A Forgotten Classic of Criminological Thought—Reintroduced for the Twenty-First Century

Originally published in 1918 and now carefully edited and introduced by Graeme R. Newman, The Criminology of Crime and Criminals: Medical, Biological and Psychological restores Charles Mercier’s groundbreaking exploration of crime, punishment, criminal behavior, and social order.

Long before modern criminology embraced concepts such as situational crime prevention, environmental opportunity, offender decision-making, and restorative justice, Mercier argued that crime cannot be explained by biology, psychology, or environment alone. Instead, criminal behavior emerges from the interaction between human nature and circumstance, between personal disposition and criminal opportunity.

Rejecting the popular theories of his day, Mercier challenges the notion of the “born criminal” and dismisses simplistic environmental explanations of lawbreaking. His provocative and highly original analysis examines:

• The psychological foundations of criminal conduct

• The roles of instinct, reason, desire, self-control, and will

• How opportunity and temptation shape criminal action

• The classification of crimes and criminals

• The relationship between crime, morality, and society

• The purposes of punishment: deterrence, retaliation, reform, and reparation

• The prevention, detection, and punishment of crime

Mercier’s central insight—that criminals are not a separate species but ordinary human beings responding differently to circumstances—remains strikingly relevant more than a century later.

Graeme R. Newman’s contemporary introduction places Mercier within the broader history of criminological thought and connects his ideas to modern developments in crime prevention and criminal justice. Together, Mercier and Newman illuminate enduring questions that continue to shape public policy and scholarly debate:

Why do people commit crimes? How should society respond? Is prevention more effective than punishment?

Part intellectual history, part criminological theory, and part social philosophy, this edition offers a fascinating window into the origins of modern criminology and the continuing struggle to understand crime and criminals.

Essential reading for students and scholars of criminology, criminal justice, sociology, psychology, legal history, and anyone interested in the causes of crime and the future of punishment.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2026. 195p.

by Graeme Newman (Editor), Charles Mercier (Author)

Why do people commit crime? When does mental illness diminish responsibility? Should punishment always follow wrongdoing?

More than a century before modern debates about criminal responsibility, forensic psychiatry, and the treatment of mentally ill offenders, the distinguished British physician Charles Mercier confronted these enduring questions with remarkable clarity and originality.

In Crime, Insanity and Affliction, Mercier explores the complex relationship between criminal behaviour, mental disorder, and human suffering. Rejecting simplistic explanations, he argues that crime cannot be understood apart from the biological, psychological, and social forces that shape human conduct. His examination ranges from drunkenness, epilepsy, intellectual disability, and mental illness to questions of moral responsibility, punishment, and the proper role of the criminal law.

Although written in the early twentieth century, many of Mercier's observations anticipate debates that continue today. His discussion of diminished responsibility, the treatment of mentally ill offenders, addiction, and the limits of punishment remains surprisingly relevant in an era still struggling to balance justice, compassion, and public safety.

This new Read-Me edition presents Mercier's influential work with a new editorial introduction that places his ideas within the development of modern criminology, forensic psychiatry, and criminal justice. It also examines where Mercier's conclusions have been confirmed, where later research has challenged them, and why his work continues to deserve the attention of students, scholars, and general readers alike.

More than a historical curiosity, Crime, Insanity and Affliction is a thoughtful exploration of one of society's oldest and most difficult questions: how should we judge those whose minds, circumstances, or afflictions place them beyond the ordinary boundaries of responsibility?

Read-Me.Org Inc. New York-Philadelphia-Australia. 2026. 182p.

A Forgotten Classic of Criminological Thought—Reintroduced for the Twenty-First Century

Originally published in 1918 and now carefully edited and introduced by Graeme R. Newman, The Criminology of Crime and Criminals: Medical, Biological and Psychological restores Charles Mercier’s groundbreaking exploration of crime, punishment, criminal behavior, and social order.

