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.

The Corfu Criminal Court Archive: Recording, Impressing and Studying the Phenomenon of Violence and Justice in the Ionian State (1815-1864)

2021 ◽  
Vol 4 (1) ◽  
pp. 51-65
Author(s):  
Yanna Dimitriou ◽  
◽  
Eleni Socratus ◽  
Emmanuil Drakakis
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Comparative Studies ◽  
Justice System ◽  
Criminal Court ◽  
Social Classes ◽  
Qualitative Evidence ◽  
History Of ◽  
History Of Law ◽  
First Time

This article examines the encounters of the Ionian people with criminal justice system during the period from 1815 to 1864, when the Ionian Islands were a British protectorate. Drawing on data from cases of the Criminal Court Archives of Corfu for the first time, it argues that criminality mostly concerned the lower social classes and was not very common. Using violence as a lens, the paper primarily focuses on Corfu’s criminal justice system and offers quantitative and qualitative evidence on which further comparative studies of the history of law and crime in Greece and Europe at that time may be based.

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.

Criminal Justice in an Era of Mass Deportation

2017 ◽  
Vol 20 (1) ◽  
pp. 12-38 ◽  
Author(s):  
Ingrid V. Eagly
Keyword(s):  
United States ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
State Level ◽  
Plea Bargaining ◽  
The United States ◽  
Criminal Court ◽  
Law Enforcement Agencies ◽  
Collateral Consequence

After a sustained period of hypercriminalization, the United States criminal justice system is undergoing reform. Congress has reduced federal sentencing for drug crimes, prison growth is slowing, and some states are even closing prisons. Low-level crimes have been removed from criminal law books, and attention is beginning to focus on long-neglected issues such as bail and criminal court fines. Still largely overlooked in this era of ambitious reform, however, is the treatment of immigrants in the criminal justice system. An unprecedented focus on immigration enforcement targeted at “felons, not families” has resulted in a separate system of punitive treatment reserved for noncitizens, which includes crimes of migration, longer periods of pretrial detention, harsher criminal sentences, and the almost certain collateral consequence of lifetime banishment from the United States. For examples of state-level solutions to this predicament, this Essay turns to a trio of bold criminal justice reforms from California that (1) require prosecutors to consider immigration penalties in plea bargaining; (2) change the state definition of “misdemeanor” from a maximum sentence of a year to 364 days; and (3) instruct law enforcement agencies to not hold immigrants for deportation purposes unless they are first convicted of serious crimes. Together, these new laws provide an important window into how state criminal justice systems could begin to address some of the unique concerns of noncitizen criminal defendants.

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.

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.

The Muddied Path between the Criminal Court and the State Hospital

1980 ◽  
Vol 8 (4) ◽  
pp. 389-411
Author(s):  
Jeffrey L. Geller
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
State Hospital ◽  
Treatment Program ◽  
Professional Education ◽  
Justice System ◽  
Community Care ◽  
Community Education ◽  
Criminal Court ◽  
The State

The court's use of the state hospital has been characterized by misuse of criminal commitment statutes to gain admission for defendants. The author examines this process by focusing on the interaction between hospital and court during a 1-month period. The outcome indicates that despite the best intentions of both the legal and the psychiatric professions, criminal commitments yield neither a treatment program nor an aftercare plan. Specific suggestions concerning professional education, forensic services, chronic community care, and community education are made with a focus toward the diminution of inappropriate referrals to the state hospital by the criminal justice system.

Diversion in the Criminal Justice System

2020 ◽  
Author(s):  
Michael Mueller-Smith ◽  
Kevin T. Schnepel
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Harris County ◽  
Natural Experiments ◽  
Abrupt Changes ◽  
Or Practice ◽  
Employment Rates ◽  
First Time ◽  
Second Chance

Abstract This article provides the first causal estimates on the popular, cost-saving practice of diversion in the criminal justice system, an intervention that provides offenders with a second chance to avoid a criminal record. We exploit two natural experiments in Harris County, Texas where first-time felony defendants faced abrupt changes in the probability of diversion. Using administrative data and regression discontinuity methods, we find robust evidence across both experiments that diversion cuts reoffending rates in half and grows quarterly employment rates by nearly 50% over 10 years. The change in trajectory persists even 20 years out and is concentrated among young black men. An investigation of mechanisms strongly suggests that stigma associated with a felony conviction plays a key role in generating these results. Other possible mechanisms including changes in incarceration, other universal adjustments in policy or practice, and differences in criminal processing are ruled out empirically.

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.

Convicted and Condemned

2017 ◽  
Author(s):  
Keesha M. Middlemass
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
White Supremacy ◽  
Public Policies ◽  
Felony Conviction ◽  
Disability Theory ◽  
The Common ◽  
Common Understanding ◽  
The Way

Convicted and Condemned is a critical assessment of how a felony conviction operates as an integral part of prisoner reentry. Drawing on an interdisciplinary framework and ethnographic data, the book advances knowledge about the connection among politics, racial animosity, history, public policies, and a felony conviction, which is rooted in historical notions of infamy and the political system of white supremacy. By applying social disability theory to the way a felony conviction functions outside of the criminal justice system, this book explores the evolution of a felony conviction, the common understanding of it, and the way it became shorthand for criminality and deviance specifically linked to black skin. On the basis of social practices, politicians took the common understanding of a felony conviction and extended its function beyond the boundaries of the criminal justice system so that a felony conviction is now embedded in policies that deny felons access to public housing, educational grants, and employment opportunities. Unique ethnographic and interview data reveal that because felons no longer can be physically exiled to faraway lands, a form of internal exile is performed when a felony conviction intersects with public policies, resulting in contemporary outlaws. The book argues that the punitive discourse around a felony conviction allows for the extension of the carceral state beyond the penitentiary to create socially disabled felons, and that the understanding of who and what a felon is shapes societal actions, reinforces the color line, and is a contributing factor undermining felons’ ability to reenter society successfully.

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.

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