Why and How We Need to Fill Criminal Justice Data Gaps

2021 ◽  
Vol 33 (4) ◽  
pp. 259-261
Author(s):  
Arthur Rizer ◽  
Dan King

For the past 50 plus years the United States has been debating the very nature of our criminal justice system. Are we too lenient? Are we too vindictive? Do we give too much power to our cops and prosecutors or too many protections to defendants? But maybe most important, is there a better way? Can we ensure we have both safety and dignity built into our system? These questions are extremely difficult for law makers to answer because of the moral implications involved with crime and punishment, but also because of one glaring weakness: data sharing and reporting. We simply do not have comprehensive data collection systems for policy makers to draw on to design interventions that can protect public safety and help heal community wounds. While there is no silver bullet that will fix these problems, we believe attention should be paid to: 1) fixing inconsistencies in key terms so data collection can be universal, 2) fixing the issues with delayed reporting so the data we have is up to date for researchers and policy makers, and 3) addressing issues with inadequate and inconsistent data storage so not only will the data be available but assessable to those who can use it to improve the system.

Contexts ◽  
2021 ◽  
Vol 20 (4) ◽  
pp. 74-75
Author(s):  
Matthew Valasik ◽  
Shannon E. Reid

The uneven response by law enforcement has resulted in the overall under-policing of far-right groups. Policy makers and the broader criminal justice system need consider proactive approaches if the goal is to prevent violence from far-right groups. A straightforward and appropriate approach is to treat far-right groups as street gangs. Existing gang statutes are a proven tool is aggressively used on BIPOC gangs and should be equally applied to far-right groups. Law enforcement’s continued dismissiveness of far-right groups only increases them as being the most "persistent and lethal threat" in the United States for the foreseeable future.


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.


2021 ◽  
pp. 174889582110173
Author(s):  
Douglas Evans ◽  
Adam Trahan ◽  
Kaleigh Laird

The detriment of incarceration experienced by the formerly incarcerated has been increasingly explored in the literature on reentry. A tangential but equally concerning issue that has recently received more research attention is the effect on family members of the incarcerated. The stigma of a criminal conviction is most apparent among families of convicted sex offenders, who experience consequences parallel to those of their convicted relative. Drawing from interviews with 30 individuals with a family member incarcerated for a sex offence in the United States, this study explores manifestations of stigma due to familial association. The findings suggest that families face negative treatment from social networks and criminal justice officials, engage in self-blame and that the media’s control over the narrative exacerbates family members’ experiences. Given the pervasiveness of criminal justice system contact, the rapid growth of the sex offender registry in the United States, and the millions of family members peripherally affected by one or both, justice system reforms are needed to ensure that family members are shielded from the harms of incarceration and registration.


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.


Author(s):  
Ingrid V. Eagly

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.


Author(s):  
Robert A. Ferguson

This chapter addresses the question of whether Americans like to punish. The United States clearly punishes more heavily and for longer periods than other countries, with comparable social and political values. One can land in an American prison for life over minor offenses—a punishment not used for serious offenses in Western Europe. The leading comparativist on criminology, James Whitman, argues that a politics of dignity has instilled mercy and mildness in European systems, while leveling impulses, distrust of authority, and too much power in the people is said to have left the United States with a criminal justice system long in degradation and short on mercy.


Author(s):  
Benjamin Okorie Ajah ◽  
Emmanuel Ekeoma Uwakwe ◽  
Bonaventure N. Nwokeoma ◽  
Cyril O. Ugwuoke ◽  
Rebecca Ginikanwa Nnamani

Bail is a privilege granted to suspects at the discretion of a court. The court exercises this discretion to give temporary freedom to crime suspects pending the conclusion of court trial. Where the bail conditions become stringent, unattainable or out of reach for suspects, suspects overreach themselves and this defeats the moral intentions of ‘bailing’ and the law. This paper discusses how awaiting-trial inmates are the most victimized by the challenges of the criminal justice system in Ebonyi State and how easing bail conditions for awaiting-trial inmates could reduce suspects’ costs of victimization. Using qualitative and quantitative research approaches, a sample of 1498 respondents comprising 623 awaiting-trial inmates, 617 police officers, 145 prison officers and 113 court staff was drawn from Ebonyi State. Multi-stage and purposive sampling techniques were used to reach the respondents. Questionnaire and in-depth interviews were instruments for data collection. Findings confirmed that keeping suspects in prisons longer than necessary is traumatic to suspects. Key recommendations include easing of bail conditions for awaiting-trial inmates by cutting the high bail prices to match the economic capacity of Ebonyi State’s neighborhood or relaxing bail terms that could enable inmates to meet bail requirements.


Author(s):  
Corey Rayburn Yung

The American criminal justice system regarding sex is not just logically incoherent, it is also often morally bankrupt because it remains unexamined and poorly understood. This Article contends that there are actually common roots underlying the seemingly oppositional forces of social panic and denial, which explain why the United States has an endemic sexual violence problem. Both panic and denial reinforce the implicit, and sometimes explicit, desire to avoid substantive engagement with socially contentious issues related to sex. The use of residency restrictions and civil commitment fit the modern social goal of putting sex offenders out-of-sight and out-of-mind. Yet, those same desires also explain America’s unwillingness to believe victims of sexual violence and police failure to properly investigate criminal complaints. In this way, sex panic dovetails with sex denial—in both instances, American culture only permits a limited discussion and understanding of sex and sexual violence. The result is that our nation fails to take sex crime complaints seriously while overreacting to the few convictions that emerge from the hostile criminal justice system.


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