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25 for
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The opinions expressed within the 25 Ideas Series are exclusively those of the individual authors and do not
represent the views of the editorial board, the Roosevelt Institution, or any of the organization’s chapters, centers,
advisors, or affiliates.
25 ideas
for
Equal Justice
Conditional Release 18
Anthony Gomez, Cornell University
While we hope that you will enjoy reading these Ideas, they are not meant to
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the federal policy level; others, at the state or municipal level. Still others focus
primarily on what universities can do. So no matter what level of government you
focus on - or even if you are still a student - there is an Idea in these pages that
you should consider acting on.
• • •
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Letter from the Editors
Chris Breiseth
David Woolner
Richard E. French, Jr.
Anna Eleanor Roosevelt
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Mark Newberg
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Thank you.
Special thanks to
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for
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and
His service as
Honorary Chair of this Challenge
25
ideas
Decriminalizing Homelessness
Tim Krueger, Cornell University
Audience
City governments across the country, especially larger metropolitan areas in
which both homelessness and crime are systemic, should seek to reduce both
incarceration and homelessness in these manners. Judges should take their own
initiative on this front as well.
Next Steps
State governments and private interests alike might create grants for Homeless
Court Programs. City officials should take note of decriminalization experiences
in other cities that are their demographic and economic peers.
Naitonal Coalition for the Homeless/ National Law Center on Homelessness and Poverty, Jan
2006 Report.- http://www.nationalhomeless.org/publications/crimreport/report.pdf
Naitonal Coalition for the Homeless/ National Law Center on Homelessness and Poverty, Jan
2006 Report.
11
Massachusetts CORI Reform:
Reducing Sealing Times
Sonali Pillay and Jake Grumbach, Columbia University
CORIs can also institutionalize some employers’ racist hiring practices. Currently,
African Americans with criminal records have a 5 percent chance of being called
back for an interview for an entry-level position, and a 14 percent chance without
a record. However, whites have a 17 percent chance with a CORI and a 34
percent chance without one. Such stark statistics, in which whites with records
are more likely to receive callbacks than blacks without records, suggest that
criminal records hide discrimination in hiring; employers can simply use CORIs as
a reason to throw out the application of a qualified black candidate, while hiring
a white person with a similar background.
Talking Points
History
• Currently, employers use any evidence of previous
The CORI system was
criminal activity as a blanket means of tossing out
created in Massachusetts
applications, even those of qualified people who
in 1973, and was originally
have committed only one petty crime.
only available to certain
• The ruling by a judge and jury should constitute jus-
law enforcement and
tice; denying jobs and other services for an extra 15
government agencies.
years for a felony and 10 for a misdemeanor after
However, in the early
parole is not within the spirit or bounds of the law.
2000s, the visibility of
• CORIs also deny access to credit, student loans,
criminal records began
and public housing.
to expand, until 4 of
• CORIs can also be a device for prejudicial hiring
every 5 employers in
practices because any evidence of past criminal ac-
Massachusetts were
tivity can deny a qualified person a job.
analyzing CORIs in hiring
in 2004.
Analysis
Studies show that after 3 years of good behavior, an ex-prisoner’s likelihood
of committing another crime is virtually equal to an individual who has never
previously committed that crime. This 3 year period should be sufficient for the
state to ensure the individual’s true rehabilitation. Beyond this point, his CORI may
in fact increase his likelihood of recidivism as he begins to feel disenfranchised
by his inability to truly re-enter society, with increased difficulty getting jobs, loans
and public housing.
Audience
State legislatures and citizens around the country should look to Massachusetts
as an example of the potentially detrimental effects of excessively long sealing
times of their respective criminal record laws.
Next Steps
Governor Deval Patrick has proposed a bill to reduce the sealing times to 5 years
for a misdemeanor and 10 for a felony, and the legislation looks like it will pass.
This is a step in the right direction, but, as the research on recidivism shown, it
is insufficient. The people of Massachusetts must continue to curtail the sealing
times to open opportunities to rehabilitated members of our society.
13
SSI Benefits for Former Inmates
Monica Chu, Cornell University
Parolees report that one of the most significant barriers to accessing housing and
reintegrating into society is the difficulty in obtaining a living income upon their
release from prison. Not
surprisingly, ex-offenders are Key Facts
at a greater risk of becoming • Under current regulations, SSI recipients incarcer-
homeless. According to the ated for a full calendar month or longer are no lon-
Corporation for Supportive ger eligible to receive SSI.
Housing, “About half of all • Former SSI recipients will have to wait until release
seeking shelter report a to re-apply for aid; the normal waiting period for re-
history of incarceration.” instatement of cash benefits is anywhere from nine
Since homeless ex-offenders months to two years.
are seven times more likely • A pre-release agreement is a contract between the
to violate their parole than SSA and a state prison system or a county jail that
ex-offenders with stable allows individuals who qualify for SSI to claim their
housing, homelessness benefits nearing or shortly after their release.
and an unstable economic
situation increases the risk
of falling into a perpetual cycle of incarceration. Income is thus a critical factor
in sustaining stability for former inmates. Disabled ex-offenders have even more
trouble maintaining housing stability. SSI is a prerequisite for become eligible for
Medi-Cal, which provides access to healthcare and other services necessary for
stable housing.
Analysis
The benefits of pre-release agreements reveal that effective case management is
a very important factor in ensuring that those released from prison and jail do not
re-offend and hopefully become productive members of society. More than 20
percent of people going in and out of prisons and jails are homeless for months
before and after incarceration. More disturbingly, two out of every three people
released from prison in the U.S. are rearrested within three years of their release.
These statistics imply that effective case management can reduce recidivism by
connecting inmates to funds and other means of support that they need so that
they are less likely to re-offend.
Next Steps
One of the first steps in brokering an agreement between a correctional facility
and SSA is contacting the prison or jails management staff. They should be
informed of the positive aspects of the pre-release agreement and be informed
of how to set up a pre-release agreement. Once there is a general agreement to
start the process, necessary steps should be taken to contact SSA so that the
correctional facility is provided training by SSA staff. An initial screening should
be done that ensures that all inmates are thoroughly considered for SSI eligibility
so that they are no longer released without necessary benefits. While the two
parties involved in pre-release agreements are the correctional facilities and
SSA, it is important that local and state officials encourage the adoption of such
an agreement.
The United States must adopt measures, which let formerly imprisoned
people exercise their right to vote, for the sake of fairness of elections
and the democratic ideal. This will produce added benefits for
communities with a high ex-felon population.
History
The Voting Rights Act of 1965 was meant to ensure equal access to political
participation for all American citizens regardless of race, gender, religion,
or national origin. Yet criminal disenfranchisement carries on the tradition
of discrimination that started in the late 1800s during Reconstruction
and continued throughout the 20th century with poll taxes and literacy
tests. Criminal justice policies over the past thirty years have created
extreme racial disparities in felon convictions, with Latinos and Blacks
disproportionably affected. The rate of disfranchisement among black men
is seven times the national average. Sixteen percent of Latino men will be in
jail and will face the prospect of disenfranchisement. Discrimination is most
obvious in some southern states such as Florida and Alabama, in which
one third of black men are disenfranchised. For politicians who claim to be
committed to helping end political discrimination, eliminating felon and ex-
felon disfranchisement is a first step.
