By JAMES B. HYMAN

Periodically, the nation’s attention is captured by press coverage of a needless death of a Black person at the hands of police. And, in each case, the police department of jurisdiction launches an investigation into the circumstances surrounding the incident. These investigations focus on the actual (or alleged), real-time, behaviors of both the officer and the decedent in an attempt to elucidate the incident and determine culpability. Several questions must be answered. What were the circumstances? How did the incident escalate? What did the deceased do? How did the officer respond? And was the response justified? What these investigations don’t do is shed light on any antecedent factors that may have conditioned the behaviors of either party. Indeed, missing from these investigations, and from research into police-involved deaths more generally, is an understanding of attitudes and perceptions held by the officers and victims prior to their interaction. The pre-dispositions of each, toward each other, may be contributing factors in how these incidents unfold. This study explores only one side of these dynamics – the attitudes and perceptions of police officers with respect to their encounters with civilians during traffic stops. The study gathers information about the officers themselves and their feelings about their jobs. It queries their experiences with, and reactions to their traffic stop civilian encounters – seeking answers to how such stops become contentious and sometimes deadly. It asks whether race plays a role in these encounters. And finally, given the attention paid to these incidents, the study explores the officers’ reactions to declines in public opinion of police and policing. This report presents the results of these explorations in the voices of the officers themselves 

New Brunswick, NJ: Rutger Graduate School of Education, 2024. 38p.

By Michelle D. Bonner

The book discusses the rise of punitive populism in Latin America and the role of the media in shaping public opinion. It explores the interpretation of crime statistics, the media’s influence on emotions and public opinion, and the comparison of media systems inArgentina and Chile. The document also examines the preference of journalists for tough-on-crime sources and the rise of punitive voices from within the state and civil society. The conclusion highlights the homogenization of public opinion in neoliberal media systems. [Introduction, 1. Interpreting statistics on crime, insecurity, and police violence, 2. The mass media’s role in emotions and public opinion,3. Comparing media systems: Argentina and Chile, 4. Journalists’preference for tough-on-crime sources, 5. The rise of punitive voices from within the state, 6. The rise ofpunitive voices from civil society, conclusion

University of Pittsburgh Press, 2019 276 pages

 Lauren Bennett and Elsa Corry-Roake  

   Too many young people come into criminal justice system because of multiple unmet needs. Diverting them into support and treatment can help them to grow out of a cycle of crisis and crime and realise their full potential. The right support can reduce crime in local areas and prevent future victims of gangs and exploitation. In my experience, young people are drawn into the criminal justice system to make ends meet, or just to keep ‘occupied’. If a positive alternative is put in place, this will not only help the young people, but will help their families and communities. It is unfortunate that the criminal justice interventions do not consider what happens to the young person after they leave the service. Future planning and leaving a door open can prevent issues from escalating and prevent young people from returning to the criminal justice system. This review highlights a number of effective ways to support young people. What made the biggest difference for me was having a consistent support worker who worked with me at every step of my journey, taught me how to notice patterns, followed up after I left the service, and encouraged me to seek help. I liked how they did not judge me or make me feel less than. This made me see the light at the end of the tunnel and push me to make the positive changes and embark on my journey to change.  

This evidence review examines the effectiveness of different types of diversion support for young people aged 18-25. Given the particular characteristics of young adults that set them apart from fully mature adults, this paper examines the ways in which their needs differ from the latter. It highlights the practice and policy approaches that have been found to be effective in supporting young people to move away from the cycle of crime, notably key elements of support that can be provided as part of an out of court disposal.

London: Revolving Door Agency.....38p.

By Mackenzie Seaman and Jessamy Garver Affeldt

This paper focuses on the multiple intersecting harms (forced returns, expulsion, interception at sea, detention) migrants experience in Senegal during the return process. It pays particular attention to violations and abuses that are frequently reported in relation to such uses of force. The data shows that respondents often endured multiple instances of violations and abuse during their return journey to Senegal. This appeared to compound the challenges they encountered after their return to Senegal.

Mixed Migration Centre, 2024. 24p.

By Senzekile Bengu

  This report describes how the Violence Prevention Forum has contributed to changing the relationship between the state and non-governmental organisations (NGOs), and how it has empowered NGOs to use research knowledge and to engage with and inform policy.    

