By Meredith Rossner and Helen Taylor

Restorative justice is an idea and a practice that has had a significant impact on criminology over the past four decades and has proliferated throughout the criminal justice system. Yet from the beginning of this movement, there have been worries that the mainstreaming of restorative justice will lead to its dilution, or even corruption, and undermine its transformative potential. Developing alongside the growing institutionalization of restorative justice has been a transformative justice movement that has arisen from larger movements for racial and gender justice, drawing on similar foundational values to restorative justice. This review interrogates the relationship between restorative and transformative justice by examining a flourishing of ideas and experiments at the margins of the restorative justice movement in three key areas—responses to racial injustice, sexual violence, and environmental harm—and finds that restorative justice has the capacity to work at multiple levels to respond to harm, transform relationships, and prevent future injustices.

Annual Review of Criminology, Volume 7, Page 357 - 381

By Valerie Jenness and Alexis Rowland

A growing body of research reveals that transgender people are disproportionately in contact with the criminal legal system, wherein they experience considerable discrimination, violence, and other harms. To better understand transgender people's involvement in this system, this article synthesizes research from criminology, transgender studies, and related fields as well as empirical findings produced outside of academe, to conceptualize a “transgender criminal legal system nexus.” This article examines historical and contemporary criminalization of transgender people; differential system contact and attendant experiences associated with police contact, judicial decision-making, and incarceration; and pathways to system involvement for transgender people. The analytic focus is on cultural logics related to institutionalized conceptualizations of gender, discriminatory people-processing in various domains of the criminal legal system, and institutionally produced disparities for transgender people involved in the criminal legal system, especially transgender women of color. The article concludes with a discussion of directions for future research, including a focus on administrative violence, organizational sorting, intersectionality, and measurement challenges.

Annual Review of Criminology, Volume 7, Page 283 - 309

By Hedwig Lee

I describe how cultural and structural racism operate the entire contemporary American criminal justice system via five features: devaluation of certain human lives, ubiquitous adaptation, networked structure, perceived neutrality, and temporal amnesia. I draw from specific historical and contemporary examples in policing, courts, and corrections to further emphasize the foundational nature of racism and its role in shaping racial/ethnic inequities not just in relationship to criminal justice outcomes but also in relationship to health, economic, and social well-being.

Annual Review of Criminology, Volume 7, Page 233 - 255

By Bernadeta Lelonek-Kuleta

Despite the abandonment of the criterion of committing illegal acts in the diagnosis of pathological gambling in fifth edition of Diagnostic and Statistical Manual of Mental Disorders (DSM-V), research confirms the significant link between crime, gambling, and gambling addiction. In Poland, this connection is observed by psychologists working in the prison service, who simultaneously report the need for more structured interactions that would solve gambling problems among prisoners. The lack of any data on the involvement of persons committing crimes in gambling in Poland formed the basis for the implementation of a survey of gambling behaviour and gambling problems among male offenders in Polish correctional institutions. A total of 1,219 sentenced men took part in the study. The research tool included 75 questions, including queries from the South Oaks Gambling Screen (SOGS). Based on SOGS, the prevalence rate of severe problem gambling was 29.4% over the lifetimes of the prisoners. As many as 13.1% of respondents admitted to having gambled in prison. This activity usually involved cards, bets or dice. More than 74% of incarcerated men who gambled in prison met the criteria for pathological gambling. Prisoners who gambled more in prison than at liberty made up 27.7%. As many as 69.3% of respondents declared that while in prison, they had met fellow convicts experiencing problems because of gambling. The study shows that criminals continue gambling after detention, especially those who are problem gamblers, an overall finding which implies the need to implement preventive and therapeutic interventions in correctional institutions. 

Lublin, Poland, Journal of Gambling Issues Volume 44. 2020, 18pg

By Harry Annison, Lol Burke, Nicola Carr, Matthew Millings, Gwen Robinson, Eleanor Surridge

This paper provides insights into the predominant styles of political reasoning in England and Wales that inform penal policy reform. It does so in relation to a particular development that constitutes a dramatic, perhaps even unique, wholesale reversal of a previously introduced market-based criminal justice delivery model. This is the ‘unification’ of probation services in England and Wales, which unwound the consequential privatization reforms introduced less than a decade earlier. This paper draws on in-depth interviews with senior policy makers to present a narrative reconstruction of the unification of probation services in England and Wales. Analogies with desistance literature are drawn upon in order to encapsulate the tensions posed for policy makers as they sought to enact this penal policy reform.

