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Posts tagged criminal justice system
Justice on Trial

By Arthur Train (Author) and Graeme Newman (Editor and Introduction)

Arthur Train was not merely a novelist of crime and courtroom intrigue—he was an Assistant District Attorney in New York County who understood the hidden machinery of American justice from the inside. In Justice on Trial, two of his most compelling works—Prisoner at the Bar and McCallister’s Double—are brought together in a powerful new edition edited and introduced by Graeme R. Newman.

Part legal exposé, part philosophical inquiry, part classic crime fiction, this volume explores questions that remain disturbingly relevant today: How is guilt really determined? Do courts discover truth—or construct it? Why are prisons hidden from public view? Do criminals receive justice, or merely punishment? And what of the victims left behind by the machinery of law?

In Prisoner at the Bar, Train offers a rare insider’s account of the criminal justice system of early twentieth-century America. Drawing upon his own prosecutorial experience, he exposes the realities behind arrests, grand juries, trials, sentencing, police practices, courtroom performance, and the uneasy relationship between law and morality. The result is one of the earliest and most penetrating critiques of modern criminal justice ever written.

Complementing this work is McCallister’s Double, a brilliant collection of courtroom and criminal tales filled with deception, mistaken identity, legal maneuvering, and moral ambiguity. These stories reveal Train’s remarkable ability to combine suspense with sharp observations about the fictions upon which justice itself often depends.

Graeme R. Newman’s extensive new introduction places Train’s work within the larger history of crime, punishment, and legal power, comparing the courts and prisons of Train’s era with those of the twenty-first century. The introduction examines the secrecy of prisons, the hidden social functions of trials, the mythology of “justice,” and the enduring question of whether criminal justice systems truly deliver fairness—or merely preserve authority.

Blending classic legal writing, detective fiction, social criticism, and courtroom drama, Justice on Trial is both a fascinating historical document and a strikingly modern meditation on crime, punishment, truth, and power.

For readers of true crime, legal history, courtroom drama, criminology, and classic detective fiction, this volume offers a rare and unsettling look behind the curtain of justice itself.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2026. p.362.

The Kid And The Camel: Stories Of The Court And Criminality

By Arthur Train (Author) and Graeme Newman (Editor and Introduction)

Before modern courtroom thrillers and television crime dramas, Arthur Train was bringing readers inside the strange, unpredictable, and deeply human world of criminal law. The Kid and the Camel: Stories of the Court and Criminality collects some of Train’s most memorable tales from the New York courts, blending legal realism, sharp humor, and penetrating social observation.

At the center of the volume is the celebrated story “The Kid and the Camel,” a bizarre and unforgettable courtroom case involving immigrants, conflicting testimony, cultural misunderstanding, and a camel hidden in a city attic. Around it unfolds a wider panorama of criminal justice in early twentieth-century America: ambitious lawyers, eccentric witnesses, cunning swindlers, ethical dilemmas, jury manipulation, and the uncertain search for truth inside crowded urban courtrooms.

This collection also features the famous Tutt & Tutt stories, introducing one of American fiction’s earliest and most sophisticated lawyer-heroes. Through the clever, theatrical, and psychologically astute attorney Ephraim Tutt, Train explores the law not merely as a system of rules, but as a human drama shaped by persuasion, ambiguity, and competing notions of justice.

Far more than period entertainment, these stories remain strikingly relevant today. Issues of immigration, courtroom spectacle, prosecutorial strategy, media influence, unequal justice, and the power of lawyers continue to dominate modern criminal justice systems. Train’s fiction reveals how little the essential tensions of law and society have changed.

Edited and introduced by Graeme Newman, this new Read-Me.Org edition restores an important classic of American legal literature for contemporary readers interested in true crime, courtroom drama, criminology, legal history, and the enduring complexities of justice itself.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2026. p.367.

