Routledge Handbook of Evidence-Based Criminal Justice Practices cover

438 pages · 2023

Catalog title1st Edition

Routledge Handbook of Evidence-Based Criminal Justice Practices

By Edelyn Verona · Bryanna Fox

Published
October 31, 2023
Imprint
Routledge
Edition
1st Edition
ISBN
9781003219286

Overview

About this book

Now more than ever, the criminal justice system, and the programs, policies, and practices within it, are subject to increased public scrutiny, due to well-founded concerns over effectiveness, fairness, and potential unintended consequences. One of the best means to address these concerns is to draw upon evidence-based approaches demonstrated to be effective through empirical research, rather than through anecdote, standard practice, or professional experience alone (National Institute of Justice, 2011).

The goal of this book is to describe the most useful, actionable, and evidence-based solutions to many of the most pressing questions in the criminal justice system today. Specifically, this edited volume contains brief and accessible summaries of the best available research, alongside detailed descriptions of evidence-based practices, across different areas of the criminal justice system. It is written so that practitioners and researchers alike can use the text as reference tool in their work and in training the new generation of individuals working to improve the system. Researchers and practitioners in many areas of criminal justice – crime prevention, policing, courts (prosecution, defendants, judges), corrections, sanctions, and sentencing – can reference specific chapters in this book to guide their policy and practice decisions. Although theory is a guide for the practices described, the chapters will address practical issues in implementation and action.

This book overcomes the limitations of previous criminal justice practice books in that it is written as a practice resource and reference guide and spans practices and policies across different sectors of the criminal justice system – from prevention to policing to sanctions and corrections. Each chapter contains a list of action items, based upon the best available scientific research, that can be implemented in practice to address key issues and long standing challenges in the criminal justice system.

Subjects

Behavioral Sciences, Health and Social Care, Law, Politics & International Relations, Social Sciences

Inside the book

Table of contents

Select a chapter to read its abstract.

PartIntroduction

Pages: 10

No chapter abstract available.

Chapter 1Evidence-Based Approaches and Implementation Challenges and Solutions

Pages: 8

This introduction presents an overview of the key concepts discussed in the subsequent chapters of this book. The book describes the most useful, actionable, and evidence-based solutions to many of the most pressing questions in the criminal justice system today. It outlines the practical reasons for agencies and practitioners to implement evidence-based practices and invest in research and evaluation. The book then provides recommendations for reducing the reliance on ineffective and/or unfair programs, policies, and practices and decreasing the potential unintended consequences associated with practices that cannot be eliminated completely (e.g., incarceration). It also explores the practices and overall efficacy of crime prevention initiatives that address critical risk factors for offending. These topics will include multi-component evidence-based strategies that aim to address crime in the community and/or within the justice system. The book focuses on formative contexts for prevention and intervention, including the home, school, community, out-of-home placements, and the juvenile justice system itself.

Part ICrime Prevention

Pages: 74

No chapter abstract available.

Chapter 2Social Disorganization Theory and Community-Based Interventions

Pages: 13

Social disorganization theory encourages researchers to consider “kinds of places” rather than “kinds of people” for understanding why some communities experience more crime than others. It posits that neighborhood structural conditions such as poverty and residential instability are related to crime largely indirectly through neighborhood processes such as collective efficacy. These processes emphasize the importance of mutual trust and the willingness to engage in informal social control for the common good. In this chapter, we review social disorganization theory’s basic tenets; identify useful takeaways for creating evidence-based programs, policies, and practices; and describe three crime prevention strategies that align conceptually with lessons learned from the theory: community violence outreach programs, community-based mentoring and after-school programs for youth, and place-based improvements to the physical environment.

Chapter 3Evidence-Based Employment Practices to Reduce Offending

Pages: 8

The chapter reviews the evidence base about how employment can reduce offending, consistent with the criminological literature on prevention and work involving individuals with a history of criminal involvement. We highlight prior efforts and offer recommendations for future employment-based programing. Specifically, we recommend that efforts should aim to: (1) be reach-in and wrap-around; (2) be holistic, addressing a wide variety of participant risks and needs; (3) focus on improving job satisfaction by pairing individuals with jobs that fit them personally; (4) target identity change toward a prosocial identity; and (5) not be evaluated solely on causality, as program completion can be a beneficial labor market signal as long as the program is voluntary and rigorous. Finally, we emphasize the role of research in developing and evaluating the impact of these recommendations.

