Suppose We Were Really Serious About Police Departments Becoming “Learning Organizations”?

National Institute of Justice

December 1997

SUPPOSE WE WERE REALLY SERIOUS ABOUT POLICE DEPARTMENTS BECOMING “LEARNING ORGANIZATIONS”?

ALSO IN THIS ISSUE: Drug Testing in Criminal Justice: Evolving Uses, Emerging Technologies The Unrealized Potential of DNA Testing Looking Backward to Look Forward: The 1967 Crime Commission Report in Retrospect DIRECTOR‘S MESSAGE National Institute of Justice Jeremy Travis Reviewing the feature articles in this issue of the National Institute of Justice Director Journal, I was reminded of how numerous and wide-ranging are the concerns of criminal justice professionals. So are the levels at which these concerns are NIJ Journal Editorial Board tackled: strategic planning, resource allocation, measuring progress against Sally T. Hillsman goals—to name only a few. At one and the same time, day-to-day practices are Deputy Director for Office of carried out, agency procedures are followed. On the margin of the day a Research and Evaluation moment may be carved out for reflection, for gaining perspective by pondering John L. Schwarz past actions as a prelude to defining future courses. Deputy Director for Office of Development and Dissemination The articles on DNA evidence by Victor Weedn and John Hicks and on drug David Boyd testing by Tom Mieczkowski and Kim Lersch are rooted in the everyday Deputy Director for Office of practicalities dealt with by police, prosecutors, and the judiciary. They illustrate Science and Technology as well the dependence of criminal justice practitioners on the “hard sciences,” and our rationale in selecting them for the Journal was to help keep criminal justice professionals in these fields abreast of some of the most advanced Cheryl A. Crawford technologies and practices in use now and on the horizon. Mary G. Graham Marj Leaming On the continuum of criminal justice concerns, the issues William Geller raises in Michelle-Marie Mendez his article on police departments as “learning organizations” seem to lie far from Christy Visher DNA and drug testing. To be sure, police management is no less of a day-today proposition, but this article suggests mentally and momentarily suspending Issue Editor workaday realities in order to consider broad new management concepts in Judy A. Reardon which research has a key role. The author proposes that police organizations can institutionalize the learning process in the same way as the country’s best run businesses. Professor Mark Moore’s article on the commemoration of the 30th The National Institute of Justice Journal anniversary of the President’s Crime Commission is more contemplative still. He is published by the National Institute of Justice, the research arm of the U.S. Depart- suggests that the Commission’s vision, which encompassed preservation of ment of Justice, to announce the Institute’s liberty and inclusion of social justice within the mission of crime control, still policy-relevant research results and initia- applies, but that today we should embrace an even more ambitious vision of tives. The Attorney General has determined justice—reconstructing social bonds that have been torn apart. that publication of this periodical is necessary in the transaction of the public busi- Collaboration among the components of the criminal justice system is far more ness required by law of the Department of Justice. advanced today than in the days of the Commission. Part of moving toward the reality of a “system” is familiarization by each component with the others’ Opinions or points of view expressed in this concerns. This doesn’t exclude borrowing practices that seem to work for the document are those of the authors and do other components. So, for example, the concepts elaborated by Bill Geller for not necessarily reflect the official position of the U.S. Department of Justice. police departments could arguably be adopted by prosecutors’ offices. It’s in the spirit of fostering this kind of “cross training” that we present the current issue of The National Criminal Justice Reference the Journal. Service (NCJRS), a centralized national clearinghouse of criminal justice information, is sponsored by the Office of Justice Jeremy Travis Programs agencies and the Office of Na- Director tional Drug Control Policy. Registered us- National Institute of Justice ers of NCJRS receive the National Institute of Justice Journal and NCJRS Catalog free. To become a registered user, write NCJRS User Services, Box 6000, Rockville, MD 20849–6000, call 800–851–3420, or e-mail [email protected]. The National Institute of Justice is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the Office of Juvenile Justice and Delin- quency Prevention, and the Office for Vic- tims of Crime. CONTENTS Issue No. 234

FEATURES

SUPPOSE WE WERE REALLY SERIOUS ABOUT POLICE DEPARTMENTS BECOMING “LEARNING ORGANIZATIONS”? ...... 2

DRUG TESTING IN CRIMINAL JUSTICE: EVOLVING USES, EMERGING TECHNOLOGIES ..... 9 Suppose We Were Really Serious About Police THE UNREALIZED POTENTIAL OF DNA TESTING ...... 16 Departments Becoming “Learning Organizations”? See page 2 LOOKING BACKWARD TO LOOK FORWARD: THE 1967 CRIME COMMISSION REPORT IN RETROSPECT ...... 24

RESEARCH PREVIEW

COMPARING DRUG PURCHASE AND USE PATTERNS IN SIX CITIES ...... 31

Drug Testing in Criminal Justice See page 9 DEPARTMENTS

EVENTS ...... 33

NIJ IN THE JOURNALS ...... 35

RECENT NIJ PUBLICATIONS ...... 36

The Unrealized Potential of FINAL REPORTS ...... 39 DNA Testing See page 16 SOLICITATIONS ...... 40 The

Challenge of NEW & NOTEWORTHY ...... 41 Crime in a Free Society: Looking Back Looking Forward Looking Backward to Look Forward On the cover: At a New York City Police Department Compstat meeting. See page 24 Photo courtesy of the New York City Police Department Photo Unit.

December 1997 1 Suppose We Were by William A. Geller* Introduction: The risks of not learning Really An African proverb goes, “No one tests the depth of a river with both feet.” Yet thoughtful police sometimes wonder if their department is an exception to this rule. They watch bewildered and despairing as their organization leaps from one tactic and program to another—rarely Serious bothering to conduct a meaningful feasibility study or figure out what worked and what didn’t work and under what conditions the last time a similar problem was tackled.

How many departments have ever jumped into a program with both feet, sunk in the muck, and then compounded About the problem by failing to learn from the experience? How would Aleksandr Lebed, the retired general who aspires to be the next President of Russia, size up such departments? Commenting recently in The New York Times on the propensity of Russia to lurch from one government to Police another, he said: “There’s got to be a time when you stop stepping on the same rake.”

When traditional tactics seem defunct, why do police, other criminal justice agencies, and politicians seem to Departments have such a hard time cutting their losses—such a hard time grasping columnist Molly Ivins’ “First Rule of Holes”: “When you are in one, you should stop digging!”

We are confronted with a simply stated, yet daunting, Becoming challenge: Can our police and sheriffs’ departments find ways to work smarter, not just harder? Is there a practical, day-to-day role for research and analysis in helping collaborative organizations succeed more frequently and more fully? Can we begin to institutionalize the organiza- “Learning tional learning process, just as our Nation’s best run companies do, so that our departments can serve and strengthen their communities more effectively, more effi- Organizations”? ciently, and more legitimately?

*William A. Geller, J.D., is Director of Geller & Associates, which specializes in consulting on diverse partnerships for public safety. He is grateful to Phyllis McDonald of the NIJ staff for her guidance in preparing this article. This article was adapted and abridged from the author’s presentation at an NIJ “cluster conference” of participants in the Institute’s locally initiated research partnerships. The conference was held in Washington, D.C., on January 24, 1997.

2 National Institute of Justice Journal I’d like to offer some tentative thoughts on the benefits for police departments of becoming “learning organizations,” the obstacles to doing this, and the steps departments might be able to take to foster institu- tional learning as a continual part of doing business.

For starters, what do we mean when we talk about a “learning organization”? The concept was described in detail by management consultant Peter Senge, but his general definition will suffice. “In Chinese,” he writes, “ ‘learning’ literally means ‘study and practice con- stantly.’ This, then, is the basic meaning of a ‘learning organization’—an organization that Sources: 1990 Census of Population and Housing; Washington Metropolitan Police Department; National Institute of Justice is continually expanding its Crime Mapping Research Center. capacity to create its future.”1 Computerized mapping is a tool to help police learn about the spatial and temporal Benefits dimensions of crime.

A learning organization becomes battling crime and disorder and in ative justice, they can learn better to smart enough to decipher the useful building community justice and peace- distinguish between “conceptual fail- lessons an experience or study offers. keeping capacity is another benefit. ures” and “implementation failures.” It also becomes smart enough not to Such knowledge can improve police If an initiative failed because the basic overgeneralize. As Mark Twain morale, increase public esteem for strategy was flawed or because the cautioned: the department, and help the organiza- approach works only in very limited tion and community better deploy circumstances, that is important for We should be careful to get out of resources. the entire industry to know. But if a an experience only the wisdom that concept such as community policing is is in it, and stop there, lest we be Benchmarking is still another benefit. found wanting, it may also be because, like the cat that sits down on a hot It involves learning enough about as police administrator-turned- stove lid. She will never sit down on what is average and what is excellent academic and artisan Wayne Kerstetter a hot stove lid again, and this is in an industry that standards can be quipped, “We didn’t try it, and it well; but she will never sit down on articulated as the object of profes- didn’t work.” That is an “implementa- a cold one either.2 sional aspiration. Police departments tion failure.” Learning not to overgeneralize— could also learn to devise meaningful learning to diagnose more accu- measures of “risk”: such measures as Thus, a learning organization capital- rately—is one possible benefit. Police how soon and how hard crime comes izes on its own and others’ experi- departments might avoid generalizing, back under different conditions after a ences—successes as well as for instance, about the kinds of com- particular effort to suppress it. failures—to continually hone strate- munity organizations that can become gies, tactics, operations, and networks trusted allies. As police departments experiment of collaborators. A learning organiza- with and assess the efficacy of strate- tion learns to measure what really Pinning down in a demonstrable way, gies such as community policing, matters, for it understands that what with supporting data, what works in problem-oriented policing, and restor- we measure is taken more seriously.3

December 1997 3 SUPPOSE WE WERE REALLY SERIOUS

Obstacles films and practicing how to improve officer would retort, “I thought we than they spend on the field. Yet NFL were working just now!” If this is so good, why isn’t every players have something most police • Another impediment is reluctance to police department already what the departments don’t—or at least don’t have cherished views challenged. management gurus would call a avail themselves of: a powerful An astute observer of the process “learning organization”? There are a support team of thinkers, analysts, and wrote: “Even the best of us are variety of impediments, including: teachers. The average police depart- prone to making decisions based on ment research and development unit, • Skepticism about research as ivy biases and mindsets. Worse, we as sociologist Al Reiss pointed out, tower and impractical. cling to comfortable beliefs. As does nothing remotely resembling ei- Francis Bacon pointed out, ‘We pre- • Resistance to cooperating with out- ther research or development as those fer to believe what we prefer to be side researchers because too often concepts are commonly understood in true.’ ”7 In traditional organizations, 5 they have failed to provide feedback industry and the professions. So an- success is often considered not rock- soon enough to assist practitioners. other obstacle is the mistaken assump- ing the boat. This is research at versus research tion that, because we have a unit • A related obstacle is confronted with a police department. called “R&D,” we’ve “got it covered.” by those who might be assigned • Distrust of evaluation research be- to “rock the boat.” “It is hard to cause of the blisters that linger from • The indoctrination process of most police departments also inhibits engage in organizational self- the last time the department was criticism,” Goldstein observes, burned by a badly conducted study. employees from contributing mean- ingfully to organizational self- “knowing one must continue to • Skepticism that research findings appraisal. As Hans Mattick ob- work with the officers whose cur- 8 developed in another jurisdiction served several decades ago, “You rent efforts are criticized.” have any application at home—an can’t train an aviator in a subma- • There often seems to be insufficient idea captured with the oft-heard as- rine.” If police recruits are taught time for employees to reflect on sertion, “My city is different.” Con- not to think critically, what a sur- their work, and a lack of time, au- sider the heavy burden of the “truly prise that they don’t know how to thority, resources, and skills for unique” person: As they say, he respond to their bosses’ challenge them to conduct research. can’t learn from the mistakes of oth- to be innovative, take calculated • Finally, there’s the ancient and still ers, yet he won’t live long enough to risks, and otherwise contribute make them all himself! mighty obstacle to innovation: to the organization’s continual People usually fear change. Not ev- • The myth that encouraging critical reinvention! eryone does, of course. Aleksandr thinking among the rank and file A police department that denigrates Lebed uses a litmus test to deter- will undermine necessary paramili- rank-and-file thinking about the mine whether Russia’s “new rich” tary discipline (“Yours is not to rea- 4 organization’s basic business estab- are open to change: “When I greet a son why, yours is but to do or die”). lishes a culture likely to ridicule or group of entrepreneurs,” he said, “I • The belief that thinking inhibits demean those who would take time hail them, ‘Hello, crooks!’ If they doing, an idea expressed in the first from routine activities (random pre- take it O.K., then they are not hope- century B.C. by the Greek philoso- ventive patrol, etc.), which police less. If they beat their breasts and pher Publilius Syrus. “While we have taught themselves, politicians, deny it, then they are incorrigible.”9 stop to think,” he said, “we often and the public constitutes real and miss our opportunity.” But this is tough police work. Herman Fostering the learning the same guy who declared that “for Goldstein worries that the “daily organization a good cause, wrongdoing is virtu- activities involved in conducting ous,” so consider the source. research may be viewed . . . in the Police departments didn’t just develop 6 What examples might lead one to police subculture as ‘goofing off.’ ” their “learning disorders” overnight— think that the person of action is some- How many problem-solving brain- they’ve worked at it for a long time! one who does not stop to learn? Surely storming meetings have there been So what is one to do to begin to turn the example could not be an NFL foot- that a supervisor adjourned with the the tide? Here are some tentative ball team. Those beefy gladiators exhortation, “O.K., now let’s get suggestions for fostering an organiza- spend far more time watching game back to work!”? Just once, I wish an tional culture that encourages continual learning.