Long before modern criminology embraced concepts such as situational crime prevention, environmental opportunity, offender decision-making, and restorative justice, Mercier argued that crime cannot be explained by biology, psychology, or environment alone. Instead, criminal behavior emerges from the interaction between human nature and circumstance, between personal disposition and criminal opportunity.

Rejecting the popular theories of his day, Mercier challenges the notion of the “born criminal” and dismisses simplistic environmental explanations of lawbreaking. His provocative and highly original analysis examines:

• The psychological foundations of criminal conduct

• The roles of instinct, reason, desire, self-control, and will

• How opportunity and temptation shape criminal action

• The classification of crimes and criminals

• The relationship between crime, morality, and society

• The purposes of punishment: deterrence, retaliation, reform, and reparation

• The prevention, detection, and punishment of crime

Mercier’s central insight—that criminals are not a separate species but ordinary human beings responding differently to circumstances—remains strikingly relevant more than a century later.

Graeme R. Newman’s contemporary introduction places Mercier within the broader history of criminological thought and connects his ideas to modern developments in crime prevention and criminal justice. Together, Mercier and Newman illuminate enduring questions that continue to shape public policy and scholarly debate:

Why do people commit crimes? How should society respond? Is prevention more effective than punishment?

Part intellectual history, part criminological theory, and part social philosophy, this edition offers a fascinating window into the origins of modern criminology and the continuing struggle to understand crime and criminals.

Essential reading for students and scholars of criminology, criminal justice, sociology, psychology, legal history, and anyone interested in the causes of crime and the future of punishment.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2026. 195p.

The book that criminology forgot — and urgently needs to remember.
Arthur M<ercier (Author). Graeme Newman (Editor and Introduction).

First published in 1918 by the University of London Press, Charles Arthur Mercier's Conduct and Its Disorders, Biologically Considered, published by Macmillan in 1911 is one of the most rigorous, most readable, and most unjustly neglected works in the history of criminological thought. Now reissued as The Biology of Conduct Disorders, with a major critical introduction by Graeme R. Newman, it arrives at a moment when the questions it raises — about criminal intent, biological disposition, the limits of punishment, and the poverty of criminological theory — are more pressing than ever.
Mercier was no armchair theorist. As medical officer of lunatic asylums, consulting physician at criminal trials, and the only systematic student of conduct as a science, he brought to the study of crime a combination of clinical experience and biological rigour that the field had not seen before and has rarely matched since. His target was the prevailing chaos of criminological thought — above all the Continental school of Lombroso, which he dismantled with surgical precision — and his method was the application of praxiology, his own science of conduct, to the specific problem of criminal action.

What Mercier argued — and why it still matters:

• Every criminal act is the product of two factors: an internal factor (the biological constitution of the offender) and an external factor (circumstance and opportunity). Ignoring either produces not criminology but ideology.

• The turpitude of the criminal and the gravity of the crime are entirely separate questions — and confusing them has produced centuries of unjust punishment.

• Punishment should be calibrated to intention, not outcome: the man who intends murder and fails is more culpable than the man who kills by accident, whatever the body count.

• Statistical criminology — mass data gathered from convicted prisoners — cannot produce a science of crime. Only the study of individual criminal action, grounded in biology, psychology, and jurisprudence together, can do that.

• Certain acts currently outside the law (stealing the use of a thing; deliberate breach of contract) deserve criminal status; certain acts currently criminalised do not.