Chapter 4Mental Health Interventions and Crisis Response Teams

Pages: 11

Mental health problems are linked to crime, but there is little evidence for a direct relationship, and more data are needed to address the prevalence of mental health problems within the criminal justice system. The multitude of persons with mental health problems who enter the criminal justice system calls for new approaches for diverting these individuals away from the system and addressing their mental health. We provide a bird’s-eye view of the mental health interventions implemented throughout various stages of the criminal justice system, including pre-booking crisis response programs (e.g., crisis intervention teams and co-response models) and post-booking recidivism reduction programs (mental health courts, in-custody cognitive behavioral therapy, and forensic assertive community treatments). Police-based crisis response teams show mixed results, primarily improving officers’ feelings of efficacy for dealing with individuals with mental illness and referring citizens to services but not having appreciable effects on public safety. Post-booking recidivism reduction programs yield some positive results but lack mental health-focused approaches. Last, we provide recommendations for mental health interventions at the community and criminal justice system level.

Chapter 5Opioid Use Disorder, Infectious Disease, and Coordinated Harm Reduction in a Medical Setting

Pages: 11

A coordinated harm reduction system is needed to address health issues that intersect across the health care and criminal justice systems, including opioid use disorders and infectious disease. For example, opioid use disorder encounters span prehospital (e.g., EMS), emergency department, hospital, and community provider points of care delivery. Frequently there are patient interactions that parallel same-time involvement in the legal and healthcare system, necessitating communication between frontline law enforcement and medical providers. In addition, the management of opioid use disorder requires engagement of policy makers, social scientists, public health experts, criminal justice, and healthcare providers. Similarly, comprehensive harm reduction models integrate identification of infectious diseases, including HIV and HCV, linkage of care for patients with disease, linkage of HIV and HCV incidence to injection drug use, build out of acute stabilization programs starting with the emergency department–based medication for opioid use disorder (ED MOUD), and enhancement of community and regional networks of care providers and stakeholders, as well as buy-in of local law enforcement communities to deliver both lifesaving care (e.g. naloxone) and appropriate disposition (e.g. incarceration, transport to hospital, involuntary hold, or leave behind harm reduction supplies), as well as advocacy for medicalization models over criminalization of addiction

Chapter 6Adult Victims of Violence

Pages: 9

Crime victimization can be a traumatic experience that results in numerous negative behavioral, health, and emotional problems, including the perpetration of criminal behavior. Victim services can play an important role in crime prevention, but little research has examined their effectiveness in this way. This chapter provides a brief overview of the consequences of violent victimization and the service programs developed to address the needs of adult crime victims. We discuss three promising practices within victim services: (1) trauma-informed care, (2) culturally competent services, and (3) trauma-focused cognitive behavioral therapy. We also discuss gaps and challenges, including the lack of service use by crime victims and the need for more empirical research to further develop knowledge on “what works” in victim services.

Chapter 7Toward Evidence-Based Human Trafficking Prevention

Pages: 20

Human trafficking prevention efforts primarily focus on intervention after exploitation though raising awareness of red flags. This chapter provides an overview of three types of human trafficking prevention efforts –victim screening tools, K-12 prevention education, and prevention programs designed for vulnerable groups. The review of these programs found that a great number of screening tools primarily serve as invalidated guides for service providers, K-12 educational programs are mandated by only a few U.S. states with limited information on effectiveness, and specialized prevention programs are rarely evaluated. Recommendations for moving toward evidence-based human trafficking prevention include the collection of baseline and trend data of human trafficking at local, state, and national levels required for the impact evaluations of prevention programs. Second, while secondary and tertiary prevention efforts are needed to stem the consequences of human trafficking, we recommended greater emphasis on primary prevention strategies to reduce the incidence of human trafficking.

Part IIJuvenile Justice and Early Interventions

Pages: 43

No chapter abstract available.

Chapter 8School-Based Prevention and Criminal Justice

Pages: 11

Originally used in relation to drug policy, zero tolerance has been defined as a “philosophy or policy that mandated the application of predetermined consequences, most often severe and punitive in nature, and applied regardless of the gravity of behavior, mitigating circumstances or situational context”. Policies and practices consistent with zero tolerance were identified in schools well before the formal emergence of the term in 1989. This chapter provides a brief overview of the proliferation of exclusionary discipline/zero-tolerance policies; their consequences; and the potential effectiveness of school-based preventative practices in minimizing these policies, practices, and the deleterious outcomes. The preschool to prison pipeline, and the zero-tolerance policies which support it, disrupt the bonds between students and teachers in a way that creates a permanent chasm and reinforces the cultural disconnect for students before they gain any positive or beneficial experiences around schooling.

