Correctional destabilization and jail violence: The consequences of prison depopulation legislation

Purpose

This study explored the effects of prison depopulation on local jail violence through a general systems perspective – where an abrupt shift in the processing of offenders had the potential to create ripple effects through other organizations – of the criminal justice system.

Methods

In 2011, California passed the Criminal Justice Realignment legislation aimed to reduce prison population by making low-level felony offenders ineligible for state incarceration and diverting those already in state prison for the included offenses from state to county-level community supervision once paroled. This study incorporated bivariate and negative binomial regression analyses to model officially-recorded county jail panel data to estimate the effects of state prison depopulation on California county jails.

Results

Findings demonstrated support for the general systems framework as there was a significant decrease in jail utility in the bivariate analysis and a significant increase in jail violence in the multivariate analysis associated with passage of California’s prison depopulation legislation.

Conclusions

The results supported the notion of an interconnected criminal justice system. Policy implications include the consequences of increased violence on jail operations, the potential for a cadre of habitual offenders, and generalizing these findings to the community.     

美国企业犯罪的审前转处协议研究

美国针对企业犯罪建立了特殊的审前转处程序,办案检察官可以与涉罪企业签署暂缓起诉协议和不起诉协议,如果企业能够在考察期限内完成协议下的义务,则不会被审判和定罪。在美国经济危机时期,该制度较好地为企业的生存和社会公共利益的维护提供了保障。该制度以美国司法部内部的政策性文件为依据,赋予了办案检察官较大的自由裁量权,法院基本无权干预。美国理论界的争论主要围绕三对冲突关系:社会公共利益维护与企业“大到不用判刑”特权的冲突、检察官的转处裁量权与程序正义的冲突、司法部内部行为与立法/司法管辖权的冲突。在我国面临企业犯罪处理困境的当下,该制度及其相关理论能够为我国“司法行政部门帮扶企业”政策的践行提供经验借鉴。     

Jails in the United States: the phenomenon of mental illness in local correctional facilities

During the last decade, the number of mentally ill inmates in local jails has increased while courts have imposed standards of inmate care upon jail administrators which require appropriate treatment of that inmate group. While jail administrators are seeking assistance from mental health agencies as well as additional resources to deal with these problems, little specific information is presently available about the numbers and correlates of jail inmates nationally that are mentally ill; their prior contacts with mental health agencies, criminal histories, employment backgrounds, etc; and the services jails presently offer to that population. In addition, little is known by geographic region or by jail capacity. Such information is essential in developing future strategies to manage that population. This paper is a preliminary contribution to the development of that information. In addition, the data analysis can serve as a base line against which to evaluate in the structure of the mentally ill jail inmate population as well as changes in services provided by jails by comparing this analysis to future jail surveys conducted by the Bureau of Jail Statistics (BJS) or the National Institute of Justice. The research will be a secondary analysis of the Survey of Inmates of Local Jails, 1983, conducted by BJS, (made available through the Inter-University Consortium for Political and Social Research: University of Michigan, First Edition, Fall, 1985, #8274). In general an exploratory approach was used; however, a loglinear model has been asked to further refine and explore the phenomena of the mentally ill in jails.     

White-collar offenders and the jail experience: a comparative analysis

The incarceration experiences of white-collar offenders have received relatively little attention among criminological researchers, and the research that has been conducted has focused on offenders’ experiences in prisons rather than jails. The purpose of this study was to fill this gap by examining approximately 6500 inmates incarcerated in local jails, comparing those classified as white-collar offenders to violent and other non-violent offenders. The differences between offender types based on demographics, psychological adjustment (i.e., mental health issues since arrival to jail), and behavioral adjustment (i.e., institutional misconduct) are examined to see whether white-collar inmates have more difficulty than others adjusting to the jail environment (consistent with the special sensitivity hypothesis). Findings suggest that white-collar jail inmates do not appear to experience symptoms indicative of poor psychological or behavioral adjustment to the jail environment. Implications for policy and future research are discussed.     

Crimes committed by terrorist groups: Theory,research, and prevention

Statement of Purpose: A decline in state-sponsored terrorism has caused many terrorist organizations to resort to criminal activity as an alternative means of support. This study examines terrorists' involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and manufacturing illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. Special attention is given to transnational organized crime. Crimes are analyzed through the routine activity perspective and social learning theory. These theories draw our attention to the opportunities to commit crime and the criminal skills necessary to turn opportunity into criminality. Through these lenses, the research appraises the “successes” and “failures” of terrorists' engagement in crime. Because “failures” can result from law enforcement efforts to (1) interrupt criminal skill development, and/or (2) remove criminal opportunities via technologies and transportation systems, the research represents a best practices approach to the study and control of terrorism. This project was supported by Grant No. 2003-DT-CX-0002 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.     

