Criminal justice theory: A case of trained incapacity?

Theories are scientific tools which give meaning to the social and physical reality that scientists study. They also play a crucial role in generating and storing the information of a discipline. The academic field of criminal justice has a wealth of facts but a dearth of theory. As a result, this field is still only partially developed. This article is a call for greater attention to theory so that the analysis of the criminal justice system and its components can be more fruitful.A survey of 25 criminal justice textbooks published since 1975 shows that the analysis of criminal justice retains a facts-without-theory flavor. For criminal justice as an academic field of study to grow, theory must be integrated much more into criminal justice research and education than has been the case. The theoretical frameworks of such social theorists as Durkheim, Marx, and Weber, among others, are suggested as sources to draw upon to develop an integrated comprehensive theory of the criminal justice system.     

Blended Sentencing Laws and the Punitive Turn in Juvenile Justice

In many states, young people today can receive a “blended” combination of both a juvenile sanction and an adult criminal sentence. We ask what accounts for the rise of blended sentencing in juvenile justice and whether this trend parallels crime control developments in the adult criminal justice system. We use event history analysis to model state adoption of blended sentencing laws from 1985 to 2008, examining the relative influence of social, political, administrative, and economic factors. We find that states with high unemployment, greater prosecutorial discretion, and disproportionate rates of African American incarceration are most likely to pass blended sentencing provisions. This suggests that the turn toward blended sentencing largely parallels the punitive turn in adult sentencing and corrections—and that theory and research on adult punishment productively extends to developments in juvenile justice.     

Integrating the American criminal justice and mental health service systems to focus on victimization

Although most research and policy in the mental health and criminal justice arenas have operated independently of one another, there is a growing consensus suggesting the need for an integration of these two disparate, yet complementary systems. Furthermore, in light of the adverse mental health consequences that often accompany victimization experiences, it is apparent that these two systems should develop and foster overlapping services for crime victims. The research reviewed herein provides an examination of issues such as these, identifies some of the barriers that stand in the way of a successful integration of the two systems, and attempts to provide some guidance and direction for future integrated mental health and criminal justice system approaches. An outline of research gaps and directions for future study are offered for the integration of criminal justice and mental health systems, as such collaborations are likely to alleviate some of the deleterious mental health outcomes evident among crime victims and at the same time reduce the occurrence of repeat victimization.     

Patient inducement, provider priorities, and resource allocation in public mental health systems

Public mental health systems are increasingly facing demands from the criminal justice system and social services agencies to provide services and support in cases in which mental illness contributes to crime, homelessness, or poverty. In this article we analyze how policies from outside public mental health systems affect resource allocation within these systems, using examples from criminal justice. These policies use two types of mechanisms: inducing patients to consume treatment (by offering rewards or imposing penalties) and inducing clinicians to provide treatment (by creating priorities). We propose a classification of these social policies based on whether they affect demand through rewards or penalties or supply through priorities. We then relate the classification to data on patients treated in public systems to evaluate the current prevalence and potential for growth in these outside demands. These inducements impose a set of nonobvious costs on other patients who are not targeted by the policies. Furthermore, they create incentives for both patients and providers to modify their behavior in order to take advantage of rewards, avoid penalties, or better compete for resources with prioritized patients. We consider some policy implications for avoiding unintended consequences of these policies.     

Matching consequences to behavior: implications of failing to distinguish between noncompliance and nonresponsivity

Neither punitive nor therapeutic approaches alone are effective at addressing the dual public health and public safety concerns associated with managing criminal behavior perpetrated by people who have psychiatric and substance use disorders. The optimal solution may instead require the integration of both criminal justice supervision and treatment. Using problem-solving courts (PSCs) as a model, we focus on one dimension of this integrated approach, distinguishing between behavior that stems from willful noncompliance with supervision and behavior that results from nonresponsivity to treatment. First, we discuss the public health and public safety consequences of using singular approaches to address the criminal behavior of this population. We then present lessons learned from PSCs that distinguish between noncompliant and nonresponsive behaviors in making treatment and supervision decisions. Finally, we consider how the concepts of nonresponsivity and noncompliance may be extended, via policy, to probation and parole settings as well as mental health and substance abuse treatment services outside the criminal justice setting in order to enhance public health and safety.     