This new edition includes a critical introduction by Graeme R. Newman, Distinguished Professor Emeritus at the School of Criminal Justice, University at Albany, and one of the most provocative and original voices in the study of crime, deviance, and punishment. Author of Comparative Deviance: Perception and Law in Six Cultures, The Punishment Response, Just and Painful: A Case for the Corporal Punishment of Criminals, and Civilization and Barbarism: Punishing Criminals in the Twenty-First Century — and, as Colin Heston, of darkly satirical fiction including The Tommie Felon Show, Miscarriages, and Holy Water — Newman brings a unique authority to this text. Writing with the unflinching directness that earned him national television appearances and a reputation as the most uncomfortable conscience in American criminology, he traces the connections between Mercier's 1918 arguments and the debates that have defined — and divided — the field ever since.
"With the exception of logic, there is no subject on which so much nonsense has been written as this of criminality and the criminal." — Charles Arthur Mercier, 1918
Essential reading for students and scholars of criminology, criminal justice, the history of psychiatry, legal theory, and the philosophy of punishment — and for anyone who has ever wondered why, after two centuries of criminal science, we understand so little about why people commit crimes and what we should do about it.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2026. 208p.

By The International Drug Policy Consortium

The 2016 UN General Assembly Special Session (UNGASS) on drugs was a watershed moment in global drug policy. It created a rare opportunity to reconsider the prevailing international paradigm on drugs and to chart a new direction.

The UNGASS process was notable for the unprecedented involvement of civil society, affected communities, UN entities and human rights experts. It helped place public health, human rights and communities closer to the centre of drug policy-making, and paved the way for better alignment between the UN drug control regime and the wider UN system. The process also generated valuable momentum for new debates and advocacy at the national level.

However, the UNGASS ultimately fell short of introducing genuine reform of the norms and institutions underpinning the international drug control system.

This report examines progress made since the 2016 UNGASS to assess the role of the global drug control regime in shaping change. It draws on UN data and reporting, academic research, contributions from civil society and community organisations, and a dedicated civil society survey conducted among IDPC members and partners.

Key conclusions

The report concludes with four forward-looking findings:

• Civil society and community organisations play a critical role in drug policy, yet continue to be sidelined, underfunded, and increasingly exposed to threats and attacks.

• The UN drug control treaties require urgent modernisation in order to respond to new realities and remain fit for purpose.

• A drug control system oriented towards human rights, health and development requires a thorough reconfiguration of the existing architecture, including strong and systematic inter-agency cooperation across the UN system.

• Regular discussion of drug policy at the UN is essential, but the agenda and working methods of the Commission on Narcotic Drugs (CND) must change to enable meaningful progress.

By Michael Rempel, Krystal Rodriguez, and Kellyann Bock

As New York City works toward its mandate to close Rikers Island, addressing the mental health needs of people detained in the jail system remains a central challenge—and a defining opportunity for reform. Developed by the Data Collaborative for Justice at John Jay College and the Katal Center for Equity, Health, & Justice, this report brings together the latest mental health data for people held at Rikers, lived-experience insights from directly impacted people, and a 15-point plan to create a more effective and humane path forward.

Grounded in evidence, the report aims to:

1. Present updated data on the nature and scale of mental health needs among people held in the NYC jails.

2. Give a voice to the people behind the numbers through select first-person accounts that highlight systemic gaps and unmet needs.

3. Identify a continuum of safe and effective jail diversion strategies that can reduce the jail population while strengthening care, stability, and long-term public safety.

Taken together, this report offers a roadmap to reduce the number of people with serious mental health needs detained at Rikers and to strengthen NYC’s continuum of care.

By Stephen Koppel & René Ropac

The current study isolates the effect of what is arguably the most consequential bail reform provision: eliminating the option to set bail or detain people for most misdemeanor and nonviolent felony charges. The study uses what is known as a “difference-in-differences” causal design—comparing the change in re-arrest rates from before to after initial bail reform implementation among charges seeing the elimination of bail versus charges remaining legally eligible for bail.

What Did We Find?

• Pretrial Recidivism: During the brief pretrial period (capped at 6 months for all cases), eliminating bail had no overall effect on recidivism. However, recidivism increased among a small high-risk group with a pending case.

• Two-Year Recidivism: Over a longer two-year follow-up—including the period both before and after a case disposition—results grew more favorable to bail reform. Charges seeing the elimination of bail had significantly lower felony re-arrest rates than charges still exposed to bail and detention. In addition, there was no longer evidence of a recidivism increase for the “high-risk” subgroup (or any other subgroup).

