Shadow pricing utilitarian justice: some tentative estimates

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Andrew Torre ◽  
Darryl Whitford Coulthard
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Economic Value ◽  
Social Implications ◽  
Separate Analysis ◽  
Content Type ◽  
Shadow Pricing ◽  
The Social ◽  
Social Productivity

PurposeThe purpose of this paper is to recognise and provide an approach to estimate the value of an institution that produces a public good to the wealth of a nation. Specifically, the authors value utilitarian justice.Design/methodology/approachThe paper employs the classical economic theories of crime and shadow pricing to estimate the total economic value and shadow prices or social productivity of police and higher court deterrence. These measures are estimated using the definitions provided by Dasgupta and by re-engineering key deterrence elasticity estimates gleaned from Australian econometric studies.FindingsThe empirical findings suggest a relatively high social value for police and higher court deterrence. Notwithstanding, addressing socio-economic disadvantage is likely to prevent more subsequent offences than directing more resources to the operation of the criminal justice system.Research limitations/implicationsThe key limitations involve the sensitivity of the estimates to error. Further work is required on all the estimates in the model and in particular the social costs of the serious offences. The next step is to estimate the opportunity cost of supplying police and court deterrence. The cost estimate can then be combined with the estimates of social benefits to estimate a benefit-cost ratio. The model in broad terms demonstrates a way forward to estimating the economic value of and the social productivity of the criminal justice system. The provision of retributive justice is also ignored in this contribution. This requires a separate analysis.Social implicationsThe social implications are that there appears a way to both justify and evaluate the criminal justice system and this methodology may be applied to the operation of other public services.Originality/valueThe originality of this paper lies in suggesting a method to solve the valuation problem for the jointly produced public goods of the higher courts and police.

Researching sensitive topics for the police – insights from the UK

2018 ◽  
Vol 4 (2) ◽  
pp. 89-100
Author(s):  
Colin Rogers
Keyword(s):  
Public Policy ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Research Methods ◽  
Justice System ◽  
Social Implications ◽  
Sexual Offences ◽  
Content Type ◽  
Sensitive Areas ◽  
Sensitive Topics

Purpose The purpose of this paper is to illustrate how practical research can be undertaken into sensitive issues within the criminal justice system having cognisance of the needs of those subject to the research process. Design/methodology/approach A mixed methods design which was complicated due to the subject matter being explored, that of historical reporting of sexual offences. Confidential questionnaires and focus group method utilised, but in constant contact with specialised victim support service to ensure rights of victims understood and interwoven into the design. Findings Even though there are some very sensitive areas within the criminal justice system where it is believed research is difficult to undertake, it can be achieved by constant reference to the needs of the victim and strict confidentiality. Given the right circumstances and approach, research into what has been previously considered areas of difficulty can be researched effectively. Research limitations/implications Due to the research methods explored an utilised, a template for research methodology can be seen which can be transferred into any other sensitive topic that requires research. In addition, by undertaking this method, previously unheard voices of victims of historical crimes can be utilised to inform official policy and practice. However, a limitation of the approach can be the low number of respondents wishing to take part. Practical implications Victims have an opportunity to influence public policy. The methods utilised “opens up” the possibility for replication of research into other sensitive areas of the CJS. The methods utilised involved a number of Criminal Justice Agencies which assisted in maximising their understanding of victims experiences thorough the partnership approach. The research methods and results influencing training methods of the police as first responders to such incidents. Social implications The social implications of this paper are that it will encourage other researchers not to be afraid of what appears to be “hard to reach” and sensitive topics in terms of social science research. This will allow for greater numbers of marginalised individuals and victims to engage and influence the criminal justice system, thereby influencing public policy and improving the way victims of crime are treated. Originality/value This paper is one of the few, if any, that explores ethical problems and sensitive topics such as historical reporting of sexual offences. It will have resonance for those who wish to undertake similar types of research.

