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PUNISHMENT

Posts tagged criminal justice
Punishment and Deterrence

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By Johannes Andenaes

Andenaes explores the intricate relationship between punishment and deterrence, shedding light on the complexities of these concepts within the realm of criminal justice. By delving into the various theories and practices surrounding punishment, Andenaes addresses how the fear of punishment can potentially deter individuals from engaging in criminal behavior. Through his analysis, Andenaes underscores the fine balance that must be struck between exacting punitive measures and fostering a deterrent effect to effectively combat crime in society. His work prompts readers to critically examine the role of punishment as a means of deterring future criminal acts, highlighting the nuances and challenges inherent in this multifaceted process.

University of Michigan Press, 1974, 189p

Hobbling: The Effects of Proactive Policing and Mass Imprisonment on Children's Education

By Benjamin Justice

Researchers have written a good deal in the last two decades about the relationship between public education and criminal justice as a pipeline by which public school practices correlate with or cause increased lifetime risk for incarceration for Black and Latinx youth. This article flips the script of the school-to-prison pipeline metaphor by reversing the question. What are the effects of criminal justice on public schooling? Reviewing recent social science research from multiple disciplines on policing and incarceration, this article describes the relationship of criminal justice to public education as hobbling, a social process by which the massification of policing and incarceration systematically compromises the ability of target demographics of American children to enjoy their rights to a free and appropriate public education.

Annual Review of Law and Social Science, vol. 17, 2021. pp 31-51

Substance Misuse and Community Supervision: A systematic review of the literature

By Coral Sirdifield, Charlie Brooker, Rebecca Marples

A narrative systematic review was undertaken of the literature concerning the health of people on probation or parole (community supervision). In this paper, we provide an up-to-date summary of what is known about substance misuse in this context. This includes estimates of the prevalence and complexity of substance misuse in those under community supervision, and studies of the effectiveness of approaches to treating substance misuse and engaging and retaining this population in treatment. A total of 5125 papers were identified in the initial electronic searches, and after careful double-blind review only 31 papers related to this topic met our criteria. In addition, a further 15 background papers were identified which are reported. We conclude that internationally there is a high prevalence and complexity of substance misuse amongst people under community supervision. Despite clear benefits to individuals and the wider society through improved health, and reduced re-offending; it is still difficult to identify the most effective ways of improving health outcomes for this group in relation to substance misuse from the research literature. Further research and investment is needed to support evidence-based commissioning by providing a detailed and up-to-date profile of needs and the most effective ways of addressing them, and sufficient funds to ensure that appropriate treatment is available and its impact can be continually measured. Without this, it will be impossible to truly establish effective referral and treatment pathways providing continuity of care for individuals as they progress through, and exit, the criminal justice pathway.

Forensic Science International: Mind and Law 1 (2020) 100031

Routledge Handbook of Corrections in the United States

Edited by O. Hayden Griffin III and Vanessa H. Woodward

The Routledge Handbook of Corrections in the United States brings together original contributions from leading scholars in criminology and criminal justice that provide an in-depth, state-of-the-art look at the most important topics in corrections. The book discusses the foundations of corrections in the United States, philosophical issues that have guided historical movements in corrections, different types of punishment and supervision, trends in incarceration, issues affecting race, ethnicity, and special populations in corrections, and a variety of other emerging issues.

This book scrutinizes innovative community programs as well as more traditional sanctions, and exposes the key issues and debates surrounding the correctional process in the United States. Among other important topics, selections address the inherent discrimination within the system, special issues surrounding certain populations, and the utilization of the death penalty as the ultimate punishment. This book serves as an essential reference for academicians and practitioners working in corrections and related agencies, as well as for students taking courses in criminal justice, criminology, and related subjects.

NY. Routledge. 2018. 516p.