What's the Upshot?

Our latest study adds to a growing body of research analyzing the effects of New York’s bail reform on public safety. Short-term recidivism increases appear limited to a small high-risk subgroup, with the current study indicating that such increases were no longer present when extending the follow-up period to two years. 

Meanwhile, considering all five of DCJ’s recidivism studies, a pattern emerges that, overall, expanding pretrial release under bail reform reduced recidivism in New York City—especially over a long-term 50-month tracking period—while having no clear effect in suburban and upstate regions. Each prior DCJ study (two in New York City, one outside the City, and a statewide study released last month) reported these overall effects, while adding more nuanced results for key subgroups of interest.

By Falcon Correctional & Community Services, Inc

The Wisconsin Department of Corrections (WIDOC) Division of Adult Institutions (DAI) has long served the Wisconsin community with its three stated goals: • WIDOC works to protect the public through the constructive management of those placed in its charge. • WIDOC offers education, programming, and treatment to persons in WIDOC’s care that enables them to be successful upon returning to the community. • WIDOC’s mission is to achieve excellence in correctional practices while fostering safety for victims and communities. The WIDOC Executive Leadership Team sought outside assistance to conduct a comprehensive system-wide assessment of correctional, mental health, and physical health operations and practices, with a particular focus on restrictive housing and organizational culture. The project, initiated through discussions with Secretary Jared Hoy and his executive team, was designed to build upon recent reform efforts and respond to persistent staffing and operational challenges. The study used a multi-method approach that included data requests and analyses, staff interviews, workshops with DAI staff and other key stakeholders, site visits, interviews with incarcerated individuals, and policy reviews. The central objectives of the study were to (1) identify areas of strength that could be expanded upon throughout the department, (2) identify areas requiring improvements, and (3) provide actionable, evidence-based, and sustainable recommendations to achieve both short-term and long-term success. This independent assessment was conducted by an interdisciplinary team of Falcon Correctional and Community Services, Inc. (“Falcon, Inc.” or “Falcon”) experts with expertise in the administration of state prison operations, correctional medical and behavioral health practices, the assessment of criminogenic risk, large-scale system studies, and restrictive housing reform. The purpose of this independent evaluation was to serve as a tool to collectively understand, navigate, and prioritize recommendations for system improvements. Falcon would like to thank everyone at WIDOC for their assistance throughout this study. The time commitment was significant, from responding to data requests, organizing and facilitating site visits, and participating in workshops to providing the information necessary to complete this important project. We also thank you for the important work you do for the individuals in your care, your staff, and the Wisconsin community.Inc. 

By William Downs

Police disciplinary proceedings are brought in cases where it is agreed, following an investigation, that a police officer has a case to answer for: • misconduct (meaning a breach of the standards of professional behaviour that justifies disciplinary action of at least written), or • gross misconduct (meaning a breach of the standards of professional behaviour that is so serious to justify dismissal) A decision on whether there is a case to answer is based on whether there is sufficient evidence upon which a misconduct panel “could make a finding on the balance of probabilities” that an officer’s behaviour amounted to misconduct or gross misconduct. The Commons Library briefings Police standards: Complaints and Police Standards: Conduct explain in more detail how allegations of police wrongdoing are investigated.

London: UK Parliament. House of commons Library.. 2025. 19p.