The spatial distribution of random gunfire: A block-level investigation of physical and social structural conditions

This paper examines the environmental and social structural correlates associated with random gunfire incidents. The study group consists of 273 face blocks and intersections in a selected portion of Dallas, Texas. The data show some locations routinely generate random gunfire, while others remain gunshot-free. The analysis suggests environmental factors are not sufficient to explain random gunfire. Implications for future inquiries are offered. The research for this paper was supported by Grant No. DOJ-OH-6-8971 from the National Institute of Justice. Findings and conclusions of the research reported here are those of the authors and do not necessarily reflect the official position or policies of the U.S. Department of Justice. The authors are indebted to the support from the Dallas Police Department with special appreciation to Sgt. Mark Stallo, Sgt. Bruce McDonald, and Southwest Crime Analyst Mike Edgar. Thanks also go to James Frank from the University of Cincinnati and Kasaundra Tomlin from the University of Central Florida.     

Advocacy in Constitutional Choice: The Cramer Treason Case, 1942–1945

How did advocacy at each level of the federal judiciary help shape the leading decision in American law of treason? This article, adapted from a forthcoming biography of Judge Harold R. Medina, is a case study based on Justice Department archives and the personal papers of Medina, Charles Fahy, and seven Supreme Court Justices. It analyzes the whole case, from the lawyers’standpoint, to illuminate the role of counsel in transforming a minor wartime incident into the first treason case decided on the merits by the Supreme Court and the tribunal's only decision during World War II to limit constitutional war powers. Accenting litigation strategy and the use of history in constitutional interpretation, it is a story also of the struggle by counsel on both sides of the case to uphold high professional standards amid the passions of total war.     

Self-destructing prophecies: Long-term forecasting of municipal correctional bed need

Although municipal jails consume a significant amount of resources and the number of inmates housed in such facilities exploded in the 1990s, the literature on forecasting jail populations is sparse. Jail administrators have available discussions on jail crowding and its causes, but do not have ready access to applications of forecasting techniques or practical demonstrations of a jail inmate population forecast. This article argues that the underlying reason for this deficiency is the inherent unpredictability of local long-term correctional population levels. The driving forces behind correctional bed need render local jail population forecasts empirically valid only for a brief time frame. These inherent difficulties include the volatile nature of jail populations and their greater sensitivity when compared with prison populations to local conditions; the gap between the data needed for local correctional population forecasting and what is realistically available to forecasters; the lack of reliable lead variables for long-term local correctional population forecasts; the clash of the mathematics of forecasting and the substantive issues involved in the interpretation of forecast models; and the significant political and policy impacts of forecasts on local criminal justice systems and subsequent correctional population trends.The differences between the accuracy of short-term versus long-term jail bed need forecasts means that forecasting local correctional bed need is empirically valid for, at best, one to two years. As the temporal cast is extended, longer-term forecasts quickly become error prone. Except for unique situations where jails exist in highly stable local political, social, and criminal justice environments, long-term forecasts of two years or greater are fatally flawed and have little empirical accuracy. Long-term forecasts of local jail bed needs are useful, though, as policy catalysts to encourage policymakers to consider possible long-term impacts of current decisions, but forecasts should be thought of and presented as one possible future scenario rather than a likely reality. Utilizing a demonstration of a local jail forecast based upon two common empirical forecasting approaches, ARIMA and autoregression, this article presents a case study of the inherent difficulties in the long-term forecasting of local jail bed need.     

Constitutional Reform, the Lord Chancellor, and Human Rights: The Battle of Form and Substance

This article examines the impact of the Human Rights Act on the government's constitutional proposals for reform of the role of the Lord Chancellor and the appointment of the judiciary. It also looks at the uncertain acceptance of a 'human rights' culture by the department charged with lead responsibility for its implementation. It concludes that the government went further than was required in reforming the role of the Lord Chancellor. As a consequence, considerable - and possibly undue – weight now hangs on the enlarged role of the Lord Chief Justice. Meanwhile, the Department of Constitutional Affairs and its ministers have rejected the 'rule of law' brief of the Lord Chancellor without clarity as to where such responsibilities might now be adequately located within government.     

