Today was not a good day: offender accounts of the incidents that led to their admission to drug court

One method that has been touted to help end mass incarceration is using intermediate sanctions. While intermediate sanctions often present as attractive options, there is evidence that as practiced, these sanctions often result in net widening. One of the most common forms of intermediate sanctions are drug courts, which are often viewed as progressive alternatives to locking up people with substance abuse problems. However, along with the dangers of net widening, scholars have shown that many people admitted to drug courts do not seem to have substance abuse problems and could benefit from lesser criminal justice interventions. In the current study, we analyzed intake data from a drug court to determine: (1) what charge(s) drug participants had and (2) how they became involved with the criminal justice system. Among important findings were that a large number of drug court participants were arrested for the possession of one drug only (often marijuana) and that more than half of participants came to the attention of the criminal justice system through a traffic stop rather than through repeated encounters with the criminal justice system.     

The Politics of Racial Disparity Reform: Racial Inequality and Criminal Justice Policymaking in the States

Racial inequalities in criminal justice are pressing problems for policymakers. Prior literature suggests elected officials promulgate punitive, racially disparate criminal justice policies due to partisanship and racial fears, but scholarship has yet to explain how and why elected officials address racial problems in criminal processing. This article introduces the framework of racial disparity reform policymaking. A racial disparity reform is a policy that seeks to reduce distinctions in criminal justice institutions’ treatment of racial groups. Elected officials pursue these policies due to ideological beliefs in civil rights ideals and political interests in appearing to solve social problems. Using an original database of policy enactments, this article first presents the distribution and types of reform measures adopted by elected officials in all 50 states between 1998 and 2011. It then examines social and political explanations for when state legislatures and executives adopt racial disparity reforms. Policy enactment is predicted by worsening problems of racial disproportion in criminal processing, Democratic control of elected branches, and the absence of judicial efforts to improve racial fairness within a state’s criminal justice system. Similar dynamics encourage the development of different measures types within policies. Such ideological and problem-solving explanations for racial disparity reform show a potential for elected officials to forge more racially just criminal justice practices.     

From the Inside/Out: Greene County Jail Inmates on Restorative ReEntry

The application of criminal justice sanctions is often misguided by a failure to recognize the need for a comprehensive approach in the transformation of offenders into law-abiding citizens. Restorative justice is a growing movement within criminal justice that recognizes the disconnect between offender rehabilitative measures and the social dynamics within which offender reentry takes place. By using restorative approaches to justice, what one hopes of these alternative processes is that the offenders become reconnected to the community and its values, something rarely seen in retributive models in which punishment is imposed and offenders can often experience further alienation from society. In this study, the authors wish to examine factors that contribute to failed prisoner reentry and reintegration and explore how restorative reintegration processes can address these factors as well as the needs, attitudes, and perceptions that help construct and maintain many of the obstacles and barriers returning inmates face when attempting to reintegrate into society.     

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.     

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.     

Improving the Police Complaints System: Stakeholder Collaboration as a Vehicle for Systems Change

Systems change efforts seek to alter the status quo by shifting the form and function of a targeted system. Evaluation is a critical component, yet little research has examined a collaborative forum as a vehicle for change in the criminal justice system. Over 150 citizens and police were brought together to work collaboratively at improving a Canadian police complaints system. Using survey, participant observation, and focus group data, this study investigates the perceptions of this Forum as a vehicle for systems change in police oversight mechanisms. We find the Forum provided both opportunities for, and barriers to, collaborative systems change work. However, these findings need to be understood within the context of police-community relations as fear and mistrust of police influence problem definitions and potential solutions. Therefore, the collaboratives model is not a one-size-fits-all approach to systems change work in the criminal justice system.     

The use of simulation in criminal justice policy evaluation

The criminal justice system is administered at the local level by many independent agencies and departments, often without regard to each other's objectives and often at the expense of overall effectiveness. This study has attempted to relate the primary system goal of crime control to a set of policy alternatives distributed over each criminal justice sector. Specifically, a simulation model based on the techniques of “industrial dynamics” was developed to evaluate combinations of the following policies: speedy trial, no plea bargaining, and restricted bail. Data obtained from the District of Columbia's criminal justice agencies were used to validate the model. The results of the analysis indicate that the system is basically insensitive to small perturbations, but is susceptible to disruption from large changes in input and procedure. Under the given set of assumptions, continuation of current practices will lead to a gradual deterioration in performance that can only be stemmed by large expenditures on manpower and facilities.     

Making space for restorative justice in criminal justice and criminology curricula and courses

Restorative justice, rooted in the practices of indigenous people across the globe, has grown exponentially in both theory and practice since its beginnings in Canada in the 1970s. Restorative justice has influenced the interactions between offenders and victims, helped community members address crime and develop self-efficacy, and changed the way some countries rebuild after a history of oppression. Despite these restorative justice influenced changes, many criminology and criminal justice programs pay scant attention to restorative justice in curricula. This paper will examine ways to include restorative justice in criminal justice and criminology curriculum and the challenges involved in the process. The paper will then examine how the Law and Justice Department at Central Washington University has incrementally added restorative justice components to its curriculum, culminating most recently with the addition of a Community and Social Justice course. The paper will conclude with several examples of classroom activities and assignments that have helped connect students with the theory and practice of restorative justice.     

