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Posts tagged public safety
The US Pretrial System: Balancing Individual Rights and Public Interests

by Will Dobbie and Crystal S. Yang

In this article, we review a growing empirical literature on the effectiveness and fairness of the US pretrial system and discuss its policy implications. Despite the importance of this stage of the criminal legal process, researchers have only recently begun to explore how the pretrial system balances individual rights and public interests. We describe the empirical challenges that have prevented progress in this area and how recent work has made use of new data sources and quasi-experimental approaches to credibly estimate both the individual harms (such as loss of employment or government assistance) and public benefits (such as preventing non-appearance at court and new crimes) of cash bail and pretrial detention. These new data and approaches show that the current pretrial system imposes substantial short- and long-term economic harms on detained defendants in terms of lost earnings and government assistance, while providing little in the way of decreased criminal activity for the public interest. Non-appearances at court do significantly decrease for detained defendants, but the magnitudes cannot justify the economic harms to individuals observed in the data. A second set of studies shows that that the costs of cash bail and pretrial detention are disproportionately borne by Black and Hispanic individuals, giving rise to large and unfair racial differences in cash bail and detention that cannot be explained by underlying differences in pretrial misconduct risk. We then turn to policy implications and describe areas of future work that would enable a deeper understanding of what drives these undesirable outcomes.

Journal of Economic Perspectives 35 (4): 49–70. 2021.

The Justice Reinvestment Initiative in Iowa: Aligning Public Safety and Supervision Practices

By Alison Martin and Greg Halls

In March 2020, the Iowa Department of Corrections (IDOC) faced overcrowding and urgent health concerns. To address these issues, IDOC and other criminal justice agencies implemented measures to reduce the prison population and expand community-based corrections (CBC). These efforts included limiting revocations, expanding administrative review processes, releasing low-risk individuals, and increasing the use of telehealth and technology for supervision and programming. As a result, the prison population decreased by 13 percent within 6 months, while the CBC population increased by nearly 17 percent. Despite this increase, the average monthly revocation rate decreased by almost 40 percent between March 2020 and March 2021. In 2021, Iowa state leaders requested support from the U.S. Department of Justice’s Office of Justice Programs’ Bureau of Justice Assistance and The Pew Charitable Trusts to assess the impact of these changes on public safety and CBC operations using a Justice Reinvestment Initiative approach. This brief summarizes the findings from that effort.

New York: The Council of State Governments Justice Center, 2024. 9p.

