against even politically popular parts of the American welfare state, as well as the health care reform bill, will receive cooperation from President Obama in doing so. His commitment to the Democratic agenda on this issue is not at all clear.

The last minute defense appropriations bill managed to avoid becoming a forum for discontent over the course of the war in Afghanistan, now that the war in Iraq is almost over. But, Democrats in Congress are increasingly growing uneasy about the U.S. commitment to Afghanistan, which has become the longest war in U.S. history, and Republicans aren't keen to support the President in general, despite generally more bellicose attitudes towards foreign affairs. A heated debate over U.S. policy in Afghanistan is sure to resurface in the next session of Congress.

As we head into a period of divided government, the Republicans have a mostly fiscal agenda that is mathematically impossible and a visceral opposition to anything proposed by the President or any Democrat regardless of its policy merits, while the Democrats simply don't have much of a plan, period despite being in a state of remarkable ideological consensus within the legislative party, due to the defeat of many Congressional Blue Dog Democrats, including both of the Blue Dogs from Colorado.

It is hard to see much on the legislative horizon but gridlock, and we will be lucky if there is enough consensus to even pass the appropriations bills necessary to keep the government running in 2011 and 2012.

House Democrats, rendered impotent and irrelevant as a minority in Congress in a house that lacks rights for the minority party, will have plenty of time to consider these matters while their bills are shot down in committee and the Republicans embark on the agenda of trying to make the administration look bad because they have no substantive power to pass their own agenda without Democratic consent.

The reduced ranks of Democrats in the Senate, under the less than impressive tactical and stategic leadership of Harry Reid, seem sure to cave further to Republican demands in every case where the President doesn't inject them with backbone, and the President seems less than enthusiasic about holding his ground. The President's vision for our nation's future, which seemed so clear on the campaign trail, appears to have grown cloudy.

Of course, a weak economy helps none of this, and 2011, at least, looks more likely to be another year of stagnation than a year of vigorous economic recovery. The stimulus effects claimed for the latest round of tax cuts seem unlikely to materialize, because measures like speeding up depreciation deductions have never had much of a stimulative effect on the economy in the past. Perhaps 2012 will be better, but I am not holding my breath for a strong economic recovery any time soon. We will have high unemployment and a GDP smaller than it was when the financial crisis struck for most or all of the coming year.

There are a few bright spots left. Financial regulation reform bill regulations are still waiting to be adopted and could secure positive policy changes without further legislative action. The failure of Don't Ask, Don't Tell repeal to wreck havoc in the United State military will discredit anti-gay rights doomsayers again. Proposition 8's court defeat is likely to be upheld by the 9th Circuit Court of Appeals, bringing gay marriage to our nation's largest state, and new IRS regulations have brought back door equity of same sex couples of California.

U.S. Sentencing Commission proposals that are making progress could trim some of the most unreasonable criminal sentences in the federal prison system, and a general Republican distrust of the federal government and desire to cut federal spending and employment may put pressure on Congress to reduce the federal role in law enforcement, which in the drug war, in particular, has mostly been a negative one.

The "when the dust settles" estimates of the costs of the finanicial crisis bailouts has fallen all through the later part of 2010, and is likely to fall a bit further in 2011, leaving those decisions as less of an albatross around the adminstration's neck. And, the divestment of U.S. interests in institutions bailed out in exchange for equity in the financial and automotive sector will also allay mostly misplaced fears of a creeping policy of nationalizing industry.

A retreat from the brink today by North Korea, in the face of diplomacy by New Mexico Governor Bill Richardson, suggests that its leadership may still be crazy like a fox, rather than merely crazy. There are some hints from South of the border, that Mexico's drug war may finally be turning a corner, and also that some of the other epidemics of Latin American crime from Venezula to Brazil which aren't so directly related to the drug trade may be running their course. Afghanistan may be wobbly, but time and again, there are reports of major unanswered blows to the Taliban leadership in Pakistan and setbacks for the Taliban in Afghanistan. Perhaps Afghanistan's civilian leadership is simply too corrupt and incompetent to run their country on its own, but there does seem to be some indifferent progress. While there are still embers burning in the various foreign affairs fires that smolder around the world, any really major crisis would have to pretty much come out of nowhere.

Boyfriends, Independence and Parenting

[A]fter dropping my daugher at the Denver airport to go visit her college boyfriend, I in turn flew home too quickly. Distracted by my concerns of whether I was being a good mother to allow my daughter such an independent visit, I missed the 45 mph speed limit sign. My maternal worries were quickly replaced by that awful sinking feeling of seeing flashing lights in your rear-view mirror.

Pink traffic ticket in hand, I slowly drove home worried that my speeding ticket might end up costing as much as my daughter's airline ticket.


- Priscilla Dann-Courtney (author of "Room to Grow: Stories of Life and Family") from "Do You Know How Fast You Were Going - And Why?", a guest commentary at the Denver Post, December 20, 2010, page 19A.

The lede is in this story pretty much stole the show. Who can care all that much about traffic court when a young man and woman's fate hangs in the balance on the delicate thread of a long distance relationship?

As someone who has exchanged Valetines with my now wife from the time she was eighteen years old, made and received lots of cross country trips to see her in our long distance relationship phase (Philadelphia, Buffalo, Ann Arbor, Oberlin, Chicago and Grand Junction figured into those itineraries in every imaginable combination), ran up untold long distance bills, and was engaged to be married when she was twenty and I was twenty-one, I'm not someone who underestimates the potency and importance of late teen romance.

