Criminal Justice Policy Review

Publisher:: Sage Publications, Inc.
Publication date:: 2021-09-06

ISBN:: 0887-4034

Issue Number

Latest documents

Circumventing the Sentencing Grid: Encouraging Downward Departures in Presumptive Prison Cases
This study examines sentencing outcomes of Justice Reinvestment Initiative (JRI) focused on reducing incarceration by encouraging downward departures to community-based sanctions in presumptive prison cases. The sample includes 3,930 defendants enrolled in the JRI program. Pre-adjudication assessment reports and a judicial settlement conference were used to help the court decide if a case warranted a departure offer. A quasi-experimental design with propensity score matching balanced JRI program defendants to 1,153 historic defendants that would have been eligible in the previous year. Logistic regressions assessed the impact of both program participation and race/ethnicity, controlling for other factors on prison versus probation sentence outcomes and sentence length in prison outcomes. On average, across all racial groups, program participants are 52% less likely to go to prison. The impact of participation on sentencing outcomes was also equitable across the race/ethnicity of defendants. However, the program did not affect sentence length of prison outcomes.
Circumventing the Sentencing Grid: Encouraging Downward Departures in Presumptive Prison Cases
This study examines sentencing outcomes of Justice Reinvestment Initiative (JRI) focused on reducing incarceration by encouraging downward departures to community-based sanctions in presumptive prison cases. The sample includes 3,930 defendants enrolled in the JRI program. Pre-adjudication assessment reports and a judicial settlement conference were used to help the court decide if a case warranted a departure offer. A quasi-experimental design with propensity score matching balanced JRI program defendants to 1,153 historic defendants that would have been eligible in the previous year. Logistic regressions assessed the impact of both program participation and race/ethnicity, controlling for other factors on prison versus probation sentence outcomes and sentence length in prison outcomes. On average, across all racial groups, program participants are 52% less likely to go to prison. The impact of participation on sentencing outcomes was also equitable across the race/ethnicity of defendants. However, the program did not affect sentence length of prison outcomes.
A Qualitative Inquiry Into the Sources of Resilience Found Among Maximum Security Correctional Officers
Resilient individuals are better able to cope with trauma, and overcome life’s adversities. Correctional officers are routinely exposed to workplace stressors that can be psychologically harmful. For these essential workers, resilience, therefore, offers a way to counteract the aversive conditions of their employment. In light of its importance in promoting mental wellness, studies have explored antecedents of resilience, yet few of which were conducted among correctional officers. To address this literature void, open-ended questionnaire data were collected from maximum-security corrections officers (N = 193) working in a southeastern state to understand the factors they believe most crucial in developing resilience. Respondents identified seven key themes associated with resilience, including co-worker support, establishing purpose in life, individual characteristics, self-care, life balance, prayer/meditation, and finally, maintaining positive attitudes. Results are discussed in light of interventions targeted at improving correctional officer mental health.
Examining Case Dismissal Outcomes in Prosecutor-Led Diversion Programs
Prosecutors’ offices are a critical site for criminal legal reform and decarceration efforts. Prosecutor-led diversion programs (PLDPs) are a prosecutorial innovation that process cases away from punitive prosecution and, instead, offer various services and supports. Successfully completing a PLDP results in the dismissal of the charge, which helps participants to avoid formal entry into the criminal legal system and a range of collateral consequences. This paper reports findings from over 11,000 participants in six PLDPs in three Midwestern jurisdictions, and examines race/ethnicity and charge characteristics associated with successful program completion and case dismissal. Findings indicate that PLDPs have the capacity to provide alternative processing to a large volume of defendants with high completion rates, although the likelihood of racial/ethnic minorities to successfully complete the program is mixed. PLDPs are discussed as a promising policy and programmatic innovation that can help to move away from an era of mass incarceration.
A Qualitative Inquiry Into the Sources of Resilience Found Among Maximum Security Correctional Officers
Resilient individuals are better able to cope with trauma, and overcome life’s adversities. Correctional officers are routinely exposed to workplace stressors that can be psychologically harmful. For these essential workers, resilience, therefore, offers a way to counteract the aversive conditions of their employment. In light of its importance in promoting mental wellness, studies have explored antecedents of resilience, yet few of which were conducted among correctional officers. To address this literature void, open-ended questionnaire data were collected from maximum-security corrections officers (N = 193) working in a southeastern state to understand the factors they believe most crucial in developing resilience. Respondents identified seven key themes associated with resilience, including co-worker support, establishing purpose in life, individual characteristics, self-care, life balance, prayer/meditation, and finally, maintaining positive attitudes. Results are discussed in light of interventions targeted at improving correctional officer mental health.
