The development,function and future of home furlough programs

Home furloughs are widely recognized as serving valid correctional aims. This was not always the case: when temporary release programs were first established, prevailing penal philosophy emphasized isolation from the community and institutional efforts to achieve inmate reform. It was not until penologists began to address the offender’s post-release adjustment difficulties that temporary release came to be viewed as a valuable aid to offender rehabilitation. Today, the graduation of release that home furloughs can provide make temporary release programs a routine and valuable aspect of correctional programming. Home furloughs can serve a variety of correctional objectives in addition to their principal function of facilitating inmate readjustment to the community. Temporary respites from confinement may humanize the prison experience and promote therapeutic goals. Home visits may act as incentives for good inmate behavior and may serve broader aims than those addressed by more narrowly focused conjugal visiting programs. Finally, observations of the offender’s performance on furlough may assist parole officials in evaluating an offender’s readiness for release. Although the future of temporary release programs is unclear, it appears that the multitude of functions served by home visits will insure their place in correctional programming. However new influences on correctional managers, such as the reforms proposed in the “justice model for corrections,” will undoubtedly modify the administration of temporary release programs and may well lead to some unanticipated consequences for the correctional community.     

<Emphasis Type="Italic">Random Activities Theory</Emphasis>: The Case for ‘Black Swan’ Criminology

In the United States, infamous crimes against innocent victims—especially children—have repeatedly been regarded as justice system “failures” and resulted in reactionary legislation enacted without regard to prospective negative consequences. This pattern in part results when ‘memorial crime control’ advocates implicitly but inappropriately apply the tenets of routine activities theory, wherein crime prevention is presumed to be achievable by hardening likely targets, increasing the costs associated with crime commission, and removing criminal opportunity. In response, the authors argue that academic and public policy discourse will benefit from the inclusion of a new criminological perspective called random activities theory, in which tragic crimes are framed as rare but statistically inevitable ‘Black Swans’ instead of justice system failures. Potential objections and implications for public policy are discussed at length.     

Talking Heads and Bleeding Hearts: Newsmaking, Emotion and Public Criminology in the Wake of a Sexual Assault

Using our own experiences in attempting to ‘do’ public criminology in the wake of a violent sexual assault on our campus, we offer a critique of the emerging public criminology framework. Focusing specifically on tensions between fact and emotion and representations of expertise in the news media, we argue for a greater respect for emotional responses to crime in moving the public criminology agenda forward. We suggest that if public criminology sets as its goal educating the public about crime with an eye towards injecting a counter/critical discourse into ‘get tough’ crime control policies, then public criminologists need to recognize and take seriously the public’s emotions rather than negate them. Drawing on the work of Ahmed (The cultural politics of emotion. Routledge, London, 2004), we suggest that the role of the expert is not to simply inform citizens of the ‘facts’ about crime, but to establish—through emotions—the relationship between themselves and the imagined criminal Other (Young in Imagining crime: Textual outlaws and criminal conversations. Sage Publications, London, 1996). Thus, alongside trying to convince the public to be more ‘rational’ when it comes to crime, critical criminologists must start to accept people’s fear and anger as legitimate reactions and try to redirect these emotions toward more productive ends.     

Alienation and the correctional officer: A multivariate analysis

The increased pressures which have been placed upon correctional institutions in the 1980’s have made the retention of quality correctional officers imperative. Yet many of these officers find prison work to be an unsatisfying experience. This paper attempts to measure levels of alienation among correctional officers and identify factors which may be related to its occurrence. The amount of alienation experienced by 126 correctional officers at a Western state prison was measured utilizing Dean’s Alienation Scale. Alienation levels were found to be related primarily to institutional, and opposed to non-institutional, variables. The implications for correctional administration are discussed.     