4 National Institute of Justice Journal One idea is to create an R&D unit that One practical way to increase the A second structure or process to fos- actually does research and develop- chances that an R&D unit will become ter learning might be crime analysis ment, has a respectable budget, and is a useful internal source of learning that spans work units. Crimes, offend- run by someone and an effective ers, and victims often migrate beyond who understands broker between precinct and even jurisdictional R&D. Reiss the department’s boundaries. Departments that have dropped the leadership and created an infrastructure of geographi- gauntlet for The designated devil’s advo- universities and cal crime analysis powerful and glo- American polic- cate involves charging some- other external bal enough to track crime patterns ing this way: think tanks is to have increased their ability to spot one who will be attending a select as the and respond to problematic patterns— Research meeting to look for reason- R&D director and to recruit allies. means empiri- someone with able opportunities during cal investiga- capacity and A third process to foster learning can tion that that meeting to speak up and respect as a involve senior police officials reduc- describes and ing turf battles between departmental challenge the assumptions manager of ap- explains how plied research. units. In its Compstat process, the things behave and reasoning of the other More and more New York City Police Department and change participants. we are finding holds monthly meetings to discuss their behavior; examples of po- progress against crime and disorder development lice chiefs pick- patterns, and all units that could rea- means the ac- ing people like sonably be held accountable for at- tual implementation [and testing this. Yet how many departments’ tacking a particular crime problem under field conditions] of models R&D units are headed by—or at least have senior representatives attend. that demonstrate whether an inter- have one staff member—who is a A way had to be found to cut through vention works in a predictable way. well-trained researcher with the appro- the legendary reluctance of some units Police organizations essentially lack priate academic credentials? A related, research and development units perhaps controversial understood in this way. The re- step is to hire and search unit of most police organiza- develop sworn and tions typically is responsible for civilian personnel providing a statistical description of for units other than the organization and its inputs and R&D and crime outputs. Rarely does it undertake analysis who have research that might lead to develop- experience in learn- ment, and the department typically ing through applied makes no provision for develop- research and pro- 10 ment. gram assessment. Reiss sharply contrasts the Nation’s Who says they defense industry, which spends a siz- couldn’t be good able portion of its budget on R&D, cops? with how policing—our domestic defense industry—deploys its budget between operations, learning, and in- vention. Police departments could At the New York City Police Department’s Compstat (“computer consider establishing budget and op- comparison statistics”) meetings, uniformed officers and civilians convene erational routines in which a percent- at police headquarters, where statistics on crime levels are presented and age of the operating costs of new commanders answer questions about their areas. Sessions like these can initiatives are allocated to internal foster learning by helping departmental units work together to better and/or external program assessment. control crime.

Photo courtesy of the New York City Police Department Photo Unit.

December 1997 5 SUPPOSE WE WERE REALLY SERIOUS to cooperate and share knowledge entrepreneurs, sociologists, architects, value for different stakeholders of al- with one another. Their collaborative and builders. Universities will be full ternatives to the planned interventions. reluctance often reminds me of a wise- of talented analysts—although the de- crack by Abbie Hoffman at his ar- partment and community of course A seventh possible process is to raignment in the Chicago Conspiracy have to be cautious consumers and “prime the pump” of critical thinking Trial: “Conspiracy?!” he asked the pick people who will offer practical, and to control the monster of “group- judge incredulously, looking at his constructive criticism and assistance. think” through devices such as a codefendants: “We couldn’t agree on Banks and other service organizations, “designated devil’s advocate.” We lunch!” In the NYPD a senior official, as well as merchants’ and manufactur- need structures and procedures in po- with authority over all of the repre- ing organizations, will have all kinds lice departments that invite reflection sented units, attends the monthly of analytic skills they may be willing and questioning of assumptions. The meetings and can, if necessary, lower to share, particularly skills in strategic designated devil’s advocate is a tech- the boom on leaders of units who un- planning to identify and counter exter- nique that some private-sector organi- justly hoard information or expertise. nal threats to achieving organizational zations have used to craft a culture missions. that undermines groupthink. A fourth idea is to take a “talent in- Groupthink inhibits critical assess- ventory” of sworn and civilian em- A sixth idea is to foster learning by ment of majority views. The desig- ployees’ research, analytic, graphic organizing police work around prob- nated devil’s advocate involves arts, public speaking, and writing lem solving and taking seriously the charging someone who will be at- skills. Knowing and showing what the “SARA” process (scanning, analysis, tending a meeting to look for reason- work force’s collective capacity is to response, and assessment of results) able opportunities during that learn from experience and share the for confronting problems. Managers meeting to speak up and challenge lessons learned in the organization, in and groups of problem-focused offic- the assumptions and reasoning of the the profession, and in the community ers, working with the community, other participants. This can be a use- can help create useful internal and ex- should devise team problem-solving ful way to more broadly define “em- ternal pressures to deploy those skills. procedures to guide their work. Rou- ployee loyalty” in organizations not Why ask police em- tines can be accustomed to peer or—God forbid— ployees to “check” developed, in- subordinate questioning of the status their brains and cluding flexible quo. adult problem- As Multnomah County, checklists for An eighth structural suggestion is to solving skills at the Oregon, District Attorney Mike supervisors and door when they community orga- use middle managers to facilitate criti- come to work? Must Schrunk observed, “In nizers, to ensure cal thinking. If, as many public- and private-sector organizational leaders imagination be the managing or collaborating that problem enemy of discipline solvers don’t cut and consultants suggest, the middle and honor? well, feedback is the corners that manager is an increasingly superfluous breakfast of champions.” would weaken and even counterproductive cog, why Fifth, police depart- the department’s not give him or her something useful to 11 ments might take a or community’s do? How about taking advantage of talent inventory of community groups capacity to make a difference. their “boundary spanning” role in the and other key community institutions. organization—nestled between the Police may be surprised to learn about One specific device that many police policymakers and those the range of skills their community departments find useful for helping responsible for implementing the has and would willingly deploy officers brainstorm problems and policy? Why not charge them with fa- to strengthen neighborhoods and make better use of lessons they’ve cilitating critical thinking about the ef- collaborate with police. Community learned is the “problem advisory com- ficacy of policies and implementation? organizations may have as members mittee.” As part of the routine of prob- accountants, engineers, public health lem solving, police officers meet with If we were really serious about this, specialists, educators, writers, lobby- a panel of their peers to describe the the middle managers’ performance ists, public relations experts, social problem, brainstorm its dimensions rating might depend to a significant workers, urban anthropologists, law- and its vulnerability to countermea- extent on how effectively they inspire yers, business managers, inventive sures, and consider the comparative their units and the community to

6 National Institute of Justice Journal constructively criticize and improve ture their attention if we can show that has presented for the criminal justice the police department. So a ninth research has contributed to officer field and for his colleagues at the In- structural idea is to explicitly include safety and the reduction of their career stitute—to “ask tough questions and as part of individual and unit perfor- risks. provide honest answers.” Doing so mance ratings the employees’ accom- requires a fair amount of “stick-to- plishments in holding current practices The spouse abuse studies—in Minne- itiveness,” of course. As one wit re- up to the prism of industry bench- apolis and the replication sites—had a called the story, “It was Junior’s first marks and in helping to forge progress. demonstrable and largely salutary im- day in school, and when he got home Does this sound like the Carpenter’s pact on arrest policy, even if there was his mother asked, ‘Did you learn any- exhortation to love thine enemies? something of a rush to policy after the thing today?’ ‘No,’ he replied, ‘I have first widely publicized findings. And to go back tomorrow.’ ” If so, it gets worse, for I offer a tenth the studies of preventing homicide structural suggestion to institutionalize and other crimes of violence by going the bottom-up appraisal of organiza- “upstream” and attacking precursor Notes tional performance: Invent an em- crimes have had a significant impact. ployee suggestion program that really An example is George Kelling’s case 1. Senge, Peter M., The Fifth Disci- works! Consider the example of a mid- study of how the New York City pline: The Art and Practice of the sized manufacturing company where Transit Police, by, among other steps, Learning Organization, rev. ed., New the president was chagrined that he preventing “farebeating,” excluded York: Currency Doubleday, 1994:xv, was getting an average of only one from the subways people who would 14. useful suggestion per year from each commit armed robberies and other 2. Quoted in Geller, William A., and factory worker. He decided to pursue serious crimes.13 Guy Swanger, Managing Innovation the world standard, held at the time by in Policing: The Untapped Potential a Japanese company, of one per week. A twelfth step in this plan for the re- of the Middle Manager, Washington, Two years later, he had succeeded. covery of the learning-disabled organization is to continue and expand D.C.: Police Executive Research Fo- What did he do? Unable to pay for the police-researcher partnerships such as rum, 1995:138. quantity of suggestions he needed, he those sponsored by the National Insti- 3. See Brady, Thomas V., Measuring instituted two stringent procedures and tute of Justice. Such partnerships al- What Matters: Part One—Measures of steadfastly stuck by them. The first low for a sensible division of labor Crime, Fear, and Disorder, Washing- was that every employee who offered and, if we’re lucky, stimulating col- ton, D.C.: U.S. Department of Justice, a suggestion would get a reply as to laborations that inspire ever better National Institute of Justice, Decem- whether the idea was a good one work. ber 1996; and NIJ Director Jeremy within twenty-four hours. The second Travis’s introduction. rule was that, if the idea was consid- Finally, a baker’s dozen thirteenth ered good, it would either be imple- idea: If a police department finds a researcher it really trusts, the depart- 4. See Tom Peters’ assertion that suc- mented—or at least the process for cessful military units and operations implementing it would commence— ment could contract with him or her part-time to serve as a research “bro- often depend on critical thinking and, within seventy-two hours of the sug- at times, on responsible, courageous 12 ker”—to help the agency become a gestion. No big cash bonuses. Just disregard of orders (quoted in Geller the insight that, as Multnomah County, better consumer of other researchers’ and advisers’ services.14 Some agen- and Swanger, Managing Innovation in Oregon, District Attorney Mike Policing, 37–38). Schrunk observed, “In managing or cies have acquired this kind of capac- collaborating well, feedback is the ity by employing a criminologist to 5. Reiss, Albert J., Jr., “What Is breakfast of champions.” run their planning or R&D units. ‘R&D’ Really?” in Local Government Structural and procedural steps such Police Management, ed. William A. My eleventh thought on the subject is Geller, Washington, D.C.: Interna- that we convincingly show police em- as these may hold promise of helping police departments learn to learn. If tional City/County Management ployees that at least some prior re- Association, 1991:339. search has had practical benefits for so, our Nation’s neighborhoods can be police departments and for them as the beneficiaries, for we shall come 6. Goldstein, Herman, Problem- individuals. It is possible to really cap- closer to meeting a fundamental chal- Oriented Policing, New York: lenge that NIJ Director Jeremy Travis McGraw-Hill, 1990:163.

December 1997 7 SUPPOSE WE WERE REALLY SERIOUS

7. From Jones, Morgan D., The ing (pp. 161–163), makes similar 13. Kelling, George L., and Catherine Thinker’s Toolkit: 14 Skills for Making observations. M. Coles, Fixing Broken Windows: Smarter Decisions in Business and in Restoring Order and Reducing Crime Life, New York: Times Business, 1995. 11. See Geller and Swanger, Manag- in Our Communities, New York: Free ing Innovation in Policing; Kanter, Press, 1996. 8. Goldstein, Problem-Oriented Polic- Rosabeth Moss, “The Middle Manager ing, 163. as Innovator,” Harvard Business Re- 14. For a groundbreaking study of why view (July–August 1982):92–105; and many municipal agencies have diffi- 9. Swarns, Rachel L., “Unlikely Meet- Tobin, Daniel R., Transformational culty effectively learning from their ing of Minds: Lebed Meets the Learning: Renewing Your Company expert consultants, see Szanton, Peter, Donald,” New York Times (national Through Knowledge and Skills, New Not Well Advised: The City as Client— edition), January 23, 1997:A7. York: John Wiley and Sons, 1996. An Illuminating Analysis of Urban Governments and Their Consultant, 10. Reiss, “What Is ‘R&D’ Really?” 12. Geller and Swanger, Managing New York: Russell Sage Foundation Goldstein, Problem-Oriented Polic- Innovation in Policing, 140–141. and The Ford Foundation, 1981.

8 National Institute of Justice Journal hen the term “drug testing” is used today, it generally involves certain assumptions about Drug Testing W the types of illicit substances tested and the type of technology employed. Usually, both speaker and listener are referring to detection of one of the major illegal psychoactive drugs such as cocaine, heroin, marijuana, or LSD. And usually both have in mind urinalysis as the in Criminal testing method. Certainly, for most of the history of drug testing, these drugs have been the ones most frequently subjected to testing, with urinalysis the standard procedure. So the assumptions would be based on fact. But as Justice: drug testing as a fairly routine procedure enters its third decade, the assumptions may no longer reflect reality because the types of drugs attracting the most interest are changing, and the technology to detect them is evolving to meet new needs.

These changes can best be understood in historical perspective. Looking at the long view makes it easier to see how and why they occurred. A review of the evolution of drug testing Evolving Uses, Emerging Technologies and its applications will demonstrate its growing useful- ness. In large measure these applications have resulted from the continuing refinement of testing technologies. by Tom Mieczkowski and Kim Lersch* Some of these advances, now in the development stage, show promise of making drug testing even more efficient and effective and for extending the number and type of uses for this valuable criminal justice tool.

Current role of drug testing

Because the use of toxins (or poisons) to inflict harm is an ancient aspect of human misconduct, so are criminological investigations to detect them. As part of these investigations, toxicological analysis retains an important role, but the focus has changed in recent years. Public concern over the use of illegal psychoactive drugs, plus heavy reliance on policing agencies to enforce drug laws, have created a

*Tom Mieczkowski, Ph.D., is a professor in the Department of Criminology at the University of South Florida. Kim Lersch, Ph.D., is an assistant professor in the Department of Criminology at the University of South Florida.

December 1997 9 DRUG TESTING IN CRIMINAL JUSTICE new and enhanced role for toxicologi- has several purposes: to obtain infor- The evolution of drug- cal testing in the past 20 years. mation about the frequency of drug testing technology use in particular populations, to gather Today testing has several uses in the evidence for use in criminal proceed- For most of the past 20 years, the term criminal justice system, but the one of ings, to determine offenders’ eligibil- “drug testing” has been synonymous most immediate concern to practitio- ity for various dispositions and with urine testing, which remains by ners is detection of illegal drug use by programs (such as treatment), and to far the method of choice in most people in custody. Within that context, ensure the drug-free status of con- criminal justice institutions. Several drug testing can take place at several victed offenders. (See “Uses of Drug advances in technology have made points in processing offenders, and it Testing in Criminal Justice Practice.”) urinalysis more efficient and effective over the years.

