Handbook of Issues in Criminal Justice Reform in the United States

"This handbook provides a holistic and comprehensive examination of issues related to criminal justice reform in the United States from a multidisciplinary perspective. Divided into five key domains of reform in the criminal justice system, it analyzes: - Policing - Policy and sentencing - Reentry - Treatment - Alternatives to incarceration Each section provides a history and overview of the domain within the criminal justice system, followed by chapters discussing issues integral to reform. The volume emphasizes decreasing incarceration and minimizing racial, ethnic and economic inequalities. Each section ends with tangible recommendations, based on evidence-based approaches for reform. Of interest to researchers, scholars, activists and policy makers, this unique volume offers a pathway for the future of criminal justice reform in the United States."-- Provided by publisher Acknowledgements Contents Chapter 1: Introduction: The Need for Criminal Justice Reform References Part I: Policing Chapter 2: Policing American Cities: Crisis and Reform from the Seventeenth to the Twenty-First Centuries Policing American Cities: Crisis and Reform from the Seventeenth to the Twenty-First Centuries Early Law Enforcement Modern Policing Arrives in America Early Reform Efforts and Failures The Due Process Revolution Police Power/Police Union Urban Unrest Outside Research Federal Funding Change and Reform After 1975 Community Policing Broken Windows Policing Hotspot Policing Asset Forfeiture Reform Mandatory Domestic Violence Arrest Federal Consent Decrees Litigation as Reform Tool Conclusion References Chapter 3: The Psychology of Race and Policing The Psychology of Race and Policing Racially Disproportionate Policing Outcomes The Psychology of Racially Biased Policing Police Officer Attitudes Stereotypes Dehumanization Social Identity Theory Threats to Social Identities Social Dominance Orientation Contextual-Level Factors’ Effect on Biased Policing Reducing Racial Bias in Policing Conclusion References Chapter 4: Enhancing Police Accountability and Legitimacy Introduction Legitimating the State Monopoly on Violence: What Policing Is for (and What It Isn’t) Hyperlocalization and Institutional Self-Interest Police Culture and White Supremacy Enforcing Race in the History of American Policing Existing Mechanisms for Holding Police Accountable Abolition: Engaging with Alternative Approaches to Public Safety Procedural Justice and Police Legitimacy Achieving Meaningful Legitimacy and Accountability Establish Clear and Consistent National Standards for Police Behavior, and a Federal Leadership Structure to Enforce Them Undertake a National “Truth and Reconciliation” Process Addressing the Full Depth and Breadth of Policing’s Racist History Clearly Delineate Roles and Responsibilities for Disparate Public Safety Functions Remove White Supremacists and Other Racist Police from Public Safety Professions Establish Multiple Complementary Layers of Civilian Oversight, and Directly Involve Highly Affected Communities Apply the Principles of Procedural Justice to the Full Range of Mission-Driven Police–Community Interactions References Chapter 5: Victim-Oriented Police Reform: A Comparative Perspective Introduction Victims of Crime, Vulnerability, and Policing What Is Victim-Oriented Policing? Victim-Oriented Police Reform in England and Wales Victim-Oriented Police Reform in Argentina Victim-Oriented Police Reform in India Victim-Oriented Police Reform in Australia Situating Victims and Vulnerability at the Heart of Victim-Oriented Police Reform References Chapter 6: The Future of Police Reform The Future of Police Reform The Why The How Classical: Internal Classical: External Contemporary: Diminishing Contemporary: Alternatives Trends in How Reformers Seek Change The Who Conclusion References Part II: Policy and Sentencing Chapter 7: Unfinished Innovation: American Sentencing Guidelines Unfinished Innovation: American Sentencing Guidelines Looking Backward Guidelines 101 Darts and Laurels of Sentencing Guidelines Disparity Reduction Data and Transparency Prosecutorial Subversion Mandatory Minimums Supreme Turmoil Moving Forward