The Open Access Publisher and Free Library
05-Criminal justice.jpg

CRIMINAL JUSTICE

CRIMINAL JUSTICE-CRIMINAL LAW-PROCDEDURE-SENTENCING-COURTS

Posts in justice
Probation and Parole in the United States, 2021

By Danielle Kaeble, BJS Statistician

This report is the 30th in a series that began in 1981. It includes characteristics of the population such as sex, race or ethnicity, and most serious offense of adult U.S. residents under correctional supervision in the community. The report details how people move onto and off community supervision, such as completing their term of supervision, being incarcerated, absconding, or other unsatisfactory outcomes while in the community.

National Reporting in the 1980's - 1982 UPR/NPR (Uniform Parole Reports/National Probation Reports) Seminar, March 1-3, 1982, Atlanta, Georgia Final Report

The keynote speech argues that accurate and uniform data on probation and parole must be used to support and argue correctional policy that advocates the rational use of correctional resources, notably to reduce the use of incarceration and increase the use of community supervision. The keynote panel, conforming to the theme of national criminal justice data, discusses how national data should be used, developing effective user services for criminal justice statistical analysis, and eliciting support for data collection and analysis in an era of budget-cutting. In the workshop reports on State responses to prison overcrowding, an overview is given of the problem, and examples of State responses to the problem are presented for Minnesota and California. The panel presentations on setting priorities for national reporting provide the systems and operation view, a judicial and sentencing view, and a legislative and legal view. Staff, speakers, and participant lists are included.

Characteristics of the Parole Population - 1978

Intended for parole officials, legislators, and researchers in criminal justice, the report profiles the persons paroled in 1977 in terms of commitment offenses, prior prison commitments, type of sentence, type of admission to prison, amount of time served in prison on current conviction, parole status, and recommitments, as well as demographic variables such as sex, age, racial/ethnic origin, and education. Using these variables, the report describes parolees by four broad sets of characteristics: prison commitment, demographic background, parole entry, and parole status. A discussion of longer term tends in 1973-1977 uniform parole reports data concludes the report. Data sources and tables are presented in the appendixes

COVID-19 and Crime: The Impact of the Pandemic on Human Trafficking and Responses to the Challenges

By United Nations Office on Drugs and Crime (UNODC). Human Trafficking and Migrant Smuggling Section 

  The COVID-19 pandemic has affected countries and people globally; it has also exacerbated existing disadvantages, poverty and vulnerabilities. The initial measures to contain the health crisis have not always considered those most vulnerable and affected by violence and exploitation. This report seeks to bring to the forefront the challenges for anti-trafficking during the pandemic and share promising practices and lessons learned in order to prepare for a more inclusive crisis-response in the future, leaving no one behind. In particular, the report explores the effects of the COVID-19 pandemic on (1) the scale and characteristics of trafficking in persons; (2) victims of trafficking; and (3) frontline organizations (law enforcement, prosecution services, the judiciary and the protection and reintegration services provided by non-government organizations (NGOs)). The report also examines the different initiatives developed in response to the challenges created by COVID-19 and identifies promising practices.    

Vienna: UNODC, 2021. 90p.

COVID-19 and Local Crime Rates in England and Wales - Two Years into the Pandemic

By Shubhangi Agrawal, Tom Kirchmaier and Carmen Villa-Llera

   We analyse how crime trends evolved during the Covid-19 pandemic.  Police have recorded fewer crimes overall during the pandemic, but a larger share of these are serious offences (such as violence). Note: these records exclude cybercrime.  Violent crimes, which have been on the rise since 2014, remain at very high levels and did not decrease because of the pandemic.  Public order offences (incidents in which offenders cause public fear, alarm, or distress) were on the rise pre-pandemic, and the trend has accelerated since Covid began.  Except for online fraud, acquisitive offences - in which criminals obtain a material gain, such as burglary or theft - are now less common than pre-Covid. During national lockdowns, local acquisitive crimes decreased dramatically. Once lockdowns were lifted, the rate remained very low (especially for shoplifting and robbery). This trend is likely to remain, as more people work from home and shop online.  During months of national lockdowns, the number of anti-social behaviour and drug offences went up, but quickly returned to pre-pandemic levels once lockdowns ended.  The pandemic has not decreased crimes uniformly. Some areas (37 per cent) had more crimes in 2021 than during the same period in 2019. Unemployment and lower educational attainment appear to be key characteristics of areas that had higher crimes in 2021.  