Transgender Victims and Offenders: Failures of the United States Criminal Justice System and the Necessity of Queer Criminology

The purpose of this article is to highlight the experiences of transgender people within the criminal justice system as both victims and offenders. We contend that queer criminology is both needed and can assist in exploring the experiences of this unique population who face discrimination within the US criminal justice system and who are often ignored within criminological research. The article will provide an overview of transgender people’s general experiences within the criminal justice system and explore influences of cultural stereotypes about transgender people by examining the cases of three transgender victims of violence—Brandon Teena, Gwen Araujo, and Cece McDonald. This article highlights the importance of concepts such as sex, gender, transpanic, transphobia, victim-blaming, and the responses by key players in the criminal justice system (police, courts, and corrections) to transgender victims and offenders.     

Young Cambodians as Victims of Institutional Violence in the Criminal Justice System

Young Cambodians are often the victims of human rights abuses due to their interactions with the criminal justice system. This paper is based on the outcomes of a 6-month research project which gained the perceptions of young male Cambodians who reported that violence within the criminal justice system is normalised and perpetrated by police and prison authorities. The research documented the physical and psychological effects of institutional violence encountered by young people such as problems in reintegrating back to their families and communities. The paper concludes with a number of suggestions regarding the introduction of a juvenile justice system, increased training of police and the introduction of human rights as part of the national school curriculum.     

Accreditation: Is it necessary? Yes!

Few issues in the past decade have aroused the interest of the criminal justice education community as much as accreditation. What accreditation of criminal justice educational programs can and cannot do is currently the subject of national debate. The goals of criminal justice accreditation, the organization of the Criminal Justice Accreditation Council that administers the accreditation project, the costs involved, and the development of accreditation guidelines are analyzed in the following article. The potential advantages and possible pitfalls of accreditation are reviewed, as are some of the legal problems in the accreditation process, such as the confidentiality of accreditation decisions.My purposes in writing this article are (1) to analyze the criminal justice accreditation efforts to date, (2) to present and to expand on the serious issues facing criminal justice education and how these are related to the desirability of having accreditation, and (3) to reflect on the problems thwarting the attempts of criminal justice education to move into a strong accrediting position. This report is meant to provide information, both general and specific, to those in all fields of education who are interested in improving criminal justice education. It is intended to stimulate thought as well as to give this writer's perspective on the accreditation efforts currently being carried out by the Criminal Justice Accreditation Council (CJAC) under the overall leadership of the Academy of Criminal Justice Sciences (ACJS). Educators and administrators often discuss accreditation in relation to their programs. Perhaps this article will clarify some of the issues and encourage a responsible approach to the improvement of criminal justice education.     

The value of restorative justice*

This paper starts by defining restorative justice and analysing its components. It looks at its practical benefits for the criminal justice system and explores the human benefits, not only for victims, but also for offenders, the families of both parties and the community. The experience of restorative justice in juvenile courts in New Zealand is examined in order to highlight the main benefits of the practice. Studies have shown that restorative justice can have positive effects such as reducing reoffending, providing an insight into offending, bringing together victims and offenders and repairing emotional harm. The paper concludes that although restorative justice on its own will not fix all social problems, it has many positive impacts on participants.     

Opiate treatment in the criminal justice system: a review of <Emphasis Type="Italic">crimesolutions.gov</Emphasis> evidence rated programs

As drug control policy reform trends toward marijuana decriminalization, focus will shift to opiate enforcement which, in turn, accentuates substance abuse treatment. While the national offender reentry movement has effected widespread implementation of programming for co-occurring substance abuse and mental health disorders, the practice of Medicated Assisted Treatment (MAT) is nonstandard throughout the criminal justice system despite its evidence based status. This paper observes MAT delivered within and by the criminal justice system as indicated by evidence rated programs and practices listed in the national criminal justice evidence based registry crimesolutions.gov. Observation of these programs’ treatment orientation, client populations, delivery settings, and operational status inform discussion for additional MAT implementation and program registry augmentation.     

刑事司法领域中的民意之解读

民意是客观存在的。信息时代使得民意关注、评价甚至在一定条件下影响司法活动成为可能。刑事司法领域中的民意是公众在对因为某种原因受到社会各界格外关注的刑事案件认知、判断的基础上,根据法律正义的外在社会价值形成的带有普遍倾向和较多道德成分的观点或意见。民意是与案件处理结果有关（直接或潜在）但被国家排斥在刑事诉讼活动之外的一种重要利益的体现。     

The Right to Representation by Criminal Defense Counsel in Ethiopia: A Critical Analysis