Analysis
By expanding the voting population, state elections will become more democratic.
Allowing felons to vote will contribute greatly to their rehabilitation by keeping
them politically informed and showing that they have a say in the future of their
country. Giving former criminals the right to vote shows residents’ trust in the
criminal justice system’s abilities of reform. Giving felons and ex-felons the right to
vote restores their confidence in the true promise of democracy in this country.
Enfranchisement is a necessary step to erasing racial discrimination, integrating
convicts back into society, and making them more politically aware, responsible
citizens.
Next Steps
The United States must fulfill its promise to preserve the rights of the citizens
and uphold the democratic ideal by allowing ex-felons to vote. The eleven states,
which have yet to allow former offenders to vote, must consider amending their
state constitutions to allow them this fundamental right. The federal government
should encourage all states to adopt laws discarding restrictions on ex-felon
voting rights, as well as for people on parole.
New York State should create a Conditional Release Program for non-
violent drug offenders.
One goal of the New York State Department of Corrections is to give inmates
the opportunities to advance their careers and participate in society in a
non-criminal manner. This goal is not realized for most inmates. Measures
adopted as part of the war on drugs,
such as New York State’s Rockefeller laws
(which establish mandatory minimum Key Facts
• A third of New York’s prison pop-
sentences for drug offenders), have
ulation is currently incarcerated
caused prison populations to balloon.
for drug offenses.
In 1973, the first year that mandatory
• It is clear that these offenders
minimum sentences were in effect for
have a difficult time establishing
convicted drug offenders, the entire
productive lives upon release
incarcerated population of New York
from prison; for the past decade,
State was approximately 12,500. By 1994,
about 30% of drug offenders who
the prison population had more than
were released from prison have
quadrupled, reaching 66,000.] Such a
been rearrested the same year.
dramatic increase in prison population
compromises the amount of time that
corrections personnel- and the system in general- can invest in attending
to or rehabilitating each inmate, undermining the stated mission of the
institution.
History
The strongest existing parallel to the Conditional Release Program
described above is the Delancy Street program, based in San Francisco
and downstate New York. The success rate in rehabilitating participants is
ninety percent. At the same time, as a private program, the Delancy Street
program has been known to experience racial imbalances, and is largely
unaccountable to external institutions. Thus, the program suggested here
would be administered by and accountable to existing state-run corrections
systems.
Analysis
The benefits of such a program would be strong in social and monetary value.
Second, the cost for implementing the Conditional Release Program is far lower
than housing a prisoner. The cost of housing a prisoner for one year can range
from $20,000 to $40,000. The Conditional Release Program would cut down the
time an inmate would be housed in a prison cell, thus cutting back costs. Also, if
the prison population continues to increase, New York and other states may be
forced to spend more on building new prisons and hiring more personnel. The
Conditional Release Program would help slow these trends.
Next Steps
States officials should commission individualized research to determine the
magnitude of a financial benefit such a program would offer to their state. Those
who adopt the program early will want to observe non-state programs such as
Delancy Street, and late users will want to observe the successes and failures
of such programs in states that are demographically and economically similar to
their own states.
19
Marijuana Decriminalization in New York City
Jake Grumbach, Columbia University
History
In the past few decades, we have seen a steady increase in criminalization
of marijuana on the federal level, while state and local authorities have
opted for decriminalization. Alaska, in 2006, overturned its 1976 law that
had completely legalized possession and use of up to an ounce in a home.
Eleven states (California, Colorado, Maine, Minnesota, Mississippi, Nebraska,
Nevada, New York, North Carolina, Ohio, and Oregon) have decriminalized
marijuana possession to non-criminal fine penalties for individuals over 21
Mayor Giuliani went against both the electorate and the state legislature,
shown through polls and with the 1975 state decriminalization decision.
Analysis
In short, the American public understands and supports the benefits of deterring
marijuana use and making sure the legal system does not harm our own
communities. Numerous nation and statewide polls have found that Americans
conclusively support medicinal marijuana, and the latest Gallup Poll has found
that 36 percent support complete legalization.
Next Steps
Although there are such strong and obvious benefits to a community by
legalizing marijuana, the legal change should arise democratically. New York’s
local government should promote a ballot measure to decriminalize marijuana,
and there should be a citywide dissemination of facts related to this issue. New
York City must officially make marijuana crimes one of the lower priorities of the
New York Police Department, repeal the citation and $500 penalty for burning
or possessing marijuana in public view, and stop Operation Condor, an overtime-
based mobile police sweep of targeted neighborhoods that has cost New York
City taxpayers from $40 million to $100 million annually.
21
Eliminating Sentencing Disparities
Max Griffith, Dalia Mortada, and Eric Schneiter, University of Virginia
Further statistics gathered since the inception of the 1986 Anti-Drug Abuse Act
have shown that many of the vaunted benefits of a sentencing disparity proved
to be unwarranted. Crack cocaine has no greater addictive qualities than powder
cocaine, and it generates the same negative impact on unborn children when
used by expectant women as cocaine in its powder form. Additionally, only 2.3
percent of crack offenders have also been convicted of violent crimes. Crack
cocaine usage, therefore, carries no increased risk of violence. Finally, the law’s
original intent of giving higher sentences to upper-level distributors has failed to
produce results. Instead, low-end crack users bear the brunt of the punishment.
Next Steps
The United States Sentencing Commission has sent four separate reports to
Congress since 1997, each recommending a decrease in cocaine sentencing
disparities. Although Congress has agreed to adjust its laws based on every
other commissioned report of the USSC, it remains obstinate in its rejection of
changes to the Anti-Drug Abuse Act’s crack cocaine minimum sentencing policy.
In 2007, the Supreme Court ruled in Kimbrough v. United States that federal
judges could use sentencing policies for crack cocaine defendants as advisory
guidelines rather than mandatory restrictions. In light of the Court’s decision,
the Sentencing Commission voted unanimously on December 12, 2007 to allow
nearly 20,000 federal inmates to seek sentence reductions.
With both the USSC and the Supreme Court voicing disapproval for current
crack cocaine sentencing policies, all that is left is for Congress to pass new
laws equalizing the disparity between crack and powder sentences, as well as
eliminating mandatory minimums for crack cocaine offenders.
The United States is the most economically developed country in the world
and incarcerates a larger percentage of its population than any other country
in the world, debilitating the social and economic lives of many communities.
Zero-tolerance policies and minimum sentencing laws, often connected to non-
violent offenses such as automobile
theft or drug possession, have in Key Facts
large part resigned the country • One in ten American adults are in prison.
to this indefensible position. It is In 2007, states spent $44 billion on the
therefore imperative to examine a maintenance of the prison system.
fundamentally different approach • With the implementation of minimum
to fighting crime, an approach that sentencing laws, 80 percent of the in-
focuses on empowering communities coming prison population between 1985
and healing individuals rather than and 1995 was due to drug convictions.
punishing and excluding those who • Restorative justice techniques have re-
have erred. duced youth recidivism in Woodbury,
MN, from 71.2 percent to 33.1 percent.
At the core of the restorative justice
philosophy is the idea of human
bonds. “Sentencing circles” are one
of the most promising manifestations of this relationship-centered philosophy.