The Costs of Crime – And How to Reduce Them

By Roger Bootle, David Spencer, Ben Sweetman and James Vitali 

Securing the safety of the public is the foremost duty of government. But we are witnessing acute growth in a range of highly visible crimes. This is undermining the very legitimacy of the British state. • Police recorded shoplifting is up 51% relative to 2015 and is at its highest level in 20 years. Police recorded robberies and knife crime offences are up 64% and 89% respectively over the same period. Public order offences are up 192%. The cost of fraud in the benefits system has increased almost eightfold since 2006. • These areas of acute growth in criminal incidents are obscured by the aggregate downward trend in crime since 1995 reported by the Crime Survey of England and Wales. Although this is a reputable source, it excludes many types of serious crime. • Alongside rising crime rates, the criminal justice system is failing. Prisons have reached capacity, and thousands are being released early as a result. As of September 2024, there were 73,105 outstanding crown court cases, 31,000 of which have been outstanding for over 6 months, both numbers being the highest ever. The ratio of police personnel to the population is down 12% from 2010. • The proliferation of crime is an evil in and of itself. But it also significantly diminishes the prosperity of the British people. Crime has direct costs - the damage to, or loss of, property, the cost of insurance, medical bills, the cost of funding the criminal justice system etc. • But some of the greatest costs imposed by crime are indirect and hard-to-measure. They relate to the behavioural changes undertaken by individuals and businesses in response to the expectation of crime. • Order and the rule of law are necessary prerequisites for prosperity. They generate confidence that contracts will be upheld, property will not be stolen or damaged, and that individuals and businesses will enjoy the proceeds of their labour and industry, rather than being deprived of it by criminals. And the converse is true too; when the rule of law is breached with impunity, economic activity suffers. • In the context of increased crime, both businesses and individuals try to protect themselves by undertaking various preventative measures and taking out insurance. But this also drives up their  costs and thereby diminishes the living standards of law-abiding people. • Crime thus harms the profitability of businesses and they will tend to pass on the increase in their costs to their customers. • Moreover, the prevalence of crime and the apparent toleration of it corrode the bonds that hold a society together, damaging the trust in other people and institutions which is essential to the functioning of free markets. In undermining a sense of security, it also increases societal risk aversion. • We believe the tangible costs of crime in the UK to amount to almost £170 bn per annum, or about 6.5% of GDP. Of these costs, about £38bn are inflicted on businesses, £31bn on the public sector, and about £63bn against individuals. • But this is an incomplete estimate of the total costs, because it fails to account for the intangible effects on behaviour that derive from the fear of crime. Although these effects are extremely difficult to estimate, they are probably very large. Incorporating them would probably push the total costs of crime to over £250bn, or 10% of GDP. • Fortunately, the cost of crime to society is a problem with a clear solution. We must ditch the permissive paradigm that dominates our present approach to crime, and shift the balance in policymaking back towards the interests of the law-abiding majority. We lay out here a series of measures that could substantially reduce the prevalence of crime and hence its cost to society. • Our policy proposals are based around five key themes: delivering a dramatic expansion of the prison estate; taking back the streets; promoting smarter policing; and reforming sentencing and our courts system – and providing more funding while demanding more accountability. • Much of this programme can be delivered without any increase in funding. It will yield a return for little or no cost. The organisation of policing needs to be radically restructured to focus on the deterrence of crime and the catching of criminals. There needs to be a clear-out of senior members of the prison service and the Ministry of Justice. • Over and above this, however, there is a need for more funding. More resources need to be ploughed into the police and justice system to permit the recruitment of more police officers and staff, build more prisons and improve the functioning of the courts. • It may seem paradoxical that a programme to reduce the incidence of crime and its costs to society should include spending more public money. But this extra money can bring a significant return to society and a stronger economy. It should be regarded as a form of public investment. • Nevertheless, in these straitened times there is no scope to increase overall government spending financed by borrowing, and the burden of taxation is surely at the limits of what the economy can bear. • Meanwhile, given the global threats faced by the United Kingdom, the defence of the realm requires more funding. This must come at the top of the list of priorities. • So any increase in funding to finance our proposals must come from reductions in other sorts of public spending. While this paper does not seek to lay out in detail what other sorts of spending ought to be cut, with government spending as a share of GDP at a post-war high, there is ample scope for savings. Civil service manning levels, the benefits bill, overseas aid and the regime for uprating pensions will all have to be reviewed. • There are two reasons why our proposals should rank highly in the list of spending priorities alongside the need to spend more money on defence. First, by reducing the cost of crime and bringing about a stronger economy, our proposals will eventually enable the provision of more resources for other spending – including defence. • Second, the external threat to the United Kingdom is no longer purely from conventional warfare. It is hybrid and includes the sponsorship of terrorism, cyber warfare, attacks on critical infrastructure, and campaigns to widen divisions in our society – all activities which undermine the public’s confidence in the nation’s security at home. Maintaining a strong criminal justice system is fundamental to British interests and countering the threats to the nation which originate both at home and abroad. • If we are to take a less permissive approach to policing, we need to put more people behind bars. And to do this, we recommend the construction of 43,000 additional prison places and the phasing out of prison over-crowding by building a further 10,000 prison cells. • Police forces need to take control of the streets and give them back to the law-abiding majority, returning to a version of neighbourhood policing which has community orderliness and security at its heart. • Policing needs to be smarter, both tactically and strategically, making better use of technology. And it needs to neutralise the threat posed by hyper prolific offenders – the 9% of criminals who commit over half of all crime. • There also needs to be a major increase in prison sentences for the most serious crimes. The simple fact is that in our society, the chances of being caught are very low and if and when a criminal is caught and convicted the punishment is often laughably lenient. • This means that for those individuals inclined this way, crime pays. The system needs to be radically redesigned so that it doesn’t.  