  Key findings -   Participation in the Violence Prevention Forum (VPF) has improved relations among non governmental organisations (NGOs), and between NGOs and participating government departments and researchers. This can be attributed to how VPF meetings are designed and facilitated, which has increased empathy and understanding between sectors. There has been a shift in how NGOs view their role in the long-term goal of reducing high levels of violence and align their work with government policy. NGOs have also realised the power and importance of research and evidence, and are making better use of it. NGOs collaborate more with other organisations and sectors as a consequence of their participation in the VPF. The quality of collaboration between organisations participating in the VPF has improved because of how the Forum invests in building trust between participants

   NGOs apply the facilitation tools and techniques they gain at the VPF in staff and project meetings, and use the research in organisational reports and presentations. NGOs that have participated in the VPF feel valued because the Forum appreciates both practice-based knowledge and research f indings. At VPF meetings, new knowledge and research are presented and discussed openly, and decisions are made transparently and collectively. The knowledge and skills gained from participating in the VPF meetings are more likely to be used and applied in NGOs if the person participating in meetings holds a decision-making role in their organisation, is passionate about their work and if there is alignment between the organisation's interests and goals and the VPF focus.

Pretoria: Institute for Security Studies (ISS), 2024. 28p.

By Matodzi M Amisi, Chandré Gould, Jody van der Heyde, Senzekile Bengu and Ayanda Mazibuko

Building trusting relationships between people in different sectors narrows the gap between evidence, practice and policy.

Over the past nine years the Violence Prevention Forum (VPF) has facilitated collaboration and partnerships within and between sectors, maintained ongoing engagement and influenced policy, practice and funding for violence prevention interventions in South Africa. This policy brief presents findings from three case studies that assessed why researchers, non-governmental organisations and government officials participate in the VPF and the impact this has. Policy Brief

Pretoria: Institute for Security Studies (ISS), 2024. 12p.

  By Danielle Kaeble  

This report is the 31st in a series that began in 1981 and features data on adult U.S. residents under correctional supervision in the community. It includes characteristics of this population such as sex, race or ethnicity, and most serious offenses. 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.

Highlights:

• At yearend 2022, an estimated 3,668,800 adults were under community supervision (probation or parole), down 36,700 (1.0%) from January 1, 2022.

• From yearend 2012 to yearend 2022, the total adult community supervision population fell 23%, from 4,790,700 to 3,668,800.

• The probation population stayed under 3 million for the second year in a row in 2022.

• During 2022, the number of persons on parole declined from 745,300 to 698,800 (down 6.2%).

Washington, DC: U.S.  Department of Justice Office of Justice Programs Bureau of Justice Statistics, 2024. 35p.

By Gillian Hunter, Monica Thomas, Nicola Campbell

Summary of findings • Findings are based on 21 in-depth interviews with parents (16 women and 5 men) involved in public law care proceedings between late 2019 and 2023. Three were involved in proceedings to become a special guardian. • Collectively, parents had experiences of various aspects of public law, including in relation to care, placement, special guardianship and emergency protection orders. • They described wider circumstances associated with the family court proceedings, including experiences of domestic violence, substance misuse and mental health. Over a third reported contact with social services and the care system as a child. • Unsurprisingly, contact with social services prior to court proceedings was generally fractious. Parents reported complying with requests for reports, assessments and tests but distrusted and often disputed how findings were subsequently presented by the local authority to the court. • Parents perceived themselves to be outsiders or by-standers at court proceedings. They sat at the back of the courtroom when attending in person and were muted in virtual hearings. They had few opportunities to speak unless providing formal evidence to the court and they understood little of what was being discussed by the judge and legal professionals. • Experiences of legal representation were mixed and while a minority reported being well-supported by their lawyer, with regular updates or post-hearing explanations of proceedings, most felt their lawyer did not adequately represent their lives or views, or challenge aspects of evidence that they considered to be wrong or unfair. 

