PUBLIC OPINION AND PENAL POLICY

This article discusses the issue of who should run the penal system 7he major assumption of penal administrators has been that the public was in favor of a punishment policy. This research indicates that the public is not as punishment-oriented as expected, though older respondents gave greater approval to restrictive conjugal visitation policies. Age variations may indicate a change in public opinion. The evidence also indicates that the public is more willing to support such programs as conjugal visits and work release than was previously thought. A willingness for more favorable treatment of inmates was found for those who had some contact with inmates.     

CORRECTIONAL POLICY AND PUBLIC VALUES

Since 1960, research on various options in correctional policy has emphasiz ‘two basic dimensions: the offender and the community. Under the assumptions that the community and the offender are not separable concerns and that the community is a complex system with many different and conflicting elements, this study examines public values regarding several popular correctional options. Data obtained demonstrate two normative clusters, one concerned with retribution and one with rehabilitation. Examination of the social status of respondents suggests a complex relationship between community structure and norms concerning correctional programs. Recommendations for further research are outlined, as well as for ways that correctional officials could reduce public resistance to the programs favored by officials.     

POLICY PREFERENCES OF JUSTICES AND PRESIDENTS

Focusing on the issue of civil rights, this study examines the relationship between policy preferences of presidents and the votes of the Supreme Court justices they appointed. Through content analysis of presidential statements, relatively systematic measures of civil rights policy views for five recent presidents were obtained and compared with the voting records on civil rights of justices they appointed to the Supreme Court. The findings suggest that although a correspondence exists between presidential preferences and judicial votes, presidents have been only moderately successful in appointing justices whose votes reflect presidential preferences.     

INJUSTICE AND IRRATIONALITY IN CONTEMPORARY YOUTH POLICY

Lionel Tate was 12 years old when he killed 6‐year‐old Tiffany Eunick. Tiffany had been staying at the Tate home and, by all accounts, got along well with Lionel. The two were playing at “wrestling” when Lionel decided to try out some moves that he had seen on television. He threw Tiffany across the room, inflicting fatal injuries. Despite the boy's tender age, the prosecutor transferred Lionel to criminal court on a charge of first‐degree murder, an offense carrying a mandatory penalty of life without parole. The boy was given an opportunity to plead guilty to second‐degree murder in return for a sentence of three years incarceration, but he rejected the offer. A jury subsequently convicted him of first‐degree murder. At sentencing, the prosecution recommended leniency, which drew an angry response from the judge: If the state believed the boy did not deserve to be sent to prison for life, why hadn't it charged him with a lesser offense? Without any inquiry into the boy's cognitive, emotional, or moral maturity, the judge imposed the mandatory sentence.¹ Raymond Gardner was 16 years old when he shot and killed 20‐year‐old Mack Robinson.² Raymond lived in a violent urban neighborhood with his mother, who kept close watch over him. He had no prior record. He was an A student and worked part‐time in a clothing store to earn money for college. On the day of the shooting, a friend came into the store to tell Raymond that Mack had a beef with him about talking to a girl, and was “looking to get him.” The victim was known on the street as “Mack the Knife” because he always carried a small machete and was believed to have stabbed several people. To protect himself on the way home, Raymond took the gun kept under the counter of the shop where he worked. As he neared home, Mack and two other men approached and blocked his path. According to eyewitness testimony, Raymond began shaking, then pulled out the gun and fired. Mack ran into the street and fell. Raymond followed and fired five more shots into the victim's back as he lay dying on the ground. Raymond did not run. He just stood there crying. The prosecutor filed a motion in juvenile court to transfer Raymond on a charge of first‐degree murder. The judge ordered a psychological evaluation, which addressed the boy's family and social background, medical and behavioral history, intelligence, maturity, potential for future violence and prospects for treatment. The judge subsequently denied the transfer motion. He found Raymond delinquent and committed him to a private psychiatric treatment facility.³     

SELECTIVE INCAPACITATION,THREE STRIKES,AND THE PROBLEM OF AGING PRISON POPULATIONS: USING SIMULATION MODELING TO SEE THE FUTURE*

Research Summary: The growth of prison populations over the last three decades is a great source of concern for policy makers and observers. One mechanism by which this growth occurs is via sentencing reforms that extend length of stay for certain categories of offenders. This has the effect of aging prison populations, which is problematic for many reasons. Apart from the increased financial burdens entailed in caring for older prisoners, it is also important to consider the intent of reforms in evaluating them. Of late, sentencing reform has become increasingly focused on the selective incapacitation of dangerous offenders. Policies that have the effect of aging the prison population are problematic from this perspective due to the diminishing returns realized with respect to incapacitation as offenders age. Dynamic systems simulation analysis is employed to investigate the likely consequences of recent sentencing reforms that increase length of stay for some offenders. These analyses indicate that the effects of recent reforms may not be as dramatic as some observers have predicted, but they suggest that the consideration of alternatives to incarceration for elderly offenders is warranted from the standpoint of cost considerations as well as that of selective incapacitation. Policy Implications: The results indicate that California's Three Strikes law will not accelerate the rate of growth of the elderly prison population. However, even without increasing the proportional representation of elderly prisoners, the number of elderly prisoners is expected to grow substantially over the next three decades. These prisoners will strain criminal justice system resources while presenting little public safety threat. State criminal justice policy makers and their constituents should closely examine laws that impose very long stays without discretionary release, as these statutes may contribute to the production of elderly prisoners. This problem is particularly pronounced in Three Strikes and other habitual offender laws that use retrospective methods to identify habitual offenders. Additionally, the effects of reforms lengthening stay for some offenders must be considered in light of cumulative effects of sentencing reform resulting in changes to the demographic structure of the prison population overall. Dynamic systems simulation modeling is presented as a valuable policy‐making tool, as it allows the policy analyst to examine the potential impacts of laws in the absence of data suitable for conventional statistical analyses.