London: London School of Economics, Centre for Economic Performance, 2022. 26p.

COVID-19-Related Trafficking of Medical Products as a Threat to Public Health

By The United Nations Office of Drugs and Crime (UNODC)

Restrictions on movement imposed by govern- ments across the world due to the COVID-19 pandemic have had an impact on the trafficking of substandard and falsified medical products. Interpol and the World Customs Organization (WCO) reported that seizures of substandard and falsified medical products, including person- al protective equipment (PPE), increased for the first time in March 2020. The emergence of trafficking in PPE signals a significant shift in organized criminal group behaviour that is directly attributable to the COVID-19 pandemic, which has brought huge demand for medical products such as PPE over a relatively short period of time. It is foreseeable that, with the evolution of COVID-19 and developments in medicinal treatments and/or the repurposing of existing medicines, criminal behaviour will shift from trafficking in PPE to the development and delivery of a COVID-19 vaccine. Furthermore, cyberattacks on critical infrastructure involved in addressing the pandemic are likely to continue in the form of online scams aimed at health procurement authorities. Challenges in pandemic preparedness, ranging from weak regulatory and legal frameworks to the prevention of the manufacturing and trafficking of substandard and falsified products and cyber security shortcomings, were evident before COVID-19, but the pandemic has exacerbated them and it will be difficult to make significant improvements in the immediate short term. The report concludes that crime targeting COVID-19 medical products will become more focused with significantly greater risks to pub- lic health as the containment phase of the pan- demic passes to the treatment and prevention stages.  

Vienna: UNODC, 2020. 31p.

Organizational Models of Prison Health: Considerations for better governance

By The World Health Organization, Regional Office for Europe

There are currently a variety of models of prison health accountability across the WHO European Region. The WHO Regional Office for Europe recommends that leadership should come from health ministries if health equity between prisons and the outside community is to be achieved. Most importantly, a whole of-government approach is required to improve the quality of health services in prisons. This policy brief describes the governance and organizational models for prison health adopted by three European countries– Finland, Portugal and England. Each of these has a different arrangement in place, either under the Ministry of Health or under the Ministry of Justice working in partnership with the Ministry of Health. Those that have undergone a change in governance model have done so at different moments and adopted a different approach to implementing the change. Each of the three countries is considered separately, then similarities and differences between them are highlighted. Finally, recommendations are given for countries considering making a transition in the governance model that will improve the health services provided and the health status of people in prison.

Copenhagen, Denmark: World Health Organization, Regional Office for Europe, 2020. 44p.

A Systematic Review of Qualitative Evidence on Barriers to and Facilitators of the Implementation of Opioid Agonist Treatment (OAT) Programmes in Prisons

By Rita Komalasaria, Sarah Wilson and Sally Haw

 

Opioid Agonist Treatment (OAT) programmes are regarded as a gold standard treatment for people living with Opioid Use Disorders (OUDs). However, OAT programmes are often unavailable or poorly implemented in prisons, in spite of the large numbers of people living with OUDs and the high risk of HIV transmission in prison settings. Unusually, this systematic review synthesizes qualitative evidence relating to barriers to, and facilitators of, the implementation of OAT programmes in prisons in high- and low/middle-income countries (LMICs) to provide more nuanced, contextualised understandings of how prison stakeholders perceive and/or experience OAT programmes within different prison settings.

International Journal of Drug Policy, January 2021. 

Criminal Justice Information How To Find It, How To Use It

By Dennis C. Benamati, Phyllis A. Schultze, Adam C. Bouloukos, and Graeme R. Newman

From the Introduction: “… Informa­tion is now available from any location—home, office, or classroom—and at any time of day or night. Tradi­tionally, the researcher had to go to a library to access information.There, he or she could find a librarian to assist with locating information and formulating que­ries. Today, the researcher does not have to be in the same room or building to access Internet and online information sources. The librarian, who would have normally assisted with the research, is remote or may not be on duty. Thus, the concept of the library as a physical location has lost some of its meaning.

We have written Criminal Justice Information: How to Find It, How to Use It to accommodate these fundamental changes in the way that criminal justice information is accessed and disseminated. We hope that this new guide will provide the distant researcher with guidance in the use of resources—guidance that would have traditionally been provided by a reference librarian at a library….