As a middle aged parent of a tween, I'm also bracing to figure out how to manage the challenges Dann-Courtney was facing as a parent myself. They will, no doubt, make the current struggles over the terms of conditions of a first cell phone, first e-mail account, unsupervised trips home from the bus stop, homework deadlines, fashion choices, flute praticing schedules, and acceptable snack foods pale by comparison.

Let's face it, I am guilty of helicopter parenting, as are about almost all middle class parents I know. It seems criminal not to know who your children's friends (and their parents) are. Raising kids in a city isn't as condusive to granting them independence as were my small town upbringing, or my wife's suburban childhood. When they were little there was a wide consensus that your children should always be in your sight or hearing, shouldn't cross even side streets alone, and should have carefully controlled diets free of the evils of sugar, unduly processed grains and excessive juice consumption. We felt a little guilty every time we skipped the organic aisle in the produce section.

Teachers and administrators at middle school Back To School night encouraged parents to ride herd on their sixth graders, while they were internalizing good study habits. Independence could wait until they had the hang of it, we were told. Parents were issued passwords that allow us to monitor homework and quiz results in real time, and were taught how to audit our children's planners to determine if they had homework that needed attention. Have we used all those tools? Only indifferently. But, the message is there, we ask a lot more questions about school work as a result, and both our middle school and elementary school child seem far more eager to have parental assistance in completing homework than I every remember being comfortable asking for when I was that age.

Dystopian teen fiction, like Scott Westerfeld's "Uglies," Ally Condie's "Matched," and webcomics like Gina Bigg's "Red String," while still featuring teens seeking independence in worlds where the older generation has plotted a path for them, gives the older generation much more credit for trying to do the right thing, even if they fail in the attempt, than similar young adult fiction did when I was kid.

In part, this is even an issue, because there is less of a generation gap than there was when we were young. My parents spent their college days struggling with slide rules and punch card computers. The software that I used to word process my sixth grade essays isn't that different from the software that my children use. My parents didn't like the Beatles when they first came out, preferring the crooners of Lawrence Welk fame. The jumble of pop, hip hop and country crossover that my kids listen to on Radio Disney isn't all that different from what my wife and I listen to on radio stations with an older target audience. The video games they play are more sophisticated than the ones we played, but we did at least play video games too as children.

It is mildly distressing to learn that the unisex jeans, t-shirt and chucks outfit that was the de facto school uniform of my entire youth has finally been displaced by a mismash of athletic clothes and ballerina skirts. But, the demise of the bowl cut that I wore for a decade in favor buzz cuts and mullets, with little in between, is surely no worse, and while girl's names have gone posh on us, with Ashley in and Jane out, their hairstyles and makeup preferences seem unchanged to my XY eyes from those of my childhood.

The flip side of being more involved in the day to day details of your children growing up, is that you have to acknowledge to a greater extent, the legitimacy of what they do care about. It is harder for Dann-Courtney to say no to her daughter's trip to see her college boyfriend when she knows the young man isn't half bad, and knows her daughter well enough to know that her daughter's feelings are heartfelt and not crazy. It is harder to insist that an elaborate role playing world videogame be shut off precisely at 8:00 p.m. as agreed when you know what a pain it is not to take the extra minute or two it takes to disconnect properly from that kind of fantasy world. Understanding fosters compromise. These days, parents are expected to be caring mentors, not authoritarian dicators of social norms, although the horror of being called out by another adult to "be a parent" puts limits on just how understanding parents can afford to be.

We meddle in our children's lives a lot, they know we want the best for them, and we know that we might not always get it quite right. This is the anxiety of parenting in the twenty-first century. Somehow, we'll muddle through, we hope, with everyone not much worse for wear in the process.

17 December 2010

New Tax Law Signed

An omnibus tax law that extends the Bush tax cuts for all for the next two years, and also extends host of other tax breaks was signed by President Obama today. The law also continued the extended unemployment benefits currently in place for another thirteen months. Usually, unemployment benefits at end after six months of benefits. Under the extended law, they end after two years of benefits (or less, depending on the local unemployment rate in a state).

From a public finance perspective, it is profligate, continuing to drive up budget deficits to record high levels. But, it does provide some ability to know what tax treatment will apply to events happening in 2011 and 2012, just two weeks before those tax years begin.

How Readable Is This Blog?

Google has a feature that can rate a blog based on reading level. What is the reading level of the posts is this blog?

Apparently: 44% Basic, 50% Intermediate and 4% Advanced (rounding errors or in inability to classify posts left us 2 percentage points short of 100%).

Some of the "advanced reading level" posts concern physics, epidemiology, linguistics and law.

The intermediate reading level posts seem to concern mostly politics, economics, law and military affairs.

The basic reading level posts have a heavy dose of technology blogging and politics.

By comparison, Colorado Pols is 19% Basic, 80% Intermediate and less than 1% Advanced, something that intuitively doesn't seem right, although it does mirror somewhat the mix of posts I make on the subject of politics.

There is more to the algorhythm than subject matter, however, as blogs about the same general subject can have very different readability levels.

16 December 2010

Neanderthals and Haldane's Law

Autosomal DNA studies comparing ancient Neanderthal DNA to modern human DNA from the farthest reaches of the Out of Africa world, have concluded that modern humans all have 1% to 4% Neanderthal ancestry, relative to the Neanderthal ancestry, if any, observed in Africa.