Reforming the criminal justice system – an ethical leadership approach

2017 ◽  
Vol 13 (2) ◽  
pp. 64-75 ◽  
Author(s):  
Verl Anderson ◽  
Riki Ichiho
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Ethical Leadership ◽  
Justice System ◽  
Ethical Issues ◽  
Content Type ◽  
The Public ◽  
Moral Perspective ◽  
Conceptual Paper ◽  
Practical Implications

Purpose The current criminal justice system is pledged to serve and protect society while preserving the rights of those who are accused. The purpose of this paper is to explore the premise of “innocent until proven guilty” and examine whether this assumption truly prevails under the current criminal justice system, or be modified to accommodate a sliding continuum of virtuosity. Design/methodology/approach This paper is a conceptual paper which relies heavily on the current literature about criminal justice and related ethical issues. Findings The paper argues that today’s criminal justice system fails to meet the standards of the virtuous continuum and that those who oversee that system need to rethink how the system operates and is perceived by the public if they wish the criminal justice system to be perceived as just, fair, and ethically responsible. Research limitations/implications Because this paper is a conceptual paper it does not present research hypotheses. Practical implications This paper suggests that “virtue” and “ethics” must be the foundation upon which the criminal justice system is evaluated, and criminal justice must incorporate an ethical standard which is virtuous and fair to all parties and leaders who oversee that system must meet the standards suggested by the virtuous continuum. Originality/value This paper is among the first to identify the viewpoint of the virtuous perspective, moral perspective, amoral perspective, and immoral perspective in the criminal justice system.

Cultural competence in criminal justice

2015 ◽  
Vol 23 (5) ◽  
pp. 39-42
Author(s):  
Angela Herbert MBE
Keyword(s):  
Criminal Justice ◽  
Cultural Competence ◽  
Criminal Justice System ◽  
Justice System ◽  
Chief Executive ◽  
Skills Training ◽  
Voluntary Organizations ◽  
Content Type ◽  
The Government ◽  
Minority Ethnic

Purpose – Considers the role of cultural competence in the criminal-justice system and the crucial role that can be played by the right kind of training. Design/methodology/approach – Argues that there are no quick solutions to disproportionality of black and minority ethnic people in the criminal-justice system but advances the view that while individuals are incarcerated, it is important for the organization and its staff to make provisions that will make a difference. Findings – Suggests that any training provision should be made subject to those industries that are likely to employ black minority ethnic (BME) people, and that offering skills in prison that do not reflect cultural attainment in industry would be setting individuals up to fail. Practical implications – Urges that awareness and training should be embraced throughout all organizations from government policymakers, chief executive officers, management board, operational staff and partners, voluntary organizations and the client or user. Social implications – Argues that commitment from the government and the prison service can result in the provision of the kinds of cultural-competence learning and skills training that can more appropriately meet the needs of, in particular, BME individuals who are frequently ill-equipped when they leave the judiciary system. Originality/value – Concludes that this support would also help to communicate and promote awareness of other people’s cultures, provide insight into their understanding of the organization’s culture while also enabling the public to understand the importance of implementing positive change.

Roadside drug testing: Incoherent policy or uncertainty by design?

2018 ◽  
Vol 43 (1) ◽  
pp. 30-34 ◽  
Author(s):  
Aidan Ricketts
Keyword(s):  
Criminal Justice ◽  
Side Effects ◽  
Criminal Justice System ◽  
Road Safety ◽  
Justice System ◽  
Drug Testing ◽  
Social Legitimacy ◽  
Driving Impairment ◽  
The Social ◽  
Negative Side Effects

Roadside drug testing regimes being implemented around Australia have been presented as essential for road safety but are compromised by significant policy incoherence. Prosecution based upon driving impairment has been replaced with prosecution based upon mere detection of a specified substance. The conflation of road safety and prohibition as the jurisprudential rationale for penalty by legislators is producing significant negative side effects for the criminal justice system and for the social legitimacy of the roadside testing process generally. Genuine impairment testing for drivers is important but it is not being achieved by the current procedures in place around Australia.

The importance of external stakeholders for police body-worn camera diffusion

2018 ◽  
Vol 41 (4) ◽  
pp. 448-464 ◽  
Author(s):  
Natalie Todak ◽  
Janne E. Gaub ◽  
Michael D. White
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Diffusion Of Innovations ◽  
Justice System ◽  
Planning Process ◽  
Short Circuit ◽  
Police Department ◽  
Content Type ◽  
Daily Work ◽  
External Stakeholders

Purpose The diffusion of innovations paradigm suggests that stakeholders’ acceptance of a police innovation shapes how it spreads and impacts the larger criminal justice system. A lack of support by external stakeholders for police body-worn cameras (BWCs) can short-circuit their intended benefits. The purpose of this paper is to examine the perceptions of BWCs among non-police stakeholders who are impacted by the technology as well as how BWCs influence their daily work processes. Design/methodology/approach The authors conducted interviews and focus groups (n=41) in two US cities where the police department implemented BWCs. The interviewees range from courtroom actors (e.g. judges, prosecutors) to those who work with police in the field (e.g. fire and mental health), city leaders, civilian oversight members, and victim advocates. Findings External stakeholders are highly supportive of the new technology. Within the diffusion of innovations framework, this support suggests that the adoption of BWCs will continue. However, the authors also found the decision to implement BWCs carries unique consequences for external stakeholders, implying that a comprehensive planning process that takes into account the views of all stakeholders is critical. Originality/value Despite the recent diffusion of BWCs in policing, this is the first study to examine the perceptions of external stakeholders. More broadly, few criminologists have applied the diffusion of innovations framework to understand how technologies and other changes emerge and take hold in the criminal justice system. This study sheds light on the spread of BWCs within this framework and offers insights on their continued impact and consequences.

