Felony probation: A re-examination of public risk

The California Rand study focused major attention on the potential threat that felons on probation presented to the public. Their findings of a 65% rearrest rate during a 40-month follow-up of 1672 felons raised considerable concern but left one key question unanswered: are those disturbing results unique to California or are they representative of a nationwide crisis generated by the critical prison overcrowding problem? The authors of the present study replicated the Rand report for the State of Missouri in an attempt to answer those questions. A total of 2083 felons from the most urban population of Missouri were tracked for the same 40-month period utilized by Rand, with very different results. The Missouri rearrest rates were found to be a respectable 22%. The obvious conclusion is that felony probation is an effective alternate to prison in Missouri, and the Rand study may not be representative of felony probation in general.     

Patrol officer performance appraisal: Problems and prospects

This article examines the critical role of performance appraisal in the development of police personnel, analyzes various systems for assessing patrol officer performance, and evaluates patrol officer perceptions of the adequacy, utility, and fairness of current appraisal systems.     

法国重罪陪审制度的启示与借鉴

陪审制度具有重要的政治意蕴与司法功能。在法国,对于法定刑较重的重大案件,实行以随机方式抽选一般国民担任陪审员,由陪审员与职业法官组成合议庭,共同审理案件,一起决定定罪量刑的制度。法国重罪陪审制度对于完善我国人民陪审员制度,如构建重罪、复杂案件由陪审团审理的制度,取消对陪审员学历的要求、确立科学的陪审员遴选程序与陪审团评议表决程序方面具有重要的借鉴意义。     

Evaluating programs for men who batter: Problems and prospects

The uncertainty and controversy that surround batterer programs beg more systematic evaluation of program effectiveness. The current national surveys and limited evaluations of batterer programs point to several methodological improvements that include comparisons of program modalities, observation study of the group interaction, and more sensitive measures of abuse. Therefore, suggestions for future evaluations are posed, and continuing problematic areas, such as access to the victim, sensitized responses, selectivity of clients, and community context, are discussed.     

The American jail: Problems,politics, prospects

Discussions of America’s local jails inevitably center around their plethora of problems. Not only are these problems pervasive, but they are also enduring. Numerous proposals have been advanced to improve jail conditions and operations. Most have failed to such an extent that some scholars have speculated that jails are simply immune to reform. It is the contention of this article that most of the problems facing contemporary jails are rooted in the uniquepolitical nature of the jail as an organization. Consequently, serious efforts to affect change in jail conditions must recognize the limited options placed upon jail reforms by the political environment, or they must originate from outside the local political setting.     

Case Dismissed: Police Discretion and Racial Differences in Dismissals of Felony Charges

Prior research has produced conflicting evidence of racial profilingduring traffic stops. We instead analyze rates of case dismissalagainst felony arrestees by race. Superficial bias based on"unobservables" should be reduced because of the evidentiaryrequirements and nonnegligible costs of filing charges. Nonetheless,using data from over 58,000 US felony cases from 1990 to 1998,our probit analysis finds higher rates of dismissals for blacksfor the subset of crimes that rely on police to make snap judgments.This suggests there may be more aggressive policing of blacksin these situations. Case dismissal rates are also elevatedfor both whites and blacks when blacks are underrepresentedon local police forces.     

Symbol and Substance: Effects of California's Three Strikes Law on Felony Sentencing

California's “three strikes and you're out” law is the most notorious example of the wave of mandatory sentencing policies that many states enacted beginning in the late 1970s. While advocates and critics predicted the law would have profound effects on aggregate punishment trends and individual case outcomes, Feeley and Kamin's analysis of previous sentencing reforms suggested the law's impact would be mainly symbolic because local officials would ignore, subvert, or nullify its major provisions. While aggregate analyses have tended to confirm this argument, so far there has been no systematic test of the law's effect on individual cases. This analysis uses multilevel models applied to case‐level data from 12 urban California counties to test hypotheses about shifts in average punitiveness, the relative influence of legal and extralegal factors on sentencing, and the uncertainty of sentencing outcomes. Results mostly support Feeley and Kamin's symbolic interpretation, but also reveal important substantive impacts: since Three Strikes, sentences have become harsher, particularly in politically conservative counties, and black felons receive longer prison sentences.     

Intensive probation: An examination of recidivism and social adjustment

Intensive supervision was began as an extension of regular probation for those offenders who needed closer surveillance. However, in the last decade, Intensive Supervision has been used increasingly as an alternative to incarceration in order to help alleviate the problem of overcrowding in our prisons. In the eight-year period from 1977 to 1985, the prison population of this country has increased 68 percent. In view of this, many states are using intensive supervision as one alternative to reduce commitment rates. This study examines the effectiveness of one such program called the Intensive Treatment Supervision Program which operates out of the Montgomery County Adult Probation Department, Dayton, Ohio. The performances of probationers on intensive supervision are compared to a group of probationers on regular supervision to determine whether intensive supervision, through improved service delivery, can have an impact on high risk probationers and serve as a basis for a program to divert offenders from overcrowded facilities.     