This was a surprise. A comparison of Neanderthal mtDNA (which is inherited in the maternal line uniparentally) with that of modern humans (which has been studied extensively) shows that no modern humans alive today have a direct Neanderthal matriline ancestor. There is also strong evidence that all Y-DNA in men alive today (Y-DNA Adam), in African and outside it, have a common ancestor within a time frame younger than the common maternal ancester (mitochondrial Eve).

How can this be explained?

I think it can be done with four assumptions: (1) Neanderthals and early modern humans largely lived in separate tribes of hunter-gathers that were predominantly endogamous, (2) the effective population size of the Eurasian founder population which was interacting with Neanderthals was small, (3) hybrid Neanderthal-modern human children ended up with their mother's tribe, and (4) Haldane's law (a.k.a. Haldane's rule) caused most first generation hybrids of Neanderthals and modern humans to be females or infertile males.

The possibility that there were a small number of outliers that deviated from this assumption (out of an already very small number of instances of admixture) can be accounted for via some combination of random chance and selective advantages that early modern humans may have had over Neanderthal hybrids in the context of early modern human tribes.

The Level Of Neanderthal-Modern Human Admixture Was Low

It is reasonable to infer that the 1%-4% level of Neanderthal admixture in non-Africans implied a low level of admixture. The archaeological evidence strongly suggests that during the period when Neanderthals and early modern humans shared the same territory, in the Levant and in Europe, that there were Neanderthal tribes and early modern human tribes, rather than tribes of significantly mixed populations.

This is consistent with the from data in existing human populations that there are strong endogamous tendency now even between populations far more culturally, genetically and phenotypically similar populations than those of the Neanderthal and early modern humans in the period when they shared territory or adjacent territories.

The Effective Size of the Eurasian Ancestor Founding Population Was Small

The phylogeny of uniparental genetic markers (Y-DNA and mtDNA) provide ample evidence that all Out of Africa populations (with the possible exception of a small wave of men with Y-DNA D whose Y-DNA is least closely related to that of other Eurasian Y-DNA haplogroups), descend from a single common founder population whose ancestral matriline population was most similar to that of women with an African specific mtDNA haplogroup found most often in and around Ethiopia.

These Eurasians, in turn, all descend from a relatively modest sized population of ancestors of all humans (including Neanderthals) within the last 1.2 million years.

[Scientists] put the number at 18,500 people, but this refers only to breeding individuals, the “effective” population. The actual population would have been about three times as large, or 55,500. . . . Geneticists have long known that the ancestors of modern humans numbered as few as 10,000 at some time in the last 100,000 years.


According to a 2007 total genome analysis of modern humans, the effective population size of all non-African modern humans is much smaller, an effective population of about 3,100, which translates to about 10,000 in the community as a whole.

Thus, to have an average 2% Neanderthal contribution to this population suggests an effective Neanderthal population of about 61 individuals over the duration of the entire period when an early modern human Out of Africa founder population was in contact with a Neanderthal population. If this happened over a thousand years or more with twenty year generations, we are talking about admixture rate on the order of one or two hybrid Neanderthal children per generation in the entire community.

Explaining The Lack of Neanderthal mtDNA

So, Neanderthal/human hybrids are quite rare. Suppose that all of those children are the product of some combination of (1) brief liasons of less than nine months, perhaps during periodic meet ups of human and Neanderthal tribes for trade or coordinated hunting, rather than sustained relationships, (2) rapes, and (3) long term relationships that were matrilocal (i.e. the husband joined the wife's tribe), something that is is characteristic of the !Kung San of Southern Africa who are frequently considered archetypical to the greatest extent of any modern population of the kind of society that was present in the hunter-gatherer era of early modern humans.

The result, if any combination of these scenarios is true (or overwhelmingly dominant, an outlier or two doesn't necessarily produce a different result), is that the children ended up in the mother’s tribe and not the father’s as a result. Thus, children of Neanderthal mothers ended up in Neanderthal tribes, and children of modern human mothers ended up in modern human tribes.

There could have been as many or more hybrid Neanderthals with Neanderthal mothers as there were hybrid Neanderthals with modern human mothers. The hybrid Neanderthals with Neanderthal mothers would have had Neanderthal mtDNA, although for reasons discussed below, they would be predominantly girls who would lack the modern human Y-DNA of their fathers. Their affiliation with Neanderthal tribes would have sealed their fate. These hybrid children and their descendants would have died out with the rest of the Neanderthal population of which they were a part.

Meanwhile, descendants of hybrid Neanderthals with modern human mothers would have been part of a population that did survive, and their descendants survived to become about 2% of the future Eurasians (they were probably small in number but introduced when the founder population of Eurasians was quite small).

But, since Neanderthal populations did not survive and only hybrid children with modern human mothers who lacked Neanderthal mtDNA managed to have modern descendants, no surviving Neanderthal descendants in modern human populations would be expected to have any Neanderthal mtDNA.

Explaining The Lack of Neanderthal Y-DNA with Haldane's Law

According to Haldane’s law, the heterogametic offspring of interspecific hybrids are likely to be absent, rare, or sterile (Short, 1997). If Haldane’s Law applied to the offspring of H.neanderthalensis and H.sapiens, we would expect to find female hybrids quite commonly, but male hybrids much more rarely.


From here.

Thus, of the sixty-one or so first generation fertile hybrid children whose descendants have survived from the Eurasian founder population, Haldane's law implies that all or almost all would have been girls, who would have had neither Neanderthal mtDNA (since they had modern human mothers) or Neanderthal Y-DNA (since they were girls). There might have been some additional Neanderthal hybrid males, but they would have disproportionately or entirely been infertile or have reduced fertility, one of the classic traits that evolution selects against.

