Targeted Sympathy in “Whore Court”: Criminal Justice Actors' Perceptions of Prostitution Diversion Programs

Law & Policy ◽  
2021 ◽  
Author(s):  
Chrysanthi S. Leon ◽  
Corey S. Shdaimah
Keyword(s):  
Criminal Justice ◽  
Diversion Programs

“We’ll Take the Tough Ones”

2019 ◽  
Vol 22 (4) ◽  
pp. 542-584
Author(s):  
Chrysanthi S. Leon ◽  
Corey S. Shdaimah
Keyword(s):  
Criminal Justice ◽  
Diversion Programs ◽  
Social Emotional ◽  
Theoretical Frameworks ◽  
Material Resources ◽  
Professional Goals ◽  
Criminal Justice Systems ◽  
Working Groups ◽  
Justice Systems

Expertise in multi-door criminal justice enables new forms of intervention within existing criminal justice systems. Expertise provides criminal justice personnel with the rationale and means to use their authority in order to carry out their existing roles for the purpose of doing (what they see as) good. In the first section, we outline theoretical frameworks derived from Gil Eyal’s sociology of expertise and Thomas Haskell’s evolution of moral sensibility. We use professional stakeholder interview data (N = 45) from our studies of three emerging and existing prostitution diversion programs as a case study to illustrate how criminal justice actors use what we define as primary, secondary, and tertiary expertise in multi-agency working groups. Actors make use of the tools at their disposal—in this case, the concept of trauma—to further personal and professional goals. As our case study demonstrates, professionals in specialized diversion programs recognize the inadequacy of criminal justice systems and believe that women who sell sex do so as a response to past harms and a lack of social, emotional, and material resources to cope with their trauma. Trauma shapes the kinds of interventions and expertise that are marshalled in response. Specialized programs create seepage that may reduce solely punitive responses and pave the way for better services. However empathetic, they do nothing to address the societal forces that are the root causes of harm and resultant trauma. This may have more to do with imagined capacities than with the objectively best approaches.

Prosecutors and Sentencing

2021 ◽  
pp. 152-170
Author(s):  
Nora V. Demleitner
Keyword(s):  
Criminal Justice ◽  
Bargaining Power ◽  
Civil Law ◽  
Decisive Role ◽  
Criminal Record ◽  
Diversion Programs ◽  
Criminal Conviction ◽  
Starting Point ◽  
Trial Judges ◽  
Selection Of

Prosecutorial decisions play an important, and sometimes a decisive, role in a defendant’s ultimate sentence. They begin with the selection of charges and may end with a recommendation on clemency or expungement of a criminal conviction. The influence of prosecutors over the sentence, therefore, is far more extensive than that of any other official. The charging decision sets the starting point for the sentence range. The prosecution tends to control entry into diversion programs that may spare an offender a criminal record after complying with a set of requirements. Plea bargains, which have become more frequent even in Europe’s civil law countries, usually focus on the type and scope of the criminal justice sentence. Mandatory minimum sentences, mandatory aggravators, and stacked charges provide prosecutors with overwhelming bargaining power, causing many defendants to waive their right to a trial. Judges tend to follow the parties’ agreements and impose the recommended sentence. In many states prosecutors routinely weigh in on parole decisions and determine whether to proceed against defendants for supervision violations. Even in clemency decisions, they frequently submit a recommendation.

Principles and practices of risk assessment in mental health jail diversion programs

CNS Spectrums ◽  
2019 ◽  
Vol 25 (5) ◽  
pp. 593-603
Author(s):  
Sarah L. Desmarais ◽  
Evan M. Lowder
Keyword(s):  
Mental Health ◽  
Risk Assessment ◽  
Criminal Justice ◽  
Public Safety ◽  
The Body ◽  
Assessment Tools ◽  
Diversion Programs ◽  
Jail Diversion ◽  
Risk Assessment Tools ◽  
The Impact