Creating Conversations Confronting Racial Disparities Expanding the Scope Conclusion References Chapter 8: Racial, Ethnic, Gender, and Economic Sentencing Disparity Extralegal Disparities in Sentencing: An Overview Understanding Sentencing Disparities Conclusion: Recommendations for Reform References Chapter 9: Bail Reform in the United States: The What, Why, and How of Third Wave Efforts Bail Reform Definitions The History of Bail in the United States Movement to Monetary Bail Bail Act of 1966 Bail Act of 1984 Summary of Bail Reform Efforts Over the Years Bail Decision-Making Today Consequences of Bail Pretrial Detention People of Color Indigent Defendants People with Behavioral Health Needs Current Bail Reform Efforts Ending Money Bail Implementing Pretrial Risk Assessment Instruments Addressing Failure to Appear Providing Pretrial Services and Supervision Conclusion References Chapter 10: Case Prosecution: Race, Justice, and Decision-Making Case Prosecution: Race, Justice, and Decision-Making The Prosecutor’s Dual Roles Theoretical Perspectives on Prosecutorial Decision-Making Factors Affecting Prosecutorial Outcomes Case Acceptance at Screening Case Dismissal After Filing Charge Reductions Plea Offers Making Sense of Race and Prosecution Racial Justice and Prosecutorial Reforms Use Data to Examine Performance Publish Public Data Dashboards Conduct Research on Racial Disparities Decline to Prosecute Certain Types of Cases Reduce the Use of Incarceration through Diversion and Charging Practices Conclusion References Chapter 11: Juvenile Sentencing Reform Introduction Get Tough Sentencing Reforms Sentencing Juveniles in Juvenile Court Mandatory Minimum Sentences Juvenile Blended Sentences Sentencing Juveniles in Criminal Courts Capital Punishment Life Without the Possibility of Parole Kids Are Different Sentencing Reforms Sentencing Juveniles in Adult Court Capital Punishment Life Without the Possibility of Parole Sentencing Juveniles in Juvenile Court The Future of Juvenile Sentencing References Chapter 12: Risk Assessment in Sentencing Introduction Punishment Theory Uses of Risk Assessment in Sentencing How Does Risk Assessment Work? Risk, Promotive, and Proxy Factors Types of Instruments Risk Assessment in Practice Risk Assessment in State Sentencing Risk Assessment in Federal Sentencing Empirical Research on Risk Assessment Outcome Studies Does Risk Assessment Reduce Incarceration Rates? How Does Risk Assessment Impact Racial and Ethnic Disparities in Sentencing? Four Challenges for Risk assessment in Sentencing Implications for Practice in Criminal Justice Reform Constructing Democratically Accountable Risk Instruments Increase Education and Training Conclusion References Chapter 13: Criminal Justice Policy Reform Through Researcher–Practitioner/Policymaker Partnerships Introduction Researcher–Practitioner Partnerships Implementation of RPPs Outcomes of RPPs RPP Between FSU and the Florida Senate Criminal Justice Committee Project Initiation Preliminary Discussions Contract Negotiation Data Gathering Project Implementation Team Meetings Project Outcomes Conclusion Supplemental Material: Example Racial/Ethnic Impact Statement Contributors Executive Summary Bill Summary Comparable Legislation and Prior Research Data and Methods for Racial/Ethnic Impact Forecast Results Racial/Ethnic Impact Statement for the Bill References Part III: Supervision and Reentry Chapter 14: The History of Probation and Parole Probation and Parole: A Basic Introduction History of Probation “Bailing on Probation”: Community Supervision in the American Colonies Probation as Charitable Work: Community Supervision in the New America Progressive Probation: Community Supervision in the Early Twentieth Century History of Parole Early Release, “Free and Clear”: Pardons, Commutations, and “Good-Time” Laws “Conditional Liberation”: Release on Parole Conclusions and Implications References Chapter 15: Probation and Parole: From Control to Case Management A Brief Overview of the Principles of Punishment A Brief History of Probation and Parole The Correctional Pendulum The Rehabilitative Ideal Heightened Control Crisis in Corrections Suggested Reforms for the Future of Probation and Parole Summary References