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Today, we know that crime is often not just a matter of making bad decisions. Rather, there are a variety of factors that are implicated in much criminal offending, some fairly obvious like poverty, mental illness, and drug abuse and others less so, such as neurocognitive problems. Today, we have the tools for effective criminal behavioral change, but this cannot be an excuse for criminal offending. In The Future of Crime and Punishment, William R. Kelly identifies the need to educate the public on how these tools can be used to most effectively and cost efficiently reduce crime, recidivism, victimization and cost. The justice system of the future needs to be much more collaborative, utilizing the expertise of a variety of disciplines such as psychology, psychiatry, addiction, and neuroscience. Judges and prosecutors are lawyers, not clinicians, and as we transition the justice system to a focus on behavioral change, the decision making will need to reflect the input of clinical experts. The path forward is one characterized largely by change from traditional criminal prosecution and punishment to venues that balance accountability, compliance, and risk management with behavioral change interventions that address the primary underlying causes for recidivism. There are many moving parts to this effort and it is a complex proposition. It requires substantial changes to law, procedure, decision making, roles and responsibilities, expertise, and funding. Moreover, it requires a radical shift in how we think about crime and punishment. Our thinking needs to reflect a perspective that crime is harmful, but that much criminal behavior is changeable.
Sentencing guidelines & intermediate sanctions are two of the most significant criminal justice policy developments in recent decades. Half the States have adopted or considered statewide guidelines; & in early 1997, sentencing commissions were at work in more than 20 States. Intermediate sanctions have proliferated since 1980. This report describes separately the past 20 years of the respective policy & research developments of sentencing guidelines & intermediate sanctions; & the modest efforts, to date, to combine the two. Includes suggestions of next steps that policymakers might consider. Tables & figures.
Smart Decarceration is a forward-thinking, practical volume that provides concrete strategies for an era of decarceration. This timely work consists of chapters written from multiple perspectives and disciplines including scholars, practitioners, and persons with incarceration histories. The text grapples with tough questions and builds a foundation for the decarceration field.
The most punitive era in American history reached its apex in the 1990s, but the trend has reversed in recent years. Smart on Crime: The Struggle to Build a Better American Penal System examines the factors causing this dramatic turnaround. It relates and echoes the increasing need and desire on the part of actors in the American government system to construct a penal system that is more rational and humane. Author Garrick L. Percival points out that the prison boom did not naturally emerge as a governmental response to increasing crime rates. Instead, political forces actively built and shaped the growth of a more aggressive and populated penal system. He is optimistic that the shifting political forces surrounding crime and punishment can now reform the system, explaining how current political actors can craft more constructive and just policies and programs. The book shows how rationality and humanitarianism lead to a penal system that imprisons fewer people, does less harm to the lives of individual offenders and those close to them, and is less expensive to maintain. The book presents empirical data to concretely demonstrate what is working and what is not in today’s penal system. It closely examines policies and practices in Texas, Ohio, and California as comparative illustrations on what progress has been made or needs to be made in penal systems across the United States. The book includes a comprehensive discussion of highlighted issues, and relates more than two dozen interviews with pivotal political actors who clarify why there is a major shift underway in the American penal system. Their insights reveal paths that can be taken to improve the current penal system.
There are visible signs that the "get-tough" era of punishment is finally winding down. A "get-smart" agenda has emerged that aims to reduce costs and crime by reducing the incarceration of non-violent drug offenders, expanding use of community-based corrections, revising sentencing structures, and supporting offender re-entry into the community. This change in policy affords an opportunity to re-examine and challenge certain other conventions in the study and practice of punishment. Each chapter of Rethinking Punishment examines a convention and posits arguments that challenge that convention and expand the conversation. These arguments are based on the prior literature, existing and original data, and historical documents. These conventions and arguments for rethinking punishment are framed accordingly: Justifying Penal Policy Defining the Attributes of Punishment Measuring the Scope and Severity of Punishment Evaluating Effectiveness in Punishment Finally, the author provides specific recommendations for research and policy based on these original arguments. Drawing on underlying philosophical, empirical and political issues and offering a critical discussion of the relationship between research, policy and practice, this book makes compelling and instructive reading for students taking courses in criminal justice, corrections, philosophy of punishment, the sociology of punishment, and law and justice.
The vice president and former San Francisco district attorney presents her vision for smart criminal justice and public safety. Before she became the vice president of the United States, Kamala Harris was committed to fighting crime as a prosecutor in San Francisco’s Hall of Justice. Originally published in 2009, Smart on Crime shares her insight and offers a new approach designed to end the cycle of repeat offenders. Harris shatters the old distinctions rooted in false choices and myths. She presents practical solutions for making the criminal justice system truly—not just rhetorically—tough. Smart on Crime spells out the policy shifts required to increase public safety, reduce costs, and strengthen our communities.
Combining the latest work of leading sentencing and punishment scholars from twelve different countries, this major new international volume answers key questions in the study of sentencing and society. It presents not only a rigorous examination of the latest legal and empirical research from around the world, but also reveals the workings of sentencing within society and as a social practice. Traditionally, work in the field of sentencing has been dominated by legal and philosophical approaches. Distinctively, this volume provides a more sociological approach to sentencing: so allowing previously unanswered questions to be addressed and new questions to be opened. This extensive collection is drawn from around one third of the papers presented at the First International Conference on Sentencing and Society. Almost without exception, the chapters have been revised, cross-referenced and updated. The overall themes and findings of the international volume are set out by the opening "Introduction" and the closing "Reflections" chapters. Research findings on particular penal policy questions are balanced with an analysis of fundamental conceptual issues, making this international volume essential reading for: sentencing and punishment scholars, criminal justice policy-makers, and graduate students.
"I can think of no authors more qualified to research the complex impact of life sentences than Marc Mauer and Ashley Nellis. They have the expertise to track down the information that all citizens need to know and the skills to translate that research into accessible and powerful prose." —Heather Ann Thompson, author of the Pulitzer Prize–winning Blood in the Water From the author of the classic Race to Incarcerate, a forceful and necessary argument for eliminating life sentences, including profiles of six people directly impacted by life sentences by formerly incarcerated author Kerry Myers Most Western democracies have few or no people serving life sentences, yet here in the United States more than 200,000 people are sentenced to such prison terms. Marc Mauer and Ashley Nellis of The Sentencing Project argue that there is no practical or moral justification for a sentence longer than twenty years. Harsher sentences have been shown to have little effect on crime rates, since people "age out" of crime—meaning that we're spending a fortune on geriatric care for older prisoners who pose little threat to public safety. Extreme punishment for serious crime also has an inflationary effect on sentences across the spectrum, helping to account for severe mandatory minimums and other harsh punishments. A thoughtful and stirring call to action, The Meaning of Life also features moving profiles of a half dozen people affected by life sentences, written by former "lifer" and award-winning writer Kerry Myers. The book will tie in to a campaign spearheaded by The Sentencing Project and offers a much-needed road map to a more humane criminal justice system.