By Suleman Lazarus  · Peter Tickner  · Michael R. McGuire1

 We discuss cybercrimes against senior citizens from three standpoints: (a) online fraudsters often target senior citizens because of their age, which results in the propagation of ageism. Thus, we explicitly defne ageism in the context of cybercrime, characterising it as the intentional targeting or prioritisation of senior citizens as potential victims of online fraud. (b) Senior citizens are vulnerable to online fraud schemes for physiological (e.g., cognitive decline), psychological (e.g., elevated fear of cybercrime), familial (e.g., insider fraud), and sociocultural (e.g., isolation) reasons. (c) Cybercrimes against older adults predominantly fall under the socioeconomic category driven by a common fnancial motive. We argue that ageism serves as a weapon used by online offenders to target older adults, whilst the concept of the ideal victim acts as society’s shield in response to these reprehensible actions. This framework invites closer attention to how age-based targeting in cyberspace reproduces broader social, economic, and moral asymmetries.  Future empirical studies are warranted to substantiate these claims beyond the theoretical realm.

Security Journal (2025) 38:42 

By Arthur MacDonald.

The narrative in Volume 1 asks many pointed questions: What does it mean to be “abnormal”? Who decides? And how have these judgments shaped modern science, education, and criminal justice?

First published in 1893, Arthur MacDonald’s Abnormal Man is one of the earliest American attempts to systematically study human difference through the emerging tools of psychology, anthropology, and criminology. Drawing on international research—from European criminal anthropology to American child-study movements—MacDonald sought to classify the physical, mental, and moral traits considered “aberrant” in his era. His work reflects the hopes and anxieties of a society confronting rapid industrialization, immigration, social change, and new scientific approaches to crime and mental health.

To the modern reader, Abnormal Man reveals both the ambition and the pitfalls of nineteenth-century science. Its pages contain pioneering observations about child development, deviance, and social responsibility, alongside early theories—now discredited—about heredity, physiognomy, and race. What emerges is a vivid and sometimes unsettling portrait of a culture striving to understand human variation without the benefit of modern psychology or ethical safeguards.

The Read-Me.org edition Volume 1 presents Abnormal Man as both a historical artifact and a gateway to critical reflection. It illustrates how scientific thought evolves, how cultural bias can shape research, and how early debates about abnormality laid the groundwork for contemporary approaches to mental health, special education, criminology, and social policy. To make such work, much of it controversial then as it is today, minimally believable, requires extensive documentation. The voluminous Bibliography of Abnormal Man reproduced here in Volume 2, contains all that Macdnald referred to within his detailed exposition. To some, his arguments may seem unsupported, or lacking in evidence. But he left no stone untuned as this amazing bibliographical documentation of all relative contemporary research

A foundational text at the crossroads of science and society, Abnormal Man invites readers to explore the origins of modern debates about deviance, diversity, and the boundaries of the “normal.”

Read-Me.Org Inc. New York-Philadelphia-Australia. 2025. 240p.

By Arthur MacDonald. Introduction by Graeme R. Newman

What does it mean to be “abnormal”? Who decides? And how have these judgments shaped modern science, education, and criminal justice?

First published in 1893, Arthur MacDonald’s Abnormal Man is one of the earliest American attempts to systematically study human difference through the emerging tools of psychology, anthropology, and criminology. Drawing on international research—from European criminal anthropology to American child-study movements—MacDonald sought to classify the physical, mental, and moral traits considered “aberrant” in his era. His work reflects the hopes and anxieties of a society confronting rapid industrialization, immigration, social change, and new scientific approaches to crime and mental health.

To the modern reader, Abnormal Man reveals both the ambition and the pitfalls of nineteenth-century science. Its pages contain pioneering observations about child development, deviance, and social responsibility, alongside early theories—now discredited—about heredity, physiognomy, and race. What emerges is a vivid and sometimes unsettling portrait of a culture striving to understand human variation without the benefit of modern psychology or ethical safeguards.

This new Read-Me.org edition presents Abnormal Man as both a historical artifact and a gateway to critical reflection. It illustrates how scientific thought evolves, how cultural bias can shape research, and how early debates about abnormality laid the groundwork for contemporary approaches to mental health, special education, criminology, and social policy.

A foundational text at the crossroads of science and society, Abnormal Man invites readers to explore the origins of modern debates about deviance, diversity, and the boundaries of the “normal.”