As a result, we would expect what we observe, that there are little or no traces of Neanderthal Y-DNA or mtDNA in modern humans, despite the fact that a significant minority of our autosomal DNA is attributable to Neanderthal ancestors, all of whom among our collective ancestors would have been female children of modern human women and Neanderthal men.

Why Do All Eurasians Have About The Same Amount Of Neanderthal Ancestry?

Upper Paleolithic early modern humans in Europe were in contact with Neanderthal populations much longer than those elsewhere. Why don't they have more of a Neanderthal genetic component?

The Initial Admixture Period

A source for the common Neanderthal ancestors of all Eurasians can be explained fairly easily. Neanderthals admixed with the founder populations of the Out of Africa early modern humans before it expanded and dispersed. One place where we have archaeological evidence that this could have happened in in the Levant from about 100,000 years ago to 75,000 years ago, give or take, after which modern humans were absent from Europe and the Near East for 25,000 years or so. We know that both Neanderthals and early modern humans were present there close in time, more or less adjacent to each other, although the details are fuzzy. If that first exit from Africa was followed by a retreat to Ethiopia and second exit from Africa via the Sea of Tears, rather than being an expanding node of an Eurasian founder population in Africa that went extinct, the admixture could have happened then.

Alternately, "Eurasian Eden" could have been in the Persian Gulf, Iran or South Asia (i.e. greater India) where there is also evidence that there was a Neanderthal presence, prior to expansion of the Out of Africa founder population into different new lands. The presence of evidence of Neanderthal descent in Australia puts a "Eruasian Eden" admixture event sometime prior to 45,000-50,000 years ago, but that isn't sufficient to distinguish admixture in the first wave Levant scenario, from admixture in a later Eurasian Eden scenario.

The Case The Highly Admixed Populations In Europe Were Greatly Diluted

The harder question is why Europeans don't have elevated levels of Neanderthal admixture. This can also be explained.

There is good reason to believe that Upper Paleolithic early modern humans who had much longer periods of interaction as a population with Neanderthals than any other modern human population probably did have greater levels of admixture of Neanderthals than other ealry modern humans. Indeed, there is some evidence from physical anthropology, i.e. old bones, that they were more heavily admixed with Neanderthals.

But, there is also good reason to believe that the population of Upper Paleolithic early modern humans with elevated levels of Neanderthal admixture make up a pretty small component of the ancestors of modern Europeans.

They were hunter-gatherers. They were forced to retreat to refugia in Southern Europe as the ice pack expanded, where they would have had to compete and mix with local early modern humans who had not had contact with Neanderthals, and their numbers would have been greatly reduced relative to early modern humans in the Near East by the ice age. As the glaciers retreated from the Last Glacial Maximum reached around 20,000 years ago (at which point Neanderthals had been extinct for 10,000 years or so), there was an influx of modern humans into the newly opened virgin territory not only from the European refugia, but also from adjacent areas like the Near East and Siberia where populations that had not had contact with Neanderthals lived. Thus, the Neanderthal component of the gene poool in the hunter-gatherer populations of Europe around 15,000 years ago would have been significantly smaller than the Neanderthal component of the gene pool in the hunter-gather populations of Europe around 30,000 years ago (right around the time that further admixture with Neanderthals would have ceased because Neanderthals went extinct).

Then, there was massive demographic shift as these European hunter-gatherers saw fishers, pre-farmers and farmers in and immediately before the European Neolithic Revolution from Anatolia, Mesopotamia, the Levant and perhaps the Caucuses, all with low levels of Neanderthal admixture, outnumber them in Europe and take control of the territory of the post-Last Glacial Maximum hunter-gatherers, starting around 6,000 BCE (8,000 years ago). Some of the older hunter-gatherer population members may have been assimiliated into farming populations, but they would have been a small minority component. The evidence seems to indicate that hunter-gatherer populations and farmer populations had pretty limited admixture with each other for the first thousand years or so of their interactions with each other.

Subsequent waves of population influx into Europe from areas where modern human populations had not admixed with Neanderthals after the "Eurasian Eden" period, most notably the influx of population associated with the switch to Indo-European languages in Europe from earlier non-Indo-European languages, and various populations migrations documented in history, would have diluted European exceptionalism in Neanderthal admixture even more.

Estimating The Genetic Contribution Of "Interacting" Hunter-Gatherers In Europe

Nobody disputes that substantial dilution of this kind has happened in Europe's population history. But, there is intense dispute over how diluted the indigenous hunter-gather population was by later populations.

Estimates of the genetic contribution of people who arrived in Europe as farmers in the last 8,000 years range from about 80%+ at the high end, to 20% at the low end. I personal favor the high end estimate based on ancient DNA evidence, but respect the fact that the data can be interpreted in different ways, particularly in Atlantic/Mediterranean Europe and North Africa where the genetic break between hunter-gatherer ancient DNA and early farmer ancient DNA isn't nearly so stark. But, most of those who favor a low end figure for a farmer contribution tend to see a major expansion in European hunter-gatherer populations from ca. 18,000 years ago and a fairly fuzzy notion of the regional origins of the population in the pre-LGM period. Even if Europeans are 80% descended from post-LGM hunter-gatherer populations, that doesn't tell you how strongly they are descended from hunter-gatherer populations that interacted with Neanderthals.