Examining Case Dismissal Outcomes in Prosecutor-Led Diversion Programs
Prosecutors’ offices are a critical site for criminal legal reform and decarceration efforts. Prosecutor-led diversion programs (PLDPs) are a prosecutorial innovation that process cases away from punitive prosecution and, instead, offer various services and supports. Successfully completing a PLDP results in the dismissal of the charge, which helps participants to avoid formal entry into the criminal legal system and a range of collateral consequences. This paper reports findings from over 11,000 participants in six PLDPs in three Midwestern jurisdictions, and examines race/ethnicity and charge characteristics associated with successful program completion and case dismissal. Findings indicate that PLDPs have the capacity to provide alternative processing to a large volume of defendants with high completion rates, although the likelihood of racial/ethnic minorities to successfully complete the program is mixed. PLDPs are discussed as a promising policy and programmatic innovation that can help to move away from an era of mass incarceration.
When Prosecution Is Declined: Factors Influencing Prosecutorial Portrayal of Officers Involved in Shootings
Using District Attorney Declination Letters of officer-involved shootings in Denver, Colorado between 2000 and 2020 (N = 132) and drawing on the Narrative Policy Framework, this study examined how prosecutors use of narrative strategies varied with legal and extra-legal characteristics of shooting. Findings indicated that prosecutors were more likely to likely to praise police shootings involving armed subjects, independent witnesses, and injuries to officers. Surprisingly, prosecutors were less likely to praise officers involved in the shooting of African American subjects, unarmed suspects, and in shootings involving a standoff. Findings suggest that while prosecutors largely draw upon legal criteria to justify not prosecuting police, their narrative accounts of declining to pursue criminal charges are also sensitive to extra-legal variables. Implications for theory, practice, and research are discussed.
When Prosecution Is Declined: Factors Influencing Prosecutorial Portrayal of Officers Involved in Shootings
Using District Attorney Declination Letters of officer-involved shootings in Denver, Colorado between 2000 and 2020 (N = 132) and drawing on the Narrative Policy Framework, this study examined how prosecutors use of narrative strategies varied with legal and extra-legal characteristics of shooting. Findings indicated that prosecutors were more likely to likely to praise police shootings involving armed subjects, independent witnesses, and injuries to officers. Surprisingly, prosecutors were less likely to praise officers involved in the shooting of African American subjects, unarmed suspects, and in shootings involving a standoff. Findings suggest that while prosecutors largely draw upon legal criteria to justify not prosecuting police, their narrative accounts of declining to pursue criminal charges are also sensitive to extra-legal variables. Implications for theory, practice, and research are discussed.
A Contemporary Review of Hate Crime Legislation in the United States
Hate-motivated crime remains problematic in the United States. California passed the first hate crime law in 1978; Congress followed in 1990. States continue to amend their hate crime legislation, producing an amalgam of statutory provisions. This article creates a conceptual framework from which to classify hate crime legislation across the 50 states and Washington, DC. Laws were identified through Westlaw. Analyses compared the types of crimes covered, discrete and insular minorities protected, prosecutorial alternatives, mandates for law enforcement agencies, and additional rights provided to victims among states’ legislation. Considerable variation in scope and content of hate crime legislation exists among states, leaving several vulnerable groups unprotected, law enforcement underprepared, and victim rights and resources sparse. Future directions for hate crime policy and legislation are discussed.
A Contemporary Review of Hate Crime Legislation in the United States
Hate-motivated crime remains problematic in the United States. California passed the first hate crime law in 1978; Congress followed in 1990. States continue to amend their hate crime legislation, producing an amalgam of statutory provisions. This article creates a conceptual framework from which to classify hate crime legislation across the 50 states and Washington, DC. Laws were identified through Westlaw. Analyses compared the types of crimes covered, discrete and insular minorities protected, prosecutorial alternatives, mandates for law enforcement agencies, and additional rights provided to victims among states’ legislation. Considerable variation in scope and content of hate crime legislation exists among states, leaving several vulnerable groups unprotected, law enforcement underprepared, and victim rights and resources sparse. Future directions for hate crime policy and legislation are discussed.