Read-Me.Org Inc. New York-Philadelphia-Australia. 2025. p.193.

By Colette Ashton

Strengthening existing institutions, prioritising prevention and engaging the private sector are needed to end corruption.

This report analyses South Africa’s anti-corruption institutions in relation to international good practice. It highlights problems with their functional independence and organisational culture. It identifies a serious gap in the area of prevention. Among the recommendations are that South Africa undertake feasible, incremental improvements to existing institutions and engage the private sector to help prevent and detect corruption.

Key findings There is insufficient empirical research on corruption in South Africa to inform context sensitive policy reform. Anti-corruption institutions are governed by a parallel informal system of social norms held in place by incentives such as promotion and disincentives such as bullying. This organisational culture prioritises obedience to authority over ethics, eroding integrity. A culture of mistrust and competition exists between law enforcement agencies, hampering collaboration. Feasible, incremental reforms of anti-corruption institutions are needed in the short term, focusing on organisational culture. Recommendations Strengthen existing agencies Amend the National Prosecuting Authority Act so that: the National Director of Public Prosecutions (NDPP) is the accounting officer; the budget is allocated by Parliament; there are merit-based appointment processes and security of tenure for senior leaders; and the NDPP has control over human resources. Develop context-sensitive prosecutorial prioritisation policy that focuses on the criteria of redress for economic harm and is mindful of the need for political stability. Revise performance targets of law enforcement agencies to incentivise cooperation, not competition. Build cultures of integrity, trust and cooperation in and among anti-corruption agencies. Prioritise prevention Work towards an independent anti-corruption prevention agency. Urgently provide the Public Administration Ethics Integrity and Disciplinary Technical Assistance Unit in the Department of Planning, Monitoring and Evaluation with increased funding and independence. 2 The NPA should be given control over its own budget and human resources, which are currently controlled by the Department of Justice and Constitutional Development. Effective anti-corruption agencies in developing countries may trigger political instability. Political stability is a precondition for economic growth, which in the long term creates conditions for more effective anti-corruption institutions. Equitable economic development is a precondition for the transformation of more economically harmful types of corruption, e.g. plunder, into less harmful types, e.g. lobbying. The private sector is a key partner for government in the prevention and detection of corruption. Prioritise integrity in government by promoting ethical employees. Prioritise corruption prevention in the South African Police Service. Change the incentive structure for the private sector Introduce a statute providing for non-trial resolutions of corporate corruption cases to incentivise companies to self-police corruption. Develop capacity in the Companies and Intellectual Property Commission to support companies to develop effective anti corruption compliance programmes. Partner with the private sector to run collective action programmes in key sectors such as health, construction and shipping. Research Conduct a risk analysis for a proposed Chapter 9 anti-corruption super-agency with investigative and prosecutorial powers. Conduct research into a two-track criminal and administrative anti-corruption enforcement system. Conduct more empirical, sector-specific research into corruption

Pretoria: Institute for Security Studies, 2024. 28p,

By Colette Ashton

Developing country theorists claim that strategies should focus on human behaviour and economic incentives, not legal measures.

To remedy systemic corruption in South Africa, policymakers must look beyond the discourse of transparency and accountability to emerging anti-corruption theory. Policy research in this field should be multi-disciplinary, grounded in empirical research and informed by decolonial thought. There is a need for more research into the unique types and drivers of corruption at national, local and sector-specific levels, to inform policy reform.