Chapter 9Evidence-Based Criminal Justice Practices

Pages: 10

Youth involved in legal systems are at heightened risk for program underutilization and dropout. As such, outreach and enrichment programs and practices that promote access and cultivate strengths and well-being are a critical component of the service of care continuum. This chapter synthesizes the existing evidence around enrichment-focused programs and the available evidence on their effectiveness and promise. Overall, programs with a strong and consistent outreach component are rare but critical to increasing service utilization. Further, most enrichment programs focus on developing individual skills and healthy relationships, with a smaller subset considering the resource needs of youth; their ability to navigate legal, education, and welfare systems; and enhancing youth culture and community safety. Cross-cutting and effective outreach and engagement strategies include incorporation of program flexibility, strategies to promote youth choice and voice into content and delivery, and individualized programming for young people and families. Programming, implementation, and evaluation recommendations are delineated and provide concrete solutions for incorporating socio-cultural and structural factors into youth programming, promoting success for families through effective outreach and engagement, and systematizing and evaluating these efforts across the legal spectrum.

Chapter 10Juvenile Residential and Out-of-Home Placement

Pages: 6

Previous literature has highlighted a number of concerns about placement of juvenile offenders in residential facilities. Considering costs associated with these placements and ongoing debate about the overall effectiveness of residential care, the development of effective interventions and the use of evidence-based practices in residential placements are of paramount importance. This chapter reviews the literature on juvenile delinquency intervention programs with a special focus on prevention from formal involvement in the juvenile justice system and recidivism. Three categories of interventions were identified: programs designed to keep youth offenders out of the justice system, interventions offered as a part of residential care, and programs that facilitate the transition of youth to the community. Evidence continues to accumulate regarding the effectiveness of these programs. However, provision of trauma-focused interventions, addressing co-occurring needs, and matching offender characteristics to the types of services are essential to achieving successful outcomes.

Chapter 11Juvenile Justice Practices

Pages: 7

Over the last 20 years, there has been a push in the juvenile justice system to use research evidence in practice for programs/policies involving at-risk and justice-involved youth. While numerous data-driven delinquency prevention and intervention programs have been rated as effective in reducing recidivism and ensuring public safety, the most prominent evidence-based practices (EBPs) in juvenile justice focus on risk factors for delinquency, risk and needs assessments, cognitive behavioral therapy, gang prevention, mentoring, and juvenile reentry. Within each of these themes, specific EBPs will be discussed to provide action-oriented solutions that can be implemented in the juvenile justice system, balancing rehabilitation and services with accountability and public safety. These programs include: The Comprehensive Strategy on Serious, Violent, and Chronic Juvenile Offenders; youth level of service/case management inventory; functional family therapy; group violence reduction strategy; Big Brothers Big Sisters; and juvenile reentry practices.

Chapter 12Youth Decision-Making and Juvenile Justice Policy

Pages: 7

Adolescence is a period of human development characterized by exploratory and risky behaviors, reward-oriented focus, greater reliance on peers, and a strong drive towards autonomy. Together, these characteristics interact to not only increase the likelihood that youth will come into contact with the legal system as suspects or defendants but also affect their decision-making in legal contexts. In this chapter, we review several key characteristics of adolescence that impact youth decision-making in two critical juvenile justice contexts – in the interrogation room and the courtroom. We discuss critical decisions (e.g., whether to waive their rights, whether to plead guilty) that youth must make in these contexts and how their developmental characteristics may play a role in their decision making. We end with a discussion of recommendations for relevant juvenile justice policy.

Part IIIPredictors of Crime and Risk Assessment

Pages: 48

No chapter abstract available.

Chapter 13Adverse Childhood Experiences and Offending

Pages: 10

The negative repercussions of heightened exposure to adverse childhood experiences (ACEs) across physical health, mental health, and behavioral outcomes is well elucidated. A growing body of work has extended these deleterious impacts of ACE effects to crime and delinquency, including reoffending among samples with justice system involvement. With respect to juvenile and criminal justice system implications, more limited empirical examination has fortunately indicated the predominant paradigm of targeted intervention to assessed dynamic risk factors is similarly effective for non-exposed individuals and those with substantial traumatic exposure. Unfortunately, however, that work has also demonstrated that the negative effects of ACE on offending/reoffending remain. Promising avenues of service improvement include additional focus on strengths-based approaches and trauma-responsive intervention. As such, a multi-tiered model of 1) prevention; 2) screening, assessment, staff training, and service referrals; and 3) targeted mental health and trauma-specific treatment interventions, coupled with a resiliency-building focus and 4) systems alignment, is suggested.