• The judge’s conduct played a significant part in shaping parents’ reported family court experiences. Judicial kindness or a lack of attention, and informal and more formal comments made by the judge – both positive and negative – were remembered well after the hearing was over. For example, judicial ‘instruction’ about what parents needed to do to have children returned to their care was described as giving hope for the future. • Time was a recurring theme in interviews, with some aspects of the process felt to move too slowly and others too fast. This includes perceptions of the process moving too quickly towards court proceedings and the ‘backwards and forwards’ of court hearings. Participants also talked about being rushed into making what were essentially life-changing decisions about both temporary and permanent care arrangements of their children. • The harmful impact of processes of racialisation, institutional racism and cultural stigma was also raised by Black and Black Mixed Race parents, as well as caregivers to children racialised as Black Mixed Race. However, participants were sometimes hesitant to raise such concerns out of fear of being seen to be pulling ‘the race card’. • Voluntary sector services were the main providers of assistance, including counselling, especially after children had been removed and parents felt largely abandoned by the statutory system. Parents reported initial feelings of anger, shock, confusion and longterm grief at the removal of their children. Six parents referred to feeing suicidal and self-harming either during or following the conclusion of their proceedings. The importance of peer-based support through community groups and social media was also noted as important for coping with the aftermath of the family court. 

London: Revolving Doors, et al., 2024. 24p.

By Stephen Riley and Gemma Buckland. 

  Building Bridges, Safer Communities is a project delivered by Revolving Doors, in partnership with Shared Future CIC. The specific purpose of the project was to design a participatory process for public safety and resourcing, including developing a community-generated definition of safety in Merseyside. Merseyside as a region, with a particular focus on Liverpool, was chosen as the geographic focus for this project due to its unique history as an area with a strong sense of shared identity and culture, and a rich tradition of activism and innovation. The project had a particular focus on groups and communities who are traditionally not included in discourse around public safety. In particular, this focused on people with experience of multiple disadvantage. This was defined as a combination of contact with the criminal justice system, homelessness, problems with drugs and alcohol, mental ill health, and/or poverty. We wanted to better understand how safe people in Merseyside feel, what could help make them feel safer, what the role of the police is in making people feel more or less safe, and how relationships between the police and communities could be improved.

This report captures learning from one stage of this project, which is the peer research conducted by Revolving Doors. Peer research was conducted to shine a light on what feeling safe means to people in Merseyside—with a focus on the City of Liverpool and Birkenhead— and what people felt the police’s role should be in helping people feel safer. Research themes were defined in part from initial polling conducted across Merseyside with Opinium, by perceived gaps in existing knowledge, and where local stakeholders such as the police, local authorities and others, felt more information would be most valuable. This included a specific focus on the ‘revolving door’ cohort of people caught up in a cycle of crisis and crime because of unmet health and social needs, and what impacts their perceptions of safety. A reason for this was our expertise in engaging with this group and, in our experience, the high levels of mistrust of authorities which can make successful engagement with them more difficult. The Opinium poll took place online between 18 and 27 January 2023 and focused on public safety and policing in Merseyside. Over 1,500 people responded from across all five boroughs. Where relevant, findings from the polling are explored within this report in relation to the peer research findings.   

London: Revolving Doors, 2024.   40p.

By Steven Dudley,  Sara García, Jaime López-Aranda, Annie Pforzheimer, and Ben Westhoff , et al.