Key findings There is international consensus that anti-corruption reforms often fail or backfire, particularly in developing countries. The dominant Western good governance approach should be supplemented by theory emerging from other schools of thought from developing countries. The good governance approach recommends transparency and accountability, prioritising better laws and improved enforcement as the primary solutions. Theorists from developing countries claim that where there is systemic corruption, it is more helpful to focus on human behaviour and economic incentives to prevent corruption. Legalistic measures tend to be one-dimensional, ineffective and sometimes harmful. Recommendations Government should: Reconsider policies in light of emerging theory and evidence from global anti- corruption practices. Develop a strategy for communicating alternative perspectives and approaches to heads and staff of anti-corruption agencies and other government institutions. Researchers should: 2 Conduct localised and sector-specific empirical research into corruption in South Africa. Conduct qualitative research into the social norms governing government institutions and the private sector. Critically analyse the South African anti corruption discourse through a decolonial lens. Social norms – what people expect others to do – are the unwritten rules governing institutions and are a primary driver of corruption. For many, obeying these rules is a logical response to structural conditions, including economic incentives and disincentives. Research shows that most people are inclined to behave ethically if their environment facilitates it. Reframing corruption as a collective action problem, where policy is designed to influence the behaviour of groups, is likely to result in more effective anti-corruption initiatives. Economic development that delivers more equitable distribution of opportunities and wealth is a precondition for building a state with the capacity to reduce corruption. Determine who the rule-following elites are and devise ways to incentivise them to exert pressure on non-rule-following elites. NGOs should: Develop partnerships with institutions working with alternative theoretical/policy approaches. Explore opportunities for cooperation with business and government in developing sector specific anti-corruption projects. Develop and execute a strategy for communicating alternative perspectives to civil society and media, and in doing so, highlight success stories. Develop pilot anti-corruption reform projects based on emerging alternative perspectives

Pretoria: Institute for Security Studies, 2024. 12p.

ByThomas D. Akoensi, Justice Tankebe

Using an experimental vignette design, the study inves-tigates the effects of criminal records on the hiring deci-sions of a convenience sample of 221 human resource(HR) managers in Ghana. The HR managers were ran-domly assigned to read one of four vignettes depicting job seekers of different genders and criminal records:male with and without criminal record, female with and without criminal record. The evidence shows that a criminal record reduces employment opportunities for female offenders but not for their male counter-parts. Additionally, HR managers are willing to offer interviews to job applicants, irrespective of their crim-inal records, if they expect other managers to hire ex-convicts. The implications of these findings are dis-cussed.

The Howard Journal of Crime and Justice, online first, May 2024

by Osborne Jackson and Riley Sullivan

Criminal justice reform has been a high-priority policy area in New England and the nation in recent years. States are generally seeking legislation that would help reintegrate ex-offenders into society while still prioritizing the welfare of all members of the public and the achievement of fiscal goals. The research findings presented in this report indicate that raising felony larceny thresholds—that is, increasing the dollar value of stolen property at or above which a larceny offense may be charged in court as a felony rather than a misdemeanor, a policy adopted by three New England states over the last decade—seems to balance these objectives. Policymakers interested in criminal justice reform should consider incorporating felony larceny threshold increases into the suite of policy changes implementing such reform.

When assessing larceny incidents as a whole, this report concludes that enacting higher felony larceny thresholds does not lead to an escalation of crime in the short run. Even upon considering the subset of larceny incidents where escalation is most likely to occur and where analysis is potentially not affected by other concurrent changes in larceny penalties, this report finds only a small, 2 percent short-run increase in the intensity of larceny crime (value of stolen property) and still no increase in the amount of larceny crime (rate of occurrence).