London: Policiy Exchange, 2025. 91p.

Bernalillo County Second Judicial District Court Preventive Detention Motion Review

By Paul Guerin

This study reviews felony court cases in the Second Judicial District Court with a Public Safety Assessment (PSA) and a pretrial detention (PTD) motion filed between July 2017 and June 2023. The dataset of 6,698 cases includes court data and jail data that is used to study the cases from the filing of the case to the court disposition. It is important to note this review includes the time of the COVID-19 pandemic. The COVID-19 pandemic likely had some impact on case filings, time to case dispositions, and jails admissions and lengths of stay. This review found that a slightly higher percent of court cases on which a preventive detention motion was filed was granted compared to denied motions. The study confirms other research that cases with higher FTA and NCA scores are more likely to have granted motions and that motions were most likely to be filed on cases with violent charges. We found 55% of closed cases had a conviction and were sentenced and that 43.5% were dismissed or nolled and so did not result in a conviction. Cases with denied preventive detention motions spent few days in the MDC regardless of their disposition. Cases with a granted motion that were eventually dismissed or nolled spent slightly more than 120 days in the MDC and a similar number of days in the court system. Dismissals and nolles occur at the case level for a variety of reasons including uncooperative witnesses, lack of probable cause, and because some cases might be refiled in the Federal court system. Various criminal justice system level reasons may also exist. This includes the volume of crime and arrests with resulting court case filings, the complexity of cases, and staffing among the various agencies. This preliminary review of preventive detention motion cases in the Second Judicial District Court is the first of its kind to report on the disposition of cases with a preventive detention motion. In the future more sophisticated and detailed analyses and reporting could occur that further detail the relationship between PSA scores, preventive detention motions and results, and court case dispositions.

Albuquerque: Center for Applied Research and Analysis, Institute for Social Research, University of New Mexico , 2024. 13p.

Evaluating the Costs and Benefits of Pretrial Detention and Release in Bernalillo County

By Alex Severson,  Elise Ferguson,  Cris Moore, Paul Guerin, 

This study analyzes the costs and benefits of pretrial detention in Bernalillo County, New Mexico, examining 16,500 felony cases filed between January 2017 and March 2022. The analysis evaluates the relationship between pretrial detention length and failure outcomes, including failure to appear (FTA), new criminal activity (NCA), and new violent criminal activity (NVCA), both during the pretrial period and post-disposition. The study found that longer detention periods (8-30 days) were associated with significantly higher odds of pretrial failure compared to shorter stays, particularly for failure to appear, though this relationship varied by demographic groups. For post-disposition outcomes, moderate detention lengths (4-30 days) were associated with increased odds of general recidivism but decreased odds of violent recidivism. Using marginal cost estimates rather than average daily jail costs, we estimate that reducing detention length to two days for eligible low-risk defendants who did not fail pretrial could yield cost savings of approximately $259,722 annually. The study contributes to ongoing debates about pretrial detention policies by demonstrating that extended detention periods may increase certain failure rates while generating substantial system costs. However, the analysis notes important limitations, including inability to fully control for post-disposition sentencing outcomes and the challenge of establishing causal relationships between detention length and failure rates. 

Albuquerque: University of New Mexico, Institute for Social Research, 2024.40p.

What Happens When Judges Follow the Recommendations of Pretrial Detention Risk Assessment Instruments More Often?

By: SHAMENA ANWAR, JOHN ENGBERG, ISAAC M. OPPER, LEAH DION

The use of artificial intelligence (AI) methods to aid with decisionmaking in the criminal justice system has widely expanded in recent years with the increased use of risk assessments. Nowhere has this shift been more dramatic than in the widespread adoption of AI-enabled risk assessment tools to aid in pretrial detention decisions.

Despite the promise of pretrial risk assessment tools, the ways in which these tools have been implemented has limited potential progress. The vast majority of jurisdictions that have implemented these tools have essentially provided these risk assessment recommendations to judges in an advisory manner and generally cannot require judges to follow the recommendations when making their pretrial release decisions. Studies indicate that judges frequently ignore the recommendations of the risk assessment instrument; as a result, the adoption of these risk assessment tools has not had much impact on reducing the use of monetary bail and pretrial detention.