Precursor chemicals pose an unprecedented challenge for governments and multilateral organizations seeking to mitigate the development, manufacturing, production, and distribution of illicit synthetic drugs. As opposed to most legacy drugs -- which rely on plants, harvests, favorable weather, significant and varied manual labor, and transport of bulk amounts of illicit substances across heavily-policed terrain -- synthetic drugs can be produced in laboratories all year-round using a wide variety of mostly sparsely or unevenly regulated chemicals, which can be employed at different stages of the process in rudimentary laboratories and transported in large or small amounts, often without the knowledge of the transporters themselves. The sources for these chemicals span the globe. They are currently concentrated in China, where a relatively small number of companies appear to be producing precursor chemicals, in mainly two provinces. These chemicals are marketed and sold on the internet, where an army of online providers offer well-regulated and unregulated chemicals via the Clearnet and the dark web. These marketers are sometimes extensions of these same production companies and sometimes independent. Some are also clans, which appear to own numerous production and marketing companies. The precursors are transported to Mexico via cargo ships or air cargo, traveling direct or via circuitous routes. Cargo is often mislabeled, camouflaging the contents, purpose, or amount of their shipment. In Mexico, brokers and independent buyers facilitate this trade, filing paperwork, creating fictitious companies, or bribing officials. The chemicals then make their way to small producers. Often referred to as “cooks,” these producers synthesize the precursors into illicit synthetic drugs that are then sold to large buyers and transport specialists. Two large criminal networks buy and move synthetic drugs in bulk: the Sinaloa Cartel and Jalisco Cartel New Generation (Cartel de Jalisco Nueva Generación – CJNG). These networks are responsible for bringing this product across the most difficult part of its journey and thus charge a premium for their services. After they sell the drugs wholesale, they are largely absent, leaving the distribution and retail sales to other local criminal networks. The precursor industry -- and the synthetic drug industry writ large -- is so challenging to disrupt precisely because it works across legal and illegal spheres, involves many layers and different criminal networks, and has many means to obtain its final objective: the sale of synthetic drugs to an increasing number of consumers. Those consumers are not just in the United States. Places like Mexico are experiencing a dramatic uptick in synthetic drug consumption -- mostly methamphetamine but also fentanyl. The synthetic drug industry is also having ill effects on the environment in Mexico and is behind a surge in violence in the corridors where it is trafficked and sold on the local market. The problem requires governments to rethink their traditional strategies for fighting illicit drugs. In addition to developing regional and global coalitions to monitor and regulate the chemicals, governments must enlist private industry to play a much more active role in mitigating the trade and limiting the spread of these destructive substances 

Washington, DC: InsightCrime, 2040;    

By Mary L. G. Theroux, Adam B. Summers, Lawrence J. McQuillan, Jonathan Hofer, Hovannes Abramyan, and Scott Beyer;    Edited by Adam B. Summers

  Most cities do not have this complete integration of police and fire departments, emergency services, hospitals, psychiatric providers, and all other homeless service providers. Communities across the United States could benefit substantially from looking at the homelessness issue through a more systemic lens. Ultimately, homelessness in itself is not the problem; it is a symptom of larger systems-level problems. We need to enact systems-level solutions to truly address the root causes of homelessness. As a nation, we can overcome homelessness. In order to do so, we have to stop dealing with the symptoms and start dealing with the real issues. This report offers a good starting point for doing so  

   Causes of homelessness are many and often attached to trauma with a strong correlation to mental health issues. Other progressions into homelessness could involve compounded health issues, hospitalization later in life, losing resources, or becoming financially homeless. Each needs long-term personalized and customized care for success. A big part of the current homelessness crisis stems from the unintended consequences of the 2009 HEARTH Act. Our nation shifted from providing funding for emergency shelters to focusing solely on permanent housing and supportive services. Theoretically, this is not a bad way to approach homelessness—but as described in more detail herein, Housing First is only effective if you have the housing capacity to make sure people have a home and the necessary resources to provide wraparound services. In reality, this funding shift caused many cities to either downsize or eliminate shelters due to lack of available f inancial resources and created a ripple effect where people on the street did not have any safe, secure places to go. A larger part of the problem is the lack of affordable housing across the nation. The authors describe the factors driving California’s housing crisis with many of these replicating in cities across the country, resulting in unobtainable housing for the middle class. When dual phenomena of the lack of emergency shelters and an inadequate housing supply occurs, the eventual alternative is the street. It is important that the solutions offered herein address both homelessness policies as well as housing. Homeless intervention does not end or prevent homelessness, it only helps individuals currently experiencing homelessness. To end homelessness, we must address and solve the upstream issues, which include access to safe, affordable housing. T he “Beyond Homeless” report includes profiles of a few sample programs across the country that are achieving positive outcomes, and I am proud of my association with one of them, Haven for Hope of Bexar County located in San Antonio, Texas. As with most cities dealing with homelessness, San Antonio had the police department, emergency medical services, hospital systems, mental health systems, and nonprofit services providers all working in silos and not working collectively to have an impact. In creating Haven for Hope, we were able to bring all these systems together to collaboratively move in the same direction, thus making Haven a community wide model.   

Oakland, CA: Independence Institute, 2021. 66p.

