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Justice Under Pressure analyzes the effects of prison crowding on
the justice system. The authors focus on dramatic changes in the
administration of criminal justice in Texas during the 1980s and
the influence of those changes on the three-year survival rates
among parolees released between 1984 and 1987. Setting out to
identify differences in recidivism and the crime rate as a result
of the changes instituted in Texas, the authors report the findings
of their comparative "survival analysis" of 4 successive cohorts of
parolees, plus a chapter specifically directed at a comparative
analysis of an emergency release cohort. The final chapter compares
prison construction policies and crime rate trends in Texas and
California to highlight the major policy implications of the
findings. This book is of particular interest to criminologists,
forensic psychologists, forensic psychiatrists, and students in
these fields.
Over the past forty years, the criminal justice system in the
United States has engaged in a very expensive policy failure,
attempting to punish its way to public safety, with dismal results.
So-called "tough on crime" policies have not only failed to
effectively reduce crime, recidivism, and victimization but also
created an incredibly inefficient system that routinely fails the
public, taxpayers, crime victims, criminal offenders, their
families, and their communities. Strategies that focus on behavior
change are much more productive and cost effective for reducing
crime than punishment, and in this book, William R. Kelly discusses
the policy, process, and funding innovations and priorities that
the United States needs to effectively reduce crime, recidivism,
victimization, and cost. He recommends proactive, evidence-based
interventions to address criminogenic behavior; collaborative
decision making from a variety of professions and disciplines; and
a focus on innovative alternatives to incarceration, such as
problem-solving courts and probation. Students, professionals, and
policy makers alike will find in this comprehensive text a bracing
discussion of how our criminal justice system became broken and the
best strategies by which to fix it.
Over the past forty years, the criminal justice system in the
United States has engaged in a very expensive policy failure,
attempting to punish its way to public safety, with dismal results.
So-called "tough on crime" policies have not only failed to
effectively reduce crime, recidivism, and victimization but also
created an incredibly inefficient system that routinely fails the
public, taxpayers, crime victims, criminal offenders, their
families, and their communities. Strategies that focus on behavior
change are much more productive and cost effective for reducing
crime than punishment, and in this book, William R. Kelly discusses
the policy, process, and funding innovations and priorities that
the United States needs to effectively reduce crime, recidivism,
victimization, and cost. He recommends proactive, evidence-based
interventions to address criminogenic behavior; collaborative
decision making from a variety of professions and disciplines; and
a focus on innovative alternatives to incarceration, such as
problem-solving courts and probation. Students, professionals, and
policy makers alike will find in this comprehensive text a bracing
discussion of how our criminal justice system became broken and the
best strategies by which to fix it.
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.
Contemporary policing is in crisis, a situation that has led to
persistent calls to reform it. Unfortunately, many proposed
solutions focus on piecemeal changes that ignore a fundamental
problem—policing relies on a largely reactive approach that does
not in any systematic or comprehensive way focus on crime
prevention. Most of what the police do, such as responding to 911
calls for service and employing directed patrols or hot spots
policing, fails to address the causes of crime. Compounding this
problem is the absence of any institution or agency charged with
prioritizing the prevention of crime and for ensuring that police
efforts support this goal. Kelly and Mears argue that a better
strategy exists, one that places responsibility on the police and
other governmental and non-governmental agencies and organizations
for truly preventing crime. Why, historically, did crime prevention
not take hold and infuse policing? One reason is a design
flaw—the vision of policing centered too much on surveillance and
too little on efforts that target the diverse causes of crime. The
end result? Contemporary policing lacks any institutionalized
commitment or systematic approach to crime prevention. It is
designed to fail. The Reinvention of Policing diagnoses this
problem, along with many others, in American policing. Then the
authors turn to solutions. First, they call for a great many
reforms to existing practices. Second, they call for a reinvention
of the design and focus of policing and, concomitantly, the way
that states, cities, and towns approach public safety. This change
presents special challenges, but it is the only way to create an
appreciable impact in reducing crime and improving justice.
Contemporary policing is in crisis, a situation that has led to
persistent calls to reform it. Unfortunately, many proposed
solutions focus on piecemeal changes that ignore a fundamental
problem—policing relies on a largely reactive approach that does
not in any systematic or comprehensive way focus on crime
prevention. Most of what the police do, such as responding to 911
calls for service and employing directed patrols or hot spots
policing, fails to address the causes of crime. Compounding this
problem is the absence of any institution or agency charged with
prioritizing the prevention of crime and for ensuring that police
efforts support this goal. Kelly and Mears argue that a better
strategy exists, one that places responsibility on the police and
other governmental and non-governmental agencies and organizations
for truly preventing crime. Why, historically, did crime prevention
not take hold and infuse policing? One reason is a design
flaw—the vision of policing centered too much on surveillance and
too little on efforts that target the diverse causes of crime. The
end result? Contemporary policing lacks any institutionalized
commitment or systematic approach to crime prevention. It is
designed to fail. The Reinvention of Policing diagnoses this
problem, along with many others, in American policing. Then the
authors turn to solutions. First, they call for a great many
reforms to existing practices. Second, they call for a reinvention
of the design and focus of policing and, concomitantly, the way
that states, cities, and towns approach public safety. This change
presents special challenges, but it is the only way to create an
appreciable impact in reducing crime and improving justice.
