By Rose Cahn

On May 19, 2003, Angel Ramirez1 was pulled over while driving home from work. A careful driver, Angel was sure he hadn’t been speeding, but during this “routine stop,” police asked for proof of citizenship. Having none, he was immediately arrested, transferred to immigration custody, and placed in removal proceedings. At the time of his arrest, Angel had lived in the United States for 30 years. He was a well-liked, civically engaged, small-business owner. He and his U.S.-citizen wife had four children together and a fifth on the way. But due to a single marijuana conviction from 1999—when he was 18 and represented by counsel who never told him the lasting immigration consequences of a plea deal—Angel faced losing his family, his business, and the only country he had ever called home. Barred by his conviction from lawful permanent residency and any opportunity for discretionary relief, he faced deportation to Mexico. In August 2008, Maria Sanchez, a long-time lawful permanent resident (“LPR” or “green card” holder), was convicted of growing a marijuana plant in her backyard. Born in Mexico, Maria had lived in the United States for over three decades, raising her children and grandchildren here. Maria suffered from arthritis and turned to the same remedy her mother and grandmother had used: She grew a single marijuana plant, soaked it in rubbing alcohol, and rubbed the alcohol tincture on her painful joints. This was Maria’s first and only arrest. Her public defender got a good deal from a criminal perspective: four months of house arrest. Unbeknownst to Maria, however, that plea was the functional equivalent of signing her own deportation order. Considered an aggravated felony under immigration law, the conviction subjected Maria to mandatory deportation and mandatory imprisonment, with no opportunity for discretionary relief. She suddenly faced the real likelihood of being separated from her family forever.

Oakland, CA: Californians for Safety and Justice, 2019. 148p.

By Lauren Magee, Travis Carter, and Edmund F. McGarrell

In an effort to reduce the number of fatal and nonfatal shootings in Detroit, the Wayne County Prosecutor’s Office (WCPO), working closely with the Detroit Police Department (DPD), developed an innovative approach to the investigation and prosecution of nonfatal shootings. The innovation involved the use of a One-Person Grand Jury focused specifically on nonfatal shootings. The One-Person Grand Jury was considered an investigatory resource that could increase the cooperation of shooting victims and witnesses. The grand jury provided victims and witnesses a safe environment in which to provide testimony they might otherwise be reluctant to provide. The short-term goals included the preservation of testimonial evidence that would result in identification, arrest, and conviction of perpetrators of nonfatal shooting incidents. The mission of the WCPO’s Violent Crime Unit: The mission of The Violent Crime Unit Is to ensure that Justice Is served by utilizing a non-traditional approach to the reduction of violent crime. This collaborative effort utilizes a combination of special judicial proceedings, vertical prosecution, crime analysis, social media analysis, and witness protection to target violent gangs and offenders that drive violent crime. The longer-term goal was to reduce shootings. The rationale was that building stronger cases would lead to an increase in arrests and better cases for court; future shootings would be prevented through two causal mechanisms. First, high risk individuals (shooters) would be more likely to be convicted and sentenced to a period of incarceration during which they would be unable to re-offend within the community (incapacitation effect). Second, the perceived risk of sanction among potential shooters would be increased (deterrence effect). Essentially, by holding shooters accountable at a higher rate than historically has been the case, there should be a reduction in shootings. Additionally, given that nonfatal shootings have historically had low levels of clearance by arrest and closure through prosecution, the focused attention of the OnePerson Grand Jury might have an additional effect of increasing the perceived legitimacy of police and prosecution by residents of neighborhoods affected by shootings through the effort to hold shooters accountable. Complementing the One-Person Grand Jury was increased cooperation and coordination among prosecutors and police investigators whereby designated prosecutors were available (via phone) to consult with police investigators at the scene of a nonfatal shooting. The intent was to provide prosecution resources to investigators, including the legal process of the One-Person Grand Jury, to enhance investigations and case preparation.

East Lansing, MI: Michigan Justice Statistics Center, School of Criminal Justice, Michigan State University, 2021. 31p.