There is likewise no serious dispute that the hunter-gather population of Europe immediately before farmers arrived had a different population genetic mix than the hunter-gatherer population of Europe as of 30,000 years ago. Almost the entire continent was evacuated and then repopulated and it would be remarkable indeed if the population genetic mixes were the same, given different mixes in different refugia and different rates of population expansion from each.

It is also uncontroversial that the hunter-gatherer population of Europe 8,000 years ago was probably enriched with populations that had not had significant contact with Neanderthals after the Eurasian founder population era relative to the hunter-gatherer population of 30,000 years ago who interacted with Neanderthals. But, to my knowledge no one has ever seriously quantified the percentage of 8,000 years ago European hunter-gatherers who were descended from 30,000 years ago European hunter-gatherers.

I personally believe that a 10% contribution from hunter-gatherer populations that had contact with Neanderthal populations is a pretty high estimate, but the numbers are admittedly fuzzy. Even if the enriched Neanderthal descent population made a 20% contribution to the population genetics of modern Europe, the conclusions wouldn't be all that different. But, if I am wildly wrong, and the gene pool of modern Europe is really 80% from populations that admixed significantly with Neanderthals, then one needs a different explanation (probably natural selection against Neanderthal genes which is the opposite of what you would expect in an environment where Neanderthals had a several hundred thousand year head start in adapting to local conditions or a major methodological flaw in determining the Neanderthal percentages) to explain the data.

The notion that the hunter-gatherer populations of Northern Europe had an enriched Neanderthal admixture around 30,000 years ago is itself controversial, and even among those who accept that idea, no one has to my knowledge made credible estimates of the population wide levels of Neanderthal admixture in that population. It would have been higher than for other Eurasians, and well under fifty percent. The notion that each episode of Neanderthal-modern human contact would have produced similar levels of admixture, seems like a reasonable assumption, and this would suggest it might have been two or three times that of other Eurasians (perhaps 5%-12%). But, the percentage might depend quite a bit on how narrowly the admixing population was defined (e.g. interacting tribes of modern human hunter-gatherers v. all modern humans in Europe). Lower percentages of admixture in the Neanderthal enriched group can compensate for higher percentages of descent in modern humans from the enriched group to fit the reality that we find.

If the gene pool of pre-Last Glacial Maximum European hunters and gatherers had an 8-12% level of Neanderthal admixture, while the average incoming population members had an average 2% level of Neanderthal admixture, and modern Europeans trace 10% of their descent to that most admixed Northern pre-Last Glacial Maximum hunter-gatherer population, then the average European would have 2.6% to 3% Neanderthal admixture, which would be indistinguishable from the data so far.

One would see less of a Neanderthal component in European populations with a smaller pre-LGM hunter-gatherer component in their descent, and more in European populations most strongly descended from pre-LGM hunter-gatherer populations. The Basque, Estonians, the Saami and the people of the Northern Caucuses would be a natural place to start looking for high levels of Neanderthal admixture since they seem to be the most indigeneous of European populations, although it isn't entirely clear how large a share of genetic ancestry any of these populations has going back 30,000 years in Europe. No one can say anything very definitive about the origins of these populations going back more than 12,000 to 18,000 years. There is no doubt that nobody lived anywhere in Northern Europe until that time period, but the majority view is that the populations most similar to the ancient populations of Europe derived from populations who were pushed to the fringes of Europe by the expansion of farming and then either adopted herding and farming while remaining ethnically isolated, or survived in isolated refugia as hunter-gatherers until modern times.

The "uniform level of Neanderthal admixture" fact is based on examination of only a handful of people, only a couple of whom are Europeans, so if Neanderthal admixture percentages are high only in relict populations of Europe or Central Asia, the data so far wouldn't reveal that fact. I wouldn't be surprised at all to find that somewhere in the world, probably in an ethnic subculture with historically established old roots in Europe, there is someone with a 10%-15% level of autosomal Neanderthal admixture.

Since initial Neanderthal admixture would have had to have happened at least 50,000 years ago, and secondary Neanderthal admixture would have had to have happened at least 30,000 years ago, the Neanderthal percentage should be pretty much fixed in any given genetically distinct population cluster by now. If the secondary admixture followed by dilution theory I've proposed is correct, there should be some "old European" populations in Europe that are hot spots of high levels of Neanderthal admixture, but none anywhere else in the world (with the possible exceptions of Iran and Pakistan where the Neanderthal range extended at least at some point).

But, if the vast majority of Europeans trace only a modest percentge of their descent to this ancient population that had sustained contract with Neanderthals and may have had greater levels of admixture, then the vast majority of those populations may have a quite typically Eurasian level of Neanderthal autosomal DNA. For example, it is plausible that any enhancement in the Neanderthal component of European autosomal DNA from the old hunter-gatherer descent element may be overwhelmed by founder effects in the founding populations of the various continental groups of early modern humans in Eurasia.

Consider the following example. If the Eurasian group that broke from the Eurasian founding population happened to have slightly less Neanderthal admixture than the Eurasian group that settled East Asia and Australia and the Americas, for reasons of random chance in a still small community where Neanderthal genes had not yet quite reached a fixed proportion across the entire community, that deficit of Neanderthal ancestry in the founding population might balance out an excess of Neanderthal ancestry attributable to the portion of modern populations traceable of the more Neanderthal admixed pre-Last Glacial Maximum hunter-gatherers of the Northern European fringe.