“‘That’s a damn good officer any day of the week’: inmates’ perceptions of correctional officers”

Correctional scholars have suggested that research describing the world of imprisonment can help illuminate some of the consequences of incarceration, specifically how individuals experience incarceration and the ways in which these experiences effect their reentry and reintegration into society. The present study examines the perceptions, daily interactions, and relationships between prison inmates and correctional officers from the perspectives of those who have been incarcerated. Qualitative, in-depth interviews of men released from Texas prisons focus on former inmates’ personal experiences and perceptions toward correctional officers while serving time.     

High quality criminal justice education and the role of the community college

Summary We are entering a new era where the demands for quality will include higher expectations of faculty, students, and practitioners. Now is the time for action and decision. Criminal justice education has rapidly matured; rather than being complacent about the progress we’ve made, we should take the lead and become acknowledged as pacesetters for high educational standards. Recommendations for improving the quality of higher education must be considered with sincerity and diligence. The capability for excellence is present in the conscientious faculty residing in each and every criminal justice program. With proper nurturing and support, these faculty would flourish and this excellence come into full bloom. Furthermore, the task of achieving quality education in all fields will not and must not fall to one group for action. We are faced with the necessity of bringing all factions together—teacher, administrator, student, and practitioner—to develop and implement solutions to today’s education problems, not as a last resort, but in recognition of change as a constant reality. The time for change is always now.     

Toward “Safer” and “Better” Communities?: Canada’s Youth Criminal Justice Act,Aboriginal Youth and the Processes of Exclusion

After a decade of high incarceration rates, the Canadian Department of Justice has revised its approach to juvenile justice. Enshrined in the Youth Criminal Justice Act (YCJA), the renewed youth justice system stresses the importance and responsibility of community for crime control. While on the surface the state’s appeals to such programmes as restorative justice seem laudable, caution should be exercised in fully endorsing this approach. While community initiatives have been criticized for “widening the net of social control” and intruding state control deeper into social life, their exclusionary potential is perhaps more troubling. Following Derrida’s metaphysics of presence, I suggest that ‘community’ perpetually finds meaning in opposition to the other. In this environment, Aboriginal youth, who are among the most marginalized in Canadian society, will likely be the most unfavourably effected. This paper does not, however, entirely reject the Act’s appeal to community. Nevertheless, I argue that for meaningful challenges to contemporary constructions of community and youth justice to occur the discursive limits forced upon ‘community’ must be fractured and fashioned in ways that renounce homogeneity. We strongly believe the solution to youth crime is in the community. Give the community the ability to deal with it and they will (Canada 1997).     

White privilege,juvenile justice,and criminal identities: a qualitative analysis of the perceptions and self-identification of incarcerated youth

This study examines in-depth interview data from thirty male juveniles incarcerated in a private correctional facility in the Midwest. Comparing the perceptions and experiences of 14 white male youth with 8 Native American, 4 black, and 4 Latino participants, white privilege was reflected in responses involving perceptions of the self as a ‘criminal’. Youth of all races described the effect of correctional facilities on their self-identification as a ‘criminal’ and youth of color were more likely than white youth to report the feeling that other community members viewed them as criminal before and after being arrested. Overall these findings demonstrate the ‘clean slate’ that white youth begin with compared to youth of color. Ultimately, time spent in a correctional facility appears to liken white youth’s perception of themselves as criminals to the self-identification of youth of color. Policy implications include implementing alternatives to incarceration, such as community service requirements to reintegrate youth into the community and avoid the negative effect of incarceration on the identities of juveniles. For youth of color, reducing racial discrimination is necessary to end the self-fulfilling prophecy and the sense of being labeled a criminal by the community prior to incarceration.     