U.S. Department of Justice, Civil Rights Division

  EXECUTIVE SUMMARY On August 5, 2021, the Department of Justice opened a pattern or practice investigation of the Phoenix Police Department (PhxPD) and the City of Phoenix (“the City” or “Phoenix”). Our investigation revealed systemic problems within PhxPD that deprive people of their rights under the Constitution and federal law. We found pervasive failings in PhxPD’s policies, training, supervision, and accountability systems that have disguised and perpetuated these violations for years

The Department of Justice has reasonable cause to believe that the City of Phoenix and the Phoenix Police Department engage in a pattern or practice of conduct that deprives people of their rights under the Constitution and federal law: • PhxPD uses excessive force, including unjustified deadly force and other types of force. • PhxPD and the City unlawfully detain, cite, and arrest people experiencing homelessness and unlawfully dispose of their belongings. • PhxPD discriminates against Black, Hispanic, and Native American people when enforcing the law. • PhxPD violates the rights of people engaged in protected speech and expression. • PhxPD and the City discriminate against people with behavioral health disabilities when dispatching calls for assistance and responding to people in crisis 

Washington, DC: U.S. Department of Justice, Civil Rights Division, 2024.   

By United States Sentencing Commission

This report examines trends in the prevalence of federal methamphetamine trafficking sentences, and the purity levels of methamphetamine trafficked in the United States. The Commission analyzed 20 years of sentencing data and conducted a special data collection project examining the purity of methamphetamine trafficked and offense conduct of individuals sentenced for trafficking methamphetamine in fiscal year 2022. This report is the Commission's first comprehensive analysis of federal methamphetamine trafficking offenses in nearly 25 years.

Washington, DC: United States Sentencing Commission, 2024. 

by Mafalda Pardal, Elle Wadsworth, Beau Kilmer

Potent synthetic opioids, illegally produced, are starting to emerge in Europe. Considering the damaging harms caused by the opioid crisis in North America, which has led to a substantial surge in overdose deaths, it is crucial that European leaders understand the challenges associated with synthetic opioids. In this Perspective, we present and discuss the current situation in Europe concerning synthetic opioids, and draw on earlier and ongoing crises involving this group of substances to reflect on likely challenges ahead and ways to improve preparedness.

Santa Monica, CA: RAND, 2024. 20p.

By Claudia Wallner ,  Jessica White and  Simon Copeland

  With an increasing focus on far-right extremism globally, the threat both to and within the security forces must be considered. Recent high-profile cases from national and local security forces, as well as critical reviews of internal cultures, indicate that the UK’s security forces are no exception. This paper addresses these challenges in the UK context, focusing on the police and military services, and offers practical guidance and recommendations. The analysis highlights the following four critical areas for reform: 1. Vetting processes are essential. However, it seems that there remain significant gaps and challenges in effectively identifying potential extremists. This poses a considerable risk, particularly as far-right organisations strategically infiltrate security forces, exploiting organisational similarities and cultural overlaps. 2. Training emerges as a critical area for prevention. The need for continuous, well-structured training programmes is emphasised, with a focus on addressing hypermasculinity and racism. Fostering a culture that counters stigma around mental health is also identified as a crucial factor in reducing radicalisation risk, aligning with the broader goal of building resilient and adaptive security forces. 3. Accountability mechanisms within security forces are equally important, especially in the face of an evolving extremist threat. Transparency, consistency and leadership support in enforcing consequences for misconduct and extremist ideologies are highlighted. 4. Separation from the police or military is identified as a critical phase of vulnerability to radicalisation. Comprehensive support programmes, including mental health assistance, exit interviews and tailored interventions, are highlighted as crucial for successful reintegration into civilian life. Addressing these challenges is vital to building the resilience of the UK’s security forces against extremist influences.   

London: The Royal United Services Institute (RUSI),  2024. 32p.