The goal of sentencing circles is to bring victims and offenders together to work
out mutually agreed upon restitutions, after the offender has taken personal
responsibility for his or her transgressions. In the case of drug-related offenses,
sentencing circles offer a controlled support system that can treat drug addiction
and its various non-violent
offshoots for what they are-a
Talking Points fundamentally social illness.
• Sentencing circles empower victims and com-
munities by allowing them to actively partici- History
pate in the process of reintegrating offenders Restorative justice methods
into their communities. have been incorporated into
• Restorative justice focuses on healing rela- institutional legal systems since
tionships, creating responsibility and righting the 1970s. These methods aim
wrongs. to include the greatest number
• Restorative systems offer high levels of control of stakeholders in the decision
and support, rather than the high levels of con- process - including family,
trol and low levels of support that accompany friends, community members,
incarceration. and law enforcements.
Significantly, restorative justice understands that the offenders have a
unique obligation to the victims. Such an inclusive system has often been
utilized in juvenile courts. Since 1989, New Zealand has adopted restorative
justice techniques as the norm for its juvenile justice system.
Restorative justice techniques are also widely used across Europe and the
United States. In a Woodbury, MN study of the juvenile restorative justice
program there, over 70 percent of all participants were satisfied with
outcomes, while the recidivism rate decreased from 71.2 percent before the
program was implemented to 33.1 percent after the start of the program.
Restorative justice programs have been tested and are ready to be more
broadly applied.
Analysis
Restorative justice offers a more effective method of combating drug addiction and
drug-related crime than incarceration. Sentencing circles, which is one method
of restorative justice, includes the voluntary participation of victims (when there
are victims in drug-related cases), the victim’s communities of care (family and
friends), offenders and their communities of care, as well as judges, attorneys,
social workers, and community members. Together they work towards creating
a plan that can work for all parties and is based upon the community’s shared
values. Sentencing circles can also meet to monitor and support an offender’s
continuing progress. For addicts, this can mean drug counseling, with the support
and empathy to reinforce it. Such a plan goes a long way towards highlighting
drugs as a community and family issue, while also empowering communities with
the tools to address the problem.
Next Steps
This policy can be immediately implemented through revisions in the sentencing
statutes for drug crimes in each state and within federal law. First, it is necessary
to repeal zero-tolerance and minimum sentencing statutes. Afterwards, a state
should begin a pilot program to test the process and refine sentencing circles. If
they are shown to be effective, a policy should be permanently applied through
legislation.
Across the nation, local judiciaries are experiencing financial crisis. As the
Full Court Press reported in 2003, “Oregon courts shut down every Friday
and cut court workers’ pay by 10 percent; Los Angeles County has closed 29
courtrooms and laid off 250 workers; New York has frozen 700 empty court
positions; Colorado is considering unpaid days off for court employees
and cutting court hours.” As Roger Warren, president of the National
Center for State Courts told
the Associated Press in April Key Facts
2003, “It’s the worst fiscal • States are charging their poorest groups of citi-
crisis to confront the state zens millions of dollars in the form of penal fines
judiciary in 50 years”. Faced and fees to fund their criminal justice systems.
with these dire financial • Such fines are not meant to be behavioral de-
conditions, states and terrents; justice systems, at the state level, sim-
localities have increasingly ply depend upon this funding to function.
begun to rely on court • Some states even require the defendant to pay
fines and fees as a means for the jury.
of offsetting their financial
burdens.
Analysis
As the American criminal justice network has expanded dramatically in recent
decades, bureaucrats and policy makers have been forced to scramble in order to
come up with the requisite finances. State and local governments have employed
a variety of strategies to meet these rising financial obligations such as increasing
taxes and privatizing corrections services. Unfortunately, placing large financial
obligations on offenders as a means of punishment produces significant negative
social externalities.
First, putting offenders into debt ruins their credit. Because relatively good credit
is increasingly a pre-requisite to gainful employment, a criminal policy that ruins
an offender’s credit score decreases chances of societal reintegration. Second,
if financial obligation is sufficiently burdensome, the offender may opt to not
even attempt to pay off those fines and drop out of the traditional economy. A
criminal policy that encourages individuals to seek under the table work to avoid
repayment of their debts is clearly undesirable. While there is no guarantee that
such a result will occur in any given incidence, the wide spread phenomenon
of dead-beat-dads (individuals who do not make there required child support
payments and avoid doing so by not declaring income) shows that this is a real
concern. Third, because there are often children and other dependents who rely
upon the indebted offenders income, a policy of harsh fines and fees can have
negative material consequences on individuals aside from the offender.
Audience
State legislators should be made aware of the implications of a fine- or
fee-based funding strategy. The environment of rising state-imposed
financial obligations exists largely in response to budgetary shortcomings;
alternative sources of funding should thus be made available if the problem
is to be fixed in a lasting manner. Additionally, all forms of media should
be very interested in the problems associated with the current structure of
funding.
Next Steps
State legislators in states currently engaged in this practice should introduce
legislation to repeal this policy. States should employ progressive instead of
(effectively) regressive taxes to fund their justice systems, which will in turn
benefit from lower recidivism rates.
Olson, David and Ferard Ramker. “Crime Does Not Pay, But Criminals May: Factors Influencing the
Imposition and Collection of Probation Fees.” The Justice System Journal, vol 2, no 1, 2001.
27
Medical Solutions to Sex Offender Recidivism
Graham Rengert, Cornell University
In more and more states across the US, convicted sex offenders are being
transferred to expensive civil commitment centers after their prison
sentences. Many of them will never be released from the civil commitment
centers, despite having served their court-mandated prison sentences.
Some who are released will be rearrested for sex crimes despite having
completed the treatment
programs. Despite the abysmal Key Facts
record of civil commitment • Civil commitment centers are facilities that
centers, politicians continue hold former-sex offenders after their prison
to establish and expand these sentence has expired to receive treatment
programs as part of their ever- until they are deemed safe for release into
important “tough-on-crime” society.
strategy. It would better • Nationally, almost 3,000 former-sex offenders
serve these inmates, potential are currently serving indefinite terms in civil
future-victims, public good, commitment centers in 20 states.
and taxpayers if these millions • The programs often cost taxpayers $10-20
of dollars were applied to million annually in each state, roughly 4 times
scientific research that could more expensive than prison per individual.
result in a truly effective • The Johns Hopkins Sexual Disorders Clinic,
medical treatment for criminal the only major scientific research program
sexuality. As investment is dedicated to creating effective treatments,
a sum-zero game, these two receives no government funding.
strategies are in direct tension
with each other.
History
Since the first civil commitment center was established in Washington
State in 1990, these programs have continued to expand and spread to new
states. Conversely, scientific research on effective treatments has received
almost no public support or government funding. Dr. Fred Berlin, founder
of the Johns Hopkins Sexual Disorders Clinic and adamant critic of civil
commitment programs, believes that the government does not invest in
solid scientific research “because so many Americans believe that the only
investment in sex offenders should be punitive.”