Chapter 14Early Psychosocial Risk Factors and Implications for Prevention

Pages: 10

Nine important categories of early psychosocial risk factors for offending are reviewed: high impulsivity and attention deficit-hyperactivity disorder, low intelligence and low attainment, low empathy, poor child-rearing and poor parental supervision, child maltreatment and harsh discipline, parental conflict and disrupted families, delinquent peers, socioeconomic deprivation, and poor housing and deprived areas. Methods of targeting these risk factors in risk-focused prevention are also reviewed: child skills training, preschool intellectual enrichment programs, empathy-enhancing interventions, parent training, home visiting programs, functional family therapy, mentoring programs, vocational education and training programs, and Communities That Care. It is concluded that governments in all countries should mount an ambitious program of risk-focused prevention based on these results.

Chapter 15Revisiting the Role of Sanction Risk Perceptions in Deterrence Policy

Pages: 7

According to deterrence theory, variation in individual offending is related to variation in perceived arrest risk, so that as the subjective probability of getting caught for offending increases, the likelihood or rate of offending should decrease. This straightforward idea largely underlies criminal justice policy in the United States, and deterrence remains one of the foremost perspectives in criminology. Nevertheless, skepticism about the theoretical and practical meaning of a risk-crime relationship remains, calling into question the efficacy of deterrence-based policies. In this chapter, we attempt to refocus attention on the mechanisms underlying the formation and maintenance of sanction risk perceptions. Our central argument is that people are generally responsive to sanction threats, and the individual and contextual sources of these threats offer important avenues for manipulating sanction risk perceptions to reduce crime.

Chapter 16Sexual Offence Recidivism and Risk Assessment

Pages: 9

Risk assessment is a core component of correctional decision-making. After providing an overview of sexual recidivism rates, types of risk assessment, and surveys of scale use, this chapter reviews the latest research advances to inform evidence-based practice. For individuals with child sexual exploitation material offences, either the CPORT or Risk Matrix 2000 are defensible to use. Results of actuarial risk scales should not be overridden. Risk should be re-assessed not just post-treatment but after an individual has remained in the community sex offence free for a period of time. We are also beginning to see risk assessment tools to assess protective factors, but research has yet to determine the added value of this type of assessment. Last, although most studies are in research settings, there is evidence that these tools can predict sexual recidivism with large accuracy in the field, but buy-in from staff, managers, and administrators is critical.

Chapter 17Implementation Science and Evidence-Based Violence Risk Assessment

Pages: 10

The fields of violence risk assessment and implementation are both mature but relatively unacquainted, with a mere fledgling association. This manuscript summarizes the state of the discipline of violence risk assessment and describes key principles of implementation science that have concrete utility for those seeking to implement violence risk assessment tools and routines. Principles of implementation science of direct relevance to risk assessment include identifying and solving barriers to implementation, involving and respecting front-line staff, establishing procedures and policies, ensuring adequate resources, auditing fidelity and monitoring progress, training, establishing reliability and validity, and providing ongoing support. The chapter concludes with a bullet-point checklist of implementation objectives to guide those seeking to establish effective risk assessment and management routines and practices.

Part IVPolicing

Pages: 50

No chapter abstract available.

Chapter 18Evidence-Based Police Patrol Practices at Crime Hotspots

Pages: 9

This chapter reviews the evidence-base for police patrol practices and argues that patrol in micro-level hotspots is an evidence-based policing policy. We note, however, that agencies should consider how hotspot patrols might impact police–community relations, be prepared for short-term crime reduction benefits, and consider integrating hotspot patrols into a larger crime reduction strategy. Additionally, we offer recommendations to aid in the implementation of patrol-based strategies by encouraging police agencies to consider five key questions when designing a hotspot patrol initiative: (1) What are the goals of the intervention? (2) What is the definition of a hotspot? (3) What are the components of the strategy? (4) How will officers be held accountable? (5) How will impact be assessed? Finally, we emphasize that more research is needed comparing the effectiveness of different dosages, durations, and modalities of hotspot patrols.

Chapter 19Policing Technology

Pages: 8

This chapter examines the impact of technology on policing, with a focus on the National Integrated Ballistic Information Network (NIBIN), gunshot detection technology (GDT), and real-time crime centers (RTCCs). These innovations have slowly diffused across the policing landscape, and a body of scientific research focusing on their efficacy has begun to develop. The evidence-based literature has indicated that police technology has led to efficiencies in processes; however, there is less evidence available to show they have directly led to public safety or justice-oriented effectiveness. The literature does not adequately address fairness or equity questions, how the introduction of NIBIN, GDT, or RTCC has impacted police-public relationships, or whether it represents a responsible return on investment.

Chapter 20Drug Enforcement and Its Effectiveness

Pages: 7

Drug enforcement commonly employs five broad strategies to disrupt and suppress drug distribution at each stage of production/distribution. Somewhat paradoxically, collectively these drug enforcement activities are modestly successful in making illicit drugs expensive and reducing their availability; however, the empirical research demonstrates that intensifying any one of these individual law enforcement activities is likely to have little additional benefit. The evidence base concerning the effectiveness of traditional and new innovations in drug law enforcement is described.