Suppose that the overall Eurasian population was 2.5% Neanderthal and split into two equal groups, one that went East and the other than went West. Suppose further, that the average person in the East Eurasian founding population was 3% Neanderthal, and the average person in the European founding population was 2% Neanderthal. If the break were along tribal lines that had extended family elements to them, and Neanderthal genes had not quite reached fixation in that population yet, and the founder subpopulations that expanded West and East were reasonably small, a 0.5% random difference in Neanderthal descent of each of the two groups from the average would hardly be exceptional. Suppose further that 10% of the average Europeans genetic ancestors were from a hunter-gatherer population that was 12% Neanderthal, Europeans and East Eurasians overall would have statistically identical proportions of Neandethal descent.

In the case, the only way to distinguish secondary enrichment in Europe would be to look at what specific Neanderthal contributions were present in different populations and to note that there was a large subset of private Neanderthal contribution found only in Europe, and a second subset of public Neanderthal contributions shared by all Eurasians, but present at lower frequencies in Europe than elsewhere. And, even this test would not be a statistically definitive one.

Still Waiting For Action On Juvie Pardons

In August of 2007, Colorado's Governor Bill Ritter convened a special panel to consider and advise him upon pardons for offenders who committed crimes as juveniles, with the focus of their deliberations being the forty-six juveniles in Colorado who are serving life without possiblity of parole sentences, and on fourteen and fifteen years olds charged as adults who would have been tried only in the more lenient juvenile justice system under current law.

Since those juvenile life without parole sentences were handed down, Colorado's General Assembly has revised the law that made those sentences possible in 2006, allowing parole consideration for new offenders who commit the same crimes after forty years. The General Assembly refrained from making the law retroactive, in part, out of the non-binding separation of powers consideration urged strongly by District Attorneys that correcting sentences already handed down is the perogative of the Governor who has the pardon power allowing him to do so.

Also, since those sentences were handed down the U.S. Supreme Court has ruled that people who commit crimes while under the age of eighteen are not eligible for the death penalty under the 8th Amendment, and in May of this year, the U.S. Supreme Court ruled in the case of Graham v. Florida that "It is unconstitutional to sentence a juvenile offender to life in prison without parole when the crime does not involve murder." The case in question involved a Florida sentence to life in prison without parole in a burglary aggravated by rape. Florida used life parole sentences for serious juvenile crimes other than murder frequently, something done in no other state in the Union to that extent.

Now Is The Time

Governor Ritter has a little more than two weeks left in office. But, the Colorado Juvenile Clemency Board has had more three years and three months since it was created to consider the issue. A year and a half has passed since I spoke with a representative of the Governor's office about the issue in the wake of news reporting about its deliberations. Yet, nothing has happened.

The Governor has issued a handful of pardons in his term, but none of consequence, and none in these high profile juvenile cases for which he convened a special panel to advise him.

Late December (typically in connection with Christmas or New Year's Day) is one of the traditional times for a Governor to issue pardons (Thanksgiving, the other traditional time, has come and gone).

Governors and Presidents tend to be particularly generous in granting pardons particularly when they are leaving office for good, as there are no political consequences for doing so and they are free to act on their consciences in a non-strategic way. There are no indications that Governor Ritter intends to seek higher office in the future, so this month is the end of the political line for him. Granting pardons also clears the deck of worthy cases deserving pardons so that subsequent holders of the office (in this case, Mayor Hickenlooper) don't have to take political heat for doing so.

Governer Ritter's Lens On Pardons

Individuals who look at the pardon decisions that Governor Ritter is faced with making at the close of his term usually point to several factors in his personal life before becoming Governor that have mixed implications.

On one hand, Governor Ritter is Roman Catholic, and the Catholic church, despite its reputation for conservatism on reproductive health issues, has also been a staunch and consistent advocate for mercy for those in prison facing the death penalty, to which the Roman Catholic Church is doctrinally opposed, and for those for whom reform is a possibility. (Note that opposition to the death penalty is a relatively recent development in the history of the Catholic church. The Pope presided over executions of condemned criminals in Vatican City as sovereign leader of the Holy See as recently as 1870, and the death penalty was legal but not used for the crime of assassinating the Pope in Vatican City until 1969.)

Governer Ritter is also a Democrat, and while he is probably more conservative than the median legislative Democrat in Congress, particularly on criminal justice and union issues, his political party has been at the forefront of the movement to turn away from draconian sentences in the criminal justice system, particularly for non-violent offenses and juvenile offenders. Governor Ritter has, with some reservations, assented to and signed many bills spearheaded by his Democratic colleagues in the General Assembly during his four year tenure as Governor that have implemented that vision in Colorado (and greatly reduced the corrections budget in the state as a result).

But, on the other hand, Governor Ritter is the former District Attorney for Denver, a position always associated with tough on crime attitudes, and ran for Governor as a death penalty supporter. In his post in Denver, Governor Ritter was a far cry from the controversial District Attorney Carol Chambers whose hard line approach to criminal prosecutions in Arapahoe County has made headlines and fostered criticism, but he was no softie either. Also, in his capacity as an advocate and person providing policy input for the state's district attorneys' in legislative battles in the state, he has always been adamant about taking the position that the Colorado General Assembly should not retroactively reduce sentences already imposed when it reduces those sentences prospectively. Sometimes this has been posed as an attitude about the separation of powers between a Governor's pardon power and the legislature's law making power. But, it also probably reflects a personal attitude that generally sentences that are legal when imposed should have a high level of finality.