Analysis
Scientific research is a far more logical path towards an effective solution to sex-
offender recidivism. Studies on sex-offender recidivism are plentiful, though their
data and conclusions are quite diverse. Two points of consensus are that former
Talking Points sex offenders have lower
• Most of the 250 people who have been uncondi- recidivism rates than most
tionally released from civil commitment centers other serious criminals, and
since the programs began in 1990 have been re- that abnormal psychology
leased for technical or legal reasons, not because of is at the root of sexual
successful treatment. crime. This psychology
• Civil commitment programs have been unsuccessful is not fully understood,
at effectively treating their inmates, who often sim- and a successful medical
ply “go through the motions” or even skip therapy treatment has not been
sessions all together. developed. Records show
• The sentencing of former-sex offenders to civil com- that civil commitment
mitment after their prison sentences is equivalent treatment programs fail
to double-jeopardy or preemptive punishment for miserably. The logical and
crimes not yet committed. humane conclusion is to
• Sex offenders suffer from severe psychological prob- shift government funding
lems and the solution to criminal sexuality should be away from costly and futile
addressed through both therapy sessions and ap- civil commitment programs
proved medication. to productive research
efforts.
Next Steps
In addition to changing laws and reallocating funding, elected officials and the
general public alike should be made more aware of the futility of civil commitment.
Individuals must let their politicians know that they demand real solutions, not
costly and superficial treatment programs. They must demand government-
supported, scientific research towards an effective treatment for former-sex
offenders that will protect the rights and safety of all citizens. Politicians must
inform their constituents of the poor record of civil commitment programs
instead of just hitching an easy ride on public moral panic. Finally, universities
and scientific institutions must develop and support research initiatives directed
at finding a real solution to sex crime.
Davey, Monica and Abby Goodnough. “Doubts rise as states hold sex offenders after prison.” The
New York Times: Sunday, March 4, 2007. New York, NY. 2007.
Meloy, Michelle L. Sex Offenses and the Men Who Commit Them. Lebanon, NH: Northeastern
University Press. 2006.
Wakefield, Hollida and Ralph Underwager. “Assessing violent recidivism in sexual offenders.” The
Institute for Psychological Therapies, Vol 10, 1998. copyright 1989-2006. Accessed on March
20, 2007 from: <http://www.ipt-forensics.com/journal/volume10/j10_6.htm>.
“Wrong turn for sex offenders.” (Editorial desk). The New York Times: Tuesday, March 13, 2007.
New York, NY. 2007.
29
Interpretive Technology for the Justice System
Riley Wyman, The Colorado College
Each sector of the criminal justice system should create and implement
a language access plan that uses interpretive technology to provide
non-English speakers a way to navigate the justice system.
State legislatures should mandate that all legal institutions create and
implement a language access plan to ensure everyone can navigate the
criminal justice system. These plans should offer a breakdown of necessary
technologies and funding, methods for informing the public, along with
procedures, policies, protocols, and training for staff.
Various technologies available to help close the language gap are still in
development, yet two distinctly useful
products that have emerged have
Talking Points
been tested in multiple cities and have
• Overcoming language barriers
demonstrated incredibly promising
leads to increased justice and
results. The first, one-way handheld
public safety.
devices, are useful in situations where
• Technology is available for both
two way discourse is unnecessary, such as
short, one-way communication
in routine traffic stops and other various
and extensive court proceedings.
police activities. These devices have
• Virginia, Maryland, and Arkansas
thousands of translatable phrases stored
have all seen positive results.
in many languages, and communicate
• Technology leads to increased sys-
these phrases electronically through
tematic efficiency and lower costs.
a speaker. “Remote simultaneous
interpreting technology” is another tested, useful technology greatly needed
in courtrooms and interrogations. This technology allows an interpreter to
almost instantaneously provide an oral interpretation from another location
by telephone. Neither speaker using this technology hears one another,
but instead hears the interpreter’s translation. With increased use of this
technology, incentive grows to develop better, more cost-efficient methods,
and as technology improves, agencies’ needs can be met more specifically.
History
Law enforcement and court systems across the country have been using
these various technologies with positive results. In Virginia and Maryland,
agencies have found tremendous use for the one-way devices in county jails,
traffic stops, arrests and in the reading of Miranda rights, and probationary
meetings. While the devices are impractical for extensive conversations,
their use expedites basic communication. “Remote simultaneous interpreting
technology” is much like the technology used in the United Nations for
translation and, as Arkansas courts have found, is great at building trust
and rapport in courtrooms where it is important for judges and lawyers to
communicate with defendants and victims seamlessly.
Analysis
The technology available shows great promise and serves a myriad of purposes,
yet is simple and cost-effective. One-way device prices continue to fall as the
technology continues to develop. “Remote simultaneous interpreting technology”
simply requires a pair of cell or land phones to connect to the remote location.
The largest cost of technologies is the maintenance of a group of interpreters, as
skilled interpreters are rather expensive. Training would also be a cost, though
the technology is easy to use and most manufacturers have special training for
law enforcement and courts. However, though these costs exist, implementing
the use of these technologies would actually be a cost-effective solution. The
technology leads to greater efficiency in the criminal justice system, thereby
decreasing operational costs. Also, the technology can be shared among agencies
and jurisdictions. Rather than having individual translators commute between
agencies and locations—making availability difficult—the centralized interpreters
would be instantaneously available to numerous agencies. Organizations could
also learn from one another as technology is implemented and changes are made,
again ensuring increased efficiency.
Next Steps
As technology continues to be developed and perfected, agencies can find an
increased selection to meet their specific needs. Finding funding and support for
the technology is a critical first step to implementation, but the language access
plan itself must first be created to ensure proper recognition and understanding
of agency needs. Plans can be developed specific to geographic areas, as
language needs vary across rural, suburban, and urban locations. Interagency
dialogue is also crucial for ensuring that needs are met across the many facets of
the justice system.
———————————— Sources ————————————
*A full list of sources is available upon request
31
Tightening Taser Deployment Standards
Katlyn Leight and Brent Pencak, University of Michigan
Analysis
Current placement of Tasers as an acceptable response on the use-of-force
continuum varies by agency. The use-of-force continuum has five levels, ranging
from ‘Strategic’ situations, in which the officer may use such responses as
cooperative controls, to ‘Lethal’ situations, where response includes deadly
force. Universally elevating Taser usage to the “Harmful” level on the Use-of-Force
Continuum narrows the circumstances of use, decreasing frequency of Taser
deployments. This effectively lowers risk of injury or death. (Refer to figure in
endnotes) Elevated circumstances will placate community fear of abusive Taser
use. Community perception can change if citizens view Tasers only being used in
dangerous situations. In this manner, Taser usage can be seen as a positive, less-
lethal alternative to a firearm or impact weapon, i.e. baton or nightstick.
Next Steps
The protection of law enforcement personnel remains a high priority and the
Taser remains an important weapon. While it is not necessary to ban Tasers, it is
important to restrict its usage. With this goal in mind, it is in the interest of law
enforcement agencies to promote safer usage. This goal can be met by increasing
the Taser response to a higher level on the FLETC Use-of-Force Continuum and the
universal endorsement of the COPS Office CED Guidelines by law enforcement
agencies. While most effective at a national level, these recommendations can be
enacted and carried out at the state and local level. To inform and help facilitate
the adoption of higher Taser standards by law enforcement agencies, the DOJ
COPS department should provide Taser information on their online Resource
Information Center. COPS and IACP may consider developing instruction for
Taser deployment within their training programs in the future.