By Shannon Tomascak, Preeti Chauhan, and Allie Meizlish

In this report, the Data Collaborative for Justice (DCJ) examines how criminal summons issuance and outcomes have changed in New York City from 2003 to 2019, adding six years of data to update DCJ’s prior report on criminal summons enforcement between 2003 and 2013. This new report builds on DCJ’s prior research by: (1) examining trends in criminal summons issuance and outcomes within the context of significant policy reforms including the implementation of the Criminal Justice Reform Act (CJRA) and changes in marijuana enforcement; (2) assessing trends in summonses by charge type, demographics, borough, warrant issuance, and dispositions; and (3) focusing on the most recent year of data (2019) to help the public and policymakers assess recent enforcement of criminal summonses and identify opportunities for further reform.

New York: The Data Collaborative for Justice (DCJ) at John Jay College of Criminal Justice, 2020. 47p.

By Ella J. Siegrist, Jenna L. Dole, Kristine Denman, Ashleigh Maus, Joel Robinson, Callie Dorsey, and Graham White

In November 2016, New Mexico voters approved a constitutional amendment altering pretrial release and bail practices for felony cases within the state. As part of a multi-phase study, this report evaluates the implementation of bail reform thus far. We primarily used information from stakeholder interviews; this was supplemented with court observations, media coverage, and legal documents. In this report, we document the current pretrial process; the way that pretrial release and detention decisions are made; the perceived impact of the amendment; reform success and areas for improvement; and recommendations for how New Mexico and other states may improve pretrial practices.

Albuquerque, NM: New Mexico Statistical Analysis Center. Institute for Social Research, 2020. 131p.

By Kristine Denman, Ella Siegrist, Joel Robinson, Ashleigh Maus, Jenna Dole

Like other jurisdictions and states across the nation, New Mexico recently reformed its bail system. In 2016, New Mexico voters passed a constitutional amendment intended to ensure that defendants are not detained solely because they are unable to post bond, while simultaneously protecting the safety of the community. The New Mexico Statistical Analysis Center has engaged in an ongoing project to assess bail reform efforts in New Mexico. The current report focuses on one aspect of bail reform: the use of preventative detention.1

Albuquerque, NM: New Mexico Statistical Analysis Center. Institute for Social Research, 2021. 50p.

By Micaela M. Alvarado

The author of this theses examines the multifaceted factors that are in play during sentencing in the criminal justice system and to fill a gap in the literature regarding sentencing disparities based on race and sex across types of counties, such as rural or urban counties, and whether those patterns have changed over time. The author lists three reasons for the importance of this research: it helps inform recent sentencing reforms aimed at targeting inequalities in the criminal processing system; filling a research gap on county-by-county variation in sentencing disparities by demographic characteristics; and examining longitudinal trends in sentencing constitutes an important step in better understanding influential factors in judicial decision making. The thesis examines trends over time as it addresses two specific research questions: do individuals from urban counties receive harsher sentences than those from rural counties; and does an offender’s race, sex, and county of residence influence the sentencing severity. Results showed that individuals in rural counties received harsher sentences, and revealed evidence of overall increased punitiveness for both urban and rural counties over the last several years. Results also revealed differences in sentencing outcomes based on race/ethnicity and sex between rural and urban counties; specifically, Black males experienced the most severe punishment in both rural and urban counties as well as receiving the most punitive form of punishment over time. Results also demonstrated that rural counties provided more punitive sentences in general, while urban counties have more offenders. The author suggests that urban counties may, as a result, rely on different punishment options due to limited resources. Analyses revealed more lenient sentences for females across rural and urban counties over time.

Huntsville, TX: Sam Houston State University, 2019. 105p.

By K. Alexander Adams and Youngsung Kim

This paper uses panel data from 1980 to 2018 in all 50 U.S. states and the District of Columbia to examine the relationship between liberalized concealed carry laws, homicide, and firearm homicide. Multivariate regression analysis was conducted with state and time fixed effects. A general-to-specific procedure was also used to reduce the arbitrariness of choosing control variables in the crime equation. Various robustness checks were also employed, including the use of a generalized synthetic control model. The relationship between shall-issue and constitutional carry laws and homicide were statistically insignificant at the 1%, 5%, and even 10% level. The results were robust to multiple alternative model specifications. We find no evidence that looser concealed carry laws pose a significant public health or criminological risk.

Unpublished paper, 2023. 