USES OF DRUG TESTING IN CRIMINAL JUSTICE PRACTICE

Epidemiological analysis part of an arrestee intake health screen, to determine which people entering jail or prison currently are drug Criminal justice agencies may test people in custody users, and what types they use. The results may also because they wish to find out the incidence and preva- be used to determine eligibility for specialized pro- lence of substance abuse. No attempt is made to match grams such as drug courts, or for participation in diver- the individuals tested with the test results, so there is no sion programs in which charges are dropped if the punishment. The aggregated results can provide data for offender meets the requirement of drug abstinence.2 planning and evaluation. A major example of this type of use is the Drug Use Forecasting (DUF) program of the Arrestees who are released before further criminal pro- National Institute of Justice.1 cessing may be subjected to this type of testing. Pretrial testing includes the requirement that continued drug use Forensic testing is grounds for revoking release. People in custody or under suspicion may be tested to find out whether they have consumed a particular drug. Compliance monitoring The most familiar example is the determination of All people convicted of crime must submit to a drug whether someone operating a motor vehicle is “driving test on demand. This category includes those who are under the influence” (DUI) of alcohol or intoxicating incarcerated, those who have been convicted and drugs. The results of such forensic (evidentiary) testing released into the community on probation, and those can be used as evidence in criminal proceedings. (For on other types of community release. For anyone under DUI suspects, field testing by breath analysis detects community supervision, failure to maintain drug absti- blood alcohol levels, but for many of the popular drugs nence violates the terms of release or probation. of abuse, no functionally equivalent procedures are There are several reasons for the use of drug testing to readily available.) monitor abstinence in this population. In the case of Diagnostic or dispositional testing convicted offenders released into the community, one Drug testing may be conducted to evaluate the suitability important rationale is public safety. In addition, drug of arrested or incarcerated people for various disposi- testing may also help motivate offenders to desist from tions or their eligibility for or referral to particular types of drug use simply because they do not wish to risk their detoxification or treatment. Such testing may be done as release status by failing a test.

Notes

1. Now in its 10th year, DUF tests arrestees in numerous urban areas nationwide, using interviews and taking urine specimens. Recently renamed Arrestee Drug Abuse Monitoring (ADAM), the program is being expanded beyond the current 23 sites. Sampling procedures are being refined, and the use of the data for conducting research into the drugs-crime nexus will be expanded. See 1996 Drug Use Forecasting: Annual Report on Adult and Juvenile Arrestees, Research Report, Washington, D.C.: U.S. Department of Justice, National Institute of Justice, June 1997.

2. A good example of the use of drug testing to assess the needs and monitor the behavior of drug-involved offenders is the New Orleans Diversion Program. See Mieczkowski, Rosemary Mumm, and Harry F. Connick, “The Use of Hair Analysis in a Pretrial Diversion Program in New Orleans,” International Journal of Offender Therapy and Comparative Criminology 39(3) (1995):222–241.

10 National Institute of Justice Journal Chromatography. The molecules of confirmatory test is gas chromatogra- permit relatively high accuracy in the different substances move at different phy/mass spectrometry (GC/MS). screening test without the use of con- rates and thereby create distinctive firmatory tests. (When confirmation of patterns that allow them to be distin- When chemical analysis to detect psy- an immunoassay is required, usually guished from one another. This prop- choactive drugs was first used in a GC/MS is used.) Programs like DUF erty is the basis of the testing method relatively routine matter—in the late have become practical because of the called chromatographic separation. 1960s and early 1970s—the proce- development of this type of technology. Essentially, the molecules of different dures used were TLC for screening, substances, when placed on a surface, coupled with GLC as a confirmatory 2 separate from one another and form process (if one was used). The growth of interest characteristic patterns or bandings. in drug testing Immunoassays. A major technical Developed at the turn of the century, development in the 1970s, the immu- Routine biological testing to identify chromatographic separation began in noassay procedure represented an im- drug use is a recent phenomenon. For the 1960s to be widely used for portant advance over TLC. This example, only in the past decade has screening (initial) tests to detect psy- method uses certain chemical charac- drug testing to ensure abstinence as a choactive drugs. In the early form, teristics of substances to detect and criterion for probation eligibility be- thin-layer chromatography (TLC), the label specific drug compounds. Three come a major development and a prac- unknown sub- versions widely used for screening are tice universally stance was adopted throughout placed in a the United States. chemical solu- Advances in testing tion and applied technology have to a paper, caus- been a driving force ing bands of dif- in extending the ap- ferent lengths to plications of drug appear. When testing, but these subjected to an- forces also include other chemical, shifts in patterns of identifying drug use, rising pub- (chromatically lic concern, and distinct) colors evolving public also appeared. policy. Analysis of the bands and the Increased drug use colors permitted provides an impe- identification of tus. The first use of the substance. drug testing as a tool for detection among TLC was slow deviant, addicted and required in- populations does not terpretation by experts, but chroma- enzyme multiplied immunoassays appear in the research literature until tography subsequently became highly (EMITTM), fluorescence polarization the late 1960s.4 In the 1970s it was sophisticated and exact. Two new pro- immunoassay (FPIA), and radioimmu- unusual to find programs that rou- cedures, high-performance liquid noassay (RIA). tinely conducted testing to identify chromatography (HPLC) and gas- drug use. In the cases reported in the liquid chromatography (GLC), are a The procedure increases the specific- literature of that period, testing was 3 major advance over the original TLC. ity and reliability of screening. It also done exclusively to measure the effec- But like TLC they are slow, and they lowers costs and decreases the time tiveness of treatment. Of these, very are also expensive. Thus, they are gen- required, in part because it is readily few instances were found in which erally used only to confirm the results adaptable to mechanization, allowing drug testing (through urinalysis) was of a screening test.1 The “gold standard” large-scale processing. Immunoassays conducted to assess the prevalence of

December 1997 11 DRUG TESTING IN CRIMINAL JUSTICE drug use or to verify claims of drug criminal justice-based drug monitoring tion about arrestee drug-use patterns abstinence by people in custody. Evi- system became more realizable. As and changes in preferences for drugs. dence of the use of drug testing for aggressive drug testing became more In one study of the efficacy of pretrial other purposes—epidemiological analy- acceptable, the idea gained currency. drug testing, the researcher concluded sis, dispositional decisionmaking, gen- By 1989 the newly established Office that the information generated can be eral monitoring of of National Drug applied to planning comprehensive drug-involved Control Policy rec- testing and treatment programs. criminal offend- ommended “com- ers, or routine prehensive use” of Postconviction testing. Monitoring Technologies [now being testing of people drug testing for vir- incarcerated offenders or people on on probation or developed] may be able to tually all categories parole, probation, or other forms of community release is the other major other forms of detect emerging drugs of abuse. of people in the community re- criminal justice application of drug testing in criminal lease—is not This advantage would enable system. justice practice. found in the the criminal justice system A specialized focus for postadju- literature. to facilitate planning to Current dication populations is the use of drug testing in “intensive supervision pro- Greater interest in allocate resources for applications bation” (ISP). In these programs testing to detect in criminal substance abuse enforcement and treatment. caseloads are reduced so as to enable in certain popula- justice probation officers to maintain closer surveillance of, and work more tions arose in re- Today, as a result of the comprehen- sponse to reports of increased levels of closely with, each client. ISP has be- sive-use strategy, drug testing is con- come a popular mechanism for moni- drug use and the heightened public ducted at all stages of criminal justice discussion that followed. By 1977 the toring and controlling drug offenders processing, from the pretrial stage in the community.8 first use of urinalysis to evaluate the through incarceration and release. The drug status of people in direct custody urgency of the drug problem and the As with pretrial testing, testing within (in this instance, arrestees in jail) was widespread use of testing has led re- the context of ISP functions as a diag- reported in the research literature,5 and searchers to turn their attention to nostic device as well as a possible de- by the early 1980s came the first re- evaluating these applications. terrent to further drug use, at least to search using urinalysis to assess the the extent sanctions are applied. And drug status of “unapprehended street Pretrial monitoring of arrestees. as with pretrial drug testing, postcon- criminals.”6 One major impetus of the comprehen- viction testing may not produce the sive-use strategy was the desire to The move toward “aggressive” test- effects anticipated by program design- identify an arrestee’s involvement ers. Several of the most important is- ing. During the Reagan administra- with drugs as early as possible in tion, drug testing as a generally sues raised in ISP programs are the criminal justice processing. Encour- increased demands placed on super- acceptable technological application agement from the Federal Government received its greatest impetus. The vising officers to carry out the tests led in the 1980s to the adoption of this and the costs of frequent testing. If a administration’s widespread program type of dispositional drug testing in a of testing employees of Federal agen- drug violation is detected, it demands number of cities and other jurisdic- some type of response, which entails cies not only gave the issue of drug tions. Monitoring arrestees before trial testing greater visibility, it also high- further costs. These limitations are has become a major application of drug exacerbated by the general lack of lighted the availability of the technical testing in the criminal justice system. capability to conduct large-scale drug treatment available for offenders un- screening at relatively low cost. There is some evidence that the results der court supervision. Nor have ISP of pretrial testing can predict criminal programs yet proved successful in By the close of the 1980s, the move to behavior or other violations (such as reducing recidivism. Rather, they increase drug monitoring via testing failure to appear in court), but that evi- have been shown to increase technical within the criminal justice system dence is mixed.7 Whatever the evi- violations, which in turn increase the 9 had gained considerable momentum. dence, there are nevertheless corollary pressure on jails and prisons. With the development of rapid, cost- benefits. Testing can produce informa- effective drug testing the idea of a

12 National Institute of Justice Journal Emerging technologies not appear that even regular hygiene In the past few years, the patch has can remove enough of a drug to defeat undergone a number of field trials that Currently on the horizon are techno- a sensitive test. As the hair shaft in general have found it useful.11 Stud- logical developments that represent grows, it produces a linear record of ies have shown that it has some dis- signal advances over urinalysis. These the compounds absorbed. tinct advantages, one of which is a methods may have advantages beyond longer window of detection than uri- cost effectiveness alone. For one Some of the same techniques used in nalysis.12 The technique is also less thing, they offer the prospect of being urinalysis are also used in hair analy- invasive than urinalysis, and the less invasive and intrusive than uri- sis. Both radioimmunoassay screen patches are easier than urine samples nalysis. Perhaps more important, these and GC/MS (chromatography) can to handle, ship, and store. An obvious technologies may be able to detect identify the presence of cocaine and limitation is that it cannot detect past, emerging drugs of abuse. This advan- heroin (as well as other compounds) long-term drug use. tage alone would enable the criminal in hair. justice system to get ahead of the Looming on the horizon are “smart curve in dealing with drug offenders Although hair testing is not as widely patches,” which conceptually are simi- by facilitating planning to allocate re- used in criminal justice practice as lar to the standard patch but produce sources to such areas as enforcement urinalysis, it is attracting increased results instantly. Embedded micro- and treatment. interest. That is especially true where electronic chips create this advantage, long-term drug trends are being evalu- and there may be others, among them Hair analysis. Several major drugs of ated, because of the wider window of the ability to produce information such abuse, including cocaine, heroin, and detection. Already, hair analysis has as the date on which particular drugs amphetamines, are rapidly excreted proved effective in several applica- were detected and the level of concen- from the body via urine. This means tions, among them diagnosing and tration. Smart patches appear to hold the ability of urinalysis to detect them evaluating drug-use histories of people great promise but have yet to be exten- is limited. Hair in voluntary sively field tested. analysis has treatment pro- been suggested grams, offenders Saliva testing. One of the most com- as a supplement Once a metabolite is embedded in in criminal jus- pelling aspects of saliva specimens is to urine testing the hair shaft, it appears to remain tice-based treat- that they are readily available, rela- because, by of- ment programs, tively simple to collect, and do not fering a longer there almost permanently. Although criminally in- pose problems of privacy and intru- “window” of washing and manipulation can af- volved youths, sion as does urine testing. Especially detection, and arrestees, and for onsite applications such as field fect the concentration of drugs in for other rea- probationers in sobriety checks, this is a distinct ad- sons, it makes hair, it does not appear that even ISP programs. vantage. From a medical perspective, When introduced saliva collection is noninvasive, in evasion more regular hygiene can remove enough difficult. Be- in court as evi- contrast to the collection of plasma cause hair of a drug to defeat a sensitive test. dence of drug and blood. analysis can use, the results of detect these cur- hair analysis have Although saliva has shown its utility rently popular drugs, it can help the generally been upheld.10 in detecting drugs of abuse—it has 13 criminal justice system to keep up been used to identify cocaine and 14 with changing drug-use trends. Sweat patches. Since sweat is a cannabinoids —its full potential has mechanism for eliminating waste from still to be realized. One major disad- The scientific basis of hair analysis is the body, it contains drugs and drug vantage is that currently the biological the capacity of the growing hair to ab- metabolites much like urine and can functions and attributes of saliva are sorb drugs and their metabolites (the be analyzed with similar technologies. not completely understood, and for products of the body’s metabolism). But much time is needed to collect this reason researchers have recom- Once a metabolite is embedded in the quantities sufficient for analysis. The mended using it only in conjunction hair shaft, it appears to remain there adhesive patch is a mechanism that with a more traditional specimen such almost permanently. Although wash- can overcome this problem because it as blood or urine.15 ing and manipulation can affect the is worn for an extended time before be- concentration of drugs in hair, it does ing removed and subjected to analysis.