One Role of the Social Scientist in the Courtroom: The Maria Pitchford Case

1979 ◽  
Vol 7 (2) ◽  
pp. 269-272
Author(s):  
Katherine Van Wormer
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Social Scientist ◽  
Jury Selection ◽  
Recent Trial ◽  
The Social

Sociologists have been involved in various aspects of the criminal justice system. The author examines the role of the sociologist in jury selection. Using as a background her involvement in a recent trial, she discusses the basic strategies involved in selecting a jury.

Case management helps prevent criminal justice recidivism for people with serious mental illness

2017 ◽  
Vol 13 (3/4) ◽  
pp. 168-172 ◽  
Author(s):  
Heather Leutwyler ◽  
Erin Hubbard ◽  
Elaine Zahnd
Keyword(s):  
Mental Illness ◽  
Criminal Justice ◽  
Case Management ◽  
Criminal Justice System ◽  
Serious Mental Illness ◽  
Justice System ◽  
Secondary Analysis ◽  
Formerly Incarcerated ◽  
Community Reentry ◽  
Content Type

Purpose The purpose of this paper is to discuss how case management can decrease recidivism for people with serious mental illness (SMI) because people with SMI are at high risk for incarceration and recidivism. Design/methodology/approach Examples of successful case management models for formerly incarcerated individuals with SMI found through a secondary analysis of qualitative data and an analysis of the literature are presented. Findings Currently, no international, national, or statewide guidelines exist to ensure that formerly incarcerated individuals with SMI receive case management upon community reentry despite evidence that such services can prevent further criminal justice involvement. Recommendations include establishment of and evaluation of best practices for case management. In addition, the authors recommend additional funding for case management with the goal of greatly increasing the number of individuals with SMI leaving the criminal justice system in their ability to access adequate case management. Originality/value Providing effective case management tailored to the needs of formerly incarcerated people with SMI improves their quality of life and reduces their involvement in the criminal justice system with clear positive outcomes for public safety and public health.

scholarly journals A rapid systematic review of what we know about alcohol use disorders and brief interventions in the criminal justice system

2016 ◽  
Vol 12 (1) ◽  
pp. 57-70 ◽  
Author(s):  
Dorothy Newbury-Birch ◽  
Ruth McGovern ◽  
Jennifer Birch ◽  
Gillian O'Neill ◽  
Hannah Kaner ◽  
...  
Keyword(s):  
Systematic Review ◽  
Criminal Justice ◽  
Alcohol Use ◽  
Young People ◽  
Criminal Justice System ◽  
Justice System ◽  
Alcohol Use Disorders ◽  
Brief Interventions ◽  
Content Type ◽  
The Uk

Purpose – The purpose of this paper is to review the evidence of alcohol use disorders within the different stages of the criminal justice system in the UK. Furthermore it reviewed the worldwide evidence of alcohol brief interventions in the various stages of the criminal justice system. Design/methodology/approach – A rapid systematic review of publications was conducted from the year 2000 to 2014 regarding the prevalence of alcohol use disorders in the various stages of the criminal justice system. The second part of the work was a rapid review of effectiveness studies of interventions for alcohol brief interventions. Studies were included if they had a comparison group. Worldwide evidence was included that consisted of up to three hours of face-to-face brief intervention either in one session or numerous sessions. Findings – This review found that 64-88 per cent of adults in the police custody setting; 95 per cent in the magistrate court setting; 53-69 per cent in the probation setting and 5,913-863 per cent in the prison system and 64 per cent of young people in the criminal justice system in the UK scored positive for an alcohol use disorder. There is very little evidence of effectiveness of brief interventions in the various stages of the criminal justice system mainly due to the lack of follow-up data. Social implications – Brief alcohol interventions have a large and robust evidence base for reducing alcohol use in risky drinkers, particularly in primary care settings. However, there is little evidence of effect upon drinking levels in criminal justice settings. Whilst the approach shows promise with some effects being shown on alcohol-related harm as well as with young people in the USA, more robust research is needed to ascertain effectiveness of alcohol brief interventions in this setting. Originality/value – This paper provides evidence of alcohol use disorders in the different stages of the criminal justice system in the UK using a validated tool as well as reviewing the worldwide evidence for short ( < three hours) alcohol brief intervention in this setting.