Our publisher has suggested that we provide the re­searcher with a “roadmap” of how to use this book. It is a well-meant suggestion…[but]…a roadmap is an altogether inadequate analogy to demonstrate how we would like our readers to use this guide. Indeed, for several reasons we encourage our readers to shed the bias that research and information gathering are linear processes. This perception has been part and parcel of a culture that has taught and related information linearly for generations. The media in which our culture and knowledge are re­corded—primarily books but also audio and video recordings—are linear because they are bome of the limited technologies of the printing press…”

Phoenix, Arizona. The Oryx Press. 1998. 247p.

Closed Chambers: The Rise, Fall, and Future of the Modern Supreme Court

By Edward Lazarus

From the cover: “ "Lazarus has opened a window on matters that are usually kept secret.... [He] should be praised... for shedding light where it is needed."       —The Washington Post

Operating Within A Network Of Byzantine Secrecy. The United States Supreme Court is the most powerful judicial institution in the world. Nine unelected justices are charged with protecting our most cherished rights and shaping our fundamental laws.

In this eloquent, trailblazing account. Edward Lazarus, who served as a clerk to Justice Harry Blackmun, provides an insider’s guided torn- of a court at war with itself and often in neglect of its constitutional duties. Combining memoir, history, and legal analysis, Lazarus weaves together past and present to reveal how law, politics, and personality collide in the Courts inner sanctum. From conservative Chief Justice Rehnquist’s clandestine assault on Roe v. Wade to liberal champion Justice William Brennan's cam­paign to sabotage the death penalty, he shows us in astonishing detail not only the tragic failings of the modern Court but also what led to them and what it means for the country. The Supreme Court affects the life of every American every day.Closed Chambers will open the eyes of the nation to the realities of what takes place behind the closed doors of the institution that holds the power to resolve the most fiercely disputed issues of our time. Impeccably researched and impressively documented . . . will fascinate diehard court- watchers.”        —The Boston Globe

“The Court needs critics—and members—with Lazarus's intellectual clarity and deep attachment to its best traditions.”     —Los Angeles Times

Crime and Punishment Around the World- 4 Volumes

By Graeme R. Newman, General Editor..

Fewer than 20 percent of countries have prohibited corporal punishment, while 35 percent retain the death penalty. Prison is still a universal punishment, regardless of culture or legal system. But what are the best ways to deter crime, while still recognizing civil rights? What lessons are there in the ways in which justice is administered—or abused—around the world? This comprehensive, detailed account explores crime and punishment throughout the world through the eyes of leading experts, local authors and scholars, and government officials.

NOTE: Theses digital versions are pre-publication proofs and may contain occasional typographical errors. and annotations.

Volume 1. Africa and Middle East. Edited by Mahesh K. Nalla

Volume 2. The Americas. Edited by Janet P. Stamatel And Hung-En Sung,

Volume 3. Asia and Pacific. Edited by Doris C. Chu.

Volume 4. Europe. Edited By Marcelo F. Aebi And Véronique Jaquier.

Measuring Racial Discrimination in Bail Decisions

By David Arnold, Will Dobbie, and Peter Hull

 We develop new quasi-experimental tools to measure racial discrimination, due to either racial bias or statistical discrimination, in the context of bail decisions. We show that the omitted variables bias in observational release rate comparisons can be purged by using the quasi-random assignment of judges to estimate average race-specific misconduct risk. We find that approximately two-thirds of the average release rate disparity between white and Black defendants in New York City is due to racial discrimination. We then develop a hierarchical marginal treatment effects model to study the drivers of discrimination, finding evidence of both racial bias and statistical discrimination. Outcome-based tests of racial bias therefore omit an important source of racial discrimination in bail decisions, and cannot be used to rule out all possible violations of U.S. anti-discrimination law.   

Chicago: University of Chicago, Becker Friedman Institute for Economics, Working Paper, 2020. 83p.

Heterogeneous Impacts of Sentencing Decisions

By Andrew Jordan, Ezra Karger and Derek Neal

We examined 70,581 felony court cases filed in Chicago, IL, during the period 1990–2007. We exploit case randomization to assess the impact of judge assignment and sentencing decisions on the arrival of new charges. Our estimates of the impact of incarceration on recidivism show that, in marginal cases, incarceration creates large and lasting reductions in recidivism among first offenders. Yet, among repeat offenders who are marginal candidates for prison, incarceration sentences create only short-run incapacitation effects and no lasting reductions in the incidence of new felony charges. These treatment-impact differences inform on-going legal debates concerning the merits of sentencing rules that offer leniency for first offenders but encourage or mandate incarceration sentences for many repeat offenders.