Health care cost-containment regulation: prospects and an alternative.

Regulation of the health care system to achieve appropriate containment of overall costs is characterized by Professor Havighurst as requiring public officials to engage, directly or indirectly, in the rationing of medical services. This rationing function is seen by the author as peculiarly difficult for political institutions to perform, given the public's expectations and the symbolic importance of health care. An effort on the part of regulators to shift the rationing burden to providers is detected, as is a trend toward increasingly arbitrary regulation, designed to minimize regulators' confrontations with sensitive issues. Irrationality and ignorance are found to plague regulatory decision making on health-related issues, even though it is the consumer who is usually thought to suffer most from these disabilities. The author argues that consumer choice under some cost constraints is a preferable mechanism for allocating resources because it better reflects individuals' subjective preferences, has a greater capacity for facing trade-offs realistically, and can better contend with professional dominance of the resource allocation process. In view of the unlikelihood of regulation that is both sensitive and effective in containing costs, the author proposes that we rely primarily on consumer incentives to reform the system. A simple change in the tax treatment of health insurance or other health plan premiums, to strengthen consumers' interest in cost containment while also subsidizing needy consumers, is advocated. Steps to improve opportunities for innovation in cost containment by health insurers, HMOs, and other actors are outlined briefly.     

Intrafamilial Child Sexual Abuse Intervention: The Impact of Juvenile Court Hearings and Felony Trial Diversions

Traditional felony prosecutions of child sexual abusers are problematic because physical evidence is uncommon (Bulkley, 1982b), making the charges difficult to prove. In such instances, the case will hinge on the testimony of the child victim, who may be secondarily victimized by the process. When the accused is a family member, the problem is compounded if the child is afraid to testify against a relative (Costin, et al, 1991). Necessary treatment for the offender andvictim is not forthcoming in traditional felony litigation and the already disrupted family will suffer further. As a corrective response, mental health and legal professionals have collaborated to create innovative intervention strategies in many jurisdictions. In 1981, more than 300 such programs were identified by the National Center on Child Abuse and Neglect (unpublished list). The number is probably higher today. This article investigates child sexual abuse intervention strategies by focusing on three jurisdictions in which felony trial diversions, juvenile court petitions, and treatment programs are intertwined into intervention strategies for first-time, intrafamilial offenders. The purpose of this article is to describe the three programs, then analyze the strategies to determine the type of services each client received.     

Mental disorder and probation policy and practice: A view from the UK

This article is concerned with the manner in which offenders with mental illnesses serving community sentences are identified and treated by the probation service in the UK. It presents the results of recent research examining the prevalence levels of current and lifetime mental illness, substance misuse, and dual diagnosis and suicide rates amongst those serving community sentences in the UK. These high levels of mental disorder are not being addressed by probation policy or practice in a manner that is effective or sensitive. The article concludes by considering the relevance of innovative approaches to the treatment of offenders with mental illnesses in the community currently being adopted in the US to the UK.     

The effect of shock and regular probation upon recidivism: A comparative analysis

Previous studies of shock probation have reported mixed effects with regard to recidivism rates. This particular study compared the attributes of a sample of shock and regular probationers and discovered that type of probation was not significantly related to rearrest rates.     

Meet the new boss: Institutional change and loose coupling in parole and probation

The authors use the institutional theory of organizations to argue that historical changes in parole and probation are ceremonial in the sense that they are aimed at an institutional audience and have had little effect on the day-to-day work of line-level officers. A review of the history of community corrections in the US suggests that parole and probation can be described in four eras, each era marked by a particular pattern of institutional authority and by corresponding changes in the structure, goals, and policies of parole and probation. By loosely coupling the work of street-level parole and probation agents to organizational goals and policies and minimizing caseload problems via surveillance and information-gathering techniques, the day-to-day activity of parole and probation officers has been largely unaffected.     

The Role of Courtroom Workgroups in Felony Case Dispositions: An Analysis of Workgroup Familiarity and Similarity

While pleading guilty has become ubiquitous in criminal trial courts, limited research has focused on the plea process and the factors that influence guilty plea convictions. Numerous theoretical accounts of the plea process highlight the importance of the court actors and their interactions. Based on this research, the current study analyzes the impact of courtroom actor familiarity and similarity on the chosen mode of disposition and the time to disposition. The findings demonstrate that similarity among the actors and familiarity between the prosecutor and judge increase the odds of a plea disposition and reduce the days to disposition. However, familiarity of the defense attorney seems to impede on the informal plea process, such that cases are more likely to proceed to trial when the defense attorney is more familiar with the other actors.