December 1997 13 DRUG TESTING IN CRIMINAL JUSTICE

Multimodal testing: the ion mobility search locations such as the holds of is illustrated by the use of drug testing spectrometer. The ion mobility spec- ships for evidence of contraband. Al- to supervise drug offenders in the trometer (IMS), which can be used in though IMS appears to hold promise community. For this type of use, re- the field, is a for drug searchers have observed that technol- highly auto- monitoring, ogy appears to have moved faster than mated instrument as with other some agencies’ ability to effectively for chemical methods now use the information generated.18 It ap- analysis that being ex- pears that technological innovations shares some of plored, there on the horizon for drug testing will the design and are limita- have the same effect—they will pro- operational char- tions that vide more comprehensive and precise acteristics of the need to be information about drug use while of- gas chromatog- overcome. fering no answers for how agencies raphy/mass For example, can use the information. spectrometry because the instrument. Like sensitivity of Thus, although technical challenges GC/MS, it de- the technique still loom, the greater challenge will pends on separa- may vary be in the realm of policy. The question tion of materials with the type is how to respond to the enhanced ca- moving through of substance pability that will be made possible by space to detect a tested, it may forthcoming technical advances in unique marker or in some in- drug testing. Looking to the future, it “fingerprint” stances be would seem that serious thought needs uniquely associ- too sensitive to be brought to the question: What is ated with a and therefore to be done with the technology? That known chemical unwork- question is as important as any related compound. able.16 For to the development of the technology this reason it itself. The primary ad- may, on bal- vantages of IMS ance, lack any advantages over current are that it is very sensitive, has high methods.17 Notes analytic specificity, and can identify many compounds simultaneously and 1. “Screening” refers to the initial, rapidly. It also has the potential to test Policy challenges and rapid, first-pass test. When necessary, many different types of specimens, the substance is then submitted to a the future of drug second, more exacting, “confirmatory” including urine, hair, sweat, skin swab testing samples, saliva, and other materials test using a different analytical procedure to verify the results of the first (such as pocket lint and clothing The evolution of drug testing in crimi- test. swatches). Because it can be pro- nal justice practice represents a con- grammed for a variety of substances, it vergence of technological advances 2. Dole, V., W.K. Kim, and I. Eglitis, is relatively easy to adapt to newly with several other factors: changing “Detection of Narcotic Drugs, Tran- emerging drugs. levels and patterns of drug use, public quilizers, Amphetamines, and Barbitu- concern, and the political response. rates in Urine,” Journal of the Recently, probation services in several Each factor drives, to some extent, the jurisdictions have been using IMS to American Medical Association 198 shape of policies and practices (1966):349–352; Davidow, B., N. monitor offenders or are actively ex- adopted in jails, parole and probation ploring the technology for this pur- LiPetri, and B. Quame, “A Thin-Layer offices, juvenile justice centers, and Chromatographic Screening Procedure pose. It is also used by a number of similar institutions. However, it is Federal agencies (for example, the for Detecting Drug Abuse,” American likely to be technology that will play a Journal of Clinical Pathology 50 U.S. Customs Service, the Federal Bu- critical role in creating possibilities reau of Investigation, and the Drug (1968):714–819; and Heaton, A., and for policy implementation. Paradoxi- A. Blumberg, “Thin-Layer Chromato- Enforcement Administration) to detect cally, that also poses a problem, which drug traces on confiscated items or graphic Detection of Barbiturates,

14 National Institute of Justice Journal Narcotics and Amphetamines in Pretrial Misconduct with Drug Tests 16. A test that is too sensitive is one Urines of Patients Receiving Psycho- of Arrestees: Evidence from Six Sites, that may detect traces of material too tropic Drugs,” Journal of Chromatog- Research in Brief: Washington, D.C.: small to be confirmed by other pro- raphy 41 (1969):367. U.S. Department of Justice, National cesses or that under some conditions Institute of Justice, 1996. may produce positive results only be- 3. Specificity refers to a test’s exact- cause of low-level background con- ness in identifying a chemical com- 8. Turner, S., J. Petersilia, and E. tamination. pound. Thus, a test that can identify a Deschenes, “The Implementation and compound as an opiate (a general cat- Effectiveness of Drug Testing in Com- 17. A complete treatment of IMS tech- egory of drugs) is less specific than one munity Supervision: Results of an Ex- nology and its development can be that can determine that a compound is perimental Evaluation,” in Drugs and found in Eiceman, G., and Z. Karpas, heroin (a specific type of opiate). Crime: Evaluating Public Policy Ini- Ion Mobility Spectrometry, Boca tiatives, ed. D. MacKenzie and C. Raton, Florida: CC Press, 1994. 4. Ball, J., “Research Notes: The Reli- Uchida, Thousand Oaks, California: ability and Validity of Interviews Sage Publications, Inc., 1994. 18. Turner, Petersilia, and Deschenes, Obtained from 59 Narcotic Drug Ad- “The Implementation and Effective- dicts,” American Journal of Sociology 9. Ibid. ness of Drug Testing in Community 72 (1967):650–654. Supervision.” 10. McBay, A., “Legal Challenges to 5. Page, W., et al., “Urinalysis Testing Hair for Drugs: A Review,” Screened Versus Verbally Reported International Journal of Drug Testing Illustrations: Drug Use: The Identification of Dis- 1(1) (1997):34–42. Page 9: crepant Groups,” International 11. Baer, J., and J. Booher, “The Computer screen display from the spec- Journal of the Addictions 12(4) trometer used to confirm samples that (1977):439–450. Patch: A New Alternative to Drug tested positive for marijuana in preliminary Testing in the Criminal Justice Sys- screening. The upper two traces indicate the presence of the metabolite of THC, the 6. Wish, E., et al., Concordance Be- tem,” Federal Probation 58(2) active ingredient in marijuana. The lower tween Self-Reports of Drug Use and (1994):29–33. two traces are an internal standard to which the findings are compared. Courtesy of Urinalysis Test Results From Active Psychemedics Corporation. Unapprehended Criminals, New 12. Ibid. Pages 9 and 11: York, New York: Narcotics and Drug 13. Cone, E., and W. Weddington, Research, Inc., 1983. As part of the procedure of testing hair for “Prolonged Occurrence of Cocaine in illicit substances, the sample to be tested is Human Saliva and Urine after Chronic placed in a foil strip, sealed in a tamper- 7. Visher, C., “Using Drug Testing to proof card, and then sealed again in a Identify High-Risk Defendants on Re- Use,” Journal of Analytical Toxicol- tamperproof plastic pouch along with the ogy 13 (1989):65–68. request to perform the test. Photo courtesy lease: A Study in the District of Co- of Psychemedics Corporation. lumbia,” Journal of Criminal Justice 14. Gross, S., et al., “Detection of Re- Pages 9 and 14: 18 (1990):321–332; Visher, C., Pre- cent Cannabis by Saliva ∆9–THC trial Drug Testing, Research in Brief, Schematic diagram of a human hair follicle Radioimmunoassay,” Journal of illustrating how drugs circulating in the blood Washington, D.C.: U.S. Department of Analytical Toxicology 9 (1985):1–5. become entrapped in the hair shaft as it Justice, National Institute of Justice, grows out from the scalp. Courtesy of Cannabinoids are the psychoactive Psychemedics Corporation. 1992; Visher, C., “Pretrial Drug Test- ingredients in marijuana. ing: Panacea or Pandora’s Box?” An- nals of the American Academy of 15. Hold, K., et al., “Saliva as an Ana- Political and Social Science 521 (May lytical Tool in Toxicology,” Interna- 1992):112–131; and Rhodes, W., R. tional Journal of Drug Testing 1(1) Hyatt, and P. Scheiman, Predicting (1997):1–34.

December 1997 15 ince before the turn of the century, at a time when Sir Arthur Conan Doyle was spinning his tales of S Sherlock Holmes, objective scientific evidence has been routinely used to investigate crime. Today, although most crimes continue to be solved through confessions and eyewitness accounts, forensic evidence—most often drugs, fingerprints, firearms, blood, and semen—has come increasingly to be used to establish the truth. In the past few years alone, major technological advances have been made in fin- gerprinting, the development of computerized fingerprint databases and, perhaps most familiar because of recent sen- sational criminal cases, DNA testing.

Advances in technology have helped DNA testing to become an established part of criminal justice procedure. De- spite early controversies and challenges by defense attorneys, the admissibility of DNA test results in the court- by room has become routine. More than 200 published court opinions support this use, and DNA testing standards have been developed and promulgated. Last year there were more Victor Walter Weedn than 17,000 cases involving forensic DNA in this country alone. Questions about the validity and reliability of forensic DNA test methods have essentially been addressed. and DNA’s promise of using evidence invisible to the naked eye to positively identify the perpetrator or exonerate the inno- John W. Hicks* cent suspect is being fulfilled. Thanks to DNA, biological evidence is now used in new ways, and many more sources of evidence are available than in the past. Yet the potential of DNA may be greater than its accomplishments thus far. Realizing that potential means first overcoming a number of limitations—in procedures for testing DNA evidence and systems to collect and access DNA information.

*Victor Walter Weedn, M.D., J.D., is Director of the Birmingham Regional Crime Laboratory of the State of Alabama’s De- partment of Forensic Sciences. He was formerly the Program Manager of the U.S. Department of Defense DNA Registry at the Armed Forces Institute of Pathology. John W. Hicks, M.P.A., formerly an Assistant Director of the FBI in charge of the Laboratory Division, is Deputy Director of the Alabama Department of Forensic Sciences.

16 National Institute of Justice Journal An enhanced role for trast, in England the majority of DNA and structural features, but rarely has biological evidence database matches involve burglaries, it been possible to determine the with the evidence tested consisting of source definitively. Because an As a result of the development of blood found at sites of forced entry. individual’s DNA may be detectable DNA testing, biological evidence— Saliva, skin cells, bone, teeth, tissue, in his or her hair, DNA testing tech- evidence commonly recovered from urine, feces, and a host of other bio- nology is likely to change substan- crime scenes in the form of blood or logical specimens, all of which may be tially the significance and use of hair other body fluid—has taken on new found at crime scenes, are also sources evidence. significance. Traditional blood and of DNA. Saliva may be found in saliva testing have been rendered ob- chewing gum and on cigarette butts, The superficial skin cells that an indi- solete. DNA is found in these sub- envelopes, and possibly drinking vidual sheds in the hundreds of thou- stances and in fact in all body tissues cups. Fingernail sands every hour may be prevalent at and fluids. Because DNA testing is scrapings from an crime scenes. Their presence raises the more sensitive than traditional sero- assault victim or possibility of subjecting such trace logic methods and DNA is able to a broken fin- biological material to DNA test- withstand far harsher environmental gernail left at ing. insults, DNA testing may be success- the scene by Recently researchers have ful when traditional testing is not. the perpetra- reported that DNA can tor may also be recovered from Because the DNA molecule is long be useful DNA fingerprints, which lived, it is likely to be detectable for evidentiary are therefore an- many years in bones or body fluid specimens. Even other possible stains from older criminal cases in hatbands and other source of trace which questions of identity remain articles of clothing specimens that unresolved. The result is that DNA may yield DNA. DNA may be valu- testing applies to a vastly wider array testing of urine is becom- able as evi- of specimens than conventional testing ing common to establish dence.3 and is much more powerful in analyz- whether a particular individual is ing biological evidence than any pre- truly the source of the specimen in vious technology. which illegal drugs have been identi- Back to the future fied. Expanding the range of The longevity of the DNA molecule The array of evidence that can be means its power extends not just to the evidence found at crime scenes and subjected to present and future but also to the past. DNA testing suggests its unrealized Virtually all biological evidence found Specimens that in many cases are potential. For despite the abundance of years or even decades old—dating to at crime scenes can be subjected to evidence, and despite the advantages DNA testing. At most crime scenes, the time when DNA testing technol- of DNA testing, little of this evidence is ogy was not yet available—can be there are many kinds of biological evi- recovered from crime scenes, less is dence: not only blood and hair but also tested, resulting in overturned convic- submitted to crime labs, and still less is tions and release of the innocent. botanical, zoological, and other types analyzed. (See “Sexual Assault Cases: 1 of substances. Blood evidence was Need for More DNA Processing.”) The exoneration of Kirk Bloodsworth revealed in one study to be found in is an example of how the past was re- 60 percent of murders and in a similar The potential for more sources. For visited with DNA evidence. In this percentage of assaults and batteries. certain kinds of DNA-laden biologic case a Baltimore court, using an Hair was found at the scene of 10 per- evidence, the potential has yet to be anonymous tip, identification from a cent of robberies and 6 percent of resi- fully explored. Hair cells are an ex- police artist’s sketch, eyewitness state- 2 dential burglaries. ample. During a violent confrontation, ments, and other evidence, found Mr. hair may be transferred between the Multiple source. In this country DNA Bloodsworth guilty of sexually as- victim and the perpetrator. Tradition- saulting and murdering a young girl. testing has been conducted primarily ally, forensic scientists have been able in cases of sexual assaults from vagi- Later he was retried and again found to identify the source of this evidence guilty. But in 1993, more than 8 years nal swabs and semen stains. By con- on the basis of its general appearance

December 1997 17 THE UNREALIZED POTENTIAL OF DNA TESTING

SEXUAL ASSAULT CASES: NEED FOR MORE DNA PROCESSING1

Case processing of rapes could be improved if, in more was obtained from less than half the individuals, and in instances, the DNA evidence were submitted to labora- less than one-third were the samples DNA typed (see tories and tested. Currently, in only a relatively small below). This proportion is an improvement over the proportion of all rape victimizations is DNA recovered past; however, of the overall, cumulative number of and tested. For DNA databasing of people convicted DNA samples collected (452,000 in the 35 States par- of sexual assaults, the situation is similar: Samples are ticipating in CODIS), only 20 percent have been typed. not collected, and many of those that are collected are Exacerbating this limited databasing is that the mis- not tested. match between DNA typing systems prevents comparison searches; for example, most casework is now A recent FBI survey revealed that of all rapes, less than performed using PCR analysis, while RFLP typing is per- half were solved by the police and less than 10 percent formed on the vast majority of collected DNA database were sent to crime laboratories. And because crime samples. laboratories are not able to work all cases submitted, in only 6 percent of the 250,000 rape cases was the Fortunately, the situation is improving for rape cases: recovered DNA tested, leaving a backlog of several These low DNA utilization rates represent a substantial thousand cases awaiting processing (see below). increase in DNA testing over the previous year (19 percent for DNA typing casework and 30 percent for DNA Of all convictions for sexual assaults (whether felonies or databasing). However, for nonsexual assault crimes, misdemeanors) from which DNA collection is legisla- DNA testing is limited or in some cases even nonexistent. tively mandated for database matching purposes, DNA

Rapes Number % Victimizations 250,000 (100) Investigated by Police 100,000 40 DNA Submitted to Crime 22,000* 9 Labs DNA Processed by Labs 16,000 6 Backlog in Labs 6,000 — * Of the remaining 78,000 rape cases in which DNA was not submitted, 48,000 remained unsolved. The rest (30,000) were solved without the use of DNA evidence.