Retrieving administrative data to assess long-term outcomes: a case study of the 23-year follow-up of the Milwaukee domestic violence experiment

Objectives

To describe how social scientists, criminal justice practitioners, and administrative agencies collected administrative data to follow-up a criminological experiment after two decades. To make recommendations that will guide similar long-term follow-ups.

Methods

A case study approach describes the processes of and sociological benefits to collecting administrative data to assess criminal justice and life-course outcomes.

Results

While maintaining experimental integrity, we developed, executed, and verified processes to retrieve arrest, mortality, and residential data for the experimental subjects, which enabled us to complete the longest ever follow-up of a criminal justice experiment.

Conclusions

When experiments have policy implications, administrative data may be preferable to survey data for assessing primary effects. Successful social science research can be conducted in conjunction with multiple administrative agencies.

     

Stopping the revolving door: a meta-analysis on the effectiveness of interventions for criminally involved individuals with major mental disorders

Faced with high and increasing rates of mental disorder within the criminal justice system (CJS), a range of interventions have been implemented in an effort to prevent continued involvement in criminal activities among this population. A meta-analytic review was undertaken to consider the effectiveness of interventions for criminally involved adults with a mental disorder targeting either improved criminal justice or mental health outcomes. Furthermore, characteristics that were hypothesized to predict better outcomes were examined. Studies that considered sex offender interventions, or focused solely on antisocial personality, intellectual and cognitive, or substance use disorders were excluded. Results assuming a fixed-effects model combining 37 effect sizes from 25 studies (N = 15,678) support the effectiveness of these interventions in terms of reductions in any CJS involvement (d = 0.19 excluding one outlier). Interventions had no significant effect on an aggregate mental health outcome (d = 0.00). However, when considering distinct mental health outcomes, intervention participants had significantly better functioning (d = 0.20) and fewer symptoms (d = 0.12). There were no significant effects of the interventions on mental health service or medication use. Moderator analyses identified seven sample, intervention, and design characteristics that were related to the magnitude of the effect sizes for criminal justice outcomes, and suggest implications for service provision, policy, and research. Results suggested some relationship between intervention effects on mental health and criminal justice reinvolvement, although future research is needed in this area, especially given the absence of mental health outcome data in many studies.     

Criminal Justice Through “Colorblind” Lenses: A Call to Examine the Mutual Constitution of Race and Criminal Justice

A central paradox defines the scholarship of criminal justice and race: while racial disparities manifest throughout the criminal justice system, it is often portrayed as race‐neutral. We identify two central paradigm shifts: one in penology (that focuses on risk) and one in racial ideology (that focuses on colorblindness) that create a perfect storm; criminal justice apparatuses produce an illusion of racial neutrality while exacerbating racial disproportionality. We join an expanding list of scholars encouraging discourse that engages critical race theory on an empirical level and import this approach to the consideration of race within the criminal justice system. We identify issues with the conceptualization and operationalization of race as a variable within criminal justice research and recommend that scholars consider the mutual constitution of race and criminal justice. That is, scholarship must examine and empirically measure how race and criminal justice institutions actively form and inform each other.     

The Hidden Arm of the Law: Examining Administrative Justice in Gun Carry Licensing

Responding to calls to “decenter” American penality beyond the carceral apparatus, this article ethnographically examines administrative process and dissects how it interlocks with criminal justice. To do so, it draws on an admittedly unusual, but theoretically generative, case: administrative gun boards, charged with issuing, denying, revoking, and suspending licenses to conceal carry a firearm. While scholars have examined gun ownership and gun carrying as a social practice, less attention has been paid to gun licensing as a state practice. Drawing on observations of over 900 cases from gun board meetings in two counties in Michigan, this paper examines how administrative process mimics, supplements, and facilitates criminal justice through three mechanisms: procedural pains, in which administrative process resembles criminal justice; parallel punishment, in which administrative process supplements criminal justice through withholding of benefits, entitlements or licenses; and valve‐turning, in which administrative process funnels, or threatens to funnel, claimants into the criminal justice system. Revealing how administrative process and criminal justice become mutually reinforcing, the findings extend and integrate scholarship that shows the material, symbolic, and psychic implications of criminal justice contact, on the one hand, with the increased tendency of administrative contexts to resemble criminal justice institutions, on the other.     