The costs of class actions: allocation and collective redress in the US experience

Once a preserve of the American legal landscape, the class action device today transcends geographic boundaries. In the past decade, efforts have intensified to establish collective litigation instruments in diverse legal terrains outside the United States—including Europe—often with the common goal of allowing some form of collective legal redress while avoiding perceived disadvantages of class actions in the American experience. Today more than ever, from legislators to litigants to scholars, European reformers face the challenge—and the opportunity—of making fundamental choices about the scope and shape of the collective legal remedies they wish to make available. Choices about the shape of the class action device reflect foundational judgments about the proper allocation of costs, and there is much from the US experience that can inform Europe’s prospective reformers. This article describes the history and current status of class action rules in the US, and then compares class actions and another form of extra-compensatory damages—one type of punitive damages—as means of doing the same thing. Although neither punitive damages of this sort nor class actions generally have traditionally existed in civil law systems, they both—and especially this particular form of punitive damages—can, from an economic view, be made to vindicate the same kind of social cost accounting goals. By considering these legal devices together, we hope to shed light on crucial choices facing Europe as it grapples with how best to provide collective legal redress in light of the lessons of the US experience with class actions.     

Criminalizing Health-Related Behaviors Dangerous to Others? Disease Transmission, Transmission-Facilitation, and the Importance of Trust

Statutes criminalizing behavior that risks transmission of HIV/AIDS exemplify use of the criminal law against individuals who are victims of infectious disease. These statutes, despite their frequency, are misguided in terms of the goals of the criminal law and the public health aim of reducing overall burdens of disease, for at least three important reasons. First, they identify individual offenders for punishment, a paradigm that is misplaced in the most typical contexts of transmission of infectious disease and even for HIV/AIDS, despite claims of AIDS exceptionalism. Second, although there are examples of individuals who transmit infectious disease in a manner that fits the criminal law paradigm of identification of individual offenders for deterrence or retribution, these examples are limited and can be accommodated by existing criminal laws not devoted specifically to infectious disease. Third, and most importantly, the current criminal laws regarding HIV/AIDS, like many other criminal laws applied to infectious disease transmission, have been misguided in focusing on punishment of the diseased individual as a wrongful transmitter. Instead of individual offenders, activities that enhance the scale of disease transmission—behaviors that might be characterized as ‘transmission facilitation’—are a more appropriate target for the criminal law. Examples are trafficking in human beings (including sex trafficking, organ trafficking, and labor trafficking), suppression of information about the emergence of infection in circumstances in which there is a legally established obligation to disclose, and intentional or reckless activities to discourage disease treatment or prevention. Difficulties remain with justifications for criminalizing even these behaviors, however, most importantly the need for trust in reducing overall burdens of disease, problems in identifying individual responsible offenders, and potential misalignment between static criminal law and the changing nature of infectious disease.     

Bureaucrats’ corruption and competition in public administration

Competition in public administration is often advocated as a solution to bureaucrats’ corruption. However, there are no well developed analyses of how competition could succeed and the issue of its detailed design has not been carefully addressed so far. In this paper, we put forward a series of models that help understand what competition in public administration can actually accomplish. We distinguish two different shapes that corruption may take: bribery and extortion, and we demonstrate, under the usual assumption of asymmetric information as to the honesty of the bureaucrats, that while competition is effective in fighting extortion it exacerbates bribery. Given that corruption normally manifests itself simultaneously under the two different shapes, an anti-corruption policy based upon competition is bound to face a serious trade-off: trying to curb one of them through competition implies making the other worse. This result holds, with some differences, under exogenous and endogenous bureaucrats’ “honesty”. The dual aspect of corruption is probably one of the most serious—and so far largely neglected—obstacles to any effective anti-corruption policy.     

The place of public fear in sentencing and correctional policy

Public opinion about sentencing and correctional issues has emerged in recent decades as a salient topic in criminology. Empirical studies have suggested that the public has dynamic perceptions about these criminal justice issues. Sentencing and correctional policy have become key issues confronting legislators and policymakers, as correctional budgets and public interest in these areas have increased. Despite the focus on public opinion about sentencing and corrections, previous research has largely ignored how the public feels about the role of policymakers regarding these issues, and what influences opinions about whether public fear should be an important consideration in policy decisions. The current study partly replicated the work of Cullen and colleagues by examining perceptions of crime salience, crime causation, goals of the criminal justice system, and attitudes towards imprisonment and rehabilitation. It uniquely examined perceptions about the importance of legislator consideration of a specific determinant, namely, public fear, in decision making about sentencing and correctional policy.     