Chapter 16: Reimagining Probation Reform: Applying a Coaching Model to Probation Departments Probation Officer as a Coach: Building a New Professional Identity Probation Chief as a General Manager Rule Enforcement vs. Behavioral Change Relationship with People on Supervision Correctional Agency Mission Probation Departments as a Coaching Organization: Three Key Infrastructural Changes Benefits of a Coaching Organization Conclusion: Building a Field for Probation Coaches References Chapter 17: Juvenile Probation Reform: Moving from Surveillance to Effective Intervention Traditional Probation Model and Its Limitations Adolescent Development Applying Adolescent Development Science to Probation Approaches to Probation Reform Bringing Probation in Line with Risk-Need-Responsivity Principles Risk Principle Need Principle Responsivity Principle Limitations of the RNR Model RNR in Practice in Probation: Misdemeanor Services Unit in Lucas County, Ohio Implementing Graduated Response Theoretical Foundations of Graduated Response Principles of Graduated Response Graduated Response in Practice: Opportunity-Based Probation in Pierce County, Washington Reforming Case Management Strategies: Putting It All Together Effective Communication with Youth Engagement of the Family Providing Culturally Appropriate Services Conclusions and Future Directions Policy Recommendations Future Research Agendas Conclusion References Chapter 18: Prisoner Reentry Programs Public Opinion on Incarceration and Reentry General Support for Rehabilitation Specific Support for Reentry Public Belief in Offender Redeemability Types of Reentry Programs In-Prison Programs Community-Based Reentry Programs Continuity of Care The Effectiveness of Prisoner Reentry Programs Empirical Findings on Reentry Programs Accounting for the Weak Effects of Reentry Programs Reasons for Program Failures Reasons for Nonsignificant Findings Conclusion: The Future of Reentry Programs A Theoretical Foundation for Reentry Practice Improving Evaluations and Metrics of Success References Chapter 19: The Pendulum of Community Supervision: The Emergence of RNR, Working Alliance, and Motivational Factors as a Means to Improve Supervision Tensions in the Field: The Sociohistorical Context of Community Supervision The Inception of Probation and Parole in the Context of Rehabilitation The Decline of the Rehabilitative Ideal and a New Penology RNR and the Resurgence of the Rehabilitative Ideal The Crisis of Penological Modernism Evaluation of Sanctions Physical Sanctions Psychological Sanctions Conclusions on Intermediate Sanctions Evaluation of Findings for Rehabilitative Tools Risk-Need-Responsivity (RNR) Cognitive-Behavioral Therapy (CBT) Working Alliance Motivational Interviewing Barriers to WA and MI Strength-Based Approaches Good Lives Model (GLM) Discussion Conclusion: Toward Community Supervision Reform References Chapter 20: Paroling Authorities and the Challenge of Leverage in an Era of Chronic Mass Incarceration Introduction: The Renewal of Interest in Paroling Authorities Paroling Authorities and the Dawn of Chronic Mass Incarceration The Discourse of Reform and the Bifurcation of Penal Policy The Promise of Reform The Bifurcation of American Penal Policy Paroling Authorities and Decarceration In Pursuit of Prison Downsizing: Recommendations for Parole Release Recommendations Use Structured Decision Tools to Prioritize Individuals Assessed as Low Risk for Presumptive Parole Release at the Earliest Opportunity Deploy Presumptive Decision Criteria for Administrative Parole that Reduce the Need to Hear Low-Risk Cases Direct Parole Decision-Making Resources to the Most Serious, High-Risk Cases Within a Hearing Process Bounded by Procedural Integrity Adopt a Presumption of Compassionate Parole Release for Eligible Individuals Presumptive Release Eligibility should be Reached at 15 Years for Individuals with Life Sentences Paroling Authorities, the Length of Sentence, and the Mitigation of Harm References Part IV: Treatment Chapter 21: A History of Psychological Treatment in the Criminal Justice System Transinstitutionalization of the Mentally Ill and the Explosion of the Prison Population Nothing Works Cognitive Behavioral Therapy The