Chapter 21Evidence-Based Practices for Policing Domestic Violence

Pages: 8

The police response to domestic violence has changed dramatically: from a hands-off approach to one that mandates an arrest be made. Identifying what works in policing domestic violence can be challenging given the often-competing goals of criminal justice system actors and victims of domestic violence. Policies that were once thought to be empirically sound, such as mandatory arrest for domestic violence, have been shown over time to have little deterrent effect and many negative, unintended consequences. Practices that rely on non-traditional policing methods like specialized DV units and second responder programs show some promise at reducing recidivism and increasing victims’ confidence in the system, respectively, while risk assessments may help police better connect victims to social service providers. The future of the police response to domestic violence likely emphasizes the role of community-based interventions over traditional policing strategies.

Chapter 22Interviewing and Interrogations

Pages: 8

Interviewing and interrogation practices have evolved over the past century. “Third degree” methods of physical and psychological coercion were replaced by psychologically manipulative tactics that seek a confession; however, it was not until instances of false confession that led to wrongful conviction came to light that investigative interviewing begin to transition from accusatorial methods to science-based approaches. In this chapter, we review the coercive interrogation methods of the past and their influence on false confessions. We then explore science-based interviewing, discussing the benefits of productive questioning tactics, memory-based tactics, rapport-based approaches, strategic presentation of evidence, and strategic questioning to assess credibility. To conclude, we discuss the need for collaborations between practitioners and researchers as the field shifts to a comprehensive science-based interviewing model.

Chapter 23Evidence-Based Policing Reform and Building Police–Community Relations

Pages: 8

This chapter presents evidence-based recommendations aimed at improving police–community relations, given the clear need to mend these relationships. To do so, police departments must (re)establish trust with citizens via procedural justice practices and increased community engagement, in line with suggestions from the President’s Task Force on Policing. By doing this, citizens will be more likely to comply with the law and collaborate with police to reduce crime and, importantly, to perceive the police as more legitimate. Therefore, this chapter discusses the available literature regarding procedural justice and community-oriented policing (COP) and how to improve police–community relations using these approaches. This chapter also engages the limited, but generally positive, research evaluating the efficacy of policy and training associated with these practices to improve police–community relations and discusses the need for a clear strategy to engage in COP and actionable approaches to implement these approaches across varying contexts and environments. Finally, suggestions on how future research can contribute to our understanding of effective evidence-based policing reforms and ways to build police–community relations are also discussed.

Part VThe Courts

Pages: 66

No chapter abstract available.

Chapter 24Evidence-Based Practices in Prosecution

Pages: 10

Despite a recent flourish of empirical research examining prosecutorial discretion, information on evidence-based approaches to effective prosecution policy remain quite limited. Prosecutors have long been exempt from the empirical scrutiny directed at other court actors and have historically been insulated from large-scale criminal justice policy reforms; however, there are signs that this is beginning to change. A spate of progressive reform efforts has recently been introduced that champions new approaches to defining effectiveness in prosecution, emphasizes new goals such as non-prosecution of low-level crimes and pretrial diversion, and introduces new policy initiatives focused on increasing transparency, accountability, and data-driven approaches to improving fairness and effectiveness in prosecution. This chapter outlines key findings from the empirical research literature, reviews recent policy initiatives, and offers preliminary conclusions and recommendations for advancing knowledge of evidence-based approaches to guiding prosecutorial discretion in punishment.

Chapter 25Defense Decision-Making and Practices

Pages: 8

Defense attorneys act as defendants’ advocates in the court, and ultimately their decision-making is important when considering defendants’ perception of their experience with and ultimate outcomes within the American criminal courts system. Defense attorneys’ decisions are influenced by a combination of legal (e.g., strength of the evidence) and extra-legal factors (e.g., biases, structural influences). Extra-legal factors such as the defense attorneys’ position in the “courtroom workgroup” and number of cases (i.e., their current caseload) are also likely to positively or negatively impact their work and clients’ cases. These topics are especially important when considering that defense attorneys in public defense are overworked and overburdened with cases, which can contribute to stress, burnout, and client concern. We highlight promising programs, policies, and practices such as “client choice” to strengthen the relationship between defense attorneys and their clients, as well as programs to support attorneys, both through training and attorney burnout policies.