New England Public Policy Center,  Federal Reserve Bank of Boston. 2020, 29pg

By Douglas Husak

The allegation that criminal justice systems (and that of the United States in particular) have become guilty of overcriminalization is widely accepted by academics and practitioners on nearly all points along the political spectrum (Dillon 2012). Many commentators respond by recommending that states decriminalize given kinds of conduct that supposedly exemplify the problem. I urge those who are theoretically minded to proceed cautiously and address several preliminary matters that must be resolved before genuine progress is possible. In the absence of a position on several controversial normative and conceptual issues, discussions of overcriminalization and decriminalization are bound to be oversimplified and superficial. My review is organized around six of these issues. I invite commentators to examine (a) what the criminal law is; (b) what overcriminalization means; (c) why overcriminalization is thought to be pernicious; (d) whether overcriminalization is a de jure or de facto phenomenon, i.e., whether it is a function of the law on the books or the law in action; (e) what normative criteria might be invoked to alleviate the predicament; and (f) whether and to what extent overcriminalization is a serious concern in our penal system. Even though these six issues are analytically distinct, positions about one invariably blur into commitments about the others. Although theorists rarely dissent from the claim that states are guilty of something called overcriminalization, uncertainties about the foregoing topics mar their treatments. I conclude that a deep understanding of the problem of overcriminalization depends on how these six issues are resolved.

Annual Review of Criminology, v. 6. 2023, 19pg

By David Garland

This review situates the recent, radical challenges to American criminal justice—calls to end mass incarceration, defund the police, and dismantle systemic racism—within the broader social and economic arrangements that make the US system so distinctive and so problematic. It describes the social structures, institutions, and processes that give rise to America's extraordinary penal state—as well as to its extraordinarily high rates of homicide and social disorder—and considers what these portend for the prospect of radical change. It does so by locating American crime and punishment in the structural context of America's (always-already racialized) political economy—a distinctive set of social structures and institutional legacies that render the United States more violent, more disorderly, and more reliant on penal control than any other developed nation. Drawing on a broad range of social science research findings, it argues that this peculiar political economy—a form of capitalism and democratic governance forged on the anvils of slavery and racial segregation and rendered increasingly insecure and exclusionary in the decades following deindustrialization—generates high levels of social disorganization and criminal violence and predisposes state authorities to adopt penal control as the preferred policy response.

Annual Review of Criminology v. 6. 2023, 20pg

By The Center for Justice Innovation

The Center for Justice Innovation and RxStat convened together stakeholders in the criminal justice, court, and public health systems to discuss the treatment of drug use and prevention of fatal overdoses in the context of the criminal justice system, as well as the integration of harm reduction principles. This document, which maps many of the court-based problem substance use interventions currently utilized across New York City, came out of this forum of experts.

On September 19, 2023, the Center for Justice Innovation and RxStat convened together stakeholders in the criminal justice and court systems, clinicians, and public health experts to discuss the treatment of drug use and prevention of fatal overdoses in the context of the criminal justice system, as well as the integration of harm reduction principles into these and related programs. Among the pre-conference materials distributed were this document, which maps many of the court-based problem substance use interventions currently utilized across New York City. We divided these initiatives into four stages within the timeline of a criminal case: pre-arraignment, arraignment, pre-plea, and post-plea. This categorization is intended to highlight the distinct role that each stage plays within the larger system of treatment and prevention.

New York: The Center for Justice Innovation. 2023, 16pg

By James Austin, Todd Clear, and Richard Rosenfeld

Illinois is one of several states considering how to reduce its prison population amid the pandemic and calls for an end to mass incarceration. In recent years, the state has taken steps to reduce its prison population through judicial discretion, bail reform, and diversion programs. As Illinois’ prison population declines and policymakers, prosecutors, and courts consider alternatives to incarceration, what is the risk to public safety? Is crime likely to increase or decline in the state as those convicted of crimes are released or diverted to other programs? In this study, funded by The Harry Frank Guggenheim Foundation, the authors conclude that Illinois crime rates, which have been on the decline since the 1990s, will continue to decline in a fluctuating pattern, with moderate year-to-year changes. This will be true even if Illinois reduces its prison population by an additional 25% over five years. The authors reached this conclusion by constructing a quantitative model that accounts for Illinois crime trends over nearly four decades and provides a basis for predicting crime rates in the near future. This study is a companion to the 2020 Harry Frank Guggenheim Foundation report Explaining the Past and Projecting Future Crime Rates, which examined national crime trends and reached similar conclusions about crime rates in the near future.   

New York: Harry Frank Guggenheim Foundation. 2020, 23pg