The Lost Stradivarius: And Other True Crime Classics

By Arthur Train (Author) and Graeme Newman (Editor and Introduction)

tep into the shadowed world of early twentieth‑century justice, where truth is elusive, appearances deceive, and a single misjudgment can alter lives forever. The Lost Stradivarius and Other True Crime Classics by Arthur Train brings together some of the most compelling real cases ever drawn from the files of a New York prosecutor. Written with the authority of firsthand experience and the narrative power of a master storyteller, these accounts reveal the drama, tension, and human complexity behind headline crimes. At the heart of the collection is The Lost Stradivarius, a haunting tale of a priceless violin whose disappearance sets in motion a troubling chain of suspicion, error, and unintended injustice. Around it unfold other striking cases—of ingenious frauds, daring deceptions, and courtroom battles in which certainty proves fragile and truth stubbornly resists easy conclusions. Throughout, Train explores not only crime itself, but the deeper forces of character, ambition, and fallibility that shape the pursuit of justice. This new edition features a fresh introduction by Graeme R. Newman, placing these enduring stories in modern perspective and highlighting their continuing relevance. Timeless, unsettling, and richly human, this collection reminds us that truth is often stranger—and far more unsettling—than fiction.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2026. p.187..

Confessions of a Prosecutor

By Arthur Train (Author) and Graeme Newman (Editor and Introduction)

Step inside the courtroom—and beyond it—through the eyes of a man who knew both the practice of law and the art of storytelling.

Arthur Train, a former New York prosecutor and celebrated author, offers a vivid and deeply reflective account of life in the criminal courts. Drawing on real cases, personal experience, and keen psychological insight, Confessions of a Prosecutor reveals the drama, uncertainty, and moral complexity behind the pursuit of justice. These are not merely stories of trials—they are portraits of human nature under pressure, where truth, perception, and judgment are rarely simple.

More than a legal memoir, this book is a masterclass in understanding how justice is truly administered. Train exposes the hidden tensions of courtroom life: unreliable witnesses, circumstantial evidence, the burden of decision, and the immense responsibility borne by those who prosecute in the name of society. His reflections remain strikingly relevant today, offering timeless lessons on fairness, doubt, and the ethical challenges of wielding authority.

What makes this work especially compelling is Train’s dual perspective as both practitioner and writer. With the skill of a seasoned storyteller, he shapes real events into engaging narratives—blending fact and interpretation to illuminate the deeper truths behind the law. The result is a work that is as absorbing as it is instructive, where the boundary between reality and narrative art invites thoughtful reflection.

In its later chapters, Train turns to another side of his life: the craft of writing and the realities of building a career beyond the courtroom. He offers a fascinating glimpse into the world of early twentieth-century publishing—writing for popular magazines, reaching a wide audience, and transforming professional experience into stories that endure. His journey underscores the discipline, adaptability, and persistence required to succeed as an author.

Confessions of a Prosecutor is an essential read for anyone interested in law, justice, and the power of storytelling. It is a book for lawyers and readers alike—for those who seek to understand not only how the law works, but how it feels to live within it.

Experience the courtroom as it truly is: human, uncertain, and endlessly compelling.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2026. p.381.

A Popular Account Of Criminal Justice

By Arthur Train (Author) and Graeme Newman (Editor and Introduction)

Before true crime became entertainment and courtroom drama became television spectacle, Arthur Train took readers directly inside the machinery of American criminal justice. Drawing on his experience in the New York District Attorney’s Office, Train produced one of the first and most compelling insider accounts of how criminal law actually worked—from arrest and indictment to jury trial, sentencing, and the uneasy pursuit of justice itself.

In A Popular Account of Criminal Justice from the District Attorney’s Office, Train strips away the myths surrounding crime and punishment to reveal a system shaped as much by human judgment, politics, error, and improvisation as by law. Murder cases, frauds, police practices, courtroom tactics, unreliable witnesses, legal absurdities, and the psychology of criminals all come under his sharp and often surprisingly modern scrutiny.

Far ahead of his time, Train questions whether criminal law truly reflects morality, whether prisons reform offenders, and whether society punishes the most dangerous forms of wrongdoing at all. His observations on violent crime, corruption, prosecutorial discretion, media sensationalism, and unequal justice remain startlingly relevant in the twenty-first century.

This new edition, edited and introduced by Graeme R. Newman, situates Train’s classic work within today’s debates over mass incarceration, overcriminalization, white-collar crime, police power, and the continuing struggle to balance public safety with individual rights. More than a historical curiosity, this book is a penetrating exploration of the enduring contradictions of criminal justice—then and now.

Combining legal history, criminology, courtroom drama, and social criticism, A Popular Account of Criminal Justice will appeal to readers interested in true crime, law, policing, criminology, criminal procedure, and the evolution of modern justice systems.

Read-Me.Org Inc. New York-Philadelphia-Australia. 2026. p.334.