The question in the next couple of weeks will be whether mercy or the hard line attitude of a former prosecutor will prevail in Governer Ritter's personal evaluation of the clemency and pardon requests he considers.

Who Are Colorado's Juvie Lifers?

To recap a little of what we know about those forty-six Colorado inmates:

• 1 of the 46 is a female.

• 57 percent committed their crimes at age 17.

• 22 percent were 16 when they committed their crimes.

• 17 percent were 15 when they committed their crimes.

• 4 percent (two of the juveniles) were 14 years old.

• 26 percent of those serving life sentences are black.

• 29 percent are white.

• Two-thirds of the convictions were for murder, and one-third were for felony murder, in which the juvenile did not personally kill anyone but played a role in a robbery or other dangerous felony in which an accomplice killed someone.


Considering The Crime

While Graham v. Florida does not, by its terms, extend to felony-murder cases (for which the U.S. Supreme Court has permitted the death penalty to be imposed upon adults who are not triggermen and do not solicit murders, despite categorically prohibiting the death penalty for non-murder crimes other than "crimes against the state" such as treason and espionage), the reasoning in that case together with the Colorado General Assembly's stance on the matter, certainly makes a strong moral case for commuting the sentences of the one-third of juveniles in Colorado serving life without parole sentences in felony-murder cases where they did not personally murder someone.

Simply put, someone who happens to be actively engaged in committing a serious crime that he does not anticipate will result in a death and has no personal role in carrying out a murder or ordering one, is not as culpable as someone who actually murders someone or orders someone to murder someone. Certainly, these individuals are guilty of the serious crime that they did intentionally involve themselves in, and certainly they exercised bad judgment in their choice of criminal accomplices. But, the statutes overreach when they equate they find that someone who set out to participate in a burglary where someone doesn't end up getting killed is so much less culpable than someone who participates in a burglary not expecting that someone would get killed and an intemperate accomplice actually does kill someone. A more serious sentence may be appropriate because a more serious outcome resulted from the collective course of action. But, it doesn't make sense to incarcerate a juvenile for life without possibility of parole when that juvenile's level of personal culpability isn't much different from that of juveniles who commit similar crimes where no one is killed who often aren't even eligible to be tried as adults under current law.

The natural thing for Governor Ritter to do would be to commute the sentences of those offenders to the same sentences that they could have received under existing Colorado, i.e. life with parole available after forty years or to the still long sentence (e.g. twenty-four years) that would have been available had they been convicted of the lesser offenses such as conspiracy to commit murder or aggravated robbery, rather than felony-murder, which involve heavily overlapping conduct.

Graham v. Florida is also notable because it is the first U.S. Supreme Court case to clearly enunciate the principle that life without parole for juveniles is different from an ordinary prison sentence, in much the same way that the death penalty is treated much differently than a prison sentence in the criminal justice system.

Considering Youth

The offenders who were younger when they committed their crimes are also particularly attractive as candidates to receive pardons.

Extensive developments in neuroscience have confirmed what most people with common sense have long known. Adolescents are less culpable than adults who commit similar crimes because the parts of their brains relevant to culpability, like ability to control impulses and ability to make good judgments, are less developed. As people get older, the vast majority of people who had developmental deficiencies that made them succeptible to committing crimes mature and are no longer the threats to society that they were when they were younger. Hence, mercy for the individuals, once they have been incarcerated for long enough to "age out" of the period in their lives as their ability to control their conduct and make good judgment has matured, makes sense for them in a way that it does not for someone who continued to commit serious crimes even after becoming a mature adult. The concern is especially strong for the youngest offenders whose capacity to control their conduct, and hence to be culpable criminal actors, is weakest, and who have the greatest potential to mature into more responsible individuals.

Until the U.S. Supreme Court's most recent holding, banning the death penalty for all crimes committed by juveniles, only offenses committed by offenders who were sixteen or seventeen years old were eligible for the death penalty. Now that Graham v. Florida has made clear that life without parole for juveniles is indeed different, life without parole sentences imposed for crimes committed when juveniles were fourteen or fifteen years old look particularly suspect.

Colorado's General Assembly has also made a distinction between juvenile offenders who are sixteen or seventeen years old, and those who are fourteen or fifteen years old in the "direct file" statute that governs when juveniles can be charged with crimes as an adult without the permission of a judge. Direct file prosecutions of first degree murder are still permitted in Colorado when offenderrs are fourteen years old, but the legislative recognition of a distinction between fourteen and fifteen year olds on one hand, and sixteen and seventeen year olds on the other, also argues that this is an appropriate factor for the Governor to consider when faced with commutation requests related to offense committed by individuals when they were juveniles.

The Governor, in considering youth in the context of a pardon petition, also has the benefit of being able to look at how a youth incarcerated for life without possibility of parole has behaved while incarcerated. He might deny a pardon to someone who has been a constant disciplinary problem while in prison, while granting a pardon to someone who has had only the most minor infractions while incarcertion and sought to better himself or herself, despite not having any real prospects for eventual release. This can inform his decision making process with information that was not available to a trial judge had a trial judge had the discretion to decide what sentence would be imposed (which, of course, the trial judge did not). Thus, Governor Ritter can act with greater confidence as a result of this greater information, than the typical trial judge at sentencing in cases where lesser criminal sentences are considered.