Constant costs in the public provision of judicial services

The nature of the cost conditions surrounding the provision of judicial services by state and local governments is examined. It is suggested that these services fit Werner Hirsch’s category of horizontally integrated public services and a priori arguments are presented to support the kypothesis that judicial services are provided under conditions approximating constant costs. Empirical tests for the existence. of scale economies are made which yield results consistent with the constant cost kypothesis. Hence, the conclusion is drawn that differences across states per capita expenditures on count systems ane due primarily to variations in demand factors rather than differences in the sizes of judicial systems. This paper was partially prepared under Grant Number 75-NI-99-0037 from the National Institute of Law Enforcement and Criminal Justice, Law Enforcement Assistance Administration, U. S. Department of Justice. Points of view or opinions stated in this document are the author’s and do not necessarily represent the official position or policies of the U.S. Department of Justice.     

Inmates: Who occupies our jails?

The purpose of this investigation was to identify inmate personal and demographic data that may be used to further define or profile persons with a greater likelihood of being at risk for serving a jail sentence. This study was explorative. The survey administration was similar in format to that conducted by the U.S. Department of Justice. Chaplains were used as survey proctors. Pilot studies were conducted to determine the suitability of survey content. Surveys consisted of 172 items. Subjects included four hundred inmates: males comprised 88.75 percent of the sample, Caucasians 58.25 percent, Blacks 37 percent, Hispanics 3.25 percent and other 1.5 percent of the sample. Respondents ranged in age from 15 to 64 years with an average age of 30.3 years. Less than two percent of the contacted inmates refused participation in the survey. Results are presented for demographic data, select legal/criminal data, select drug and alcohol use data, employment data, health, parent/family data, education data, social data, and “other”.     

Capital Offenders in Texas Prisons: Rates, Correlates, and an Actuarial Analysis of Violent Misconduct

This study analyzed the records of 136 recently incarcerated capital murder offenders in the initial phase (M = 2.37 years, range = 6-40 months) of their life sentences in the Texas Department of Criminal Justice. Prevalence rates of institutional violence were inversely related to severity: potentially violent misconduct (36.8%), assaultive violations (14%), serious assaults (5.1%), and homicides (0%). Consistent with prior studies, factors correlated with assaultive misconduct included age (inversely), prior prison confinement, and concurrent robbery or burglary in the capital offense. A simplified Burgess scale entitled the Risk Assessment Scale for Prison-Capital (RASP-Cap) was moderately successful in identifying varying levels of improbability of committing violence-related misconduct however defined (AUC = .715-.766).     

Back to the future of abortion law: Roe's rejection of America's history and traditions

In Roe v. Wade much of Justice Blackmun's judgment was devoted to the history of abortion in Anglo-American law. He concluded that a constitutional right to abortion was consistent with that history. In Webster v. Reproductive Health Services, 281 American historians signed an amicus brief which claimed that Roe was consistent with the nation's history and traditions. This article respectfully questions Justice Blackmun's conclusion and the historians' claim.     

Sameness and selfhood: The efficiency of constitutional identities in EU law

This article enquires into the formal dimension of constitutional identity by focusing not on what it consists of but on how it is expressed in the different discursive practices developed by constitutional courts. Contrasting constitutional identity as sameness and constitutional identity as selfhood shows that domestic courts can favour either a substantive determination of core constitutional features or a performative approach where the reflexive ability to define oneself prevails. Such a choice conditions the judicial strategies developed in the interactions with the Court of Justice, and their effectiveness. From this perspective, the accommodation in EU law, in light of the respect for Member States' national identity affirmed in Article 4(2) TEU, of these domestic identity claims rooted in the supremacy of the Constitution, depends less on what is asked for than on how it is asked for.     

Law and Politics Reconsidered: A New Constitutional History of Dred Scott

This essay synthesizes recent writing on the constitutional history of slavery, featuring Mark Graber's Dred Scott and the Problem of Constitutional Evil (2006) . It offers a historical and legal analysis of Dred Scott that attempts to clarify the roles of both law and politics in controversial judicial decisions. It joins Graber in rehabilitating Chief Justice Taney's Dred Scott opinion as a plausible implementation of a Constitution that was born in slavery and grew only more suffused with slavery over time. It integrates much recent writing on the social, political, and constitutional history of slavery to develop the context in which the Dred Scott opinions must be read. And it finds that Justice Curtis's celebrated dissent amounted to an unjudicial manipulation of the law, albeit for the higher purpose of striking at the political hegemony of the slaveholding class.
This essay is an abridgement of a longer work ( Leonard 2009 ) that offers, among other things, further analysis of the unjudicial character of Curtis's dissent.     