One perspective on sentencing reform in the United States

Summary and Conclusion The most difficult part of constructing a system of criminal sentencing is to be able to give a rationale for each sentence. Historically, this has been an unsurmountable hurdle because it required reformers to resolve the irresolvable conflict between utility and desert as sentencing goals and to measure the immeasurably complex relative utility of the alterative utilitarian strategies of deterrence, incapacitation, and rehabilitation. The good news is that we need not try to leap these insurmountable hurdles: the greatest utility is found in a desert distribution of liability and punishment. By following desert, the criminal law can establish its moral credibility with the public and thereby harness the real sources of social control—the power of social sanctions and internalized norms. In the context of criminal sentencing, this means the system must establish a reputation for giving offenders the precise amount of punishment they deserve. Despite the utilitarian importance of desert, however, nondesert concerns can govern the selection of the sanctioning method. As long as the total punitive bite of all aspects of an offender’s sentence is what the offender deserves, judges otherwise can be left free to construct the sentence they think will best avoid future crime. With a system of punishment units and punishment equivalencies, a desert-based determination of the amount of punishment can co-exist with a selection of sanctioning methods looking to nondesert, utilitarian considerations, such as the need for deterrence, incapacitation, and rehabilitation. This essay is based upon lectures given at the United Nations Asia and Far East Institute (UNAFEI) for the Prevention of Crime and the Treatment of Offenders in Fuchu, Tokyo, Japan. B.S., Rensselaer Polytechnic Institute 1970; LL.M., Harvard University 1975; J.D., University of California-Los Angeles 1973; Dip. Leg. Stud., Cambridge University 1976.     

One perspective on sentencing reform in the United States

Summary and Conclusion The most difficult part of constructing a system of criminal sentencing is to be able to give a rationale for each sentence. Historically, this has been an unsurmountable hurdle because it required reformers to resolve the irresolvable conflict between utility and desert as sentencing goals and to measure the immeasurably complex relative utility of the alterative utilitarian strategies of deterrence, incapacitation, and rehabilitation. The good news is that we need not try to leap these insurmountable hurdles: the greatest utility is found in a desert distribution of liability and punishment. By following desert, the criminal law can establish its moral credibility with the public and thereby harness the real sources of social control—the power of social sanctions and internalized norms. In the context of criminal sentencing, this means the system must establish a reputation for giving offenders the precise amount of punishment they deserve. Despite the utilitarian importance of desert, however, nondesert concerns can govern the selection of the sanctioning method. As long as the total punitive bite of all aspects of an offender’s sentence is what the offender deserves, judges otherwise can be left free to construct the sentence they think will best avoid future crime. With a system of punishment units and punishment equivalencies, a desert-based determination of the amount of punishment can co-exist with a selection of sanctioning methods looking to nondesert, utilitarian considerations, such as the need for deterrence, incapacitation, and rehabilitation. This essay is based upon lectures given at the United Nations Asia and Far East Institute (UNAFEI) for the Prevention of Crime and the Treatment of Offenders in Fuchu, Tokyo, Japan. B.S., Rensselaer Polytechnic Institute 1970; LL.M., Harvard University 1975; J.D., University of California-Los Angeles 1973; Dip. Leg. Stud., Cambridge University 1976.     