Process as Intergenerational Punishment

By Kay L. Levine and Volkan Topalli

In The Process is the Punishment, Malcolm Feeley exposed the lower criminal court as a powerful institution in American life, an important counterpart to both the more glamorous federal courts and the more highly charged superior courts that preside over serious crimes within a jurisdiction. Although it typically handles only low-level criminal charges, the lower criminal court’s reach is both broad and deep; in its functioning and process it has the capacity to change the lives of many who come before it – sometimes for the better, sometimes for the worse – irrespective of guilt or innocence, conviction or dismissal.

Cambridge University Press, on 22 Oct 2020, 17p.

Threat of Deepfakes to the Criminal Justice System: A Systematic Review

 By Maria‑Paz Sandoval , Maria de Almeida Vau , John Solaas and Luano Rodrigues

This systematic review explores the impact of deepfakes on the criminal justice system. Deepfakes, a sophisticated form of AI-generated synthetic media, have raised concerns due to their potential to compromise the integrity of evidence and judicial processes. The review aims to assess the extent of this threat, guided by a research question: (1) What threats do deepfakes pose to the criminal justice system?The review was conducted using databases such as Web of Science, ProQuest, Scopus, and Google Scholar, focusing on publications from 2021 to 2022. Search terms were optimised for sensitivity and specificity, and articles were chosen based on criteria including relevance to deepfake threats and deepfake detection research. The meth‑ odology included rigorous screening processes using tools like Zotero and Rayyan.ai, with an emphasis on inter-rater reliability to ensure objective selection of studies. Results The search initially identified 1355 articles, with 1200 articles screened for eligibility after duplicates were removed. For the threat of deepfakes to the criminal justice system, 110 studies were selected for full-text review, and 44 were included in the final analysis. Key fndings include identification of primary crime categories linked to deepfakes, such as pornography, fraud, and information manipulation, alongside challenges like trust erosion in institutions and evidence falsification issues. Conclusions Deepfakes significantly threaten the criminal justice system, highlighting the necessity for advanced detection methods. These fndings underscore the importance of continued research and development in deep‑ fake detection technologies and strategies for legal safeguards and broader implications on policy, national security, and democratic processes.

Crime Science, (2024) 13:41

Treatment of rape victims

By Gillian C. Mezey

Sexual offences account for just under 1% of all to other life-threatening traumas. There is some notifiable offences and have been increasing over evidence that rape is more pathogenic than any the past decade (Home Office,1993).However, the other form of violent crime (Kilpatrick et al, 1987). The term 'rape trauma syndrome' was first used official statistics on rape prevalence grossly underestimate the extent of the problem; many cases of non-consensual intercourse are not in the 1970s to describe a range of psychological, cognitive, emotional and behavioural responses to reported or prosecuted; about one-third of victims.

Advances in Psychiatric Treatment (1997), vol. 3, pp. 197-203

Times Crime and Justice Commission: A report into the state of the criminal justice system

By The Times of London

final report. Its 10 recommendations for change include a universal digital ID system, the roll out of live facial recognition, a licence to practise for the police, victim care hubs, restriction of social media for under 16s and raising the minimum age of criminal responsibility to 14.

London: Time of London, 3035. 57p

Assembly-Line Public Defense

By David Abrams and Priyanka Goonetilleke

Each year, millions of Americans rely on public defenders to fulfill their Sixth Amendment right to counsel. Despite being the linchpin of the criminal justice system, public defense remains both underfunded and understudied. This article provides empirical analysis to contribute to a critical question: How should public defender systems be structured?

Criminal justice advocates, scholars, and the American Bar Association strongly favor vertical representation in public defense. Under this model, a single public defender represents a defendant throughout their case, from initial appearance through sentencing. The alternative approach—horizontal representation—operates like an assembly line: Different attorneys handle each stage of a case, from preliminary hearings to pretrial conferences to trials. The preference for vertical representation stems from the intuitive belief that continuity of representation improves outcomes for defendants. However, no prior empirical work has tested this assumption.

Using a natural experiment created by the Defender Association of Philadelphia’s transition from a fully horizontal representation system to a partially vertical one, we find no evidence that increasing attorney continuity improves defendant outcomes.