Thinking about the future in criminal justice administration: Trends and implications

This paper utilizes the technology of Futures Research to discuss issues that may confront the criminal justice system in the year 2000. Conceptually, the criminal justice agencies are viewed as a social system which is open to external influence both in terms of organizational design and operation. The specific model of criminal justice agencies is based on the work of Lyman Porter and recognizes three primary factors: 1) contextual factors; 2) structural factors; and 3) behavioral consequences. The specific administrative issues discussed are derived from a series of long term social trends identified by futurist Herman Kahn of the Hudson Institute.     

Wither Criminal Justice? An Argument for a Reformed Discipline

The American criminal justice system fails to achieve justice, reduce crime, and provide equal protection to Americans regardless of their social class, race, and gender. But, criminal justice as an academic area of study has become a popular and fast growing liberal arts major in the United States, churning out tens of thousands to work in the criminal justice system. Given the demonstrable harms caused by criminal justice, which are suffered disproportionately by the least powerful people, academic criminologists and criminal justicians have the obligation to promote a reformed discipline. This article briefly summarizes the evidence of bias in the criminal justice system and then turns to how these biases relate to criminal justice as an academic discipline. Using the war on drugs as an example, I argue that the practice of criminal justice as an academic endeavor runs counter to the goal of promoting social justice in America. One of the ironic conclusions of this article is that criminal justice as an academic discipline must get smaller if we are to achieve larger goals of social justice outlined here. This revised version was published online in July 2006 with corrections to the Cover Date.     

Co-option,coercion and compromise: challenges of restorative justice in Victoria,Australia

Restorative justice (RJ) encompasses a widely diverging set of practices whereby those most affected by crime are encouraged to meet, to discuss the effects of harms caused by one party to another, and to agree upon the best possible redress of harms when appropriate. In its inception in the late 1970s, RJ was conceptualized and developed as an alternative to formal criminal justice practices. Since this time, however, RJ has largely moved from being an alternative to criminal justice practices to an ‘alternative’ practice within criminal justice systems. This institutionalization has resulted in the significant growth of RJ practices, but has also resulted in RJ being used for criminal justice system goals that are at odds with the needs of victims or offenders. This paper examines the use of the Youth Justice Group Conferencing Program in Victoria, Australia. Drawing from interviews with conference conveners, our research highlights problems related to administrative ‘constraints’ and ‘co-options’ in conferencing in terms of referrals, preparation of conference participants, and victim participation. Following presentation of findings, we conclude with a discussion of implications for the use of RJ within a highly institutionalized setting.     

Controlling Immigrants: The Latent Function of Italian Administrative Orders

Enforcement of new—or relatively new—administrative powers targeting control and criminalization of behaviorbehavior has become increasingly common in Italian cities in recent years. Defined as ordinanze sindacali, Mayors’ Administrative Orders (MAOs) have traditionally been among the powers available to mayors to regulate urban life. Under a new national law passed in 2008, their use in controlling undesirable behavior ranging from minor social and physical incivilities to prostitution and social problems like begging and vagrancy has become increasingly common. In this paper, using data from our own research and from national and local studies, we discuss these orders from a new perspective, showing how they have been used in Italy to criminalize statuses and behaviors of a specific vulnerable social group: namely, legal and illegal immigrants. We describe the main features of these administrative tools, their complex interactions with the criminal justice system and immigration laws, and the mechanisms through which they target irregular and regular immigrants and their use of public space. We contextualize their enforcement in Italian cities in the broader development of exclusionary policies against immigrants and in the more general tendency to increase criminalization of groups and behaviors that seem to be part of a common punitive turn in many Western countries.     

