The Paradox of Law Enforcement in Immigrant Communities

Author(s):  
David S. Kirk ◽  
Andrew V. Papachristos ◽  
Jeffrey Fagan ◽  
Tom R. Tyler

Frustrated by federal inaction on immigration reform, several U.S. states in recent years have proposed or enacted laws designed to stem the flow of illegal immigrants into the United States and to facilitate their removal. An underappreciated implication of these laws is the potential alienation of immigrant communities—even law-abiding, cooperative individuals—from the criminal justice system. The ability of the criminal justice system to detect and sanction criminal behavior is dependent upon the cooperation of the general public, including acts such as the reporting of crime and identifying suspects. Cooperation is enhanced when local residents believe that laws are enforced fairly. In contrast, research reveals that cynicism of the police and the legal system undermines individuals’ willingness to cooperate with the police and engage in the collective actions necessary to socially control crime. By implication, recent trends toward strict local enforcement of immigration laws may actually undercut public safety by creating a cynicism of the law in immigrant communities. Using data from a 2002 survey of New York City residents, this study explores the implications of perceived injustices perpetrated by the criminal justice system for resident willingness to cooperate with the police in immigrant communities.

Author(s):  
David DeMatteo ◽  
Kirk Heilbrun ◽  
Shelby Arnold ◽  
Alice Thornewill

Individuals with behavioral health disorders are significantly overrepresented in the criminal justice system. The incarceration of offenders with substance use disorders and mental illness has contributed to dramatic growth in the incarcerated population in the United States. Problem-solving courts provide judicially supervised treatment for behavioral health needs commonly found among offenders, including substance abuse and mental health, and they treat a variety of offender populations. By addressing the problems that underlie criminal behavior, problem-solving courts seek to decrease the “revolving door” that results when offender needs are not addressed. Problem-solving courts use a team approach among the judge, defense attorney, prosecutor, and treatment providers, which is a paradigm shift in how the justice system treats offenders with special needs. Offenders in problem-solving courts are held accountable for their behavior while being provided with judicially supervised treatment designed to reduce the risk of reoffending. Despite the proliferation of problem-solving courts, there are unanswered questions about how they function, how effective they are, and the most promising ways to implement problem-solving justice. Problem-Solving Courts and the Criminal Justice System is the first book to focus broadly on problem-solving courts. The changing landscape of the criminal justice system, recent development of problem-solving courts, and ongoing shift toward offender rehabilitation underscore the need for this book. This book provides those in the fields of mental health, criminal justice, law, and related fields with a comprehensive foundation of information related to the role of problem-solving courts in reforming the criminal justice system. This book also provides researchers, academics, administrators, and policy-makers with an overview of the existing research on problem-solving courts, including the challenges faced by researchers when examining these courts.


Author(s):  
Cheryl Marie Webster ◽  
Anthony N. Doob

Until the early 1970s, the United States and Canada both had relatively stable imprisonment rates. This paper uses Canada’s continued stability in its rate of incarceration since this period to develop two intertwined explanations for the growth in US imprisonment between 1973 and 2010. First, using data on the relative size of the growth in imprisonment of the individual states, it presents findings that suggest that increased imprisonment was intimately linked to underlying social values. For instance, those states with the largest increases in incarceration were, in terms of the values of their citizens, least “Canadian-like.” In addition, high imprisonment states tended to have values favoring social exclusion. Second, we argue that the United States has consistently demonstrated penal optimism—that is, a strong faith in the ability of the criminal justice system to reduce crime. Prior to the mid-1970s, it was broadly believed that the recourse to prison through a rehabilitation model whereby offenders were treated or “cured” could reduce crime. Starting in the mid-1970s, the focus of optimism changed such that crime was now seen as being able to be controlled through the deterrent and incapacitative effects of high imprisonment. In contrast, from the mid-nineteenth century onwards, Canada has never been optimistic that the criminal justice system—through any mechanism—could have a substantial impact on crime rates. By extension, imprisonment was seen as a necessary evil to be minimized as much as possible.


Author(s):  
Margaret E. Severson

This entry includes contemporary definitions of crime, theoretical ideas about the etiology of criminal behavior, and information about the methods used to estimate crime rates in the United States. The focus of this entry is on adult prisoners. Key issues such as disproportionate minority incarceration, the acceleration in the number of women entering into the criminal justice system over the last 20 years, and the prevalence of persons with mental illnesses in the nation's jails and prisons are addressed. Current controversies and practices such as risk reduction efforts and rehabilitation strategies are described.