These findings have significant implications for how public defender offices should allocate their scarce resources. While vertical representation is considered by many as the ideal, our results cast doubt on whether the additional resources and logistical challenges relative to horizontal representation are justified given the current reality of underfunded public defense. As jurisdictions nationwide grapple with a chronic lack of resources for public defense, this article provides crucial empirical evidence to inform decisions about how best to uphold defendants’ Sixth Amendment right to counsel.

.100 New York University Law Review No. 5 (forthcoming), Northwestern Law & Econ Research Paper No. 25-05, Northwestern Public Law Research Paper No. 25-22, U of Penn, Inst for Law & Econ Research Paper No. 25-10,

Co‐production in the criminal justice system: Introducing the DEVICES principles

By Gemma Morgan, Debbie Jones, Charlotte Walker, Gayle Prideaux, Emma Jones

While the concept of co-production is becoming embedded in mental health and social care, the criminal justice system (CJS) has been slower in embracing this approach. In this article, we draw on the findings of a process evaluation of the Include UK Hub – a co-produced service for people with offending histories in Swansea, UK and, in doing so, introduce the DEVICES principles of co-production. The DEVICES is derived from the empirical evaluation data and includes the following principles – Development, Empathy, Voices, Individual, Change, Empowerment, and Spaces. These principles will appeal globally to practitioners and policymakers looking to meaningfully utilise co-production to develop services and support for people in the criminal justice system.

The Howard Journal of Crime and Justice, 64, 162–180. 2025.

Locked Up and Awaiting Trial: A Natural Experiment Testing the Criminogenic and Punitive Effects of Spending a Week or More in Pretrial Detention 

By Matthew DeMichele,  Ian Silver,  Ryan Labrecque

This study provides a rigorous assessment of the public safety outcomes of pretrial detention by estimating the criminogenic and punitive effects of spending at least one week in pretrial detention across three jail systems in two states. Jails are a unique criminal justice contact point because they hold individuals at different stages of case processing, including individuals awaiting trial, and those serving shorter sentences or waiting to be transferred to prison. Pretrial incarceration is arguably one of the most consequential decisions in case processing for an individual. A small body of research has emerged to show that pretrial detention is both criminogenic (i.e., leads to higher arrest rates) and punitive (i.e., leads to higher conviction rates). In this paper, we use a doubly robust difference-in-differences design to assess the relationship between pretrial detention with court appearances, new arrests prior to adjudication, and convictions for the instant offense. The findings of this research study provide strong evidence that pretrial detention leads to increased likelihood that individuals will miss court and be arrested for new crimes

Unpublished paper, 2023, 57p.

Fragile Algorithms and Fallible Decision-Makers: Lessons from the Justice System

by Jens Ludwig and Sendhil Mullainathan

Algorithms (in some form) are already widely used in the criminal justice system. We draw lessons from this experience for what is to come for the rest of society as machine learning diffuses. We find economists and other social scientists have a key role to play in shaping the impact of algorithms, in part through improving the tools used to build them.

JOURNAL OF ECONOMIC PERSPECTIVES VOL. 35, NO. 4, FALL 2021, 26p.