DNA Databasing (Sexual Assaults) Number % Convictions 165,000 (100) DNA Collected 80,000 48 DNA Typed 45,000 27 DNA Not Typed 35,000 73

Note

1. These data were presented by Stephen Niezgoda, CODIS Program Manager, FBI, at the American Society of Crime Laboratory Directors’ 25th Annual Symposium on Crime Laboratory Development, San Antonio, Texas, September 18, 1997. Data on number of rapes are from the Bureau of Justice Statistics National Crime Victimization Survey; the other data are from the FBI’s forthcoming 1997 CODIS Survey of DNA Laboratories. The survey used information from the States for the period January 1996 through June 1997, and projected data to the end of fiscal year 1998.

18 National Institute of Justice Journal after his arrest, prosecutors compared the needs of the courts, to analyze all in many cases the ability to secure DNA evidence from the victim’s potential evidentiary specimens sub- critical information by field testing at clothing to Mr. Bloodsworth’s and mitted. Thanks to the development of the crime scene might significantly found the two did not match. He new methods of analysis, however, enhance the likelihood of a successful was subsequently released and then crime laboratories’ ability to process resolution. pardoned. DNA evidence within a reasonable Field testing As of this writing, dozens of other in- time is expected to should not re- Thanks to the development of mates have been released on the basis improve substan- place laboratory of similar evidence. A number of ex- tially within the next new methods of analysis, crime testing; instead it amples of cases in which DNA testing may powerfully few years. (See “In laboratories’ ability to process furnished new evidence that resulted the Pipeline: New augment investi- in the release of people wrongly con- and Improved Test- DNA evidence within a gations convicted have been published.4 ducted at crime ing Technologies.”) reasonable time is expected to scenes. It could Field testing—being improve substantially within be used to screen Limitations to tested. Investigatory the next few years. potential DNA overcome leads often grow evidence speci- cold within a very mens for those The fact that much forensic biologic short time after a crime is committed. most likely to produce results and, evidence remains unrecovered and Suspects vanish, witnesses disperse, through preliminary analysis con- unanalyzed is only one obstacle to re- and potential physical evidence may ducted at the scene, to help develop alizing the full potential of DNA test- persist for only a limited time or may investigative leads. Oral swabs could ing. Other limitations stem from lack be disturbed in some way, even by be used to collect DNA samples from of sufficient laboratory funding, time- normal activities. Although faster pro- those willing to submit to the proce- consuming testing methods, inability cessing in the laboratory is important, dure. Of course, more powerful, con- to test in the field, and the challenges of automating DNA evidence databases. These problems are serious, but Genetic Marker 1 Genetic Marker 2 Genetic Marker 3 new developments suggest they can be overcome.

Laboratory testing—funding low, processing slow. For the full potential Suspect 1 of DNA evidence to be realized, forensic laboratories must have resources sufficient to test the evidence submitted to them. But laboratories are notoriously underfunded, and Suspect 2 many already face heavy backlogs of work. Law enforcement agencies are often forced to distribute scarce resources among a range of pressing needs, and the labs vie for funding in this highly competitive environment. Evidence

Exacerbating this difficulty, and ex- plaining why limited testing is done, are the slow, costly testing methods Method of Matching DNA Patterns Using STRs currently used. Because they are so STR (short tandem repeat) genetic markers run simultaneously on known and questioned time consuming, crime laboratories DNA samples. Each person will have a maximum of two traits for each marker must prioritize cases to be processed examined. The analyst identifies the traits for each of the three markers and determines and specimens to test. It is not pos- whether the traits for the evidence match the traits from the samples of the suspects’ sible, given the deadlines imposed by DNA. In this case, the pattern of the evidential specimen matches that of suspect 2.

December 1997 19 THE UNREALIZED POTENTIAL OF DNA TESTING

IN THE PIPELINE: NEW AND IMPROVED TESTING TECHNOLOGIES

More rapid processing of DNA evidence should be possible able, but already they are anticipated to supersede less within the next few years as a result of improvements in test- informative dot/blot systems. ing technology now under way. Developments that will further automate DNA analysis The first widespread use of DNA tests in the criminal justice are being developed as an outgrowth of the Human community involved RFLP (restriction fragment length polymor- Genome Project.1 These include robots, microchip- phism) analysis, which was informationally rich but took a based instrumentation, and mass spectrometry. The run long time—about 6 weeks. Recent nonradioisotopic methods time of such instruments may be only minutes or even have considerably reduced the turnaround time of RFLP. seconds. Performance of 100 STR analyses within an Nonetheless, it is anticipated that RFLP testing will eventually hour using an automated mass spectrometer has been be supplanted by PCR (polymerase chain reaction)-based demonstrated in a research setting. technology. Support for development of microchip and mass spec- It takes only days to perform PCR-based dot/blots and, more trometric work in forensic DNA testing is being provided recently, STRs (short tandem repeats). Moreover, current STR by the National Institute of Justice. Today the resulting marker sets produce as much information as RFLP tests and systems are in operation in only a few research centers, can be used with extremely small and degraded DNA speci- but are likely to become commercially available in the mens. STRs have only recently become commercially avail- next few years.

1. The Human Genome Project (HPG) is an international, 15-year effort, begun in 1990, to discover all the genes in the human body’s DNA and determine the complete sequence of DNA. A major focus of HPG is development of automated technology for the sequencing process.

firmatory testing in the controlled without suspects, evidentiary testing, suspectless cases to produce “cold environment of the laboratory should no matter how powerful, can do little hits” (matches lacking previous leads). continue to be conducted to ensure more than link crimes together and is Databanking in the United States is absolute confidence in the results. The of little use in solving them. In the still limited, but as with testing tech- role of preliminary analysis in the same way that fingerprint registries nologies, it continues to evolve. field would be to eliminate certain in- and then automated fingerprint identi- dividuals as suspects, arguably always fication systems each dramatically a more important role for DNA evi- enhanced the utility of fingerprint evi- The status of dence than incrimination.5 dence, the development of DNA data- databanking bases and networks can substantially Steps are now under way to realize the augment DNA profiling. In the U.S. Today almost all States potential of field testing DNA evi- have legislation related to DNA dence. Recently, a truly portable mi- Information in the database, which databanking, most of it focusing on crochip-based prototype field-testing consists of DNA test results from in- collecting and testing DNA from indi- instrument has been developed.6 The dividuals convicted of certain catego- viduals convicted of sexual assaults instrument, which produces findings ries of crime and DNA from the and often homicides. In some cases within 30 minutes, is currently being scenes of unsolved crimes, can be the legislation requires collection from upgraded and made available commer- compared to results of evidence ob- all convicted felons. Although DNA cially. The National Institute of Justice tained at recent crime scenes to find databanking was proposed almost 10 is sponsoring the development of other associations. This creates DNA years ago, and although databanking types of portable field instruments. databasing’s greatest advantage: its has been almost universally adopted at use as an investigative tool in cases the State level, the concept of its de- DNA databases—in their infancy. where there are no suspects. How- velopment in this country is still rudi- Without computerized searching and ever, jurisdictions must process mentary.

20 National Institute of Justice Journal The limitations are partly due to the far more aggressively to establish a conviction. In testing technology, the definition of offender categories in the national DNA criminal database. U.K. has switched completely to auto- legislation. For example, rapists who Specimens are collected from a wider mated STR, which is able to discrimi- plead to a lesser offense not covered range of offense categories than the nate among every man, woman, and by a particular State databanking law sexual assault category targeted by child in the country. By contrast, most are therefore not subject to it. Simi- most State pro- databasing in the larly, in some States DNA collection grams in the United States laws are inapplicable to juveniles in- United States. The uses RFLP re- volved in the criminal justice system. number of DNA By alerting investigators to sults. (For an In other instances DNA is not col- profiles entered explanation of lected until an offender is released, thus far in the similarities among unsolved RFLP and re- instead of at intake, making it impos- U.K. is now crimes, CODIS can aid in appre- lated terms, see sible to match the offender’s DNA to nearly 200,000,7 “A Primer of hending perpetrators who com- that in a case opened during incarcera- with an expected DNA Testing tion. Other problems stem from lack of increase to more mit a series of crimes and in Technology.”) funding and the incompatibility of the than 5 million this way prevent other offenses Laboratory pro- States’ genetic testing systems. Of the specimens in the cesses in the 47 States that have passed legislation, next decade. by the same person. U.K. have been the program is operational in only 36, streamlined and and of that number most programs are The U.K. has automated and severely backlogged. taken other steps to increase the utility therefore are generally more efficient of its database. Specimens are taken than those at the U.S. State level. In the U.K. Compared to the United upon arrest rather than, as in virtually States, the United Kingdom has moved all the States in the United States, on The most important distinction between the two countries is that the U.K. views databanking as a primary METHOD OF MATCHING DNA PATTERNS USING RFLP investigative tool. It is used, for example, for “mass screens” or “intelli- gence-led screens,” in which targeted canvassing is conducted in a certain area or among a certain pool of suspects. The approach has been used with great success: Since 1995 at least 17 high-profile cases have been solved in this fashion.

The DNA pattern of Officials in the U.K. believe that their the suspect matches DNA testing program has actually re- the pattern produced overall law enforcement costs duced from the by eliminating extensive traditional Victim vaginal swab of the police investigations in some cases. rape victim Toward a national system? Because Evidence the U.K. databanking system is based Swab Suspect nationally, it is central and uniform, not an aggregate of many different, incompatible State systems. Our “patchwork” system is improving, however, because of systems developed by the FBI, Federal support for State DNA databanking, and the con- vergence of DNA typing methods.

December 1997 21 THE UNREALIZED POTENTIAL OF DNA TESTING

A PRIMER OF DNA TESTING TECHNOLOGY

DNA is the chemical deoxyribonucleic acid, which stores method of preparing samples in which the targeted the genetic code of the human body—the hereditary blue- DNA is copied many times (amplified). Two DNA print imparted to us by our parents. DNA is useful in foren- molecules are produced from the original molecule; sics because it is present in all cells, is the same throughout the procedure is repeated many times with a doubling the body, and does not change in the course of a person’s of DNA fragments every time. Eventually millions of life. Perhaps most important, for each individual (except copies of a DNA sequence are produced. Although identical twins) the DNA sequence (the order of the DNA PCR is very sensitive, permitting analysis of as little as building blocks) is different, making each person’s DNA a single copy of DNA, this sensitivity also makes the unique. sample susceptible to contamination. NIJ has provided support for the development of PCR as well as RFLP RFLP testing standards.1 The first type of forensic DNA test to be widely used by Reverse dot/blots crime laboratories was restriction fragment length polymor- phism (RFLP), based on the variation among individuals in The original application of PCR to DNA testing in- the length of the DNA fragments. In the RFLP method, DNA volved what is called dot/blot analysis. In a given is extracted and cut by an enzyme into restriction fragments, region of DNA, there is a finite number of possible which are suspended in a gel, divided up by size, and sequences (“alleles”) between individuals, and a transferred from the gel by blotting onto a membrane. In probe can be developed to determine the alleles order for the examiner to see the fragments, they are identi- present. In reverse dot/blot analysis, used by some fied by radioactively labeled probes, and the membrane is forensic laboratories, amplified DNA binds to probes placed over an x-ray film. The radiation from the probe ex- attached to a membrane. Membrane strips produce a poses the film and produces a picture of the DNA frag- blue dot in the presence of the bound, amplified ments, called an “autoradiogram.” DNA. Although these tests may be useful in many circumstances, their discriminatory power is low com- A match is made when the patterns produced by DNA from pared to other DNA typing methods, and one an evidence stain and those from a suspect’s sample DNA specimen may be contaminated with DNA from an- are found to be the same. An estimate of the statistical prob- other person. ability that this evidence is from the suspect rather than someone selected at random is then calculated. RFLP is pow- STRs erful but is relatively insensitive, cannot be applied to de- It is possible to amplify regions of the DNA molecule graded specimens, and is tedious and time consuming, that show variation in DNA fragment length between taking about 6 weeks. More recently, to avoid the precau- individuals rather than using the RFLP method of isolat- tions needed to handle radioactive samples and to speed ing and cutting out these regions. The forensic commu- processing time, other labeling systems have been adopted, nity has found that smaller sets of fragments, called including chemiluminescent and fluorescent methods. short tandem repeats (STRs), are preferable for several PCR technical reasons. The technique of using STRs is easier and faster than RFLP, and the analysis can be If a forensic sample is too small for RFLP testing or if the performed with a number of different automated and DNA is degraded, polymerase chain reaction (PCR) testing semiautomated methods, such as capillary electro- may be used to obtain a DNA typing result. PCR is a phoresis,2 which is particularly rapid and highly automated. Notes 1. In cooperation with the Office of Law Enforcement Standards of the National Institute of Standards and Technology, NIJ has initiated development of standards for the RFLP and PCR testing methods.