This paper explores and critically reflects on the legal foundations and the practice of criminal defense in Ethiopia within the overall due process framework of a fair criminal trial. A brief review of Ethiopian constitutional history shows that the right to representation by legal counsel has been one of the fundamental due process rights granted to accused persons in criminal proceedings. The constitutional right to counsel is, however, not specified by detailed legal provisions. A logical consequence of this is that the enjoyment of this right is fraught with legal and practical problems. While the legal problems, among other things, include obscurity regarding the scope and content of the right, the practical problems include absence of public defense offices at district levels where the vast majority of criminal proceedings take place. Consequently, accused persons appear during trials without the aid of legal counsel; they are in fact deprived of their due process rights and marginalized. This has a number of legal ramifications both to the accused and the criminal justice system. In sum, the constitutional provision of the right to criminal defense counsel is undelivered and remains a hollow promise. It is therefore difficult to uphold the constitutional norms which underlie criminal trial process such as procedural justice, as well as the legitimacy of the government. The justice sectors are responsible to ensuring due process and equal protection. Substantial justice reforms are needed at all levels.     

Mutual Recognition in European Judicial Cooperation: A Step Too Far Too Soon? Case Study—the European Arrest Warrant

Abstract: The European arrest warrant (EAW) is the first and most striking example of the extensive judicial cooperation in criminal matters that is beginning to take place in the European Union. Replacing traditional extradition between EU member states, including the ten accession countries after May 2004, it will operate on the basis of mutual recognition of judicial decisions, thus taking extradition decisions out of the hands of politicians. It rests on the presumption that criminal justice systems are equivalent throughout the EU and that the rights of the defence, in particular, are safeguarded adequately and in a comparable way EU‐wide. However, before the EAW has even been implemented, a number of practical problems are beginning to emerge, in particular in relation to the protection of individual rights and legal certainty in the European judicial space. The way in which these problems are tackled will be a litmus test of the respect for fundamental rights across the EU in the field of justice and home affairs. This article highlights the problems inherent in the rapid development of the principle of mutual recognition and suggests ways in which these problems can be addressed allowing for full protection of fundamental rights within a fully functioning European area of freedom, security, and justice. The EAW will be used to illustrate the prominent features of the emerging landscape of judicial cooperation in criminal matters, providing as it does the most radical example of developments in this field so far and their implications for fundamental rights.     

中国传统刑事司法运作准则之探述

在中国传统刑事司法运作过程中,刑官的具体刑事法行为的采取往往遵循一定的准则。当我们以现代刑事司法理念,立足于挖掘传统刑事司法智慧,考察中国传统刑事司法活动中的抽象准则,我们可以发现它遵循“文书约束”准则,追求“法律之治”。此外,它遵循“据证推事”和“察情推事”准则,并将之作为自己的证据和逻辑基奠;它推崇有限公开准则,以达到教化民众和阻吓犯罪的双重目的;它奉行效率准则,还灵活地采取了协作准则,以保证整个传统刑事司法活动的顺利运行,实现刑官所追求的“无讼”的理想帝国秩序。     

Country Profile: A Review of the New Juvenile Offenders Status in Cambodia

This publication seeks to explore whether the position of juvenile offenders vis‐à‐vis the Cambodian criminal law has changed with the passage of the new criminal legislation and whether this change has been positive or otherwise. The quality of this change will demonstrate to the reader whether the overall process of the reform of the juvenile justice component of the Cambodian system of criminal justice, which spans the last fifteen years and has been funded by the international community, has been a success. The author limited the scope of this inquiry to a comparison between the various domestic laws applicable to juvenile offenders and did not include comparisons with international law, model laws or juvenile laws of other states. Being the first publication of its kind, this analysis limits its claim to the analysis of the relevant statutory provisions rather than ‘practice notes’ which have yet to develop.     

The future of criminal justice administration and its impact on civil liberties

Criminal justice agencies have the means to increase their efficiency and to bring a larger proportion of the population within their net of surveillance and control. In the next twenty or forty years this form of control over citizens will increase. Simultaneously, growing bureaucratic and legal control mechanisms will prevent such control from becoming tyrannous. Over a longer period, given the possibility of a “no-growth” economy and a decline in the social and economic system that supports traditional civil liberties, there is a threat that an efficient criminal justice system would support tyrannous government. In the future tyranny can be avoided by the conscious policy of limiting the full potential of control over citizens by the criminal justice system.     

Designing Programming and Interventions for Women in the Criminal Justice System

Women are the fastest growing segment of the criminal justice population, yet the majority of research on criminal justice populations has been focused on men. Programming and interventions that reduce women’s involvement in the criminal justice system and ameliorate the negative consequences associated with criminal justice involvement are urgently needed. The overall aim of this paper is to provide a comprehensive framework for developing evidence-based, gender-specific programming and interventions to reduce criminal justice involvement and its associated consequences among women in the criminal justice system. The first section of the paper offers a conceptually guided review of the three primary factors that facilitate and complicate women’s involvement in the criminal justice system: victimization; mental disorders; and substance use. In the second section of the paper, findings from focus groups conducted with women on probation or parole identify strategies to engage this population in psychosocial interventions. The third and final section of the paper provides comprehensive recommendations for designing programming and interventions for women in the criminal justice system.