Independent Sentencing Review: History and Trends in Sentencing

Chairman, Rt. Hon. David Gauke

This review of sentencing is tasked with a comprehensive re-evaluation of the sentencing framework in England and Wales, to ensure we are never again in a position where the country has more prisoners than prison places. This report – Part 1 of the Independent Sentencing Review’s conclusions – outlines the prison population challenge in figures, provides an explanation of why and how we got here, and advocates for an approach rooted in all statutory principles of sentencing and public service reform. Chapter one of this report examines trends in custody and the capacity pressures faced by HM Prison and Probation Service (HMPPS), which have brought the system dangerously close to collapse. At the end of 2024, over 85,000 individuals were held in the adult prison estate; these numbers undeniably exceed the population the system is designed to accommodate. The total prison population has grown by over 40,000 people since 1993, with adults sentenced for indictable offences now serving longer sentences. England and Wales also have one of the highest prison population rates in Western Europe. The probation service is similarly stretched: by September 2024, 240,497 individuals were under probation supervision, over 100,000 more than in 1993. Prison demand is expected to grow by an average of 3,000 people a year– the equivalent of building two large prisons per year. Without further government action, the prison population could reach up to 112,300 prisoners by November 2032.8 Chapter two summarises the drivers behind the increase in the use and length of custody. It concludes that the increase in the prison and probation population is not the consequence of a considered strategy as the most effective measure to reduce crime. Nor can it be explained by rising crime levels. In fact, latest estimates from the Crime Survey for England and Wales (CSEW) showed there has been an overall general decline in incidents of headline crime since 2017. The increase has been the result of many decisions made by successive governments and a “tough on crime” narrative that has focused primarily on punishment – understood as incarceration and longer sentences – on occasion responding to embedded misunderstandings about sentencing and high-profile individual cases. In tandem, there has been an underinvestment in probation and other alternatives that can provide rehabilitation and reduce reoffending. Chapter three outlines the need for change, and advocates for a system rooted in all the current statutory principles of sentencing. The emphasis on longer-term imprisonment has placed significant strain on the system, forcing successive governments to adopt costly and high-risk emergency measures. These have attempted to both increase short-term capacity (often in ways which are expensive and risky) and reduce demand by expediting the release of prisoners, such as the measures we saw in the autumn of 2024 when prisoners were released 40 per cent (as opposed to 50 per cent) of the way through their sentence. This incoherent approach also comes at a fiscal cost: new prison programmes are estimated to cost between £9.4 billion and £10.1 billion.10 The piecemeal and unstrategic manner in which sentence lengths have increased in recent decades has meant that there has been insufficient consideration of all of the statutory aims of sentencing: punishment, crime reduction, reform and rehabilitation, public protection and reparation. Punishment is an important aim for the criminal justice system and prison plays a vital role in delivering punishment. But too often decision making has been based on an approach that punishment is all that matters, and that the only form of punishment that counts is imprisonment.

Rather than approach sentencing policy based on the evidence of what is likely to be most effective in reducing crime and reducing reoffending, too often the knee-jerk response has been to increase sentence lengths as a demonstration of government action.

London: Miniarey od Juarixw2025. 65p.

Criminal Justice System Responses to Black Victimization in Vermont

By Robin Joy

From 2015-2019 Black people in Vermont were more likely to experience violent crime than White people in Vermont. This paper explores the circumstances and the criminal justice system response to violent crime against Black individuals. To do so, we use two data sources: the National Incident Based Reporting System (NIBRS) and the Vermont Court Adjudication Database maintained by the Crime Research Group (CRG). This paper focuses on the experience of Black victims1 and mentions White victims only when there is a divergence in patterns or responses that highlight specific policy needs to reduce Black victimization. For example, efforts to reduce violence against women will have lesser impact on Black victimization. This is because Black men make up the majority of Black victims of violence. White women make up the majority of victims of White victims of violence. This will be discussed more fully below. It is mentioned here to frame the readers’ attention as to when White victimization is referenced and when focusing policy discussions on Black experiences will benefit all Vermonters.   

Montpelier: Crime Research Group, 2022/ 12p.

Trapped in the Turnstile: Understanding the Impacts of the Criminal Justice System on Gypsy, Roma and Traveller Young Adults and their Families 

By Sam Worrall  

  Gypsy, Roma and Traveller communities face additional barriers throughout the criminal justice system (CJS); inequalities in mental health and diagnosed conditions, lack of appropriate educational opportunities and no knowledge of systems, among other factors. This report is designed to offer insight into the experiences of Gypsy, Roma and Traveller communities relating to all stages of the criminal justice system, to help improve knowledge and understanding of how to approach policy and practice for people from these communities. The report draws on primary data collection from surveys, focus groups, and individual interviews. The insight and voices of members of Gypsy, Roma and Traveller communities provide the key evidence for policy makers, service providers and commissioners working across the criminal justice system, to ensure that the guidance authentically reflects experiences and needs. We found: • Alternatives to custody were not considered for the majority of cases related to Gypsy, Roma and Traveller individuals. • Lack of support throughout the custodial journey for Gypsy, Roma and Traveller people and their families. • Lack of accessible and culturally appropriate support provided for mental health needs. • Prison and probation/parole staff did not have the cultural competency required to work with Gypsy, Roma and Traveller individuals. • Lack of resources and staff capacity for delivering equalities requirements for Gypsy, Roma and Traveller prisoners. • Prisoners did not have easy access to culturally appropriate education and/or practical courses and workshops to support them in prison. • Lack of consistency across the prison estate for regular Gypsy, Roma and Traveller forums or meet ups. • Lack of awareness and information about Gypsy, Roma and Traveller communities and significant calendar events around prisons. • Lack of consistency across the prison estate, in managing Gypsy, Roma and Traveller prisoner needs. The Ministry of Justice must prioritise its Gypsy, Roma, Traveller Strategy to ensure a level playing field across prisons.