Chapter 26Competence to Stand Trial

Pages: 11

When criminal defendants have symptoms of mental illness severe enough to interfere with participation in criminal legal proceedings, courts may find them incompetent to stand trial and order competence restoration services to provide treatment until they can meaningfully understand proceedings, assist counsel, and make legal decisions. Thus, competence restoration is a form of public mental health treatment ordered by criminal courts. But recently, as more criminal defendants are found incompetent, the public mental health system struggles to meet demands for restoration services. This “competency crisis” requires new approaches. Fortunately, a new evidence base of best practices is emerging. Systems must triage services, providing traditional inpatient hospitalization only to defendants who need it urgently, but shift towards community-based and jail-based restoration services for those who do not. Finally, defendants with minor charges and serious illness should be diverted away from criminal justice competency services into robust public mental health services.

Chapter 27Eyewitness Identification

Pages: 7

Eyewitness misidentifications play a role in approximately 70% of the wrongful convictions in the United States that have been overturned because of new DNA evidence. Eyewitness memory, like other forms of trace evidence, is vulnerable to contamination. Since the 1970s, eyewitness scientists have uncovered a number of variables, both within and beyond the criminal legal system’s control, that influence the reliability of witness identifications. In this chapter, the authors describe how characteristics of the witnessing conditions affect the quality of the memory encoded by witnesses and how police procedures influence the accuracy of witness identifications. Finally, they present a series of evidence-based recommendations for best practices in the collection of eyewitness evidence that maximize the probative value of information obtained from eyewitnesses.

Chapter 28Implicit and Ingrained? Reducing Unconscious Bias Among Jurors

Pages: 7

In this chapter, we explain why juror bias is problematic and examine methods for identifying and reducing both explicit and implicit bias. We review the research establishing the failures of voir dire. This process is intended to protect defendants’ right to an impartial jury yet does not effectively root out biased jurors. Improvements to voir dire involve additional questioning to identify explicit bias. Questionnaires administered before trial enable jurors to answer honestly without the pressures of judicial questioning. Yet, questionnaires cannot uncover implicit bias. We end by reviewing two promising efforts to address implicit bias: increasing jury diversity and implicit bias training. We summarize the necessary components of effective implicit bias training and encourage social scientists to collaborate with courts to better understand how this training affects juror decision making.

Chapter 29Judicial Considerations in Sentencing

Pages: 11

There is bipartisan consensus that criminal justice reform is critically needed in the United States. The current criminal justice system is extraordinarily expensive. In fact, in 2020, the Federal Bureau of Prisons – a single agency in the executive branch – had an operating budget exceeding that of the entire judicial branch, a co-equal branch of the government developed by the framers. In Federalist No. 78, Alexander Hamilton stated that a judge has “neither FORCE nor WILL, but merely judgment”. This refrain is no truer than in the realm of sentencing. Federal sentencing judges review lengthy pre-sentence investigation reports prepared by the United States Probation Office, which lay out the personal history and criminal background of the defendants. Since 1987, the predominant solution to sentencing disparities has been the federal sentencing guidelines, a manual of non-binding recommendations from the US Sentencing Commission that inform judges’ sentencing practices.

Chapter 30Problem-Solving Courts

Pages: 10

Although problem-solving drug courts were created to address the issue of substance use among individuals facing significant time in the criminal justice system, the drug court model has allowed other problem-solving courts to emerge throughout the last two decades. Problem-solving courts now offer an array of court options that serve adults, juveniles, families, and veterans. Specifically, adult drug court is highlighted as a method to reduce substance use relapse, reduce recidivism rates among individuals charged with or convicted of a crime, and decrease the likelihood of reoffence. A description is provided of the original Ten Key Components, the transition to implementing the Ten Best Practice Standards of Drug Court, and how this has impacted a local adult drug court in Tampa, FL. Finally, recommendations for future implementation address the need for research and evaluation, assessment of the impact of the Ten Best Practice Standards, and the examination and utilization of problem-solving courts and related resources.

Part VICorrections

Pages: 44

No chapter abstract available.

Chapter 31Correctional Programming

Pages: 10

This chapter focuses on key elements of “what works” in correctional programming, reviewing the extant research through the lens of the risk-need-responsivity (RNR) model and prioritizing findings from quantitative reviews and recent developments in research and practice. Meta-analyses broadly support matching service intensity to risk level, although the evidence for dosage protocols is limited without attention to program content and mode of service delivery. Correctional programs targeting criminogenic need emphasizing skills acquisition yield the largest net effects for recidivism reduction across program foci and justice populations. Further, programs that employ a responsive and individualized style of service delivery yield greater client retention, decreased attrition, and improved treatment outcome. The RNR principles, however, are only as good as their implementation, and attention to treatment integrity and implementation of evidence-based practice is critical to achieving positive program outcomes. We conclude with a series of recommendations stemming from the literature intended to serve as an action-oriented summary of solutions that can be implemented in the field to strengthen correctional programming initiatives.