2. NIJ provided support for applying capillary electrophoresis to forensics.

22 National Institute of Justice Journal The CODIS system (COmbined DNA their ability to process DNA evidence 4. Conners, Edward, et al., Convicted Index System) is a national investiga- quickly, and as the courts’ expecta- by Juries, Exonerated by Science: tive support database. Developed by tions of the use of DNA test results Case Studies in the Use of DNA Evi- the FBI, it is used in the national increases, there will be greater empha- dence to Establish Innocence After (NDIS), State (SDIS), and local sis on initial collection of evidence at Trial, Research Report, Washington, (LDIS) DNA Index System networks the crime scene. D.C., U.S. Department of Justice, Na- to link the typing results from un- tional Institute of Justice, June 1996, solved crime cases in multiple juris- Initial collection of evidence is a key NCJ 161258. dictions or to those convicted of link in the chain of events leading to offenses specified in the DNA successful testing, but it is also a vul- 5. According to statistics from the databanking laws passed in 47 States. nerable link. Currently the ground- FBI, the States, and crime laboratories By alerting investigators to similarities work is being prepared to strengthen from other countries, DNA testing has among unsolved crimes, CODIS can specimen collection and preservation, excluded the named subject as the aid in apprehending perpetrators who with more structured crime-scene source of the suspect DNA in about commit a series of crimes and in this teams and more formalized evidence one-third of the cases received for way prevent other offenses by the collection procedures being estab- testing. lished in many jurisdictions. The aim same person. The 77 laboratories in 6. Belgrader, P.J., et al., “Rapid PCR the 36 States participating in CODIS of these teams is to ensure that all potential evidence is recovered and prop- Identity Testing Using a Battery- have produced 126 case-to-case “hits” Powered Miniature Thermal Cycler,” and 76 case-to-offender “hits.” erly preserved for testing, and especially to minimize the possibility Journal of Forensic Sciences (in For CODIS to work efficiently, all of contamination. press); and Ibrahim, M.S., et al., forensic laboratories must use reliable “Real-Time Microchip PCR for and compatible DNA test systems so Today much evidence is not retrieved, Detecting Single Base Differences in that data can be compared. To that end submitted to the lab, or analyzed. Viral and Human DNA,” submitted to the Violent Crime Control and Law Crime labs are neither adequately Analytical Chemistry. Enforcement Act of 1994 promotes funded nor fully supported. Database registries are not comprehensive and 7. Personal communication with Lyn uniform standards for forensic DNA Fereday of the United Kingdom’s testing and provides Federal support to not fully utilized. People still get away with murder. But if the potential of Forensic Science Service, Reading, State and local law enforcement agen- England, July 15, 1997. cies to improve their DNA testing ca- DNA testing can be fully realized, pabilities so they can participate in their chances are likely to be greatly 8. The aim of the DNA Identification CODIS.8 Also, to establish minimal reduced. Act of 1994, Title XXI of the Violent compatibility among laboratories, the Crime Control and Law Enforcement FBI has promulgated a core set of Notes Act of 1994 (the Crime Act), is to in- RFLP genetic loci (specific places in crease the capabilities and capacity of DNA) and will promulgate a core set 1. Parker, B., and J. Peterson, “Physi- State and local forensic laboratories to of STR loci. cal Evidence Utilization,” in The Ad- conduct DNA testing. In the first year, ministration of Criminal Justice, NIJ awarded $8.75 million to 31 States, $8 million of which was On the horizon Technology III, ed. S.I. Cohn and W.B. McMahon, Chicago, Illinois: provided from the FBI. Improved testing technologies are en- ITT Research Institute, 1970. This is suring more efficient and effective the only comprehensive study of DNA evidence processing, advances physical evidence from crime scenes. Photo: in technology and databanking prom- Page 16: 2. Ibid. ise to widen the use of DNA evidence A research scientist looks through a light box as an investigational tool, and new 3. Van Oorschot, R.A.H., and M.K. at DNA fragments suspended in a gel to as- certain the quality and quantity of the material sources of biologic evidence are being Jones, “DNA Fingerprints From Fin- to prepare for testing using the RFLP method. explored. Nevertheless, we are still far gerprints,” Nature 387 (1997):767. from full realization of the potential of Photo courtesy of the National Institute of Standards and Technology. DNA testing. As laboratories improve

December 1997 23 Looking Backward to Look Forward: The 1967 Crime Commission Report in Retrospect The Challenge of by Mark Moore* Crime in a Free Society: Looking Back Looking Forward

hirty years ago, the report of the President’s Commission on Law Enforcement and Administration of Justice was released. Entitled T “The Challenge of Crime in a Free Society,” the report reflected the Commission’s leadership in setting forth a vision that was appropriate and powerful for its time. In this symposium, held to commemorate publication of the report, we have an opportunity to recommit ourselves to a new set of purposes by drawing on the Commission’s insights and reshaping them from the perspectives of the changes that have occurred in the intervening years.

Max Weber thought the crucial defining characteristic of a statesman or a politician was passion—not the feckless variety characteristic of some intellectuals, but the kind he described as including a “sense of matter- of-fact,” an ability to let the cold realities of a situation operate on one’s mind with inner calmness and concentration. What distinguished the Commission was this kind of passion, “a passion for justice and knowledge.” It should animate us as well today.

*Mark H. Moore, Ph.D., is Guggenheim Professor of Criminal Justice Policy and Management at Harvard University’s Kennedy School of Government. This article is an abridgment of the address he presented at the closing of the symposium on the 30th anniversary of the President’s Commission on Law Enforcement and Administration of Justice, sponsored by the Office of Justice Programs and the Office of Community Oriented Policing Services, U.S. Department of Justice. The address was a synthesis of the symposium proceedings.

24 National Institute of Justice Journal The Commission’s a great deal of State authority and re- Because the Commission’s goal was vision: better criminal duce individual freedom. But the to see that authority was invoked only justice in the context Commission was dead set against that when justified, the operations of the because they thought another impor- criminal justice system had to be re- of a commitment to tant societal goal should be to mini- formed and reshaped. That meant be- social justice mize the use of State authority. The ing willing to take a loss in crime Commission conceptualized the value control effectiveness. They then, I The Crime Commission delivered two question as: How could we reduce think, hoped to replace some of the major messages. The first was an op- crime while preserving freedom? They potentially lost effectiveness through erational theory of what society would understood that the goal of the system greater efficiency in the operations of have to do to produce an effective and was to control crime with justice, not the criminal justice system, through decent criminal justice system. The simply control crime. Freedom and the application of scientific manage- second was a larger idea about what justice also meant a sustained effort to ment, and through more effective co- society would have to do to deal with expunge race and class bias from operation among the various elements crime. The two are not the same. The criminal justice system operations. of the system. Commission judged that the criminal justice system had to be constructed, reformed, and developed in ways that would enable it to deliver justice reli- ably and well. But in their view, this “THE CHALLENGE OF CRIME IN A FREE was not the only requirement for con- SOCIETY”—30 YEARS LATER trolling crime. To meet the “challenge of crime in a free society,” we had to work at producing social justice as well as producing criminal justice. Impelled by the high level of public concern about crime in the 1960s, President Lyndon Baines Johnson ordered the establishment of the Aside from this substantive vision of President’s Commission on Law Enforcement and Administration of the Commission was the managerial or Justice, whose mission was to examine “every facet of crime and law implementation vision of how the pro- enforcement in America.” The results of that examination, which covered cesses and institutions of the criminal the nature and amount of crime and crime trends in America, were justice system needed to be developed. published in 1967 as “The Challenge of Crime in a Free Society.” The These serve either to implement what- Commission’s work laid the foundation for the current Federal role in ever strategy is decided upon, or are a assisting State and local law enforcement and justice administration. The way of developing and adopting a new Justice Department’s Office of Justice Programs evolved from predeces- idea if the old idea turns out to be in- sor organizations created as a result of the Commission. appropriate. I want to first discuss the In a retrospective held in June 1997, prominent criminologists; profes- Commission’s vision of the opera- sionals and practitioners from law enforcement, the courts, and correctional theory of crime control through tions; Federal and State officials; and members of the Commission staff the justice system, and second to dis- convened in a symposium to commemorate the landmark report. They cuss the managerial or process theory assessed the reach of change that has occurred in the intervening years, of what is needed to reform the crimi- focusing on the outcome of the Commission’s recommendations. The nal justice system if not the social jus- symposium, whose theme was “looking backward, looking forward,” was tice system. sponsored by the Office of Justice Programs (OJP), its constituent bu- Controlling crime, preserving lib- reaus, and the Justice Department’s Office of Community Oriented erty, ensuring fairness. The Commis- Policing Services. Participants examined changes in the nature of crime sion understood there were two and the criminal justice system, in the use of research and statistics, and important values to be preserved in in the societal response to crime and the criminal justice system. criminal justice system operations that A publication based on the symposium papers, including the full address might be in opposition to each other. by Mark Moore, who synthesized the proceedings, is now being prepared On the one hand is the goal of control- by OJP. ling crime, which could be achieved, perhaps, if we were willing to expend

December 1997 25 LOOKING BACKWARD TO LOOK FORWARD

James Vorenberg (center) was Executive Director of the Crime Commission from 1965 to 1967. He is now Roscoe Pound Professor of Law at Harvard. John McCausland (left), one of his assistants on the Commission, became an attorney and is now an Episcopal priest, serving parishes in New Hampshire. Sheila Ann Mulvihill, also a member of the Commission Attorney General Janet Reno (right) staff, is now an editor for and Assistant Attorney General the National Academy of (Office of Justice Programs) Laurie Sciences and other Robinson (left) at the symposium. organizations.

Patricia M. Wald, U.S. Circuit Judge for the District of Columbia, presents a retrospective of Federal criminal justice assistance over the past 30 years in her keynote address.

Bruce Terris, Assistant Director of the Crime Commission from 1965 to 1967, now practices public-interest law. Joseph Vining was a member of James Vorenberg’s staff on the Commission and is now Hutchins Professor of Law at the University of Michigan. David Burnham (left), Assistant Director of the Commission in 1965, is now a professor at Syracuse University and codirector of the Transactional Records Access Clearinghouse; Thomas Cahill (right) served on the Commission from 1965 to 1967 and is now retired from the San Francisco Police Department, remaining active as a past president of the International Association of Chiefs of Police. A Gallery of Symposium Participants Photos by Twin Lens Photo

26 National Institute of Justice Journal The complementary role of social Criminal justice and just relation- due process terms when we’re talking justice. In its report, the Commission ships. What we might want to con- about relationships between offenders went on to say that although reform of sider is that the institutions of the and victims who don’t know one an- the criminal justice system could pro- criminal justice system ought to be other. But I would argue that even this duce criminal justice, it would not trying to produce justice, not simply is too abstract and attenuated a view of necessarily control crime. The real crime control within a context of re- these relationships, let alone of rela- solution to the crime problem lay in stricting civil liberties. That would tionships between victims and offend- the creation of social justice. The mean, among other things, paying at- ers who are intimates. We need to be Commission discussed the importance tention to the rights of the defendant, reminded that all offenders—or most of providing education, recreation, and this was the part of justice on of them—come back to the commu- jobs, and strong families for kids as which the Crime Commission focused nity. In other words, our relationship the way of controlling crime. Today, our attention. It would also mean pay- with them will be ongoing. we could go further in thinking about ing attention to the rights—and the social justice, recognizing the needs of interests, and the feelings—of victims. People with the type of passion Weber adults as well as children. That might recommended might recognize this, mean thinking about what to do with But there’s an even more ambitious but it flies in the face of two common adjudicated offenders, and it might vision of justice. The idea of justice fantasies about the criminal justice also mean a special obligation to con- isn’t simply that we balance the system, which I’ll call the Right Fan- centrate on reducing racial disparities defendant’s rights against the victim’s tasy and the Left Fantasy. In the Right and the perception and reality of racial rights in deciding what is a propor- Fantasy, when people commit crime, discrimination. In short, in the Com- tionate sentence. It is, instead, that the we can end our relationship with them mission’s view, it was important to do courts do the work of restructuring either by locking them up and throw- social justice as well as criminal jus- relationships that have come apart. ing away the key or by executing tice not only because social justice is a The purpose of the many specialized them. In the Left Fantasy, when good in itself, but also because it courts—drug courts, family courts, people commit crime, it gives us an would strengthen the performance of juvenile courts, the restorative justice opportunity to supply them with the criminal justice system. processes—is to construct just rela- enough services to turn them into the tionships. The aim is to do so not only person they always wanted to be. In sum, the substantive vision of the among strangers (offenders and vic- Commission was to offer the Nation a tims), but also among more intimate In some sense, both those fantasies are way to deal with its crime problem in groups—husbands and wives, neigh- deeply flawed. The reality is that we a just and fair way that would preserve borhood merchants and the kids who are going to be locked into a long-term liberty and realize the promise of de- victimized them, parents who become relationship with offenders. So we mocracy. In that vision, we had to re- estranged from their kids—to con- might want to ask, “What kind of a pair the criminal justice system and struct a whole set of social relation- relationship do we want to have?” make it operate justly and fairly, but ships that ought to be guided and That is a very different way of asking we also had to repair the social system shaped by justice and mutual responsi- the question, “What are we trying to through a social justice policy that bility and even love. do with criminal justice dispositions?” would create the conditions under We are asking what would be a just which the criminal justice system Government can’t create love, but it relationship for us to have, as well as could be both effective and fair. can create the occasions in which what relationship would achieve some love—or tolerance, or obligation, or practical goals in controlling crime. duty—might be rediscovered. It may A contemporary be that this is the important idea of Partnerships across boundaries. The critique of the Crime justice that we would try to build into Commission held the view that it was important for each institution to get Commission vision a justice system—a “thicker,” more substantial concept of justice than the outside its boundaries and see itself as Although in many respects the Com- guarantee of due process rights of vic- interacting with other institutions in mission’s vision has stood the test of tims and offenders. broader systems. That was an impor- time, from today’s perspective it may tant idea. But the interactions that the perhaps be a too narrow or austere It’s easiest to imagine that the rela- Commission highlighted were those of view of criminal justice. tionship the criminal justice system is the agencies within the criminal jus- trying to construct is best described in tice system. Thus, police had to inter-