Government Accountability Office. “Use of Tasers by Selected Law Enforcement Agencies.” May
26, 2005. Accessed February 23, 2008. www.gao.gov/cgi-bin/getrpt?GAO-05-464 pg 7.
Analysis
Harvard Professor Radha Iyengar’s study (2007) on the efficacy of different
types of federal district-court indigent defenders highlights the advantages
of a salary-based compensation structure for public defenders. It is
important to note that this study does not concern itself with the level
of compensation for attorneys. Rather, while controlling for the absolute
level of pay, Iyengar considers the
differences between fee-based
Talking Points and salary-based pay structures. In
• Given the difference in the quality of her analysis, use of salaried public
public defense one receives under defenders leads to better quality of
yearly salary systems and fee-based service for the defendant at a lower
systems, the constitutionality of the cost to the public.
former is, at best, blurry.
• The fee-based system produces in- The study found that wage-paid,
centives for the attourney that are not court-appointed private attorneys,
in the interests of the defendant. the alternative to public defenders,
• The fee-based system comes with generally have less experience
enormous financial cost to the public. and have attended “lower quality”
law schools than salaried public
defenders. Iyengar shows that the less experienced, less qualified
court-appointed attorneys are more likely to get a guilty verdict for most
defendants. This inefficiency means that it is possible for some innocent
defendants to be convicted unfairly. Clients of court-appointed attorneys
also receive eight months more jail time, on average, partially due to the
attorneys’ unwillingness to engage in plea-bargaining, as wage-based pay
makes it unprofitable to end the trial early. The increased jail time is often
disproportionate to the crime.
Audience
Public Officials nationwide- not only from counties with fee-based public
defense systems- should be strongly interested in this policy, as the rate
of incarceration from one county’s courts affects entire state corrections
budgets. Judges especially should apply their political capital and first-
hand experience to realizing the above changes.
Next Steps
Implementing this policy will require a local law be passed in applicable
counties, mandating the reform of compensation systems. Carrying out the
law will require some one-time administrative operations, which will include
replacing contract attorneys in applicable ounties with public defenders,
and changing the public defenders’ salary structure from a fee-based one
to a yearly salary.
Iyengar, Radha, “An Analysis of the Performance of the Federal Indigent Defense Counsel”, 2007,
http://graphics8.nytimes.com/packages/pdf/national/20070712_indigent_defense.pdf
“Evidence for the Feasibility of the Public Defender Offices in Texas,” 2006, http://www.courts.
state.tx.us/tfid/pdf/PD%20Feasibility_Final.pdf
35
Create a White-Collar Crime Division
To Counsel Public Defenders
David Carlson, Colorado College
It is the government’s
obligation to take on a Key Facts
greater role in pursuing • The National Fraud Center reports that the eco-
arbitrators of fraud, nomic cost of white-collar crime is well over $100
bribery, counterfeiting, billion per year, far more than that of all violent
embezzlement, insider crimes combined.
trading, kickbacks, money • The Financial Litigation Unit of the Office for the
laundering, price fixing, and United States Attorney found that on average, 98.5
similar so-called “white- percent of the financial support for victims’ and
collar crimes.” In order to public defenders’ funds came from criminal fines
make the criminal justice and that the majority of these fines generally came
system more equitable, we from a few large white-collar crime convictions.
should ensure that well- • Currently, authorities charged with identifying
financed and well-defended and prosecuting white-collar crime “do not have
white-collar criminals are adequate legal, technological, and personnel re-
brought to justice and that sources to meet their responsibilities,” according
the poorest citizens are to Sam Antar, an ex-offender and an advocate for
brought to court with proper white-collar crime reform.
legal representation—an
obligation that often goes
unmet. Currently, public defenders are financed largely by criminal fines, the
majority of which come from a handful of high-stakes convictions. A white-collar
crime division can work with state and local police in their efforts to prevent,
investigate, and prosecute financial and technological crimes, in addition to
providing greater social equity across the spectrum of criminal activity.
The National Fraud Center reports that the economic cost of white-collar
crime is well over $100 billion per year, far more than that of all violent
crimes combined. The broad economic impact of white-collar crime effects
everyone and should be a major priority of policing agencies. According
to the 2004-2009 Federal Bureau of Investigation Strategic Plan, the FBI
is currently investigating over 189 major corporate frauds, 18 of which have
losses over $1 billion.
Analysis
Better-trained, better-equipped investigators of white-collar crime will generate
more scrutiny of offenders and lead to more prosecutions of white-collar
criminals. Currently, authorities charged with identifying and prosecuting white-
collar crime do not have adequate legal, technological, or personnel resources to
meet their responsibilities, writes Sam Antar, a former criminal and an advocate
for white-collar crime reform. With professionals dedicated to prosecuting
specific aspects of white-collar crime, law enforcement officials would have the
resources necessary to track sophisticated crimes committed by highly educated
criminals.
Audience
The creation of white-collar crime divisions would be most effective at
the state level, where criminal fines collected in wealthy areas could be
redistributed to criminal justice funding in poorer areas, though county and
city governments could move to form their own white-collar crime units.
Next Steps
States should move to create white-collar crime divisions under current state
Bureaus of Investigations that would work closely with departments of revenue,
gaming, and accountability to identify and prosecute perpetrators of white-collar
crime. Professional staffs of experts in all pertinent fields should be employed to
combat the destructive and often impenetrable threat of white-collar criminals.
Antar, Sam. “A Former Fraudster Speaks Out About White Collar Fraud.” <http://www.
whitecollarfraud.com/946562.html>
2005-2006 NWCC Annual Report. Published by the National White Collar Crime Center.
In its 1999 decision Chicago v. Morales, the Supreme Court ruled a controversial
city ordinance to be unconstitutional because it failed to explicitly outline
behaviors that would warrant arrest, and because it also failed to provide “fair
warning” about the nature of
“illegal behaviors” to individuals Key Facts
detained under the ordinance. • Many anti-gang and anti-loitering ordinances
According to the Supreme Court, in Chicago only apply to designated areas
the city ordinance violated the of the city predominantly populated by low-
citizen’s right to equal protection income minorities.
and due process under the law. • Between 2004 and 2006, Chicago police au-
In 2002, Chicago revamped thorities detained over 220,000 under Chi-
its anti-gang ordinance to cago’s anti-gang ordinance.
clarify its definition of “criminal • Between 2004 and 2006, gang-related mur-
gang loitering.” However, this ders increased by 25 percent.
ordinance has failed to produce
the intended reduction in crime.
Next Steps
Municipalities across the country can ensure that anti-gang and anti-loitering
ordinances do not violate civil liberties by (1) explicitly defining illegal forms of
loitering that directly contribute to gang-related violence, (2) explicitly defining
the qualifications police officers may use to identify gang members, and (3)
ensuring that the identification of neighborhood “hot spots” for crime is based
on empirical data and that residents living within a newly-designated “hot spot”
are informed of the new legal procedures that apply to them.
The city of Chicago should reexamine its approach to reducing gang violence by
placing a higher emphasis on empowering community members to take active
roles in restoring order to their community by promoting community programs,
while reducing the polarizing practices of loitering dispersals. Community
policing programs have strengthened ties between community members and law
enforcement officials.