By Anne-Marie Weeden, Mark Williams, Cathy Haenlein and Elijah Glantz

  The importance of ‘following the money’ in illegal wildlife trade (IWT) investigations is increasingly clearly recognised, given the need to isolate ‘upstream’ criminal actors – higher-level threat actors who control and drive illicit activity – as opposed to the low-level, downstream offenders who can easily be replaced. In 2019, RUSI’s Organised Crime and Policing team, working with the government of the Lao People’s Democratic Republic (Lao PDR), pioneered a new technique in the environmental crime domain to support capacity building in this area: the use of multi-agency reviews of closed IWT cases – the Closed Case Method. Based on the pilot exercise’s success, this novel capacity-building methodology was subsequently adopted as a recommendation by the Financial Action Task Force, which urged affected countries to ‘undertake (multi-agency) case reviews of historic/closed IWT cases that focus on the unexplored financial elements of a case’, arguing that such reviews can identify typologies of IWT-related financial crime, develop risk indicators, and potentially reveal new leads. The RUSI team has since refined the Closed Case Method through multi-agency capacity-building workshops held in Malawi, Namibia, Uganda and Zambia in 2022–23. These workshops were designed and delivered as part of the RUSI project, ‘Case Closed? Using Historic Cases to Enable New Financial Investigations’, funded by the UK government under the Illegal Wildlife Trade Challenge Fund. This Whitehall Report summarises the lessons learned from this workshop activity, presenting a best practice guide for the use of closed case reviews to support financial investigation in IWT cases. This approach involves the retroactive analysis of previous IWT cases to identify fresh opportunities to gather and act on financial intelligence. The team’s methodology for using closed case reviews in capacity building can be broken down into three different stages: • First, the ‘research and preparation stage’ involves context-specific literature reviews, targeted stakeholder engagement, case criteria development, case selection and development of training materials. • Second, the ‘capacity building stage’ comprises delivery of multi-agency

workshops, involving baseline financial investigative skills training and small group case reviews, in which all relevant agencies are charged with re-examining the details of the case and developing missed opportunities to follow financial leads. 

• Third, the ‘learning and dissemination stage’ involves the development of red flags (risk indicators for suspected money laundering activity), the dissemination of financial intelligence to both the private and the public sector, and monitoring and evaluation.    

  RUSI Whitehall Report 4-23,  

London: The Royal United Services Institute (RUSI) 2023. 43p.

By European Union Agency for Fundamental Rights (FRA)

FRA’s third LGBTIQ survey shows that people still experience hate-motivated violence and discrimination. Trans and intersex people face even greater victimisation. Yet, signs of progress show that the EU’s and Member States’ efforts can positively affect people’s lives. More LGBTIQ people are open about their sexual orientation, gender identity, gender expression and sex characteristics.

FRA’s survey is one of the biggest of its kind globally. It analyses the experiences of over 100,000 LGBTIQ people of all backgrounds aged 15 years and above in the EU and neighbouring countries. This is the third wave of the survey FRA first conducted in 2012 and again in 2019. It presents results showing gradual progress in equality over time. The findings contribute to developing legal and policy responses to meet the needs of LGBTIQ people and protect their fundamental rights. The report sets out ways forward for the EU and Member States to ensure dignity and equality. Now is a critical moment to step up efforts.

In this report:

• Why is this survey needed?

• Survey in a nutshell

• Key concepts and terminology

• Assessing progress - comparing selected results from 2019 and 2023

1. Discrimination and awareness of rights

   • Assessing progress between 2019 and 2023 - selected results

   • Key 2023 survey findings

2. Violence and harassment

   • Assessing progress between 2019 and 2023 - selected results

   • Key 2023 survey findings

3. Life and dignity in inclusive societies

   • Assessing progress between 2019 and 2023 - selected results

   • Key 2023 survey findings

• Annex: Survey sample, methodology and socio-demographics

Vienna: European Union Agency for Fundamental Rights. 2024. 112p.

By Brandon L. Garrett & Cynthia Rudin

Artificial intelligence (“AI”) increasingly is used to make important decisions that affect individuals and society. As governments and corporations use AI more pervasively, one of the most troubling trends is that developers so often design it to be a “black box.” Designers create AI models too complex for people to understand or they conceal how AI functions. Policymakers and the public increasingly sound alarms about black box AI. A particularly pressing area of concern has been criminal cases, in which a person’s life, liberty, and public safety can be at stake. In the United States and globally, despite concerns that technology may deepen pre-existing racial disparities and overreliance on incarceration, black box AI has proliferated in areas such as: DNA mixture interpretation; facial recognition; recidivism risk assessments; and predictive policing. Despite constitutional criminal procedure protections, judges have often embraced claims that AI should remain undisclosed in court.