By Danielle Kaeble, BJS Statistician

This report presents national data on adult offenders under community supervision on probation or parole in 2019. It includes characteristics of the population, such as sex, race or Hispanic origin, and most serious offense. The report details how offenders move onto and off community supervision, such as completing their term of supervision, being incarcerated, absconding, or other unsatisfactory outcomes while in the community. Findings are based on data from BJS’s 2019 Annual Probation Survey, Annual Parole Survey, and Federal Justice Statistics Program.

By Danielle Kaeble, BJS Statistician

This report is the 29th 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. Findings are based on data from BJS’s 2020 Annual Probation Survey, Annual Parole Survey, and Federal Justice Statistics Program.

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.

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.

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

By GBD 2019 Police Violence US Subnational Collaborators

The burden of fatal police violence is an urgent public health crisis in the USA. Mounting evidence shows that deaths at the hands of the police disproportionately impact people of certain races and ethnicities, pointing to systemic racism in policing. Recent high-profile killings by police in the USA have prompted calls for more extensive and public data reporting on police violence. This study examines the presence and extent of under-reporting of police violence in US Government-run vital registration data, offers a method for correcting under-reporting in these datasets, and presents revised estimates of deaths due to police violence in the USA.

The Lancet 2021; 398: 1239–55  

By Andrew C. Forrester and Alex Nowrasteh 

The 287(g) program enables local law enforcement agencies to enforce federal immigration laws. We examine 287(g)’s implementation across multiple counties in North Carolina and identify its impact on local crime rates and police clearance rates using a staggered difference-in-differences research design. Under multiple empirical specifications, we find no evidence to suggest that 287(g) programs had an effect on crime rates in North Carolina counties following their implementation. These results hold for simple measures of program adoption and program intensity. Our findings suggest that 287(g) in North Carolina counties did not meet its intended objective of improving public safety by facilitating the removal of violent offenders.   

Logan, UT: Center for Growth and Opportunity at Utah State University , 2020. 40p.

By Joel A. Capellan; Evan T. Sorg

The Illegal Immigration Reform and Immigrant Responsibility Act of 1996 has facilitated the arrest, detention, and deportation of illegal immigrants by local law enforcement officials by adding 287(g) to the Immigration and Nationality Act; however, there has not been a nationwide examination of the crime reduction benefits of these agreements. Using crime, demographic, and detention data from the 167 counties that applied for 287(g) status from 2005-2010, the authors estimated three cross-lagged panel models to assess the impact on total crime of 287(g) interventions resulting in detention or deportations on total crime, violent crime, and property crime. The study found no evidence that 287(g) arrangements were linked to meaningful crime reduction. Due to the potential adverse consequences from these agreements, this study questions the continued use of such agreements under 287(g).

Glassboro, NJ: Rowan University, 2022. 40p.

By Maxime Ricard and Kouamé Félix Grodji

Africa’s rapidly expanding cities are witnessing unprecedented levels of violent crime and the growing menace of criminal gangs. Exceeding the capacity of police, these dangers pose threats to citizen security, livelihoods, and the governability of urban areas.

• In response to these security crises, community-based security groups are emerging as a form of collaborative policing. While not a substitute for police, these groups can help address rising urban crime. Since they know their neighborhoods, these groups can act as go-betweens for overstretched local police and citizens.

• The most effective vigilance committees recognize that coercive tactics and violent confrontations with youth gangs escalate hostilities and fail to address deeper community problems. This will require tackling systemic factors linked to high crime rates in order to redirect youth gangs and stem urban violence.

• Experience from Abidjan reveals the limits of these vigilance committees in tackling serious crimes as well as the risk that these committees can turn to extrajudicial violence and become a threat themselves. This highlights the importance of close partnerships between vigilance committees and the police if collaborative policing models are to contribute to community security.

• Civil society engagement and community oversight are needed to regulate community-based security groups and ensure that they are not misused by local elites or corrupt police.

Washington, DC: Africa Center for Strategic Studies, 2021. 