Chicago: University of Chicago, Becker Friedman Institute for Economics, Working Paper, 2022. 66p.

Pre-trial Detention and its Over-use: Evidence from ten countries

By Catherine Heard and Helen Fair

This report presents our research on the use of pre-trial imprisonment in ten contrasting jurisdictions: Kenya, South Africa, Brazil, the United States of America, India, Thailand, England & Wales, Hungary, the Netherlands and Australia. A key objective of the research is to learn from disparities in the use of pre-trial imprisonment across the ten countries and to identify transferable lessons about how to prevent its misuse.  

London: Institute for Crime & Justice Policy Research, 2019. 52p.

Sentencing Burglary, Drug Importation and Murder: Evidence from Ten Countries

By Catherine Heard and Jessica Jacobson

In all countries across the globe, the prison sentence is a primary means by which the state censures and seeks to contain behaviours deemed illegal. States vary widely in terms of which types of illegal conduct are deemed to merit custody rather than non-custodial sanctions, and the lengths of prison terms imposed for conduct that does cross the custody threshold. Accordingly, people who are convicted in relation to similar conduct may receive widely differing penalties, depending on the country in which they are convicted and sentenced. This report examines the extent and nature of international disparities in custodial sentencing. It is the fourth in a series of research reports produced under the banner of ICPR’s international, comparative project, ‘Understanding and reducing the use of imprisonment in ten countries’, launched in 2017. The ten jurisdictions which are the focus of this research span all five continents: Kenya, South Africa, Brazil, the USA (and more specifically, New York State), India, Thailand, England and Wales, Hungary, the Netherlands, and Australia (more specifically, New South Wales). On the basis of legal and policy analysis and interviews with 70 legal practitioners across the ten jurisdictions, the report outlines the sentencing frameworks and probable sentencing outcomes for three hypothetical offences: a domestic burglary by a man with previous convictions for similar offences; drug importation (400 grams of heroin or cocaine) by a woman from a less developed country; and the intentional homicide, involving a knife, of one young man by another.

  • Each offence presents distinct policy challenges for sentencing law and practice, and each offers lessons for reform aimed at curbing the relentless rise in prisoner numbers seen in much of the world in recent decades. The emerging lessons for sentencing reform, and a series of high-level policy recommendations, are presented with reference to the broad themes of: • The role of previous convictions in sentencing – rationales and repercussions • The vexed and persistent problem of short prison sentences • Drugs policies and the scope for alternatives to harsh sentencing of drug offences • The meaning and implications of life sentences • Approaches to the sentencing of murder.  

London: Institute for Crime & Justice Policy Research, 2021. 26p.

The impacts of the COVID-19 pandemic on state & local courts study 2021: A look at remote hearings, legal technology, case backlogs, and access to justice.

By Gina Jurva

In 2020, the United States judicial system faced unprecedented challenges as it was required to quickly adapt to an ever-evolving virus, new health mandates, and court closures, all while ensuring that litigants had access to the court system. People are entitled to their day in court, as they say, and this has been no easy feat. Where there is a challenge, however, there is also opportunity. Judges, court staff, and attorneys have risen to the occasion, finding new and innovative ways to keep the daily operations of civil and criminal court moving. In this “new normal”, courts used short- and long-term solutions to ensure that the public has continuous access to the U.S. justice system, while also reducing the danger to public health and maintaining safety. However, these solutions still didn’t meet all the needs to ensure access to justice and elimination of backlogs. As a result, we saw an increased reliance on technology in almost all aspects of court proceedings, from virtual or remote pre-trial hearings to remote jury selection and even digital evidence sharing. Many judges found this to be challenging, but many also embraced the opportunity to act as a salve against further case backlogs. While many courts relied on social distancing and were involved in some aspect of remote hearings, they now plan to continue to do so in hybrid-fashion into the future, whether by using social media and remote meeting tools like Zoom, YouTube, Microsoft TEAMS and even Facebook Live.  

Toronto: Thomson Reuters, 2021. 12p.