2016 ◽  
pp. 13-37
Author(s):  
Thomas C. Johnson

While most international students have a rewarding educational experience in the United States, a small percentage are arrested for criminal behavior or victimized by criminals. The author discusses safety from crime and provides safety tips to help reduce crime victimization potential. Further, since the American criminal justice system can be overwhelming, confusing, and intimidating for anyone who does not work within the system on a regular basis, this chapter provides international students and higher education officials with an overview of this system. The author also briefly discusses constitutional rights and the arrest and trial process. Finally, the author addresses some behaviors that international students should avoid to not place themselves at risk for receiving a criminal summons, citation, or arrest.


Author(s):  
Thomas C. Johnson

While most international students have a rewarding educational experience in the United States, a small percentage are arrested for criminal behavior or victimized by criminals. The author discusses safety from crime and provides safety tips to help reduce crime victimization potential. Further, since the American criminal justice system can be overwhelming, confusing, and intimidating for anyone who does not work within the system on a regular basis, this chapter provides international students and higher education officials with an overview of this system. The author also briefly discusses constitutional rights and the arrest and trial process. Finally, the author addresses some behaviors that international students should avoid to not place themselves at risk for receiving a criminal summons, citation, or arrest.


Author(s):  
Andrew Valls

The criminal justice system in the United States both reflects racial inequality in the broader society and contributes to it. The overrepresentation of African Americans among those in prison is a result of both the conditions in poor black neighborhoods and racial bias in the criminal justice system. The American system of criminal justice today is excessively punitive, when compared to previous periods and to other countries, and its harsh treatment disproportionately harms African Americans. In addition, those released from prison face a number of obstacles to housing, employment, and other prerequisites of decent life, and the concentration of prisoners and ex-prisoners in black communities does much to perpetuate racial inequality.


Incarceration ◽  
2020 ◽  
Vol 2 (1) ◽  
pp. 263266632097780
Author(s):  
Alexandra Cox ◽  
Dwayne Betts

There are close to seven million people under correctional supervision in the United States, both in prison and in the community. The US criminal justice system is widely regarded as an inherently unmerciful institution by scholars and policymakers but also by people who have spent time in prison and their family members; it is deeply punitive, racist, expansive and damaging in its reach. In this article, we probe the meanings of mercy for the institution of parole.


Author(s):  
Mary Angela Bock

Seeing Justice examines the way criminal justice in the United States is presented in visual media by focusing on the grounded practices of visual journalists in relationship with law enforcement. The book extends the concept of embodied gatekeeping, the corporeal and discursive practices connected to controlling visual media production and the complex ways social actors struggle over the construction of visual messages. Based on research that includes participant observation, extended interviews, and critical discourse analysis, the book provides a detailed examination of the way these practices shape media constructions and the way digitization is altering the relationships between media, citizens, and the criminal justice system. The project looks at contemporary cases that made the headlines through a theoretical lens based on the work of Michel Foucault, Walter Fisher, Stuart Hall, Nicholas Mirzoeff, Nick Couldry, and Roland Barthes. Its cases reveal the way powerful interests are able to shape representations of justice in ways that serve their purposes, occasionally at the expense of marginalized groups. Based on cases ranging from the last US public hanging to the proliferation of “Karen-shaming” videos, this monograph offers three observations. First, visual journalism’s physicality increases its reliance on those in power, making it easy for officials in the criminal justice system to shape its image. Second, image indexicality, even while it is subject to narrative negation, remains an essential affordance in the public sphere. Finally, participation in this visual public sphere must be considered as an essential human capability if not a human right.


2018 ◽  
Vol 29 (4) ◽  
pp. 348-360 ◽  
Author(s):  
Adele N. Norris ◽  
Kalym Lipsey

The imprisonment rate in New Zealand ranks seventh among the Organisation for Economic Co-operation and Development (OECD). Yet the imprisonment of Indigenous people is on par with the United States, which has the world’s highest incarceration rate. Almost 70% of the prison population in New Zealand is comprised of people racialized as non-White. In 2016, the National Government proposed to spend $2.5 billion over a 5-year period to build new prisons (1,500 prison beds) to accommodate a growing prison population. This study assessed public attitudes toward the need for more prisons and the equity of treatment of individuals within the criminal justice system. Findings from a 2016 and 2017 quantitative survey of 5,000 respondents each year revealed that roughly half of the respondents believed the proposed spending for new prisons to be extremely to somewhat necessary. A large proportion of respondents also believed Māori and Pākehā, if convicted of the same crime, are treated similarly within the criminal justice system. New Zealand scholars have critiqued news media coverage of contentious sociopolitical issues, such as crime and prisons, for employing tactics that have worked to construct a morally and culturally deficit “Other” while normalizing whiteness, rendering it invisible and raceless. This article concludes that this process masks racial disparities of individuals located within the criminal justice system and preserves the ideal that prisons are a normal function of the social landscape.


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