Finding hidden value through mixed-methodology: Lessons From the Discovery Program’s Holistic Approach to Truancy Abatement

Policy makers often bemoan the shortcomings and inefficiency of youth development and similar social work programs whose effectiveness cannot be demonstrated by quantifiable performance indicators. This study argues, through illustration of the Odyssey Learning Center’s Discovery Program (an alternative school serving rural Southern youth in an abject poverty context), that program value can only be evidenced through a mixed-methodological evaluation design. Reasons precluding traditional statistical analysis and effectiveness determinations are discussed and alternative conceptualizations of program value are considered. This research was funded from Federal Grant Number 2002-JE-FX-0034 from the United States Department of Justice, Office of Juvenile Justice and Delinquency Prevention through the South Carolina Department of Public Safety, Office of Justice Programs. Points of view or opinions stated are those of the researchers and do not necessarily represent the opinion or official position of the United States Department of Justice or the South Carolina Department of Public Safety.     

Constitutional courts as promoters of political centralization: lessons for the European Court of Justice

A cross-section analysis covering up to 42 countries and including the usual control variables shows that central government outlays as a share of general government outlays are significantly larger if the judges of the constitutional or supreme court are independent of the federal government and parliament and if the barriers to constitutional amendment are high. This evidence is consistent with the view that constitutional judges have a vested interest in centralization or that there is self-selection or both. These insights are used to draw lessons for the reform of the European Court of Justice. Self-selection should be reduced by requiring judicial experience—ideally with the highest national courts. The vested interest in centralization could be overcome by adding a subsidiarity court.     

Speech, privacy, and the power of the purse: lessons from the abortion "gag rule" case.

In Rust v. Sullivan, 59 U.S.L.W. 4451 (1991), the US Supreme Court ruled that neither the privacy interests of family planning clients nor the 1st Amendment interests of their counselors prevented the government from banning all discussion of abortions in federally funded family planning clinics. In doing so, the Court also reaffirmed its view that the state and federal legislatures have virtually unlimited discretion in limiting or conditioning social welfare programs, a view having even greater long-term implications for American health policy than the implications of Rust for the constitutional protection of abortion. Rust upheld the Department of Health and Human Services' 1988 directive prohibiting the use of any funds from Title X of the Public Health Service Act (authorizing family planning programs) in programs where abortion is a method of family planning. This means that a clinician may lawfully respond to a client's inquiry about abortion only with a denial that abortion is an option. Thus, while allowing women the constitutional protection to chose an abortion, the Court has allowed the legislature to freely use the power of the purse to discourage or prevent the choice of abortion. Rust's greatest impact may well be in its acceptance of the enormous power wielded by the government over funded activities, especially in health policy. Justice Rehnquist believes there is not constitutional right to health, welfare, or any other government benefit; the legislative branches of the government cannot be required by judicial interpretation of the Constitution to provide any particular benefit or service to anyone. Even when the government chooses to fund a particular benefit, it is free to condition that benefit with virtually no judicially enforceable limits on that discretion.     

Penal harm and unusual conditions of confinement: Inmate perceptions of ‘hard time’ in jail

Despite the increasingly punitive public policies of the past three decades and the concomitant ‘get tough’ rhetoric aimed at reducing prison and jail amenities, little is known about inmates’ perceptions of punishment. Prison and jail administrators often justify their efforts to increase the “pains of imprisonment” for incarcerated offenders on the basis of retribution and deterrence, but these policies appear to be more symbolic than substantive in nature. Using interview data from 232 inmates about to be released from a large county jail renown for its ‘get tough ’ policies, this study examined inmate perceptions of their unusual conditions of confinement. Findings suggest that many of these policies were benign or even counterproductive to the extent that they promoted a defiant response from offenders.     

Construing the Legality of Solitary Confinement: Analysis of United States Federal Court Jurisprudence

American Journal of Criminal Justice - This article analyzes the constitutional parameters of solitary confinement, administrative segregation, and/or punitive isolation within correctional...