Alternatives to Prosecution: San Francisco's Collaborative Courts and Pretrial Diversion

By Elsa Augustine, Slissa Skog, Johanna Lacoe and Steven Raphael

 

Criminal justice reform has gained bipartisan support at a national level in recent years. One common reform practice is to divert some defendants from traditional criminal justice proceedings to alternative programs that provide social services or attempt to address underlying drivers of criminal justice involvement. San Francisco referred over 16,000 individuals between 2008 and 2018 through the Collaborative Courts and Pretrial Diversion programs; overall one quarter of filed criminal cases were referred to diversion. A larger share of new filings were referred to diversion in recent years as San Francisco's filing rates decreased at a faster pace than the diversion referral rate. In keeping with the general criminal justice-involved population in San Francisco, individuals referred to diversion programs were more likely to be young men of color than the average San Franciscan. People who were referred to diversion programs had longer criminal justice histories than those whose cases were not referred, but were otherwise demographically similar. Referred cases had lower conviction rates than nondiverted cases, but referred individuals had higher rates of subsequent criminal justice contact, on average. Individuals who were re-arrested after a diversion referral were typically arrested on less severe offenses than the original offenses. While this paper does not present causal estimates of the effects of diversion programs, future research will estimate the impacts of a referral to diversion on case outcomes and subsequent criminal justice contact, among other outcomes.

 

Los Angeles: California Policy Lab, 2020. 36p

Does Cash Bail Deter Misconduct?

By Aurelie Ouss and Megan T. Stevenson

 

Dozens of jurisdictions across the country are engaging in bail reform, but there are concerns that reducing monetary incentives will increase pretrial misconduct. We provide new evidence on this question by evaluating a prosecutor-led bail reform in Philadelphia. In February 2018, Philadelphia’s district attorney announced that his office would no longer request monetary bail for defendants charged with certain eligible offenses. This was an advisory change; bail magistrates retained final say. Using a difference-in-differences approach we find that this policy led to a 22% increase in the likelihood a defendant will be released with no monetary or supervisory conditions, but had no impact on pretrial detention. This provides a unique opportunity to evaluate the primary justification for cash bail: that it provides incentive for released defendants to appear in court. We find no evidence that cash bail or pretrial supervision has a deterrent effect on failure-to-appear or pretrial crime. We argue that one explanation is that asymmetric reputational penalties cause magistrates to set bail higher than necessary. In addition, our study provides evidence on the role of discretion within criminal justice reform. We find that discretion led to racial disparities in implementation, and diluted the impacts of the reform.

Working Paper, 2022. 59p

Tip of the Iceberg: How Much Criminal Justice Debt Does the U.S. Really Have?

By Briana Hammons

Considerable research has uncovered the financial burden and unintended consequences wreaked on the people charged with paying fines and fees. But there has been little, if any, investigation into how much court debt is outstanding or delinquent nationwide. Understanding the full scope of our nation’s criminal justice debt problem is vital to the task of creating an equitable justice system. In an effort to obtain this critical information, the Fines and Fees Justice Center contacted judicial offices and government agencies in all 50 states and the District of Columbia that might have data related to outstanding court debt. We chose to focus our investigation on court debt because courts keep a record of every case, and those records should specify the amount of fines and fees imposed at conviction. We assumed that courts routinely aggregated this data, allowing them to determine the amount of fines and fees assessed. We also assumed that courts would track how much of those fines and fees were actually collected. But for half the country, that is not the case. What this means is that the full extent of our nation’s problem with court debt is shockingly untraceable and unknown. Reliable and current data is necessary to develop informed and effective public policy, and it is a vital tool to accurately judge the efficacy of a particular program and existing practices. In order to intelligently assess policy solutions, we need a complete view of every state’s court debt including, the total amount of fines and fees imposed, assessed, collected, and outstanding and data about the people who owe

  • fines and fees, including eligibility for a public defender or public benefits and charges for which the debt was imposed.

New York: Fines & Fees Justice Center, 2021. 34p.

Handbook on Prisons

By Yvonne Jewkes

This is the most comprehensive and ambitious book on prisons to have been published, a key text for anybody studying the subject and an essential work of reference for practitioners working in prisons and other parts of the criminal justice system. It is especially timely in view of the many changes and debates about the role of prisons and their future organisation and management as part of the National Offender Management Service. A key aim of the book is to explore a wide range of historical and contemporary issues relating to prisons, imprisonment and prison management, and to chart likely future trends. Chapters in the book are written by leading scholars in the field, and reflect the range and depth of prison research and scholarship. Like the Handbook of Policing and Handbook of Crime Prevention and Community Safety the Handbook on Prisons will be the essential book on the subject.

Cullompton, Devon, UK: Willan Publishing, 2011. 809p.