State and local governments have attempted to raise pay, increase benefits,
and create better working
conditions for guards, but in Key Facts
states like Texas and Wyoming • Nationwide, there is a prison guard shortage.
where rural areas are targeted • In Texas, 17% of prison positions are unfilled.
as sites for prisons, a real Many of the prisons with the most severe staff-
challenge to staffing those ing shortages are in rural areas where the pris-
prisons is the lack of housing on is larger than the town.
available to guards. These areas • A lack of affordable housing and the high price
should refund of a percentage of gasoline are a disincentive for trained guards
of transportation costs to work to serve in such areas.
for guards as an alternative
to pay raises (which have
proven ineffective) or creating
politically controversial affordable housing.
Prison guard shortages affect prisoners, other prison staff, and the surrounding
community. Prisoners are often subject to harsh conditions when an adequate
guard to prisoner ratio is not maintained. In such instances, prisoners are
forced to share spaces meant for a smaller number of prisoners, in order to
be more easily guarded, according to a 2001 report by the Texas Commission
on Jail Standards. They are given less time outside or in recreational activities
for the same reason. The conditions
within the prison also become unsafe
Talking Points for prisoners for obvious reasons. The
• The Texas prison system, where the guards at understaffed prisons work in
prison building boom of the late unsafe conditions in which they are more
1990s saw the creation of rural pris- susceptible to being overwhelmed by
ons in the state, can serve as a test prisoners. The community too is at risk
case for the nation. when prison guard ratios are not met.
• When there are prison guard short- When the shortage of guards becomes
ages, the safety of the inmates, work- particularly acute, prisons are closed or
ers, and communities is at risk. parole releases are accelerated. This
• Addressing the lack of housing for increases the risk that communities will
those guards who do wish to serve be faced with parolees who are not
understaffed areas is a solution that ready to return to society.
will increase economic development
in rural areas over the long term.
History
The late 1990s saw a prison-building boom in Texas and other states. The
prisons were built in rural areas to stimulate economic development and
avoid political opposition. As a result, in Texas over 80% of prisons with the
most severe guard shortages are in towns with fewer than fifteen thousand
people. The rural nature of these towns makes attracting development
challenging, even with tax incentives or zoning allowances.
Analysis
The high cost of has only adds to the travel burden facing prison guards.
Assuming a prison guard in a state like Texas has to drive 50 miles to work,
gas prices of $4 a gallon, and an average fuel economy of 23 miles a gallon,
he or she guard would spend $17 a day in fuel costs. That’s 120 dollars a
week and over $5,500 a year.
Audience
This policy is directed at state legislatures in states that face a pervasive
prison guard shortage. It is most applicable to legislators in states that face
a shortage of prison guards in rural, rather than urban areas, and that have
recently raised pay scales without seeing a decline in the shortage.
Next Steps
Before implementing a policy to ease the travel burden of prison guards,
states should make sure that other options have been examined or
attempted. Pay raises, increases in benefits, and increased enforcement of
safety standards are compelling incentives for potential guards and should
be pursued first.
Neary, Ben, “Wyo. prison officials say housing key to attracting, retaining staff,” Rocky Mountain
News, May 8, 2007.
Sunset Advisory Commission, “Staff Report: Department of Public Safety,” May 2008. Available at
<http://www.sunset.state.tx.us/81streports/dps/dps.pdf>
Texas Commission on Jail Standards, “Texas County Jails 2001: A Status Report.”
United States Department of Labor, “Occupational Employment and Wages, May 2007,” Last
modified April 3, 2008. Available at <http://www.bls.gov/oes/current/oes333012.htm>
Ward, Mike, “Speeding release of parolees could ease prison guard shortage, lawmakers say,”
Austin American Statesman, January 11, 2008.
41
Early Childhood Education in Prisons
Simone Phillips, The Colorado College
Analysis
States should enact programs that enable children of inmates to receive early
childhood education at the place of their parent’s incarceration. Incarcerated
parents would play an active role in interacting with their child in his or her pre-
school classroom. The child’s incarcerated caregiver would benefit by learning
from trained professionals in the classroom the best ways to interact with their
children. The Coffee Creek Correctional facility, in Wilsonville, Oregon has
recently implemented an on-site early childhood education program for the
children of incarcerated mothers.
By placing early childhood education programs in the prison, parents can maintain
bonds with their children as well as receive parenting instruction from specialists.
States should invest in on-site early-childhood education programs, which will
serve children and parents by helping them to maintain strong bonds as well as
give pre-kindergarten aged children the ability to develop the skills necessary to
succeed in school.
Next Steps
States should budget money for these programs. Currently president Bush
has allotted 45 million dollars for mentoring programs for the children of the
incarcerated. Rather than spending money on outside mentors, it makes sense for
federal and state governments to invest in preserving and enhancing the existing
bonds between parents and children. In addition, there is much support from
law enforcement as well as other communities to create head-start programs to
serve low-income children.
Favro, Tony. “Up to 10 million American children suffer the consequences of convicted
parents”. City Mayors Society. 2007.
Key, Tori. “Cost Effective Criminal Justice: A Survey of National Issues and Trends”.
Wisconsin Sentencing Commission. Mar. 2005.
It is estimated that on any given day, 1.5 million children have a parent in prison;
as the incarceration rate continues to rise, this number will only grow. Families of
convicts are very likely to be in the lowest income bracket—half of incarcerated
parents report a monthly income of under $1000 before their arrest. Low-income
and incarcerated individuals are both likely to experience health inequality, as
well as physical and mental health problems.
Thirty-two states have taken steps to expand eligibility and use of Medicaid and
SCHIP in low-income families in the last year, including efforts to simplify and
streamline enrollment and renewal processes. The simplest and most effective
way to expand the use of Medicaid by those who qualify is through the guidance
of a social worer. In families with an incarcerated parent this sort of intervention
is crucial, as the trauma and stress of having an incarcerated parent can trigger
severe emotional and behavioral problems in a child, and health benefits may
provide a crucial venue for reducing this impact
History
Ongoing Medicaid and
Talking Points SCHIP outreach efforts have
• Inmates’ families experience financial strain and targeted low-income and
diminished resources, especially as the job of minority populations but
fully supporting and caring for the inmate’s chil- do not specifically focus on
dren shifts. the families of incarcerated
• Children are likely to develop severe emotional individuals. Further, SCHIP
and behavior problems as a result of the stress and Medicaid outreach efforts
of having an incarcerated parent. on the state and local level
have generally been somewhat uncoordinated, and funding for outreach
efforts is often cut in times of financial strain, leading to inconsistency and
discontinuity in programming.
Analysis
Social workers who already deal with present convicts’ families, or those who act
as parole officers and work with convicts after they leave prison, might take on this
new role. This policy might require new, targeted funding, especially as funding
for other modes of outreach have been cut—the federal agency responsible for
Medicare and Medicaid recently cut administrative funding for outreach and
enrollment personnel. Because of discontinuities between federal, state and
county jails, implementation of the policy would require some coordination on
the federal level to ensure success.
Audience
Those families who are already suffering under the burden of an absent parent
would benefit from the attention and reliability of a social worker. This policy not
only applies to households of mothers and their own children, from which an
incarcerated father is absent, but also extends to any children of an incarcerated
parent who have been placed under the care of grandparents, friends, relatives,
or any other caregiver who may not have the resources to provide fully for
them.