The Crisis in the American Criminal Courts highlights a variety of
problems that judges, prosecutors, and public defenders face within
a criminal justice system that is ineffective, unfair, and
extraordinarily expensive. While many argue, and I agree, that
crushing caseloads and court dockets certainly qualify as a crisis,
I suggest there is a much greater crisis in the courts that results
in profound downstream effects on criminal justice performance and
outcomes. It sounds simple, but the greatest risk faced by the
justice system is the lack of time, expertise, and resources for
effective decision-making. In this book, I propose a variety of
evidence-based reforms that, as a start, provide the key
decision-makers with professional clinical experts to accurately
assess and advise regarding mitigating the circumstances that bring
individuals into the courts. We must rebalance. We need
incarceration for those who are too dangerous or violent or who are
habitual offenders. For most of the rest, we need to manage risk,
but very importantly, it is time to get serious about behavioral
change. We need to change the culture of the courthouse and
reorient how we think about crime and punishment.
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. Since the first
publication of The Future of Crime and Punishment in 2015 there
have been some significant changes in American criminal justice.
While some efforts are moving in the right direction they are still
nowhere close to meaningful criminal justice reform that focuses on
large scale diversion and appropriate, expert treatment and
rehabilitation of the majority of offenders. In this updated
paperback edition, Kelly provides readers with updated crime,
recidivism and the cost of crime statistics; notes the recent
trends such as the modest reduction in incarceration; and discusses
the impacts of the election of Trump, including his "law and order"
stance as a candidate, his blurring of crime and immigration, the
Justice Department's renewed war on drugs and the opioid crisis by
emphasizing a criminal justice response to a public health problem.
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. 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. 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.
Over the past fifty years, American criminal justice policy has had
a nearly singular focus - the relentless pursuit of punishment.
Punishment is intuitive, proactive, logical, and simple. But the
problem is that despite all of the appeal, logic, and common sense,
punishment doesn't work. The majority of crimes committed in the
United States are by people who have been through the criminal
justice system before, many on multiple occasions. There are two
issues that are the primary focus of this book. The first is
developing a better approach than simple punishment to actually
address crime-related circumstances, deficits and disorders, in
order to change offender behavior, reduce recidivism, victimization
and cost. And the second issue is how do we do a better job of
determining who should be diverted and who should be criminally
prosecuted. From Retribution to Public Safety develops a strategy
for informed decision making regarding criminal prosecution and
diversion. The authors develop procedures for panels of clinical
experts to provide prosecutors with recommendations about diversion
and intervention. This requires a substantial shift in criminal
procedure as well as major reform to the public health system, both
of which are discussed in detail. Rather than ask how much
punishment is necessary the authors look at how we can best reduce
recidivism. In doing so they develop a roadmap to fix a
fundamentally flawed system that is wasting massive amounts of
public resources to not reducing crime or recidivism.
Plea negotiation is rife with due process concerns, including a
heightened risk of coerced pleas, ignoring mens rea, serious
questions about assistance of counsel, limited discovery and little
litigation of the evidence, the conviction of innocent defendants
and significant questions about fairness and equity. Plea
negotiation is also the fast track to criminal conviction, tough
punishment, and mass incarceration. From the perspective of public
policy, plea negotiation perpetuates a harm based, retribution
focused system of crime and punishment. Because of the failures of
public health, the justice system has become a dumping ground for
hundreds of thousands of mentally ill, substance addicted and
abusing, and neurocognitively impaired offenders. And because of a
tough on crime mentality and lack of information and options, the
justice system routinely prosecutes and punishes these offenders.
The evidence is quite clear that punishment does nothing to improve
these circumstances and often exacerbates them. The result, as one
would predict, is extraordinarily high rates of reoffending,
propelling the revolving door of the justice system. Confronting
Underground Justice takes a close look at plea negotiation,
criminal prosecution, public defense, and pretrial justice systems
and identifies a wide variety of problems and concerns with each.
William R. Kelly and Robert Pitman provide key decision makers with
the tools to make better, more informed decisions regarding
pre-trial detention, prosecution and plea deals, criminal defense,
and diversion to treatment. Critical to this effort is redefining
roles, responsibilities and the culture of criminal justice by
prosecutors, judges and defense counsel accepting responsibility
for reducing recidivism and embracing problem solving as a primary
decision making strategy. Kelly and Pitman combine decades of
academic research and policy expertise, with real world experience
in the court system, as a judge and prosecutor to develop
innovative and comprehensive reform. Confronting Underground
Justice provides a prescriptive roadmap for how to fundamentally
reinvent plea negotiation, pre-trial decision making, criminal
prosecution and public defense to effectively reduce recidivism and
save money.
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