December 1997 27 LOOKING BACKWARD TO LOOK FORWARD act with prosecutors, prosecutors had not to recognize the contribution these criminal justice operations, we can to interact with courts, courts had to institutions could make. prevent crime (if not the first, at least interact with correctional institutions, many subsequent crimes) through de- and so forth. To understand this, we need to think terrence, incapacitation, and rehabili- not only of crime as the result of so- tation. We might even prevent an The key relation- cial injustice, but offender’s first offense if general de- ships missing from also of crime con- terrence works. the Commission’s trol as a means to view were those the end of produc- At the other extreme is a social justice with other govern- The Crime Commission defined ing social justice. theory of prevention. It holds that if mental units— Some might object we extended great opportunities to the forms of professionalism child welfare, to this on grounds both children and adults to live profit- parks and recre- we have today and established that we would be ably and well and if we lived up to the ation, the public the basis for the development attempting to ex- promise of equality of opportunity, education sys- ecute social policy fewer people would wish to become tem—and those of talented professionals in by creating new offenders, would choose to become with the communi- the criminal justice field. criminal liability offenders, or would feel motivated to ties that would be and thus a new re- become offenders. So we have crimi- necessary to ani- sponsibility for the nal justice prevention on the one hand mate and give weight and power to an criminal justice system. An example is (reactive, with extensive use of State emerging conception of a justice system the prospect of criminalizing attacks authority) and the social justice theory that wanted to produce “thick” justice of parents against children in the same of prevention on the other (anticipa- rather than the austere sort. way we have criminalized attacks of tory, hopeful, accepting of our men against women in the context of broader responsibilities to society at In working with victims and offend- domestic violence. To criminalize large, holding open the possibility of ers, and particularly with children, we such acts could be perceived as wrong realizing a society we’d all like to be need to foster naturally occurring sys- because it is an inappropriate use of part of). Those are the two ideas of tems of support outside the justice sys- State power or it is an imprudent use prevention presented in the Commis- tem. For example, in criminal justice of State power. But the fact is we do sion report. institutions like drug courts, we need not know whether it would be wrong. to bring in parents, coworkers, and If it were wrong in either respect, then How much space is there between supervisors and engage them in the that might create an opportunity for those different ideas of prevention and process of controlling the behavior of the criminal justice system to support how much of that space have we ex- the offender and helping him or her stay what had previously been considered plored at this stage to find effective off drugs. We are reaching into infor- an important goal of social policy: to crime prevention techniques? By way mal systems of control, support, and produce safe families. In the Commis- of an answer, let me start from the assistance, using the apparatus of the sion report, there was no suggestion Right end, with the “spare” deter- criminal justice system to mobilize and that the criminal justice system as a rence—incapacitation and rehabilita- shape that particular kind of control. whole could support and help further tion—of professional criminal justice the goals of the social justice system agencies. To find another kind of pre- The criminal justice system as a beyond providing a tolerably just and vention, you could take one step over support to social justice. My third effective response to those who had and discover that a great deal of what point about the Crime Commission’s committed offenses. is celebrated as important preventive substantive vision is that it did not in- techniques I would describe as “thick” clude the idea that criminal justice Crime prevention. It is significant, I deterrence. It functions the way men- system operations might support the think, that the first chapter of the tors function. You behave when your construction of conditions that could Crime Commission’s report was about mentor is sitting next to you, partly lead to social justice. Of course, it prevention. But what I think is quite because he or she is sitting next to would be easy to overestimate the ex- interesting is that we have a very you. You may have impulses to break tent to which the institutions of the broad juxtaposition of different sys- loose, but with your mentor next to criminal justice system could do this. tems of prevention. According to the you, you know where your duty lies. But it would also be a mistake, I think, prevention theory associated with

28 National Institute of Justice Journal There’s a concept of support in that crime” approach to prevention. The Weberian approach to passion. And closeness, but there’s also control. one step remaining before I get there yet today in a panel of policymakers, is the concept of prevention most the dominant theme was the impor- Let me explain how “thick” deterrence popular in our symposium discussion: tance of righteous anger, “craziness,” might be applied to handling persistent as an interruption of the trajectories of “the glint in the eye.” The panel sup- minor offenders. They are a very diffi- children headed toward future crimi- ported my belief that it is wrong to cult problem in the criminal justice nal offending. A number of research- imagine effective policymaking as system; their persistence makes it hard ers have demonstrated the possibility devoid of passion, anger, craziness. to ignore the fact that they’re leaving of intervening early in children’s de- Passions are going to be there inevita- behind a string of victims. On the velopment to deflect them from ca- bly, so you might as well understand other hand, their offenses aren’t very reers of criminal offending. that we could use them, not just de- serious, so it doesn’t seem appropriate plore them and try to expunge them. to sever our relationship to them by In sum, the point I wish to make is either life imprisonment or execution. that there is a general concept of pre- What excites people’s passions, I I recall watching James Vorenberg, a vention, widely and enthusiastically think, are their values—the images of member of the Crime Commission embraced for a long time. In order for justice that they’d like to see trans- (who is here today), on television that concept to become operational, lated into action. The anger that comes shortly after publication of the Com- we have to have a much more differ- from indignation, from being badly mission report, talking about this type entiated and clear picture of preven- treated, from the sense of being part of of offender. He said, “There are just tion; more specifically, which notions an unjust system turns out to be enor- some people who need a leash.” That of prevention I’ve talked about are mously useful in mobilizing oneself is the picture of “thick” deterrence: included in the general idea. In the and others to take a particular action. prevention different from probation recent crime control debate, one of the Values associated with conceptions of and also different from incapacitation. sadder aspects is the loss of an argu- justice are important in driving re- ment about crime prevention. A truly forms. As a purely logical matter, one Another idea of prevention, much dis- distinctive aspect of the Clinton cannot decide what to do simply on cussed recently, is “situational crime administration’s approach to crime the basis of fact. You have to have the prevention”: reducing the opportuni- was its willingness to emphasize pre- fact attached to a value. From there ties to commit offenses. Some portion vention of a particular type and to in- the question becomes a political mat- of that idea lies in making less prop- clude it in Federal crime legislation. ter, when we determine what are the erty available to be stolen. But another The constraints subsequently placed values that we care about, in the op- part is trying to reduce the number of on this idea have been disappointing. eration of the criminal justice system occasions in which people will be pro- The argument that the Crime Commis- or in the organization of society. voked into committing crime. Once sion set us up to be able to make was again, we begin thinking about rela- recently lost, and I think we need to In much of its work, the Commission tionships—as potentially criminogenic reclaim some of that terrain. focused on empirical questions of and needing to be fixed as a way to what works. But I think a lot of what block the opportunity for future of- animated enthusiasm for the fending. Those relationships are in Institutions and Commission’s vision of social justice domestic violence, child abuse and processes (and criminal justice) was an idea neglect, crimes committed among about justice and about what society gangs, and even hate crimes. All ac- Some of the Crime Commission’s wanted and expected as justice. The quire their meaning and motivation views of criminal justice processes Commission’s view was based on a through relationships, not through the and institutions might also be altered normative appeal to an ideal. I think acquisition of property. If the courts in our contemporary view. today we have a different normative and other parts of the criminal justice idea of what constitutes justice in this system are in the business of recon- Effective policymaking. In our sym- country than we had earlier. I do not structing relationships, they may be posium discussions, we spent a lot of believe this idea will be rooted out able to reduce these crimes. time talking about effective policy- only by additional facts but by a dif- making. We espoused an idea of ferent argument about values, about Notice what I’m doing is edging over policymaking guided by data and the kind of society we want to be, and to the categories of prevention that knowledge rather than ideology and about the kind of justice we want. eventually reach the “root causes of base passion—guided by a sort of

December 1997 29 LOOKING BACKWARD TO LOOK FORWARD

The central research and develop- professionalization—technically intense and differentiated focus on ment model. I want to say one word competent people, people committed prevention as well as on control. about what I describe as the central to the right values, and people who R&D model. I think for a long time feel authorized to imagine and act in The final legacy of the Crime Com- our picture of the way knowledge en- their particular location to deal with mission, and the one that has made us ters criminal justice decisionmaking/ the problems they see right in front feel the saddest, involves social jus- policymaking was a picture of aca- of them. What we heard in our dis- tice. As I’ve stated, part of the demics working hand in glove with the cussions today is recognition of the Commission’s teaching was the im- Federal Government to develop ideas, decentralization and spread of leader- portance of producing social justice as to test them, and, once they were ship in criminal justice. Leadership well as criminal justice. I think a lot of proven to work, to disseminate them. now comes not just from national the pain we have felt during this sym- A lot of our justice institutions were commissions but also from those in posium comes from our awareness of set up with that kind of understanding, the field in all the Nation’s commu- society’s retreat from its commitment and for a long time I believed in this nities. The authorization to experi- to producing social justice. Part of the model. ment, to do the work, has spread very pain comes from the fact that as soci- widely, and it is due largely to the ety has retreated from this commit- The difficulty is I have never seen it impetus provided by the Commis- ment, criminal justice institutions are work. What I’ve learned in 20 to 30 sion. given more rather than fewer re- years of trying to interact with the sources. Thus, those of us who work world and make what contributions I in the criminal justice system find our can is that I am usually behind the best Building on the lives enriched while the rest of society practitioners. The practitioners who Commission’s work and its other institutions are shrinking. are facing the problems are often do- This violates what we think is true and ing what I haven’t thought of. Often The Commission reminded us of important about how society ought to my job as an academic is to scurry some important values to guide us in be constructed. I am here, energized, around behind them and explain to reforming the criminal justice sys- animated, excited about the prospects everybody else why what they’re do- tem, controlling crime, and recon- of using criminal justice institutions to ing is interesting. structing society. Those values contribute to society, at precisely the included respect for individual rights; same time as the other institutions key The Crime Commission’s contribu- the determination to protect liberty to achieving what we want to achieve tion to leadership. I do believe the and to use State authority sparingly; as a society are being cut back deeply. Crime Commission defined the forms the ambition to ensure that when we of professionalism we have today and use State authority we do so fairly; So I come out of this symposium with established the basis for the develop- and the necessity of acting outside the excitement and enthusiasm that ment of talented professionals in the the criminal justice system to pro- come from working on institutions I criminal justice field. A lot of the duce social justice as well as a cer- care about deeply and that I think are imagination and brains, the glints in tain kind of criminal justice. That socially important and valuable. At the the eye, and the creativity and “crazi- was the course the Commission set same time, I end this meeting with a ness” necessary to find solutions to us on, and it was the right course. profound sense of shame and regret today’s problems are now within the about the failure of society to attend to practice field, not just in academia. Today’s course involves producing the other important teaching of the That is an enormous asset. justice and constructing relationships, Crime Commission report: Without in addition to protecting freedoms. It social justice, ultimately, there can be All of us who benefited from the edu- includes engaging communities and no criminal justice. cational programs created by the Com- government agencies as well as ensur- mission (myself included) grew up ing fairness by operating across the with the legacy of the Commission— criminal justice system. It means us- the spirit of authorization, the pursuit ing the criminal justice system to of justice, the quest for knowledge. strengthen the institutions that supply All of us felt we had the opportunity to social justice as well as using it to imagine and to work out for ourselves control crime. And it means a more what it meant to produce justice. There are at least three concepts of

30 National Institute of Justice Journal RESEARCH PREVIEW Comparing Drug Purchase and Use Patterns in Six Cities A summary of research conducted by K. Jack Riley under the joint auspices of the National Institute of Justice and the Office of National Drug Control Policy

This research study was designed to casting (DUF) program (now known purchases to home and neighborhood, elicit information on practical issues as the Arrestee Drug Abuse Monitor- frequency of purchases, and source of and policy implications of different ing program) and explored additional income for purchases. Usage questions drug market patterns. Information features of drug market participation, focused on the amount and type of derived from the study can help both within and across drug types and narcotics typically used, frequency of policymakers identify factors that af- within and across cities. use and cessation, and polydrug use fect the availability of narcotics by patterns. providing insights on how drug market participation differs and how users Study methods and markets are affected by certain A portrait of drug users conditions. The DUF interview has fewer than 30 questions and is conducted with recent Drug use among white and Hispanic Because the cities selected for the arrestees in 23 cities nationwide. It interviewees was relatively evenly study were chosen for their high provides major demographic and de- distributed across the powder cocaine, heroin prevalence, and because the scriptive data, including age, gender, crack cocaine, heroin, and combina- sample consisted entirely of individu- race or ethnicity, level of education, tion heroin (that is, heroin and powder als who had been arrested, study find- living arrangements, source and or heroin and crack) markets, regard- ings cannot be generalized to other amount of income, marital status, drug less of whether the respondent was cities or to other populations. It is treatment history, and recent criminal held on drug or nondrug charges. highly likely, in fact, that the drug use behavior. A drug test is used to vali- The researchers found that blacks, and procurement patterns of users in date self-reports of recent drug use. whether arrested on drug or nondrug other cities—as well as of users in the The procurement study selected six charges, primarily reported using study cities who have not been ar- DUF sites noted for having a high crack cocaine. rested—are very different from those heroin prevalence: Chicago; Manhat- of the study participants. tan; Portland, Oregon; San Antonio; Crack users generally reported living San Diego; and Washington, D.C. in shelters or on the streets more fre- In 1993 and 1994 (prior to this study) DUF participants who had reported quently than did other drug users. For the Office of National Drug Control using powder, crack, or heroin within example, 12 percent of crack users in Policy (ONDCP) demonstrated that the previous 30 days were eligible for Chicago reported that they had been various features of heroin market ac- the procurement study. Of the 8,981 on the street or in a shelter prior to tivity, including the length of time it individuals who participated in DUF arrest, compared with only 4 percent takes users to locate and purchase the during the study period (from the third of heroin users; none of the powder drug, could be researched through in- quarter of 1995 through the second cocaine users reported street or shelter terviews with drug users and that such quarter of 1996), more than 2,900 living. A substantial percentage of re- interviews could provide policy- were eligible for the procurement spondents, across all drug categories, relevant data. In 1995 ONDCP, in col- study and 2,056 were interviewed. reported that public assistance was laboration with the National Institute their primary form of income. Powder of Justice (NIJ), extended this analysis The procurement interview consisted users were generally more likely to to include two additional drugs—pow- of approximately 100 questions and report that they were employed, either der cocaine and crack cocaine. The collected data on both drug purchase full time or part time. extended analysis, known as the pro- patterns and drug use patterns. The curement study, was executed as an purchase pattern questions addressed addendum to NIJ’s Drug Use Fore- such issues as the proximity of drug