Recommendations • Offer effective alternatives to remand for Gypsy, Roma and Traveller offenders. Instead of holding an individual on remand, the prison system should offer programmes to support diversion, improve mental health, and offer meaningful community service. • Provide effective signposting for individuals at every stage of the criminal justice pathway. From the point of being accused of a crime, through custodial sentence and including post-custody (after prison). Ensure individuals are put in contact with Gypsy, Roma and Traveller-friendly legal support and other organisations who offer support throughout the CJS. Ensure police stations and courts are signposting to trusted organisations. • Offer programmes of support to Gypsy, Roma and Traveller prisoners to support future diversion, and improve mental health. • Ensure individuals receive mental health support at all stages. Develop a consistent model across the criminal justice system, especially in the prison estate, such as pastoral support, and/or a programme of community mentor listeners. Remove barriers that prevent individuals from accessing this support by, for example, allowing pastoral care to be available to those on basic mental health support. • Co-produce accessible resources such as videos for young Gypsy, Roma and Traveller people and their families. • Develop cultural competency training for staff including probation/parole staff across CJS. Explore co-produced options such as Q&A sessions with community members and display boards raising awareness. • Provide specific resources for Gypsy, Roma and Traveller communities to be available in forums and libraries. • Ensure funding is targeted to increase Equalities teams and ensure those in post are committed to equality across all communities. • Provide culturally appropriate education and additional practical courses for Gypsy, Roma and Traveller prisoners. Offer educational workshops and programmes such as those run by the Shannon Trust, ensuring extra support is in place to encourage young people to enrol. • Hold regular Gypsy, Roma and Traveller forums in prison. Celebrate key community events, create safe spaces, and encourage prisoner interaction and other activities. Raise awareness of the communities to non-community prisoners and prison staff. Co-produce the events programme with community prisoners. • Include regular evaluation and monitoring of all of the above as part of the delivery of the Gypsy, Roma and Traveller strategy for the criminal justice system 

Brighton, East Sussex, UK: Friends, Families and Travellers (FFT), 2025. 57p.

Paying for the Right to Counsel: National Survey Findings on the Practice of Charging Public Defense Fees to Clients

By Jennifer A. Tallon, Sruthi Naraharisetti, Viet Nguyen, Lisa Bailey Vavonese, and Michael Mrozinski

Recognizing the “obvious truth” that defendants cannot be assured a fair trial without representation, the Supreme Court has held that the right to counsel guaranteed by the Sixth Amendment requires states to provide a lawyer if a defendant cannot afford one. However, in 42 states and the District of Columbia, individuals experiencing poverty are charged a fee for invoking their Sixth Amendment right to counsel (hereafter referred to as “defender fees”). While defender fees are a marginal contributor to legal system fines and fees imposed on individuals, these fees are unique amongst the larger universe of fines and fees insofar as they essentially impose a fee for a Constitutional guarantee. Although there is a growing body of research on the use and impact of legal system fines and fees broadly defined, specific attention to defender fees remains underexplored within this literature. Policymakers and practitioners can help to ensure quality representation through an evidence-based approach to the problems and potential solutions associated with defender fees. To fill this research gap and start building the necessary evidence base, the Center for Justice Innovation (Center) partnered with the National Legal Aid & Defender Association (NLADA) to conduct two national surveys to document the uses and perceptions of defender fees among (1) public defense attorneys and (2) public defense and court leadership. What follows is a summary of those findings and a discussion of potential policy and practice considerations. Findings suggest that public defense attorneys are receptive to exploring policy and practice solutions to mitigate the impact of defender fees. • Most public defense attorneys surveyed for this study opposed the use of defender fees, the most common reason being the collateral consequences experienced by clients. Public defense leaders who responded to our survey5 were more supportive, seeing the benefit of fees in offsetting the costs of the public defense system. • Contrary to prior research, few attorneys in our study reported defender fees negatively impacting the attorney-client relationship. Still, some had witnessed clients waive their right to counsel because they could not pay an upfront defender fee. • We also asked attorneys to describe how statutes on defender fees apply in practice, and there was considerable variability, suggesting the need for greater standardization in terms of equipping attorneys with the skills to advocate against the fees and for judges to consistently apply procedural safeguards like ability to pay determinations. • Finally, a secondary survey of public defense and court leaders illustrated jurisdictions’ difficulties tracking data, specifically estimating outstanding debt or the revenue associated with defender fees.