Introduction of Relapse Prevention The Risk Need Responsivity Model Positive Psychology/Strength-Based Approaches Self-Determination Theory The Good Lives Model Efficacy of a Strengths-Based Approach Conclusion References Chapter 22: New Directions in the Treatment of Justice-Involved Individuals with Severe Mental Illness Law Enforcement and Emergency Services Established Interventions: Crisis Intervention Teams Emerging Interventions: Co-Response Teams, Mobile Crisis Models, and Pre-Arrest Diversion Combining Models? Initial Hearings and Initial Detention Courts and Jail Established Interventions: Mental Health Courts Emerging Interventions: Co-Occurring Courts? Emerging Interventions: Treatment Within Jails and Prisons Reentry from Jails and Prisons Emerging Interventions: Expedited Medicaid Enrollment Emerging Interventions: Expedited Reentry Services Community Corrections and Community Support Services Established Interventions: Forensic Assertive Community Treatment Emerging Interventions: Specialized Mental Health Probation Teams Emerging Intervention: Technology in Community Support Service Conclusion: The State of the Evidence Across the Sequential Intercept Model References Chapter 23: Treatment of Individuals Who Have Offended Sexually: An Update on Evidence-Based Practice Where Were We? What is New? Treatment Effectiveness Risk/Need/Responsivity (RNR) Model Other Factors Associated with Treatment Effectiveness Conclusion and Implications for Criminal Justice Reform References Chapter 24: Trauma-Informed Treatment Practices in Criminal Justice Settings Trauma and Crime Trauma: What is It, and Why Does It Hurt? The Traumatic Childhood Cultural, Historical & Intergenerational Trauma, Systemic Racism, and the Trauma of Poverty Diagnostic Considerations What Exactly is Trauma-Informed Care? Trauma-Informed Care and Criminal Justice The Anatomy of Trauma-Informed Care What It All Means for Practitioners Useful Questions for Professionals and Organizations Interested in Implementing TIC References Chapter 25: Education Programs Introduction Prison Education Programs A Brief History of Correctional Education Recidivism, Employment, and Cost Effectiveness Benefits of Education Programs Recidivism Post-Release Employment Conclusion References Chapter 26: Treatment of Juvenile Offenders: Toward Multisystemic Risk and Resource Management History of Rehabilitation and Treatment in Juvenile Justice Social-Ecological Framework Interventions Individual-Level Family-Based Functional Family Therapy Community-Based Multisystemic Therapy Multidimensional Treatment Foster Care Overcoming Barriers to Implementation Toward a Multisystemic Risk and Resource Management System in Juvenile Justice References Chapter 27: Therapy with Exonerated Clients: Domains of Need Domains of Need for Therapy Compensation and Exonerated Individuals Variability in Access to Compensation Mental Health Needs and Exonerated Individuals Incarcerated Individuals Generally Mental Health Needs Specific to Exonerees Trauma Emotions Adjustment Relationships Finances Stigma Notoriety Propensity for Offending Education and Jobs Providing Mental Health Services to Exonerees: Analysis and Recommendations Conclusion References Chapter 28: The Role of the Criminal Justice System in Substance Abuse Treatment Introduction A Brief History of Substance Abuse Treatment in the CJS Early System Interventions 1989–Present: From Drug Courts to Justice Mental Health Substance Abuse Treatment in the Criminal Justice System Reentry Movement and Focus on Substance Abuse Treatment Best Practices for Substance Abuse Treatment in the CJS NIDA’s Principles of Drug Abuse Treatment for Criminal Justice Populations Federal Funding Standards Conclusions and Recommendations References Part V: Alternatives to Incarceration Chapter 29: Prevention and Criminal Justice Reform History and Framework of Prevention: A Social–Ecological Perspective The Structure of Prevention and Intervention: Tiered Interventions Racial Disparities and the Overrepresentation of Other Marginalized Groups Prevention by Disbanding the School-to-Prison Pipeline Evidence-Based School Prevention and Intervention Programs Evidence-Based Community Prevention and Intervention