Deferring felony prosecution: a process evaluation of an innovative Cook County State’s Attorney’s Office program

2017 ◽  
Vol 3 (4) ◽  
pp. 261-273 ◽  
Author(s):  
Jennifer Cossyleon ◽  
John Orwat ◽  
Christine George ◽  
Don Stemen ◽  
Whitney Key
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Cost Effective ◽  
Criminal Court ◽  
Cook County ◽  
Criminal Prosecution ◽  
Felony Conviction ◽  
Content Type ◽  
First Time

Purpose The Cook County State Attorneys’ Deferred Prosecution Program (DPP) is a pre-trial diversionary program that accepts first-time, non-violent defendants charged with a felony crime. The purpose of this paper is to document the development, implementation, and program patterns of the DPP to better understand the program’s scope and reach in diverting defendants from traditional criminal prosecution. Design/methodology/approach The approach to evaluating Cook County’s DPP is primarily qualitative. Through interviews with program administrators and current and former participants, the authors document the process of creating and implementing such DPP that aims to avoid a felony conviction altogether. The authors provide program participant patterns to shed light on the program’s scope and reach in diverting defendants from traditional felony prosecution. Findings Using data from staff, administrators, and program participants, the authors found that the DPP was developed and implemented through supportive leadership who instilled a culture of collaboration and buy-in. Expanding the program could include increasing the capacity of DPP to include additional participants or having a DPP incorporated into each branch court, instead of the centralized system under which it currently operates. Increasing the capacity and scope of the program could both further decrease criminal court caseloads and most importantly avoid a higher number of stigmatizing felony convictions for first-time non-violent defendants. Practical implications DPPs are cost effective and can be easily implemented within existing systems. Collaboration and buy-in from all stakeholders are crucial to the program’s success. DPP offers opportunities for expansion. Increasing the capacity and scope of the program could both further decrease criminal court caseloads and most importantly avoid a higher number of stigmatizing felony convictions for first-time non-violent felony defendants. Originality/value The main goals of DPP were two-fold. The first was to minimize the level of resources allocated for non-violent offenders in the criminal justice system by diverting such defendants out of the criminal justice system early in the process and reducing the recidivism rates of program participants. The second aimed to provide an option for eligible defendants to avoid a felony conviction, thereby avoiding the collateral consequences associating with a felony conviction.

A “think piece” on intelligence, investigation and prosecution

2017 ◽  
Vol 24 (3) ◽  
pp. 449-460 ◽  
Author(s):  
David Fitzpatrick
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Financial Services ◽  
Justice System ◽  
Current System ◽  
Organised Crime ◽  
Home Office ◽  
Effective Response ◽  
Content Type ◽  
The Government

Purpose The purpose of this paper is to expose the failure of the criminal justice system of England and Wales to provide an effective response to widespread fraud and to point to sources from which a new doctrine may be created. The author’s approach draws on public sources, in particular, recent Home Office publications, the work of the House of Commons Home Affairs Committee and studies undertaken by the Mayor of London’s offices in 2014/2015. Design/methodology/approach The paper uses a critical assessment of the criminal justice system based on the author’s own experience as a fraud prosecutor. Findings Among the findings is that, while the failings of the current system have been apparent for some years, the extent and depth of the same failings have not been publicly realised, nor sufficiently acknowledged by the authorities. It has become obvious that the traditional response of the criminal justice system, when employed against fraud, will fail for want of anything corresponding to the resources required. A new doctrine will emerge as the Proceeds of Crime Act 2002 is revised and more flexibly employed. The Criminal Finances Bill also holds much promise, in particular, with its new offences akin to money laundering and the provision of powers of investigation at a significantly lower level of command among investigators. However, there remains an apparent reluctance in law enforcement to explain its methodology or to support reform, which would allow a fuller sharing of intelligence and appreciations of threats posed by fraud derived from intelligence with the financial services sector and the victim public. Originality/value The value of the paper is derived from the author’s long experience as a fraud prosecutor and as an adviser to the government, on fraud and organised crime, in a closely related jurisdiction with similar problems, but where greater success has been achieved, namely, Hong Kong.

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