Tempering Expectations: A Qualitative Study of Prosecutorial Reform

2020 ◽  
Vol 58 (1) ◽  
pp. 41-73
Author(s):  
Rebecca Richardson ◽  
Besiki Luka Kutateladze

Objectives: We investigate path dependence and barriers to the acceptance and implementation of reform-minded prosecution, which focuses on reducing unnecessary incarceration, promoting fairness, engaging with the community, and improving accountability in the criminal justice system. Method: Using semistructured interviews with 47 prosecutors in two Florida jurisdictions, both with newly elected state attorneys, we explore reform-minded prosecution priorities and barriers to their effective implementation. Results: Findings suggest that though reform-minded priorities are present in the study prosecutor’s offices, existing prosecutorial norms, case-focused decision-making, policy ambiguities, and communication challenges serve as barriers to their effective implementation. Conclusions: The study highlights the role that line agents play in determining the success of reform-minded prosecution. It also identifies key barriers to reform that reform-minded prosecutors must overcome if they are to achieve meaningful changes toward greater effectiveness, transparency, and impartiality in prosecution.

Pedagogiek ◽  
2020 ◽  
Vol 40 (2) ◽  
pp. 233-248
Author(s):  
Henry Otgaar ◽  
Corine de Ruiter

Abstract The reliability of children’s testimoniesChildren’s testimonies about abusive experiences can play a pivotal role in the criminal justice system. This is especially the case when other types of evidence (such as videos, technical traces) are absent. In such cases, it is imperative that children’s testimonies accurately reflect what they have experienced. In the current article, the reliability of children’s statements is discussed. We discuss what children can remember of traumatic incidents and elaborate on how children’s false memories can be relatively easily evoked. Furthermore, we discuss how children can best be interviewed using scientifically supported interview protocols. Children’s testimonies can be decisive in legal decision-making. Hence, it is of the utmost importance that these statements are reliable.


1988 ◽  
Vol 3 (4) ◽  
pp. 263-283 ◽  
Author(s):  
Marc Miller ◽  
Norval Morris

Intense debate has focused on the use of statistical predictions of dangerousness in the criminal justice system. Two conflicting positions maintain wide support: that such predictions are never appropriate in criminal justice decision-making, and that they should be used far more often. Recognizing the fact that implicit and intuitive predictions are made every day in police, prosecutorial, sentencing, and other decisions, and explicit but unscientific predictions are common, this article suggests a theoretical framework justifying limited use of statistical predictions. Statistical predictions may present, in some instances, a morally preferable alternative to biased nonscientific and implicit judgments. Development of a sound jurisprudence of predictions faces major hurdles given the trend toward unscientific predictions in the law and the enormous judicial confusion in dealing with predictions. The concept has contributed to a string of notably poor Supreme Court decisions.


2012 ◽  
Vol 10 (4) ◽  
pp. 265-272 ◽  
Author(s):  
Linda C. Lewin ◽  
Kathleen J. Farkas

AbstractObjective:Bereaved mothers have expressed the need to maintain a bond with their children who have died, to retain control over the funeral rituals, and to express their loss to others who are empathetic. This study describes grief over the loss of a child in women who have been or are currently incarcerated, and the influence of the women's family members.Method:This descriptive qualitative study consisted of open-ended interview questions to encourage the women to describe their experience in their own words. A purposive sample (N = 10) was recruited from a prison re-entry program and a county jail.Results:All of the participants described maladaptive responses such as the use of alcohol and drugs, restricted family support, and dysfunctional coping. None of the participants had received focused bereavement services.Significance of Results:The descriptive perspective from the participants can inform clinicians who work with women who have a history of involvement with the criminal justice system, and recommends that they should inquire about the women's children and experiences with loss. Community re-entry and jail/prison counselors should provide access to confidential and group-based therapeutic support, including Compassionate Friends.


Author(s):  
Jordan C. Pickering

PurposeThroughout the last decade, a number of empirical studies have assessed the effectiveness of body-worn cameras (BWCs) among law enforcement agencies across the United States. The purpose of this paper is to examine officers' perceptions regarding the impact this technology has had on police-community relations, as well as the working relationship between police and other actors in the criminal justice system (e.g. prosecutors, jurors).Design/methodology/approachThe author conducted focus groups with officers (n = 89) from two local law enforcement agencies in California that had adopted BWCs in recent years. Participating officers discussed advantages and disadvantages they associated with BWCs, as well as how BWCs have impacted their relationship with the public and justice system personnel.FindingsOfficers recognized advantages to using BWCs, including the potential for positive changes in police behavior and the ability to protect officers against false citizen complaints. Officers also identified a number of disadvantages (or consequences) they associate with BWCs, such as the depreciation of credibility behind an officer's word and the impact of video footage on prosecutorial decision-making.Originality/valuePrior studies have gathered officers' perceptions regarding BWCs, but very few have assessed whether and how the use of this technology by law enforcement influences other actors within the criminal justice system. The findings from this study may prompt further empirical consideration regarding BWCs, especially with regard to whether police use of this technology significantly impacts citizens' trust in the police and how their use may impact prosecutorial and juror decision-making.


2016 ◽  
Vol 52 (6) ◽  
pp. e121-e122
Author(s):  
Alison-Kate Lillie ◽  
Mary Corcoran ◽  
Sue Read ◽  
Sotirios Santatzoglou ◽  
Anthony Wrigley ◽  
...  

Sign in / Sign up

Export Citation Format

Share Document