也论行政犯的性质及其对行政刑法定位的影响

行政犯的性质问题实质上是一个行政犯与刑事犯以及秩序违反行为的关系问题,行政犯包括对法益的侵害或威胁,属实质性的违法,是对派生性生活秩序的违反,其理念在行政上的合目的性;而刑事犯的理念在于社会正义;应被科以罚金或其他秩序罚的行政法规违反,并不是对行政法规的直接攻击,而是对顺利达到其行政目的而规定的一定义务(即行政义务)的违背。因而应当根据行政犯的特殊性相应适用与普通刑法的一般原则所不同的行政刑法原则。     

Envisioning the next generation of behavioral health and criminal justice interventions

The purpose of this paper is to cast a vision for the next generation of behavioral health and criminal justice interventions for persons with serious mental illnesses in the criminal justice system. The limitations of first generation interventions, including their primary focus on mental health treatment connection, are discussed. A person–place framework for understanding the complex factors that contribute to criminal justice involvement for this population is presented. We discuss practice and research recommendations for building more effective interventions to address both criminal justice and mental health outcomes.     

Uses of Meta‐Analysis in Criminal Justice Research: A Quantitative Review

Meta‐analysis has been adopted in many scientific fields for synthesizing large bodies of research, for evidence‐based development of practical policies, and for empirical resolution of difficult questions. It provides a rigorous, objective, and quantitative strategy to make effective use of an existing body of research, even when the results seem inconsistent and inconclusive. This paper reviews usage of meta‐analysis in research on criminal justice‐related issues and problems over the past three decades, identifying 176 studies published between 1976 and 2006 using meta‐analysis methods on criminal justice topics. Characteristics of these 176 studies are coded and analyzed to identify trends in the use of meta‐analysis by criminal justice researchers, as well as to summarize distinctive variations in how it has been used. A comparison of criminal justice with meta‐analysis usage in other social and applied science fields suggests some hesitation in adopting the methodology.     

Recognition and understanding of goals and roles: The key internal features of mental health court teams

The increasing involvement of people with mental illness in the criminal justice system has led to the formation of specialty programs such as mental health courts (hereafter MHCs). We discuss MHCs and the teams serving these courts. Specifically, we examine team members' perceptions of MHC goals and their own and others' roles on the MHC team. Using a semi-structured interview instrument, we conducted 59 face-to-face interviews with criminal justice and mental health treatment personnel representing 11 Ohio MHCs. Findings from our qualitative data analyses reveal that MHC personnel understand individuals' roles within the teams, recognize and appreciate the importance of different roles, and share common goals. MHCs could foster this level of understanding and agreement by working to recruit and retain individuals with experience in or willingness to learn about both the criminal justice and mental health systems. Future research should explore the impact of MHC team functioning on client outcomes.     

Crime Data,the Internet,and Free Speech: An Evolving Legal Consciousness

Digitization and open access to governmental data have made criminal justice information incredibly easy to access and disseminate. This study asks how law should govern access to criminal histories on the Internet. Drawing upon interviews with crime website publishers and subjects who have appeared on websites, I use legal consciousness theory to show how social actors interpret, construct, and invoke law in a nascent and unregulated area. The analysis reveals how both parties construct legality in the absence of positive legal restrictions: Website publishers use legal justifications, while those appealing to have their online record cleared resort to personal pleas, as opposed to legal remedy. Ultimately, I show how current data practices reinforce structural inequalities already present in criminal justice institutions in a profoundly public manner, leaving website subjects with little recourse and an inescapable digital trail.     

What does cost-benefit analysis add to decision making? Evidence from the criminal justice literature

This paper asks whether undertaking a cost-benefit analysis provides additional information to policy makers as compared to an analysis solely of the effect of an intervention. A literature review identified 106 evaluations of criminal justice interventions that reported both an effect size and measures of net benefit. Data on net benefit and effect size were extracted from these studies. We found that effect size is only weakly related to net benefits. The rank order of net benefits and effect size are minimally correlated. Furthermore, we found that the two analytic methods would yield opposing policy recommendations for more than one in four interventions. These bi-variate findings are supported by the results of multivariate models. However, further research is needed to verify the accuracy of the standard errors on net benefit estimates, so these models must be interpreted with caution.