Organized crime and the political-criminal nexus in China

The research goals of this study, undertaken on behalf of the National Strategy Information Center (NSIC), were to describe the evolution of the political-criminal nexus (PCN) in China and predict its development, examine the causes and patterns of PCN in China, assess the anticipated threats of Chinese PCN, and identify options for external factors—inside and outside government—to weaken PCN in China. The researchers used a variety of techniques as part of an overall exploratory methodology, including interviews and field observations in three Chinese provinces. Key informants included law enforcement officers, government officials, scholars, prosecutors, judges, businessmen, and underworld figures. Interviews and site visits were supplemented with the review of a large collection of English and Chinese literature on the subject. The major findings are (1) in China, PCN is primarily a nexus between gangsters and low- and mid-level government officials from the criminal justice system; (2) the Chinese government is concerned with the problem of PCN mainly because it is eroding the authority of the Chinese Communist Party (CCP), and not because of the threat of organized gangs to social and economic stability; (3) organized crime in China is going to be a local problem for many towns and cities in the foreseeable future; (4) reasons for the development of PCN in China could be categorized as economic, structural, social/cultural, and psychological/ideological and the impact of PCN could be categorized as social, economic, and political; and (5) several options exist for external governmental and nongovernmental measures to curb or at least control PCN in China, including research, education, and judicial reform.     

Making Corrections Corrective

Revising the sentencing procedural process for convicted offenders is identified as being a key intervention point in reforming the current ineffective correctional system. A new procedural system for determining the disposition of convicted individuals is advanced which is designed to make correctional supervision more effective in curbing recidivism. If this proposed system is adopted by other countries, the rate of recidivism will be substantially reduced. Included in the recommendations are: requiring extensive testing of offenders' needs and goals in a community-based center prior to sentencing, reassignment of sentencing responsibility from criminal trial judges to a Dispositions Board, and giving supervisees an option to develop achievement contracts guaranteeing supervision release upon completion of the contract terms.     

Legitimacy in corrections

Research Summary
To extend research on legitimacy to the correctional system, we study a sample of 202 adult inmates randomly assigned to serve their 6-month sentence at one of two institutions—a traditional prison or a military-style correctional boot camp. Findings show that perceptions of justice system legitimacy changed during the course of incarceration, that the prison (but not the boot camp) proved delegitimizing, and that certain regime characteristics explained why.
Policy Implications
Across academic disciplines, studies continue to link compliance with perceived legitimacy. Compliance with the law, for instance, is related closely to the legitimacy of the justice system and its actors. These findings suggest implementing legitimacy-building policies such as procedurally fair treatment and decision making by police officers and judges. This article, by finding legitimacy to be malleable even at the final stage of the justice process, proposes the efficacy of similar policies in the correctional system. As research from England and Wales has shown, legitimizing strategies in this context could increase compliance both during and after incarceration.     

Crossing the Line: A Quantitative Analysis of Inmate Boundary Violators in a Southern Prison System

The majority of current research on inappropriate relationships between correctional staff and inmates involves a qualitative approach. This study sought to provide a quantitative analysis of these boundary violators by self-report data, which was provided by male inmates in a southern prison system. Building upon research by Allen and Bosta (Games criminals play. Susanville, CA: Rae John Publishers, 1981) and Marquart et al. (Justice Quarterly 18:877–910, 2001) the inmates were divided into two distinct categories: Inmates who indicated “No relationship”, and those inmates who were “boundary violators”. This study examined the differences between these two categories utilizing demographic characteristics, custody level, and attitudes and prison behavior. Significant differences were found in boundary violator attitudes about female correctional officers and the behavior they exhibit in the presence of females.     

The Effect of Childhood Sexual Abuse on Psychosexual Functioning During Adulthood

The study examined whether and how characteristics of childhood sexual abuse and disclosure influenced three dimensions of psychosexual functioning—emotional, behavioral and evaluative—during adulthood. The sample included 165 adults who were sexually abused as children. The General Estimating Equation was used to test the relationship among the predictors, moderators and five binary outcomes: fear of sex and guilt during sex (emotional dimension), problems with touch and problems with sexual arousal (behavioral), and sexual satisfaction (evaluative). Respondents who were older when they were first abused, injured, had more than one abuser, said the abuse was incest, and told someone about the abuse were more likely to experience problems in at least one area of psychosexual functioning. Older children who told were more likely than younger children who told to fear sex and have problems with touch during adulthood. Researchers and practitioners should consider examining multiple dimensions of psychosexual functioning and potential moderators, such as response to disclosure.