By Brian Johnson, Kiminori Nakamura, Lydia Becker, Raquel Hernandez

Firearms violence is a major policy concern in America. How criminal courts address firearm crimes represents a critical opportunity for improving public safety. The overwhelming majority of criminal cases are settled by guilty plea, yet little is known about the ways that plea deals impact criminal punishment for firearms-involved offenders, or how they shape subsequent recidivism. This project investigates the association between plea bargaining, sentencing, and recidivism outcomes in state-wide sample of firearms-involved offenders. It provides a descriptive overview of case characteristics and outcomes in firearms cases, examines the scope and impact of plea bargaining for these offenses, and considers how plea discounts potentially impact future reoffending. Findings indicate that plea negotiations are common in firearms-related offenses – a majority of cases involve multiple filed charges but a single conviction charge, and more than half of all cases include a reduction in the severity of the top charge between filing and conviction. The mean distance traveled, or average magnitude of plea discounts, results in a significant reduction in the likelihood of incarceration and expected sentence lengths. Results also reveal significant relationships between plea discounts and recidivism. Defendants who are convicted and sentenced to longer incarceration terms have lower odds of coming back into the system for a new offense, whereas those who receive charge reductions and are given larger plea discounts are more likely to recidivate during our study period. Because average sentences in firearms cases are substantial, and because our follow-up period is limited, these results likely reflect the short-term incapacitation effects of lengthier incarceration terms. Overall, the current study suggests there may be significant public safety implications of plea discounts in firearms cases, though future research is needed before strong policy recommendations can be offered.

College Park, MD: University of Maryland, 2024. 88p.

By R. D. Mackay

Mental condition defences have been used in several high-profile and controversial criminal trials in recent years. indeed, mental abnormality is increasingly an important yet complex source of defence within the criminal trial process. The author offers a detailed critical analysis of those defences within the Criminal Law where the accused relies on some form of mental abnormality as a source of defence. Topics covered include: the defences of automatism, insanity, diminished responsibility, and infanticide; self-induced incapacity; and the doctrine of fault. It also includes a chapter on unfitness to plead, which although not a defence has been included because of its important relationship to mental disorder within the criminal process. Drawing upon a wide variety of legal, psychiatric, and philosophical sources, this is a timely contribution to a controversial and complex topic.

Oxford, UK; New York: Oxford University Press, 1996p. 278p.

By Sara Bastomski, Matt Herman, Alison Martin and Sara Friedman

Between April 2021 and February 2022, The Council of State Governments (CSG) Justice Center conducted an analysis of racial equity across Montana’s criminal justice system in partnership with Montana judicial branch stakeholders. This work identified decision-making points in Montana’s criminal justice system in which there are disparities between American Indian and White people. Key findings include American Indian people are more likely to be incarcerated for felony criminal endangerment and public order offenses relative to comparable White people; American Indian people are incarcerated for longer than similarly situated White people; and American Indian people are more likely to be revoked from probation, conditional release, and parole than comparable White people. Based on these findings, the CSG Justice Center proposed five recommendations to improve racial equity in Montana’s criminal justice system.

New York: Council of State Governments (CSG) Justice Center, 2022. 49p.

By Charity Organization Society of the City.

Six Years' Work of the Committee on Criminal Courts of the Charity Organization Society of the City of New York, 1911-1917: A story of its work for the clean, intelligent and kindly administration of our Inferior Criminal Courts.

Harrow and Heston Classic Reprint. (1918) 58 pages.

Edited By Jessica Jacobson And Penny Cooper.

Concepts, Realities and Aspirations. Foreword by the Rt Hon Sir Ernest Ryder : “The authors’ central thesis is that people should be able to participate effectively in the court and tribunal proceedings that directly concern them….The study shows that practitioners do, by and large, make sincere efforts to help lay users participate in proceedings; yet many barriers to participation remain which can leave users marginalised in hearings. It is the responsibility of all those who work in courts and tribunals to understand these barriers and take steps to help users overcome them – this study provides insight and practical suggestions. “

Bristol University Press (2020) 198p.