Considering National and International Norms

National statistics on juvenile life without parole sentencing elicited in connection with the Graham v. Florida case and recited in that opinion and in related legal briefing also make clear that the younger an offender is, the more highly unusual it is for a life without parole sentence to be imposed on a juvenile offender. Life without parole is available for juvenile offenders at all in only a couple of other countries in the world and used very sparingly in those countries.

The case for pardons (really commutations) for the sixteen and seventeen year olds who personally killed people is the weakest, although the fact that those sentences could not be handed down today in Colorado is relevant.

Considering Discretion

As the Governor considers commutations for juveniles facing life without parole sentences in his final days in office, it is also worth recalling how little official discretion was available in these cases.

Once the prosecutor in these cases made the decision to direct file them as first degree murder cases, the judges in these case has no power to second guess that decision and send the cases back to juvenile court because the offender was not an individual suitable to try in juvenile court. Direct file was a controversial innovation made in 1993 in Colorado in response to the "summer of violence" and resulting in a major increase in the number of juveniles charged as adults in Colorado. Under prior law, juveniles could be tried as adults only with judicial permission. In 2008, 179 juveniles were tried as adults for crimes under the direct file law. Under the old direct file law, prosecutors were not presented with any evidence of mitigating circumstances that might make it appropriate to try a youth as a juvenile rather than an adult when the decision was made by the prosecutor. Mostly, the decision to charge juveniles as adults was made as a matter of course in order to improve the bargaining power of prosecutors in plea negotiations with defendants, thus making a conviction for something more likely.

The juries in these cases had no role in setting the sentence. The jury's role was simply to determine if the charge brought had been established beyond a reasonable doubt, something that is particularly easy to do in a felony-murder case, where the prosecution need only prove that the individual was part of a group committing a serious felony in the course of which someone was killed in connection with the crime by someone. There are circumstances in which one can exonerate oneself from felony-murder liablity after commencing participating in the crime, but the standards for doing so are so onerous that in practice they almost never apply.

The judges in these cases also had no role in setting the sentence. Life without parole is the only sentence available and was mandatory at the time these convictions were handed down. Under the case law in place at the time that motions were presented to judges at trial regarding these sentences and when these convictions were reviewed on appeal by appellate judges, there was likewise no legal basis for striking down the sentences on the grounds that they constituted cruel and unusual punishment. If the trial judge and appellate judges agreed that the individual was found guilty in a fair trial, the sentence was a foregone conclusion.

In most of these cases, if not all, prosecutors offered plea bargains that would have produced sentences of less than life without parole, and Colorado's prisons are full of similar individuals who were offerred and accepted lighter sentences. So, to a great extent, these individuals are serving life without parole sentences not because of their crimes per se, but because of bad decisions they made in the criminal justice process - something that juveniles are particularly prone to make and that may be in some of these cases something that was a product of receiving bad advice from their public defenders.

Also, since those people who believe that they are innocent of the charges against them are mostly likely to fight them, the possibility that some of the individuals who went to trial when facing a certain life without parole sentence if convicted, rather than plea bargain for a lesser sentence, are innocent (or more likely, were probably guilty of something other than a crime as serious as the one for which the individual was convicted) is real. Even people who are convicted in trials that do not meet the high bar for reversal on appeal aren't always actually guilty. The evidence from DNA based evidence to prove innocence in rape cases suggests that juries rule correctly about 90% of the time, although there are features of those cases, like mistaken identity by witnesses who have been harmed by a stranger, that aren't as important in a typical felony murder case where an accomplice seeking leniency may testify as to the identity of a defendant, that may reduce wrongful conviction rates in these kinds of cases.

I don't personally know if any of these individuals has made an innocence claim. Governors with pardon power often make a point of not pardoning those who claim innocence rather than admitting guilty and aspiring to reform, except in the most high profile and extraordinary cases where there have been closely divided judicial rulings, and innocent claims rarely prevail in collateral attacks on convictions in the courts when the death penalty is not imposed, so there is an incentive for these individuals not to make those claims.

Governor Ritter, as a former District Attorney, is well aware that these young people ended up serving life without parole sentences, rather than simply long prison sentences with some hope of eventual release for these crimes committed as juveniles, because of rare combinations of particularly aggressive exercises of discretion by prosecuting attorneys and bad gamesmanship by juveniles defendants in the criminal justice process.

Other Cases For Juvenile Clemency

A significant number of people in Colorado's adult prison system right now are serving sentences for crimes other than murder based on convictions under Colorado's old direct file system that was reformed under a law signed in May of this year by Governor Ritter, and the reforms have been a focus of legislative interest. The bill greatly reduced prosecutorial direct file discretion in Colorado for fourteen and fifteen year olds, although it retained it for fourteen and fifteen year old offenders charged with first and second degree murder and sex offenses after a fourteen day waiting period in which mitigating evidence can be presented to prosecutors.

The original version of the bill that ultimately passed with modifications would have converted old direct file convictions of fourteen and fifteen year olds to juvenile convictions, but that provision was stripped from the legislation, again in deferrence to the Governor's separation of powers concerns in support a constitutional vision of the pardon power as the preferred means by which sentences are changed retroactively. But, the Governor has thus far offered absolutely no mercy to any of the individuals convicted of crimes when fourteen or fifteen who faced the adult justice system under a direct file regime, even though they would be unlikely to have been tried as adults under current law (which has only been in effect for a few months so far).

There are something on the order of hundreds of juveniles serving adult sentences for crimes that they committed at age fourteen or fifteen in prisons in Colorado who would very likely be serving juvenile sentences instead under current law.