Next Steps
Funding for Medicare and Medicaid outreach must be increased in order to
target programs such as this. Training at the state and possibly federal level
should be provided for social workers who agree to be the contact person for
families with regard to benefits. Additionally, a coordinated oversight program
should be implemented at either the state or federal level to ensure that inmates
within different prison systems are all covered by the program.
The Kaiser Commission on Medicaid and the Uninsured. “Health Coverage for Children and
Families in Medicaid and SCHIP: State Efforts Face New Hurdles.” Kaiser Family Foundation.
January 28, 2008. Available at http://www.kff.org/medicaid/7740.cfm
Hammet, Theodore M., Cheryl Roberts, and Sofia Kennedy. “Health-Related Issues in Prisoner
Reentry.” Crime Deliquency 2001; 47; 390. Available at <http://cad.sagepub.com/cgi/content/
abstract/47/3/390>
La Vigne, Nancy G., Elizabeth Davies, and Diana Brazzell. “Broken Bonds: Understanding and
Addressing the Needs of Children with Incarcerated Parents.” Urban Institute Justice Policy
Center. Available at <http://www.urban.org/publications/411616.html>.
45
Parental Care in Prison Facilities
Jabeen Ahmad, University of North Carolina
History
The model of an alternative family residential facility comes from a non-
profit North Carolina organization called Our Children’s Place. Through
combined efforts of educators, politicians, and advocates, Our Children’s
Place has plans for a facility that will house ten female prisoners and
twenty children (under kindergarten age). The facility is equivalent to a
minimum-security prison and is a voluntary program. Our Children’s Place
will take children from all over the state and will provide residents with
educational programs and job training while they serve out their sentences.
The facility has not yet been built, but is set to open in 2009. Another
model of alternative family residential facilities comes from a California
organization called Center Point, Inc., which provides a similar residential
program called Family Foundations. Family Foundations houses pregnant or
parenting mothers in a community-based program. Women in the program
receive twelve months in-facility care and twelve months out-facility care
after parole.
Analysis
Talking Points Alternative residential
• Under this policy, mothers and children are not facilities allow child and
separated and family bonds are strengthened in al- mother to remain together
lowing children to be raised by their birth parent. during the mother’s
• Separation of mother and child inadvertently pun- incarceration period.
ishes the child, who grows up without a mother and Facilities would only be
is often placed in the foster care system. available to nonviolent
• This program also provides education on parent- offenders, which would
ing, health, and life skills, with a focus on obtaining eliminate potential harm
employment. Having children nearby motivates the to the child. This allows
mother to improve her lifestyle and gives her hope children to receive the
to work for her children. support needed during their
• With a focus on rehabilitation and family, the pro- childhood and development.
gram seeks to ease the prison burden by providing Moreover, mothers do not
an alternative to traditional incarceration, lowering miss crucial periods in her
the number of women in prison, and preventing re- child’s growth and have the
peat offenders. constant motivation needed
to become better.
Audience
Alternative residential facilities are beneficial to female prisoners, children,
social programs, and states. The facility would help to alleviate the number
of women in prison and prevent repeat offenders. Children remain with
their mothers and out of the foster care system, providing relief for social
workers and social programs.
Next Steps
Implementation of alternative residential facilities requires a location and staff
for security, training and programming. The five-part program covers: 1) funding,
2) location, 3) staff, 4) educational and rehabilitation programming, and 5) job
training.
Of course, the debt that noncustodial parents emerge from prison with
is in addition to other debt from any court fees or collateral damages
they may have accumulated, as well as any previously outstanding child
support arrears. In 2001, average outstanding child support arrears at the
time of incarceration were $10,249 for parents with child support orders in
Colorado, and $10,543 for those parents in Massachusetts.
History
This situation has arisen primarily as a result of court cases that delineate the
circumstances under which child support orders can be changed. Currently,
21 states do not consider incarceration sufficient circumstances for altering
a child support order, while 13 states plus the District of Columbia do
consider it sufficient reason, and 11 states will consider incarceration status
in conjunction with other factors. Two recent court cases on the issue-
in Montana and Wisconsin- have upheld the notion that incarceration is
“voluntary unemployment.” Recently, some states, such as Texas and Ohio,
have begun to incorporate parenting programs into pre-release community
reentry programming.
History
Since the 1930s, the Supreme Court has upheld the unconstitutionality of
summarily dismissing tenured public employees who have not been found guilty of
wrongdoing. Created as a means
Talking Points to satisfy both the Supreme
• New York City’s teacher reassignment cen- Court’s ruling and the demands
ters, commonly referred to as “rubber rooms,” of unions, reassignment centers
unfairly subject teachers under disciplinary were considered a progressive
investigation to idleness and inactivity. compromise by the Department
• Rubber rooms are literal rooms in which of Education. After numerous
teachers under investigation sit, with nothing small amendments, the policy
to do, while earning their normal salaries. has existed in its final form since
• Investigations of teacher misconduct often August 25, 1994.
last far too long, costing the Department of
Education a great deal of money and keeping Analysis
innocent teachers out of the classroom some- The purpose of reassignment
times for over a year. centers is to provide teachers
under investigation with fair and just alternatives to being in the classroom.
However, New York City’s current reassignment program fails to do so. Without
work or any other activity, teachers sit idly in rubber rooms for seven hours each
working day, contributing nothing to children’s education or the community at-
large. Common activities include listening to iPods, playing cards, and sleeping.
As of 2007, personal items are not allowed to be kept overnight in rubber rooms,
further limiting the range of activities permitted by the Department.
Next Steps
Concern for the high cost and minimal benefits of New York City’s rubber rooms
is beginning to surface, though further steps must be taken by the Department of
Education to ensure that teachers under investigation are fairly treated. Two major
changes should be made to the current policy. First, the Department’s Office
of Special Investigations should look further into expediting the investigation
process, as lengths of some current cases have been longer than teachers’
tenures in the first place. Second, alternative employment opportunities for
these teachers could take the form of either administrative duties within the
Department or community service projects in and around the five boroughs.
51
Community Centered After-School Programs
Vrutika Mody, Middlebury College and Gracye Cheng, Harvard University
History
After-school programs have proved successful in deterring juvenile crime.
Unsupervised teens are three times more likely than supervised youth to
engage in criminal behavior. A joint report from the US Department of
Education and Department of Justice illustrates that students involved in
after-school programs demonstrate reduced behavioral problems, a better
ability to handle conflicts, and improved self-confidence.
Analysis
After-school programs have successfully averted students from turning to
crime. Students who do not participate in extracurricular activities are 49
percent more likely to use drugs than students who spend one to four
hours weekly in an after-school program. Students with mentors through
after-school programs are 46% less likely to take drugs, 27% less likely to
drink alcohol and one-third less likely to physically attack another person.
Next Steps
Community-based programs should be set up via a system similar to
Title V of the JJDP Act. Title V provides states with funding, based on
a calculation of youth population and community need, to support state-
specific delinquency prevention strategies. The funding is supervised
and distributed by state advisory groups to local governments, where
comprehensive plans tailored to community needs can be developed.
This same structure can be applied with great effect to community-based
programs.