Both champions and critics of AI, however, mistakenly assume that we inevitably face a trade-off: black box AI may be incomprehensible, but it performs more accurately. But that is not so. In this Article, we question the basis for this assumption, which has so powerfully affected judges, policymakers, and academics. We describe a mature body of computer science research showing how “glass box” AI—designed to be fully interpretable by people—can be more accurate than the black box alternatives. Indeed, black box AI performs predictably worse in settings like the criminal system. After all, criminal justice data is notoriously error prone, and it may reflect preexisting racial and socioeconomic disparities. Unless AI is interpretable, decisionmakers like lawyers and judges who must use it will not be able to detect those underlying errors, much less understand what the AI recommendation means.

Debunking the black box performance myth has implications for constitutional criminal procedure rights and legislative policy. Judges and lawmakers have been reluctant to impair the perceived effectiveness of black box AI by requiring disclosures to the defense. Absent some compelling—or even credible—government interest in keeping AI black box, and given the substantial constitutional rights and public safety interests at stake, we argue that the burden rests on the government to justify any departure from the norm that all lawyers, judges, and jurors can fully understand AI. If AI is to be used at all in settings like the criminal system—and we do not suggest that it necessarily should—the presumption should be in favor of glass box AI, absent strong evidence to the contrary. We conclude by calling for national and local regulation to safeguard, in all criminal cases, the right to glass box AI.

  CORNELL LAW REVIEW [Vol. 109 (3): 2024.

By Megan Moore and Angie Weis Gammell 

  In 2020, 165,700, or 23%, of incarcerated individuals were seniors. This represents a 280% increase in incarcerated older adults since 1999 and is in stark contrast to the steady decline of total prison populations since peaking in 2009.  The growing number of older adults has a distinct set of healthcare needs that must be met, including aging-related cognitive impairments like dementia. Older adults behind bars are at a greater risk for developing cognitive impairment and carceral facilities are not properly staffed or equipped to recognize, assess, or care for incarcerated individuals with cognitive decline.  The U.S. Census Bureau projects that by 2030, U.S. prisons will hold 400,000 older adults who will comprise one-third of the total incarcerated population. Between approximately 70,000 and 210,000 of those incarcerated older adults will develop dementia.  With few national standardized dementia trainings, screenings, and practices across carceral facilities, there is a pressing need to address the diagnostic, medical, and rehabilitative needs of the aging prison population. Importantly, none of the purposes of punishment—incapacitation, rehabilitation, retribution, and deterrence—are advanced by the continued incarceration of individuals living with dementia. Many are unaware of their surroundings or the “why” of their existence in a carceral institution. They are already incapacitated by their medical condition. They no longer have the opportunity for rehabilitation. They are unable to understand their living environment as a consequence of their crime, rendering retribution impossible. Additionally, incarceration is not an effective deterrent against crime, and may actually serve to increase crime.  Despite this, state programs providing for geriatric release or release based on cognitive decline are rare. This leaves many individuals living with dementia in prison, burdening states with hefty medical bills. Prison systems must provide adequate medical care to allow those living with cognitive decline to maintain their dignity and protection to prevent their victimization.  

Durham, NC: Wilson Center for Science and Justice at Duke Law, 2024.  23p.

By: Jay Szkola, Megan J. O’Toole, Sarah Burd-Sharps

On average, at least one gun is stolen from a car every nine minutes in the United States. The rate of gun thefts from cars is triple what it was a decade ago. This includes both consistent increases nearly every year over the decade and a marked spike during the pandemic. A decade ago, roughly a quarter of gun thefts were from cars; in 2022, over half were. Cars parked at residences (in driveways, outside homes, etc.) are the most common source of stolen guns, demonstrating the importance of securely storing guns at all times and locations. Cities in states with the weakest gun safety laws see nearly 18 times the rate of gun thefts from cars as those in states with the strongest gun laws. Memphis, Tennessee—the city with the highest rate of guns stolen from cars— had over 3,000 gun thefts from vehicles in 2022. A range of cities in Massachusetts, New York, New Jersey, and Rhode Island, reported zero gun thefts from cars. 

New York: Everytown for Gun Safety, 2024. 14p.