By Her Majesty's Chief Inspector of Constabulary

Serious acquisitive crime (SAC) strikes at the heart of people’s feelings of safety in their homes and communities. It isn’t just a ‘volume crime’. It affects people on a daily basis. And failing to target it damages public confidence in policing. The response to SAC from policing isn’t consistently good enough. Too many offenders remain at liberty and most victims aren’t getting the justice they deserve. Forces are missing opportunities to identify and catch offenders, from the moment a member of the public reports the crime to the point where a case is finalised. Depending on where in England and Wales they live, some victims of SAC are more likely than others to get a thorough investigation from their force. This can’t be justified. This report brings together some of our findings from recent police effectiveness, efficiency and legitimacy (PEEL) and thematic inspections in England and Wales. It shows where forces need to make improvements in the way they tackle SAC, and it reports on the good practice we identified. The onus is on forces to learn from each other. They should consider whether they can apply the positive examples in this report to their own force.  

Birmingham, UK: HM Inspectorate of Constabulary and Fire and Rescue Services, 2022. 40p.

By Justin T. Pickett. Amanda Graham and Francis T. Cullen 

The mission of policing is “to protect and serve,” but recent events suggest that many Americans, and especially Black Americans, do not feel protected from the police. Understanding police-related fear is important because it may impact civilians’ health, daily lives, and policy attitudes. To examine the prevalence, sources, and consequences of both personal and altruistic fear of the police, we surveyed a nationwide sample (N = 1,150), which included comparable numbers of Black (N = 517) and White (N = 492) respondents. Most White respondents felt safe, but most Black respondents lived in fear of the police killing them and hurting their family members. Approximately half of Black respondents preferred to be robbed or burglarized than to have unprovoked contact with officers. The racial divide in fear was mediated by past experiences with police mistreatment. In turn, fear mediated the effects of race and past mistreatment on support for defunding the police and intentions to have “the talk” with family youths about the need to distrust and avoid officers. The deep American racial divide in police-related fear represents a racially disparate health crisis and a primary obstacle to law enforcement’s capacity to serve all communities equitably.  

Criminology, 60 (2): 291-320, 2022.    

By The Independent Office for Police Conduct

The circumstances in which police officers use Taser is an area of significant public interest. Tasers provide the police and the community with valuable protection in dangerous situations. The police are able to use Tasers as an option to resolve situations, including the threat of serious violence, when they consider the use of the Taser is reasonable and proportionate to the threat they face. Tasers are now available to more police officers than ever before with some police forces committing to providing them to all frontline officers who wish to carry one. Home Office data shows Taser was used in 17,000 incidents in 2017/18, nearly doubling to around 32,000 incidents in 2019/20. In the majority of cases Taser is not discharged – the threat alone can help to resolve an incident. However, some community groups and organisations have repeatedly expressed concerns about the risks associated with Taser use, particularly in the context of deaths and serious injuries, their use against children and vulnerable adults, and the significant racial disparities in Taser usage. As an independent body, our oversight helps to shine a light on issues we see in our investigations and through concerns being raised by community groups and organisations. This report was commissioned following a series of incidents involving Black men and people with mental health concerns in early 2020. We reviewed 101 cases involving Taser use that the Independent Office for Police Conduct (IOPC), or our predecessor organisation the Independent Police Complaints Commission (IPCC), investigated between 2015 and 2020. This report is not intended to present a fully representative picture of how Tasers are used across England and Wales, because we investigate only the most serious and sensitive cases. However, these cases often have the greatest impact on community confidence and provide invaluable opportunities for learning. It is right that Taser use is closely analysed to ensure the device is being used appropriately and not as a default when other options may be available. Police forces must be able to justify to the public the circumstances in which Taser is deployed, particularly when children and vulnerable people are involved. Forces must also respond to the disproportionate use of Tasers against Black people.  

London: The Independent Office on Police Conduct, 2021.128p.

By Beatriz Magaloni and Luis Rodriguez

How can societies restrain their coercive institutions and transition to a more humane criminal justice system? We argue that two main factors explain why torture can persist as a generalized practice even in democratic societies: weak procedural protections and the militarization of policing, which introduces strategies, equipment and mentality that treats criminal suspects as if they were enemies in wartime. Using a large survey of the Mexican prison population and leveraging the date and place of arrest, this paper provides causal evidence about how these two explanatory variables shape police brutality. Our paper offers a grim picture of the survival of authoritarian policing practices in democracies. It also provides novel evidence of the extent to which the abolition of inquisitorial criminal justice institutions – a remnant of colonial legacies and a common trend in the region – has worked to restrain police brutality.

Stanford, CA: Stanford University, Poverty, Violence and Governance Lab (PoVgov), 2020. 51p.