Chapter 32Incarceration

Pages: 5

Carceral sanctions are used frequently in the United States, with average lengths of imprisonment lasting approximately 3 years. In this chapter, we provide an overview of the complex needs of incarcerated individuals as well as emerging research on crime-producing aspects of the incarceration experience. We also outline a number of evidence-based correctional practices that are important to increasing rehabilitative effects and reducing iatrogenic consequences. These policies include attention to the principles of risk, need, and responsivity (RNR); use of core correctional practices; and implementation of policies that reduce dehumanizing conditions of confinement. We encourage future research that targets meaningful declines in carceral population sizes, assessment and implementation of policies designed to reduce sentencing disparities tied to race and social class, and identification of efforts that would assist with the retainment of humanity during sanctioning.

Chapter 33What Works in Improving Reentry Outcomes? Effective Programs and Recommendations

Pages: 11

Reentry for formerly incarcerated persons remains a significant challenge for criminal justice practitioners and society alike. Consistently high incarceration and recidivism rates, otherwise referred to as the “revolving door”, reflect a need for intervention and a review of “what works” in correctional and community settings for successful reentry. Still, what elements are most effective in such programming remains unclear. The current chapter reviewed evaluations of a range of programs for justice-involved adults designed to improve recidivism and other reentry-related outcomes. Results indicated support for a variety of programs in reducing recidivism, such as secondary/post-secondary education programs, increased social support, CBT-based programs for substance use and criminogenic thinking, and therapeutic communities targeting substance use. Mental health treatment, comprehensive reentry services, and employment training and assistance are less effective in decreasing recidivism but are successful at improving issues associated with reentry such as substance use, unemployment, and mental health problems. Factors that improve reentry success include initiating treatment early (during incarceration) and continuity of treatment from incarceration to the post-release period, targeting high-risk offenders, and ensuring longer-term engagement and program completion. Other policy recommendations for criminal justice practitioners are discussed.

Chapter 34Supporting Healing and Wholeness

Pages: 9

Probation and parole agencies account for the largest number of people under some form of correctional control. During the 1990s and the decades prior, community supervision officers fulfilled a largely administrative function, focusing nearly exclusively on whether a client was meeting court-ordered obligations. The officer was viewed as a behavior change facilitator (e.g., via referring clients to treatment) but was not seen as part of the team directly affecting the desired change. Since the year 2000 there have been many new developments that hold great potential for reshaping community correctional activities into a more rehabilitative and humane enterprise. Evidence suggests we should seek specific traits in supervision staff, such as high emotional intelligence. Likewise we should expand our use of risk/need assessments and adopt responsivity protocol. Finally, we should increase the use of core correctional practice curricula, thereby infusing cognitive behavioral change strategies into regular meetings between officer and client.

Chapter 35Justice-Involved Persons With Opioid Use Disorder

Pages: 7

Individuals involved in the criminal justice system are disproportionately impacted by the opioid overdose crisis. Justice-involved persons are more likely than the general population to have an opioid use disorder and are particularly vulnerable to overdose because they are among the least likely to receive medications and other health services to treat their addiction. Additionally, having an opioid use disorder can contribute to recidivism and rearrest. Unfortunately, most opioid-related interventions overlook the unique needs of justice-involved persons and effective strategies for intervening with this population are rarely discussed. The purpose of this chapter, therefore, is to spotlight the unique risks facing opioid-involved offenders and provide a brief description of effective interventions for this population. Such a discussion could be useful to criminal justice professionals and help guide clinicians serving justice-involved persons.

Part VIIConsiderations for Policy Change

Pages: 58

No chapter abstract available.

Chapter 36Criminal Justice Interventions Against Drug Use and Harms

Pages: 10

This chapter provides a brief review of criminal justice drug policy in the United States and describes the evidence base on the impact of incarceration. Three promising interventions on drug use and crime among persons in the criminal justice system are reviewed. Punitive carceral policies alone are found to have little effect on drug crime recidivism or drug use beyond the temporary effects of incapacitation. Therapeutic communities, medication-assisted treatment, and cognitive behavioral therapies in institutional and community corrections settings are associated with meaningful reductions in recidivism or drug use. Drug courts are a promising means to reduce drug consumption and future criminal justice involvement. Programs that enforce sobriety through the threat of moderate sanctions reduce drug consumption and may reduce misconduct. Evidence from drug legalization is too early and diverse to interpret. Across all evidence-based interventions considered, effectiveness appears to be driven by implementation choices and program fidelity. In many cases, the core determinants of success are often not yet well understood.