Eligibility criteria for participation in mental health jail diversion programs often specify that, to be diverted, a candidate must not pose a level of threat to public safety that cannot be managed in the community. Risk assessment tools were developed to increase consistency and accuracy in estimates of threat to public safety. Consequently, risk assessment tools are being used in many jurisdictions to inform decisions regarding an individual’s appropriateness and eligibility for mental health jail diversion and the strategies that may be successful in mitigating risk in this context. However, their use is not without controversy. Questions have been raised regarding the validity and equity of their estimates, as well as the impact of their use on criminal justice outcomes. The purpose of this review is to provide an overview of the science and practice of risk assessment to inform decisions and case planning in the context of mental health jail diversion programs. Our specific aims include: (1) to describe the process and components of risk assessment, including differentiating between different approaches to risk assessment, and (2) to consider the use of risk assessment tools in mental health jail diversion programs. We anchor this review in relevant theory and extant research, noting current controversies or debates and areas for future research. Overall, there is strong theoretical justification and empirical evidence from other criminal justice contexts; however, the body of research on the use of risk assessment tools in mental health jail diversion programs, although promising, is relatively nascent.

The Cal-DSH diversion guidelines

CNS Spectrums ◽  
2020 ◽  
Vol 25 (5) ◽  
pp. 701-713
Author(s):  
Michael A. Cummings ◽  
Charles Scott ◽  
Juan Carlos Arguello ◽  
Ai-Li W. Arias ◽  
Ashley M. Breth ◽  
...  
Keyword(s):  
Risk Factors ◽  
Mental Illness ◽  
Substance Use ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Substance Use Disorders ◽  
Serious Mental Illness ◽  
Justice System ◽  
Diversion Programs ◽  
Treatment Interventions

AbstractThe Cal-DSH Diversion Guidelines provide 10 general guidelines that jurisdictions should consider when developing diversion programs for individuals with a serious mental illness (SMI) who become involved in the criminal justice system. Screening for SMI in a jail setting is reviewed. In addition, important treatment interventions for SMI and substance use disorders are highlighted with the need to address criminogenic risk factors highlighted.

Sampling Bias in an International Internet Survey of Diversion Programs in the Criminal Justice System

2007 ◽  
Vol 30 (1) ◽  
pp. 35-46 ◽  
Author(s):  
Kathleen Hartford ◽  
Robert Carey ◽  
James Mendonca
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Sampling Bias ◽  
Internet Survey ◽  
Diversion Programs

The Use of Restitution

1977 ◽  
Vol 23 (1) ◽  
pp. 57-67 ◽  
Author(s):  
Burt Galaway
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Classification Scheme ◽  
Veto Power ◽  
Offender Rehabilitation ◽  
Diversion Programs ◽  
Correctional Programs ◽  
Different Types ◽  
Relationship Of

"Restitution" refers to the payment of money to victims of crime, payment of money to other community organizations, and community service. Possible purposes include redress to the victim, less severe sanction for the offender, rehabilitation of the offender, reduction of demands on the criminal justice system, and the reduction of vengeance. Restitution is being used as a sanction for crime in several exploratory projects, including pretrial diversion programs, special probation proj ects, and community correction centers. A number of unresolved issues have developed from these preliminary efforts to integrate it into correctional programs. A useful classification scheme reflecting the different types of restitution must be developed, and program purposes must be clarified. What is the proper relationship of restitution to other sanctions? When is restitution appropriately used as the sole sanction, when should it be used in conjunction with other requirements, and when is it inappropriate? What role should the victim play in a restitution program? Should the victim have veto power over the use of restitution? Should victim-offender communication be encouraged? Attention to these issues is necessary for the orderly development of the concept of restitution and appraisal of its place in the criminal justice system.

Police-Led Diversion Programs: Rethinking the Gateway to the Formal Criminal Justice System

2021 ◽  
pp. 599-620
Author(s):  
Peter Neyroud ◽  
Eleanor Neyroud ◽  
Sumit Kumar
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Diversion Programs
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