In this report, the authors investigate the factors that are predictive of whether judges follow risk assessment recommendations and identify the impacts to pretrial detention, public safety, and racial disparities when judges follow the recommendations more often.

RAND Research - Published Sep. 5, 2024

Reforming New York’s Bail Reform: A Public Safety-Minded Proposal

By Rafael A. Mangual 

After enacting a sweeping bail reform, New York lawmakers have drawn the ire of constituents who are troubled by the many stories of repeat and serious offenders—some with violent criminal histories—being returned to the street following their arrests. In the state’s biggest city, the public’s growing concerns are buttressed by brow-raising, if preliminary, crime data, amplifying calls for amending or repealing the bail reform. The operative provisions of New York’s bail reform severely limit judicial discretion in pretrial release decisions, increasing the number of pretrial defendants who are being released, often without conditions and without allowing judges to consider the risk that a defendant poses to the public. New York is now the only state that does not allow judges to consider public safety in any pretrial release decisions. This brief begins with an overview of New York’s pre-2020 bail law and the reforms that took effect on January 1. It then highlights the reform’s shortfalls and ends by proposing three changes intended to address the public’s legitimate safety concerns while preserving the spirit of the reform effort and addressing some of the inequities and inefficiencies inherent in a system that is heavily reliant on the use of monetary pretrial release conditions. The proposed changes include: • Empowering judges to assess the public safety risk posed by pretrial defendants, and setting out a process that allows them to detain dangerous or chronic offenders; • Allowing judges to revoke or amend release decisions in response to a pretrial defendant’s rearrest; and • In the intermediate term, setting aside additional funds or diverting existing funds to reduce the time a defendant stands to spend in jail if remanded to pretrial detention.  

New York: Manhattan Institute, 2020. 14p.

Ending Mass Incarceration: Safety Beyond Sentencing

By Liz Komar and Nicole D. Porter

After 50 years of mass incarceration, the United States faces a reckoning. While crime is far below its peak in the early 1990s,1 the country continues to struggle with an unacceptable amount of gun violence.2 Meanwhile, the drug war harms too many Americans and has failed to prevent fatal overdoses from reaching an all-time high.3 A great imbalance in our national approach to public safety, one that relies too heavily on the criminal legal system, has produced excessive levels of punishment and a diversion of resources from investments that would strengthen the capacity of families and communities to address the circumstances that contribute to crime. This report offers five recommendations for policymakers and community members to potentially improve safety without deepening our reliance on extreme sentencing:

Washington, DC: The Sentencing Project, 2023. 10p.

Replication and Extension of the Lucas County PSA Project

By Christopher Lowenkamp, Matthew DeMichele, and Lauren Klein Warren

This report presents findings related to impacts associated with criminal justice improvements underway in Lucas County, Ohio. The current report, however, focuses on impacts related to one of Lucas County’s initiatives - the use of the Public Safety Assessment (PSA). The report shows that Lucas County made serious reductions to the number of people booked into jail during the post-PSA period. For the entire seven-year study period, of those released pretrial, 27% experienced a failure to appear (FTA), 17% were arrested for any offense, and 5% were arrested for a violent offense during the pretrial period. There were reductions in the pretrial outcomes between the pre- and post-PSA periods: a six-percentage point decrease in FTA rates (30% vs. 24%), a five-percentage point decrease in new criminal arrest (NCA) rates (20% vs. 15%) and a two-percentage point decrease in new violent criminal arrest (NVCA) rates (6% vs. 4%). The results demonstrate that the PSA meets standards of predictive validity. For the three scales, we found that the Area Under the Curve (AUC) values are in the good (NCA) and fair (NVCA and FTA) ranges, there is incremental increase in failures as scores increase, and significant increases in the predicted likelihood of failure as scores increase across a series of regression models. The report shows that the PSA meets validity standards used for criminal justice assessments, and the report includes tests for predictive bias.

Advancing Pretrial Policy and Research, 2020. 84p.