Chapter 37Effective Bail Reform Strategies Drawn From a Limited Evidence Base

Pages: 7

Across the United States, local agencies are implementing bail reform strategies in response to state legislative efforts. Legislative efforts have sought to decrease local jurisdictions’ reliance on bail as a primary mechanism of pretrial release. A primary impetus for these efforts is prior research suggesting that bail may do little to reduce pretrial misconduct (i.e., re-arrest and failure to appear) during the pretrial period and may disproportionately harm racial and ethnic minorities. To advance reform efforts, local agencies are expanding non-financial release options, adopting pretrial risk assessment tools to guide release decisions, and developing pretrial supervision programs to provide supervised release to higher risk defendants. Growing research on these reforms suggests variable effectiveness and the need to consider how and for whom pretrial reform strategies are implemented.

Chapter 38Examining Dilemmas About the State of America's Death Penalty

Pages: 16

This chapter will focus on the death penalty, the most extreme criminal penalty in the United States. As a criminal punishment, the death penalty is analyzed pursuant to the Eighth Amendment to the United States Constitution. This chapter will discuss the language of the Eighth Amendment as applied to the death penalty and the history of capital punishment under American jurisprudence. We will review the empirical evidence regarding problems with the death penalty pertaining to arbitrariness in the implementation of the death penalty, racial disparities regarding which victims result in capital charges, a retreat from “evolving standards of decency”, and the risk of executing innocent human beings. Our chapter will further discuss ongoing concerns and broad evidence-based solutions to these problems. Our research into the state of America’s death penalty jurisprudence leads us to the conclusion that abolishment or “disciplined-retention” is the proper way to address capital punishment in America.

Chapter 39Firearm Policy and Regulation in America

Pages: 6

Although the United States experiences nearly 40,000 firearms fatalities each year, there is little consensus on how to best prevent gun violence. This chapter reviews the empirical evidence on four types of common-sense gun regulations, including universal background checks and permit-to-purchase policies, “red flag” laws, concealed carry legislation, and various prohibitions for perpetrators of domestic violence. Prior work suggests that state permit-to-purchase laws, may-issue concealed carry policies, and prohibitions for persons subject to a domestic violence restraining order are associated with a significant reduction in firearm homicide, while “red flag” laws decrease rates of firearm suicide. Findings on universal background checks at point of sale, prohibitions for misdemeanor crimes of domestic violence, and mandatory confiscation laws remain mixed. The chapter concludes by highlighting the challenges facing the field of firearms research and discussing implications for future work and policy.

Chapter 40Mass Incarceration

Pages: 8

Beginning in the early 1970s – and continuing unabated until 2008 – the United States experienced tremendous growth in incarceration for almost four decades. Today, nearly 5% of the world’s population lives in the United States, but 25% of all prisoners globally are behind bars in America. The extraordinary rise in punishment has been accompanied by massive inequalities, with young, Black high school dropouts having borne the brunt of carceral growth. In this chapter, we discuss key federal and state policies that have been recently enacted in order to decarcerate American prisons and jails. In doing so, we pay particular attention to the role of inequality in shaping carceral growth and the ways in which these new policies attempt to mitigate racial disparities in incarceration while drawing down the size of the penal system.

Chapter 41Anti-Racism and Racial Justice in the Criminal Justice System

Pages: 9

This chapter begins by exploring the historical contexts of marginalized communities with intersectional identities and how those events influence contemporary issues in the criminal justice system. In examining the literature for anti-racism and racial justice in the criminal justice system, research findings support the criticality of including diversity and inclusion as aforethought when designing evidence-based programs, policies, and practices. The following responsive programs, policies, and practices will be reviewed: 1) improved efforts in community outreach, 2) reducing racial disparities through individual and organizational levels of the criminal justice system 3) reallocation of less punitive resources, 4) addressing racial impacts of race-neutral policies, and 4) addressing racial impacts of race-neutral policies. A diverse coalition should be leveraged to design and implement action-oriented solutions to effectively address racial inequalities in the criminal justice system.

PartConclusion and Integration

Pages: 13

No chapter abstract available.

Chapter 42Toward Policy Refinement

Pages: 11

This chapter focuses on the various segments of the justice system is important, since the functioning of one element of the system (e.g. policing) can have reverberating effects on individuals as they proceed through other points in the system. First, deterrence enacted by enhanced law enforcement and sanctioning can play an important role in crime reduction, especially when evidence-based patrolling approaches and community policing practices are followed. The second major theme from the chapters in this book is that, alongside evidence-based policing and appropriate sanctions, it is important to address the larger issues that promote crime in communities. Indeed, the evidence clearly indicates that social service, mental health, and needs-based practices should be part of the larger picture. The third major theme, while related to the prior two, is the idea that we need a multi-agency and multi-systemic approach to most effectively address crime, public safety, and positive outcomes for those who encounter the criminal justice system.