United Kingdom, British Journal of Criminology. Oct 2023, 18pg

By The Philadelphia District Attorney's Office

  Under District Attorney Larry Krasner, the Philadelphia District Attorney’s Office (DAO) has moved to end mass supervision. It has primarily done so through two policies, both aimed at reducing the amount of time people spend on county and state probation and parole. The first policy was announced in February 2018, the second in March 2019. • The policies were guided by public safety considerations and research showing that long community supervision sentences are ineffective and harmful. The policies apply to all situations except two categories of cases (sexual assault and potential felonies reduced to misdemeanors for non-trial resolutions) that allow discretion to seek longer supervision in appropriate cases. • Overall, supervision lengths decreased markedly after the DAO policies were implemented: median community supervision sentence lengths decreased 25% for sentences reached through negotiated guilty pleas. • Under District Attorney Krasner, the average community supervision sentence reached through negotiated guilty plea is almost 10 months shorter than under previous DAs. • Since 2018, the number of people on county community supervision has dropped from 42,000 to fewer than 28,000. • 42% fewer years of community supervision were imposed in the first two years of the Krasner administration than in the two years prior, accounting for all DAO policies and practices since 2018, as well as changing incident and arrest patterns. We estimate that the effects of the DAO Sentencing Policies will lead to 20% fewer newly sentenced people remaining on community supervision sentences five years after reforms than if the policies hadn’t been implemented. • Community supervision lengths were dramatically reduced under the policies without a measurable change in recidivism (being charged with a new criminal offense). • These anti-racist policies reduced disparities in supervision sentence lengths between Black, Latinx, and white defendants, though sentencing disparities still exist. • The vast majority of recent pleas have been compliant with the new DAO sentencing standards: 3 of 4 negotiated guilty pleas fall within the 2019 policy’s guidelines.  

Philadelphia, United States, District Attorneys Office. 2021, 42pg

By Ihar Paulau

The large growth of the United States’ criminal legal system in the late 20th century brought a widening racial gap in incarceration.1 By the year 2000, Black people made up almost half of the state prison population but only about 13% of the U.S.2 population. And although a wave of changes to sentencing and corrections policies over the past two decades has helped lessen disparities in federal and state prisons, Black adults still were imprisoned in 2020 at five times the rate for White adults.3

Far less is known, however, about racial and ethnic disparities in the country’s approximately 3,000 local jails.4 Bureau of Justice Statistics (BJS) reports show that the gap in the rate of jail incarceration between Black and White people dropped by 22% between 2011 and 2021.5 However, these reports contain no race or ethnicity data on critical topics such as admissions or lengths of stay and little or no information about the severity or types of criminal charges for people in jail either in the aggregate or broken down by race, age, or other demographics.

The lack of detailed and timely data on who is in jail, for how long, and why led The Pew Charitable Trusts to partner with the Jail Data Initiative (JDI), an up-to-date source of data from approximately 1,300 of the nation’s nearly 3,000 jails created by the New York University Public Safety Lab, and the Data Collaborative for Justice (DCJ) at John Jay College, which conducts research to help local-level criminal justice decision-makers identify areas for reform.6 Although JDI is not necessarily nationally representative, it is the only publicly available source of near real-time data featuring a substantial sample of jails throughout the country. Additionally, DCJ collected and analyzed in-depth demographic and offense data for different racial and ethnic groups across jails in three counties—Durham, North Carolina; Louisville-Jefferson County, Kentucky; and St. Louis, Missouri—some of which is unavailable in the JDI database.7

Using the data from JDI, Pew researchers examined race in recent jail populations, admissions, and lengths of stay. Of the JDI data set, 595 jails had data for 2022, and within those facilities, Black people made up, on average, 12% of the local community populations but more than double that, 26%, of the jail populations. Additionally, although the jail population decreased nationally during the early months of COVID-19 in 2020, the previous 10-year trend of declining racial disparities in jails may have reversed as the pandemic progressed. Between March 2020 and December 2022, the average number of White people in jail increased by less than 1% compared with an increase of 8% for Black people in 349 jails from the JDI database that had complete data for that period.

Two factors, how many people go to jail and how long they stay, determine jail populations.8 As of 2022, Black people were admitted to jail at more than four times the rate of White people and stayed in jail for 12 more days on average across the 595-jail sample, contributing to the larger increase in population observed for Black individuals.

The findings from the three counties in the DCJ study reflect similar admissions and length of stay disparities broadly and across several metrics:

• In 2019, in all three counties Black people were admitted to jail at a rate at least double—and up to six times—that of White or Hispanic people and spent up to 12 days longer in jail than White people.

• Black people were admitted to jail at a higher rate than other groups for both misdemeanors and felonies in all three counties and typically spent the most time in jail for felonies.

• Racial disparities in admissions to jail and length of stay were largest among younger adults.

• Black men and Black women both had considerably higher admission rates than their White or Hispanic counterparts, but the length-of-stay gap was greater among men than women.

Although the findings in this brief are specific to the jails studied, they nevertheless demonstrate that significant disparities exist in many facilities. However, because jails are local and people are sent to jail for many reasons, identifying and understanding persistent racial and ethnic gaps nationally and at the local level will require further data collection and analysis, as well as collaboration across multiple jurisdictions and data systems. Individual localities may find that the disparities in their jail populations and the factors that influence those gaps are different and will require tailored solutions.

United States, A brief from Pew. 2023, 19pg

By Kelly Roberts Freeman, Cathy Hu, and Jesse Jannetta 

Racial and ethnic disparity is a pervasive characteristic of the American criminal justice system. This starts at the beginning of the justice process with substantial racial disparities in arrest.1 Once arrested, people of color face disparities in pretrial bail decisions (Schlesinger 2005) through disposition and sentencing, where they are imprisoned at 5.9 times the rate of their white counterparts (Carson 2018). Disparate outcomes by race continue to emerge at decision points that are even later in the justice process, such as in determining prison release on parole (Huebner and Bynum 2008). Many of these disparities arise from discretionary decisions and sentencing policies that disadvantage people of color. Disparities are also rooted in a history of structural racism and inequities that continue today, contribute to the overrepresentation of people of color in the justice system, and require action across multiple policy domains to address (Kijakazi et al. 2019). 

USA, Urban Institute. March 2021, 14pg