“After School Programs Fact Sheet.” Apr 2008. National Youth Prevention Resource Center. <
http://www.safeyouth.org/scripts/facts/afterschool.asp>
“America’s After-School Choice: Juvenile Crime or Safe Learning Time.” Fight Crime: Invest in
Kids. <http://www.fightcrime.org/issue_aftersch.php>
Glazer, Carol. “Financing After School Programs: Prospects for Juvenile Justice Funding.” The
Afterschool Project <http://www.theafterschoolproject.org/uploads/FinalJJPaper1022v2.pdf>
History
From the “crime epidemic” of the period from 1985-1994 came many
community-oriented efforts to not merely solve crimes, but prevent them.
Boston’s Operation Ceasefire approached an unprecedented rise in juvenile
violence by facilitating joint-partnerships between law enforcement, schools
and community actors such as churches and community organizations. A
coordinated preventative model drastically reduced gun crimes between
1995 and 1999.
Analysis
A lack of a centralized review process makes it difficult to ascertain exact figures.
For example, authorities confirmed only 1,343 of the abuses initially identified by
the AP. The lack of authoritative numbers makes it difficult for any reforms to take
place. This policy would not require a significant amount of money to implement;
after the initial infrastructure for the review board is set up, dissemination of the
findings of the board online would provide valuable information at a relatively
low cost.
Next Steps
This Board would be in the best position to compile a report on the effects of
federal funding cuts upon anti-crime efforts in Orlando. Such findings would
aid in Florida U.S Congresspersons’ efforts to restore national law enforcement
grants to Orlando and elsewhere in the long-term.
Blumstein, Alfred, Frederick P. Rivara and Richard Rosenfeld. “The Rise and Decline of Homicide
and Why.” Annual Review of Public Health. Pgs 505-41, 2000.
Corzine, Jay and Lin Huff-Corzine. Homicides in Orlando, 2000-2006: A Descriptive Report.”
Prepared for Orlando Police Department and Mayor’s Safe Orlando Task Force, Jan. 2007.
55
Implement National Board of Review to
Oversee Private Juvenile Justice Centers
Gracye Cheng, Harvard University
History
This lack of review is,
without a doubt, a major Talking Points
factor in the rise of human • Rising costs of state-run juvenile detention cen-
rights abuses within ters have led to the increased use of private ju-
private detention centers, venile justice centers.
as evidenced by a recent • Accreditation and licensing standards of private
spade of court cases and juvenile justice centers vary at the state and
investigative reports. Minors even local level. The absence of federal over-
have reported allegations sight makes it difficult to ascertain accurate in-
of sexual abuse, including formation about abuse.
sexual coercion by guardians, • This policy would not require a significant
physical intimidation, and amount of funding for sustainability: after the ini-
psychological intimidation. tial infrastructure for the review board is set-up,
More than 13,000 claims of dissemination of the findings online would pro-
abuse were filed between vide valuable information at a low cost.
2004 through 2007, roughly
equating to 28 percent of the 46,000 detainees in private juvenile justice
centers in 2007. A 2004 study of 194 private facilities conducted by the U.S.
Justice Department discovered nearly 3,000 allegations of sexual abuse
by staffers of these private facilities. Lawsuits pursued by the U.S. Justice
Department have detailed brutalization that included instances where
detainees were stripped naked, tied in chains, raped, and even forced to
eat their own vomit.
Analysis
A lack of a centralized review process makes it difficult to ascertain exact figures.
For example, authorities confirmed only 1,343 of the abuses initially identified by
the AP. The lack of authoritative numbers makes it difficult for any reforms to take
place. This policy would not require a significant amount of money to implement;
after the initial infrastructure for the review board is set up, dissemination of the
findings of the board online would provide valuable information at a relatively
low cost.
Audience
The policy should be implemented at a national level by assembling a
review board that incorporates representatives from government, media,
and independent organizations.
Next Steps
The federal committee should begin a process that would allow for the assessment
of every private detention center in the country. This review would most likely
require self-reported documents from private juvenile detention centers that
detail the conditions of the center and reveal any and all previous allegations
of abuse. Furthermore, the private center would have an opportunity to
respond to such allegations. The committee should build on the work of existing
organizations such as the American Correctional Association, which has already
created national standards of operations for private juvenile justice centers. The
goal of the committee would be to publish an annual report that would be widely
disseminated.
Chapman, Kathleen. “US: Juvenile Detention Center May Be Privatized.” Palm Beach Post. April
12 2006. <http://www.corpwatch.org/article.php?id=13475>.
“How is Juvenile Detention Organized and Administered From State to State?” National Center
for Juvenile Justice. National Center for Juvenile Justice. <http://www.ncjj.org/>.
Mohr, Hohlbrook. “13K Claims of Abuse in Juvenile Detention Since ‘04.” USA Today. March 2,
2008. <http://www.usatoday.com/news/nation/2008-03-02-juveniledetention_N.htm>.
Since juveniles are less likely to take advantage of legal counsel after
an arrest, this policy ensures their full protection under the law while
retaining their right to refuse counsel after an initial meeting with a
defense attorney.
History
The Miranda rights form a crucial part of the criminal justice system, however,
many juvenile defendants are not likely to take advantage of an essential
right contained within, the right to legal
counsel. Research shows that in some
Talking Points areas, over half of juveniles appearing
• Research shows that approximately in court stand without representation,
80 percent of juveniles do not un- which makes them more likely to
derstand the Miranda rights, includ- enter guilty pleas in cases lacking
ing the right to legal representation. material evidence and also subject
• Defendants represented by counsel to longer prison sentences. Often,
are less likely to be wrongly convict- the minors appearing in court simply
ed and are more likely to take plea do not understand the constitutional
bargains. guarantees of the Miranda rights, and
• At a relatively low implementation are therefore not equipped to deal
cost, juveniles are ensured their full with the consequences of a criminal
protection under the law. trial.
Analysis
Any nudge in the direction of taking legal counsel is certainly one worth considering.
With such grim statistics shown in the case of juvenile representation, change is
necessary. A mandate requiring minors to hold legal counsel is a much better
policy than having no policy for minors in this matter, as it would mitigate all of the
aforementioned problems, bringing a measure of equality in the criminal justice
system for minors by giving them at least a fair chance in court. However, this
comes at a cost, the cost of freedom of choice. Just as Miranda rights guarantee
certain rights, they also implicitly guarantee the right to refuse those rights, such
as the right to remain silent. However, within the juvenile justice system the
right to freedom of choice has frequently been made subservient to the need
to protect minors, as seen in the rules for questioning suspects, witnesses and
victims in cases involving juveniles.
Audience
By and large, justice systems are determined differently in each state, with
some legislating on the state level and others leaving it to their counties.
However, much of the previous legislation on this topic has been done at the
state level, and should thus be directed to state legislatures. Additionally,
organizations like the National Juvenile Defender Center have begun working on
this, so it would be helpful to coordinate efforts with these organizations.
“Libertarian Paternalism.” The University of Chicago Law School Faculty Blog <http://uchicagolaw.
typepad.com/faculty/2007/01/libertarian_pat.html>.
Sunstein, Cass R. and Thaler, Richard H. “Libertarian Paternalism Is Not An Oxymoron.” University
of Chicago Law Review. Forthcoming.
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Notes