Explaining Criminal Careers: Implications for Justice Policy

By John F. MacLeod, Peter G. Grove, and David P. Farrington

Explaining Criminal Careers presents a simple quantitative theory of crime, conviction and reconviction, the assumptions of the theory are derived directly from a detailed analysis of cohort samples drawn from the “UK Home Office” Offenders Index (OI). Mathematical models based on the theory, together with population trends, are used to make: exact quantitative predictions of features of criminal careers; aggregate crime levels; the prison population; and to explain the age-crime curve, alternative explanations are shown not to be supported by the data. Previous research is reviewed, clearly identifying the foundations of the current work. Using graphical techniques to identify mathematical regularities in the data, recidivism (risk) and frequency (rate) of conviction are analysed and modelled. These models are brought together to identify three categories of offender: high-risk / high-rate, high-risk / low-rate and low-risk / low-rate. The theory is shown to rest on just 6 basic assumptions. Within this theoretical framework the seriousness of offending, specialisation or versatility in offence types and the psychological characteristics of offenders are all explored suggesting that the most serious offenders are a random sample from the risk/rate categories but that those with custody later in their careers are predominantly high-risk/high-rate. In general offenders are shown to be versatile rather than specialist and can be categorised using psychological profiles. The policy implications are drawn out highlighting the importance of conviction in desistance from crime and the absence of any…..

  • additional deterrence effect of imprisonment. The use of the theory in evaluation of interventions is demonstrated.

Oxford, UK; New York: Oxford University Press, 2021. 273p.

A Kind of Mending: Restorative Justice in the Pacific Islands

 Edited bySinclair Dinnen , Anita Jowitt, Tess Newton

With their rich traditions of conflict resolution and peacemaking, the Pacific Islands provide a fertile environment for developing new approaches to crime and conflict. Interactions between formal justice systems and informal methods of dispute resolution contain useful insights for policy makers and others interested in socially attuned resolutions to the problems of order that are found increasingly in the Pacific Islands as elsewhere. Contributors to this volume include Pacific Islanders from Vanuatu, Fiji, the Solomon Islands, Papua New Guinea including Bougainville, as well as outsiders with a longstanding interest in the region. They come from a variety of backgrounds and include criminal justice practitioners, scholars, traditional leaders and community activists. The chapters deal with conflict in a variety of contexts, from interpersonal disputes within communities to large-scale conflicts between communities. This is a book not only of stories but also of practical models that combine different traditions in creative ways and that offer the prospect of building more sustainable resolutions to crime and conflict.

Canberra: ANU Press, 2010. 324p.

The International Criminal Court in Turbulent Times

Edited by Gerhard Werle and Andreas Zimmermann

The chapters in this book are reworkings of presentations given during a conference held in 2018 at the German Embassy to the Netherlands in The Hague on the occasion of the 20th anniversary of the adoption of the Rome Statute. They provide an in-depth analysis of major points of contention the International Criminal Court (ICC) is currently facing, such as, inter alia, head of state immunities, withdrawal from the Rome Statute, the exercise of jurisdiction vis-à-vis third-party nationals, the activation of the Court’s jurisdiction regarding the crime of aggression, as well as the relationship of the Court with both the Security Council and the African Union, all of which are issues that have a continued relevance and carry a particular controversy. The collection provides insights from both practitioners, including judges of the ICC, and diplomats who participated in the negotiations leading to the adoption of the Rome Statute, as well as well-known academics from various parts of the world working in the field of international criminal law. The aim of the book is not only to inform and stimulate academic debate on the topic, but also to serve as an instrument for lawyers involved in the practice of international criminal law.

Cham: Springer/T.M.C. Asser Press, 2019. 174p.

Democracy in the Courts: Lay Participation in European Criminal Justice Systems

By Marijke Malsch

This work examines lay participation in the administration of justice and how it reflects certain democratic principles. An international comparative perspective is taken for exploring how lay people are involved in the trial of criminal cases in European countries and how this impacts on their perspectives of the national legal systems. Comparisons between countries are made regarding how and to what extent lay participation takes place. The relation between lay participation and the legal system's legitimacy is analyzed. The book presents the results of interviews with both professional judges and lay participants in a number of European countries regarding their views on the involvement of lay people in the legal system. The ways in which judges and lay people interact while trying cases are explored. The characteristics of both professional and lay judging of cases are examined.

London; New York: Routledge, 2009. 248p.