Programs The Way Forward and Conclusion References Chapter 30: Police-Led Diversion Programs: Rethinking the Gateway to the Formal Criminal Justice System Reforming the Gateway to the Criminal Justice System: Police-Led Diversion Overview of the History of Police-Led Diversion Exploring the Literature on Cautioning and Diversion Treatments and Conditions with Police-led Diversion The Effectiveness of Out-of-Court Disposals Reduced Reoffending? Reduced Harm? Reduced Victimisation? Increased Victim Satisfaction? Reduced Cost, Simplicity of Process and Ease of Use? Speed of Justice? Improved Public Confidence/Perception? Is Diversion with Conditions More Effective than Those with None? Is Diversion with Conditions More Effective than Prosecution in Court? Domestic Abuse Cases Black and Minority Offenders Female Offenders Mental Health Diversion The Challenge of Implementation Eligibility Screening Needs Assessment Referral and Condition Setting Training, Tracking and Feedback Conclusions and Prospects for Future of Police-Led Diversion References Chapter 31: Prosecutorial Diversion Programs Mass Incarceration in the United States Critical Role of Prosecutors within the Criminal Justice System The Progressive Prosecution Movement Initial Development of PLDPs Review of Contemporary PLDP Models Prosecutors’ Role in Criminal Justice Reform and Smart Decarceration Efforts Suggestions for Future Research and Criminal Justice Reform Efforts Conclusion References Chapter 32: Drug Courts: The Good, the Bad, and the Misunderstood Introduction The Good News Effectiveness Cost-Effectiveness Target Population Best Practices Judicial Status Hearings Multidisciplinary Team Drug and Alcohol Testing Graduated Rewards and Sanctions Substance Use Treatment Complementary Services Culturally Proficient Services Best Practice Standards The Bad News Targeting Criteria Violence Exclusions Drug Dealing Exclusions Suitability Determinations Medication-Assisted Treatment Racial and Ethnic Disparities Jail Sanctions Misunderstood Lessons References Chapter 33: Mental Health Courts Mental Illness and the Criminal Justice System Historical Perspective The Crisis in the Criminal Justice System Advent of Mental Health Courts Mission Paradigm Shifts MHCs in Practice Selection Biases of MHCs Therapeutic Agents and the MHC Team What Works and What Doesn’t Advancing Mental Health Court Reforms Therapeutic Orientation Collaborative Orientation Beyond Criminal Justice: Prevention Prior to MHCs References Chapter 34: Alternatives to Youth Incarceration Introduction What Do We Mean by “Alternatives to Incarceration”? National Data on Youth Incarceration Financial Costs and Other Harms to Youth Juvenile Justice Reform Efforts State Policy Initiatives Probation and Its Enhancements Day or Evening Reporting Centers Group Homes Other Community-Based Treatment Approaches Recommendations for Advancing Juvenile Justice Reform References Chapter 35: Electronic Monitoring as an Alternative to Incarceration as Part of Criminal Justice Reform EM Devices Advantages of Electronic Monitoring Reduce Overcrowding and Financial Costs Wide-Ranging Use Deterrence Measure Reintegration and Rehabilitation Disadvantages of Electronic Monitoring Equipment Issues and Malfunction Who Covers the Cost? Public Perception Limited Information Time-Consuming for Parole and Probation Officers Effectiveness Research Recommendations for EM Implementation Conclusion References Chapter 36: Restorative Justice and Criminal Justice Reform: Forms, Issues and Counter-Strategies Introduction What Is Restorative Justice? Restorative Justice as a Social Movement Restorative Justice as a Set of Values Restorative Justice as a Set of Practices Restorative Justice and Criminal Justice Reform Forms A Sui Generis Sanction Endorsement of Criminalisation Professional Practices Ancillary Justice Coercion and Surveillance Idealised Stakeholders Issues Re-Definition and Co-Optation Reification Obliteration of Personal Differences Counter-Strategies A Vision Some Examples Conclusions: Whither Restorative Justice? References Part VI: Conclusions: The Path Forward Chapter 37: The Future of Criminal Justice Reform The Way Forward Concluding Remarks References Index