New York: New York Center for Justice Innovation, 2025. 25p.

Exclusionary Discipline and Later Justice System Involvement

By Washington State Statistical Analysis Center

This project seeks to discover whether exclusionary discipline and later criminal justice system involvement are associated, and to determine whether race, sex, and homelessness are confounding factors. The Washington Statistical Analysis Center (SAC) applied for and received the 2018 State Justice Statistics Grant from BJS. Among other projects, the SAC sought the grant to evaluate the connection between a student’s exclusionary discipline and their future justice system involvement in Washington. This evaluation connects data from schools and the courts to assess the strength of this relationship and examine the influence of other factors (such as race, sex, and homelessness). Here are some of the main takeaways from this report: • Students identified as male were more than two times as likely to be associated with postgraduate convictions as compared to their female counterpart. • Students with any homelessness were 1.7 times as likely to be associated with a post graduate conviction than student with no record of homelessness. • Students identified as American Indian or Alaskan Native were more than two times more likely to have a post-graduate conviction than students identified as other races • Students identified as Black/African American had at least one exclusionary discipline event (25.1%) at nearly twice the proportion of the cohort average (13.6%), with students identified as American Indian/Alaskan Native and Hispanic/Latino not far behind. • Results should be interpreted with caution. 

Olympia, WA: Washington STate Statistical Analysis Center, 2022. 11p.

Race, Ethnicity, Crime, & Justice

By Matthew B Robinson

The book provides a thorough summary of the relationships between race, ethnicity, crime, and justice practice and discusses the existence of disparities in criminal and juvenile justice practices and highlights the impact of race and ethnicity on the law, policing, courts, and corrections.It addresses the issue of institutionalized discrimination against different racial and ethnic groups in American institutions, including the criminal law and mainstream media.

Carolina Academic Press, 2021, 317 pages

The effect of judge-alone trials on criminal justice outcomes

By Jonathan Gu

AIM To estimate the association between judge-alone trials and the probability of acquittal, trial length, and sentence severity. METHOD We compared 5,064 jury and 805 judge-alone criminal trials finalised in the NSW District Court and Supreme Court between January 2011 and December 2019, excluding cases where the defendant entered a guilty plea to their principal offence or had a special verdict of “not guilty by reason of mental illness” (under s. 25 of the Mental Health (Forensic Provisions) Act 1990 (NSW)). Entropy balancing was used to match judge-alone cases with jury cases on available covariates. We then estimated the association between trial type (judge-alone vs jury) and four criminal justice outcomes, adjusting for relevant observable factors. The analysis was repeated for two subsets of offences: violent offences and offences with a higher likelihood of having prejudicial elements or complex evidence (prejudicial and complex offences). We also interviewed 12 legal practitioners, including District and Supreme Court judges, prosecutors, and defence lawyers, to identify factors motivating judge-alone applications that may be correlated with the outcomes of interest. RESULTS We estimated that compared to jury trials, judge-alone trials are associated on average with a statistically significant nine percentage point increase in the probability of acquittal and a shorter prison sentence by 7.6 months. Within prejudicial and complex offences, we found that judge-alone trials were associated with a statistically significant decrease in average trial days. Judge-alone trials were also associated with a statistically significant decrease in prison sentence length for the violent offences subgroup. Interviewees suggested that increased use of written submissions may influence both shorter trial length in judgealone matters and reduced prison sentences (i.e., via discounts from efficiencies resulting from pre-trial cooperation or time saved by submitting tendered evidence). Interviewees stated that judge-alone applications in NSW are mostly made in cases with prejudicial elements (e.g., evidence that cannot be separated from prior proven offending) or complex evidence (e.g., cases with substantial scientific or financial evidence). CONCLUSION Judge-alone trials are associated with an increased probability of acquittal, shorter trials, and a shorter prison sentence. However, we cannot determine whether these differences are driven by confounding factors (such as strength of the prosecution’s case) and/or causal factors.

Sydney: NSW Bureau of Crime Statistics and Research, 2024. 49p.