December 1997 31 RESEARCH PREVIEW

Drug purchase patterns Drug use patterns and patterns would be a valuable tool for local law enforcement officials and Crack users reported having more ex- Participants in the procurement study service providers. For example, crack tensive dealer networks than either were highly likely to test positive for cocaine stands out for its significant powder users or heroin users. Further- drugs, indicating that they had used exposure to law enforcement interven- more, both heroin users and powder narcotics in the 72 hours before arrest. tion because of the frequency with users were more likely to report using In all sites, 90 percent of those who which users purchase the drug out- a main source (one dealer from whom said they had used crack in the past 30 doors and rely on extensive networks they usually make their purchases) days tested positive for cocaine, and of dealers. In addition, the study re- than were crack users. more than 75 percent of those who sults suggest that interviewing the ar- said they had used heroin in the past restee population is an appropriate Most crack cocaine and heroin transac- 30 days tested positive for opiates. method for exploring motivations for tions in the cities studied occurred out- Between half and three-quarters of drug use and the consequences of doors, and they were more likely than heroin respondents described them- policy interventions. powder transactions to have taken place selves as daily users; in contrast, be- in the user’s own neighborhood. Pow- tween 10 percent and 40 percent of der purchases were typically made out- powder cocaine respondents said they This analysis was conducted by K. doors with less frequency than either were daily users. The percentage of crack or heroin transactions. Fewer Jack Riley, Ph.D., under the joint crack respondents describing them- auspices of the National Institute than half of the powder purchases oc- selves as daily users consistently fell of Justice and the Office of curred in the user’s own neighborhood. between that of powder and heroin National Drug Control Policy Two cities—Chicago and Washing- respondents, ranging from 32 (ONDCP). Dr. Riley is director of ton—had predominantly outdoor mar- percent (in Chicago) to 53 percent the Arrestee Drug Abuse Monitor- kets; in Washington, for example, the (in Manhattan). ing program at NIJ. ONDCP majority of all three drugs were sold provided the resources to fund the outdoors. The majority of indoor trans- In spite of the daily use reports, a sub- project. Staff of BOTEC Analysis actions took place in residences; pow- stantial number of respondents in all Corporation were instrumental in der cocaine was purchased in business categories reported that they had a 30- designing the interview instrument, conducting training, and cleaning establishments more frequently than day period of abstinence in the 90 and preparing the data. This either heroin or crack. days prior to arrest. In Manhattan, for summary is based on the report example, 31 percent of crack users and Crack, Powder Cocaine, and Many (although not most) of the re- 13 percent of heroin users reported Heroin: Drug Purchase and Use spondents reported that they had been such a period. Many of these people Patterns in Six U.S. Cities, unable to complete a narcotics pur- (27 percent of crack users and 31 per- available in December 1997 from chase at least once in the year prior to cent of heroin users) reported that pe- the National Criminal Justice arrest. The two most common reasons riods of abstinence were part of their Reference Service. Ask for NCJ for failed transactions were inability to regular pattern. Other commonly cited 167265. locate a dealer and the dealer not hav- reasons for nonuse included lack of ing a supply, except in Manhattan. In money, enrollment in treatment Manhattan, 64 percent of crack users, programs, and being “tired of [the Points of view in this document do not 55 percent of heroin users, and 38 per- drug] life.” necessarily represent the official position cent of powder cocaine users reported of the U.S. Department of Justice or the that police activity impeded their drug Office of National Drug Control Policy. transactions. Even so, a large majority Policy implications of users in each city reported having FS 000196 made at least one drug purchase in the The results of the procurement study week prior to their arrest. Powder co- suggest that the markets for powder, caine users reported the fewest num- crack, and heroin differ from one an- ber of transactions in that week, and other significantly in a number of heroin and crack users reported the ways, including purchase and use highest number. practices. The findings indicate that detailed information about drug habits

32 National Institute of Justice Journal EVENTS

Date set for Law enforcement international land technology showcased transportation security at NIJ Summer technology conference Institute

In partnership with the U.S. Depart- The latest advances in technology ment of Transportation, and in coop- available for law enforcement were eration with the Department of State, presented at NIJ’s Summer Institute the National Institute of Justice (NIJ) for Law Enforcement Technology. will sponsor a conference on technolo- The participants, all of whom were gies developed primarily for use by officers involved in promoting the use law enforcement that also can be ap- of technology in their departments, plied to land transportation security represented a cross-section of the An FBI hostage rescue team member against terrorism. The conference will Nation’s police and sheriff’s depart- demonstrates one of the Bureau’s be held in Atlanta, Georgia, April 7–9, ments and other enforcement agencies. assault weapons at NIJ’s Summer 1998. Information can be obtained They came to Washington, D.C., for a Institute for Law Enforcement from conference organizer Jim Scutt week in August 1997 to present what Technology. of Eagan, McAllister and Associates, they felt were the successes (and fail- 703–820–8707, ext. 227. ures) of technologies they have other in resolving problems during adopted and to find out what other law the “Peer Review Problem Solving” enforcement agencies are using and session. Restorative justice— with what success. Representatives final in the series of from NIJ and several Federal agencies, The Summer Institute is the first of regional symposiums including the Federal Bureau of Inves- what NIJ plans as an annual event that tigation (FBI), the Drug Enforcement will foster information exchange Restorative justice is a promising ap- Administration (DEA), and the Bureau among local, county, and State en- proach to criminal justice that takes a of Alcohol, Tobacco and Firearms forcement agencies, as well as feature critical look at the current retributive (ATF), briefed participants on tech- briefings on developments at the Fed- system of justice and proposes to inte- nologies now being developed and eral level. Information may be ob- grate crime victims—whether indi- used at the Federal level. tained from Kevin Jackson, Acting viduals or communities—into the Director of NIJ’s Technology Assis- system and also meet the need for of- Participants’ technology needs were tance Division, which administers the fender accountability. Last year NIJ, fairly consistent from agency to National Law Enforcement and Cor- with other Office of Justice Programs agency: They were interested in ways rections Technology Centers. He can components and the National Institute to stop fleeing vehicles, means to limit be reached at 202–307–2956, or by of Corrections, sponsored a national the effect of bombs, methods for e-mail at [email protected]. symposium in which policymakers developing statewide information- and practitioners explored the topic. A sharing networks, software for docu- series of five followup, regional sym- menting crimes, better systems to Crime mapping— posiums are being held to examine communicate among individual offic- NIJ holds forum for restorative justice in more depth; the ers in vehicles as well as at the depart- exchanging information last will be taking place in Austin, ment level, and ways to facilitate Texas, January 11–13, 1998. In addi- officer training. NIJ’s Office of Sci- Law enforcement officers, crime ana- tion to Texas, the region covered in- ence and Technology has been work- lysts, geographers, researchers, and cludes Alabama, Arkansas, Florida, ing in several of these areas to develop other criminal justice practitioners Georgia, Louisiana, Mississippi, North new technologies or adapt already ex- convened in Denver this fall to share Carolina, South Carolina, Tennessee, isting technologies for law enforce- information about how computerized and Virginia. For more information, ment. One of the most beneficial crime mapping can aid both in con- contact the Institute for Law and Jus- aspects of the Institute was the oppor- trolling crime and in conducting crimi- tice at 703–684–5300. tunity for participants to assist each nological research. The conference,

December 1997 33 EVENTS

sponsored by NIJ’s new Crime Map- NIJ Forensic Science Center Opens Dr. John Hitt, ping Research Center (CMRC), drew President of the approximately 400 participants, who University of Central spent 3 days learning about the best Florida (left), signs mapping practices in law enforcement, papers establishing the use of GIS (Geographic Informa- the Forensic Science tion Systems) in community policing, Center, as Jeremy and how law enforcement agencies Travis, Director of the can work with researchers in using National Institute of crime mapping. Workshops on intro- Justice (center) and ductory and advanced GIS, cartogra- Congressman Bill phy, and spatial and temporal analysis McCollum of Florida of crime patterns were held as learning (right) look on. sessions for participants.

Over the past decade, the criminal jus- Photo courtesy of the tice community has begun to reap the University of Central Florida valuable analytic benefits of GIS technology. This powerful tool enhances A national center for research on forensic matters was recently established with the ability of researchers and practitio- NIJ support. Based at the University of Central Florida in Orlando, the National ners to identify hot spots of criminal Center for Forensic Science (NCFS) was formally introduced to the law enforce- activity and analyze the complex spa- ment community in May 1997. The opening of the new center expands NIJ’s tial patterns of crime and criminal network of technology centers, the National Law Enforcement and Corrections behavior. NIJ established the Crime Technology Center (NLECTC) system. Mapping Research Center in 1996 to promote research, evaluation, Established as a forensic laboratory facility, the Center will initially focus on ar- development, and dissemination of son and explosion research, training support, and technical assistance for law en- GIS technology for criminal justice forcement agencies and laboratory analysts. Other goals include developing applications. guidelines for field investigators and analysts, promoting information exchange (via an Internet web site), and creating facilities such as an instrument develop- A summary of the conference, which ment laboratory, an outdoor test site, and a resource center. The university has NIJ plans to hold annually, is available coordinated with forensic specialists from the FBI and the Bureau of Alcohol, To- online at www.nlectc.org/cmrc. For bacco and Firearms in planning NCFS activities that will complement the ongoing more information about this or other initiatives of these agencies and avoid duplication of effort. Center activities, write to the National Institute of Justice, 810 Seventh Street NCFS can be contacted by mail at the University of Central Florida, P.O. Box N.W., Washington, DC 20531; or send 162367, Orlando, FL 32816; by phone at 407–823–6469; by fax at an e-mail to [email protected]. 407–823–3162; or by e-mail at [email protected]. An electronic listserv, “Crimemap,” is available to those interested in online The “Crack Decade” in ogy and public health as well as discussions about computerized map- perspective policymakers, community leaders, and ping technologies as they are used in representatives of the press. Featured criminal justice activities. To sub- The response to the crack cocaine epi- speakers included eminent researchers scribe, send an e-mail message to demic of the past decade was re- David Musto and Peter Reuter. The [email protected], leave the sub- viewed recently in a conference responses of researchers in criminal ject line blank, and in the body of the sponsored by NIJ and the National justice and public health and of law message type: subscribe crimemap Institute on Drug Abuse. Titled “The enforcement, the community, and the . Crack Decade: Research Perspectives media were reviewed, and future re- and Lessons Learned,” the November search needs were explored in depth. 4–5 conference, held in Baltimore, NIJ plans to publish the proceedings attracted some 100 participants, of the conference. among them researchers in criminol-

34 National Institute of Justice Journal NIJ IN THE JOURNALS

The following articles are based on 1–8, by D.J. Kindlon et al., grant num- 0033, 89–IJ–CX–0007, and 93–IJ– studies sponsored by NIJ. Copies are ber 93–IJ–CX–K005, ACCN 165450. CX–0031, ACCN 165719. This article available on loan from the National The authors interviewed individuals discusses the findings of a study of Criminal Justice Reference Service about their exposure to violence and abused and neglected individuals who (NCJRS); in some cases photocopies subjected their responses to a measure suffered childhood physical and may be obtained. For information on of exposure called the Rasch model. sexual abuse and/or neglect in a met- availability, call NCJRS at 800–851– Findings indicate models such as Rasch ropolitan area of the Midwestern 3420; or send an Internet e-mail to may be applied to other multi-item as- United States. Findings reveal a clear [email protected]. Please cite acces- sessments of social behavior and connection between early childhood sion number. experience. victimization and psychopathy and suggest that the relationship between “Effect of Weather and Temporal “Neighborhoods and Violent Crime: childhood victimization and violence Variations on Calls for Police Ser- A Multilevel Study of Collective Ef- in some individuals may be mediated vice,” American Journal of Police ficacy,” Science 277(August 15, through psychotherapy. 15(1)(1996):23–43, by E.G. Cohn, 1997):1–7, by Robert J. Sampson, grant number 86–IJ–CX–0037, acces- Stephen W. Raudenbush, and Felton “Risk Factors Associated With Re- sion number (ACCN) 165844. This Earls, grant number 93–IJ–CX–K005, cidivism Among Extrafamilial Child article discusses the results of research ACCN 167257. A report from the Molesters,” Journal of Consulting and into short-term variations in police Project on Human Development in Clinical Psychology, 65(1)(1997):141– service calls during 1985, 1987, and Chicago Neighborhoods reveals lower 149, by R.A. Prentky, R.A. Knight, 1988 in Minneapolis, Minnesota, rates of violence in urban neighbor- and A.F.S. Lee, grant numbers 92–IJ– based on weather changes and time hoods characterized by “collective CX–K032 and 94–IJ–CX–0031, of day. Findings indicate that the time efficacy.” The Project is a long-term ACCN 165738. The authors examine of day as well as the day of the week study, sponsored by NIJ, the followup data on more than 100 child or the month were the best indicators MacArthur Foundation, the U.S. De- molesters discharged from the Massa- of the number of calls to the police. partment of Education, and the Na- chusetts Treatment Center between Police service calls increased during tional Institute of Mental Health, that 1960 and 1984 to assess the ability of afternoon and evening hours, on week- is identifying the antecedents to vio- these factors to predict the risk for re- ends, in the spring and summer lence in several thousand children and cidivism. They conclude that juvenile months, and at night. young adults living in 80 Chicago and adult antisocial behavior, para- neighborhoods. The researchers exam- philia, and low amount of contact with “Gang Violence in Chinatown,” by ined mutual trust and willingness to children predicted nonsexual victim- K.-L. Chin, in Gangs in America, 2d intervene in supervising children and involved and violent recidivism. ed. (1996), grant number 89–IJ–CX– maintaining public order (which they 0021, ACCN 165304. This article, term collective efficacy) rather than which reports the findings of a study such traditionally investigated factors Also of interest: of 62 former or active members of as poverty and ethnicity. They found Chinese gangs, examines the extent of that neighborhoods characterized by “Clinical and Actuarial Predictions gang violence in New York City’s these measures of social cohesion of Violence,” by John Monahan, in Chinatown. Findings show that inter- tend to have lower levels of crime, Modern Scientific Evidence: The Law gang violence was the most common although they caution that the recogni- and Science of Expert Testimony, vol. type of violence, with drug use, drug tion that this factor matters does not 1, ed. D. Faigman et al., St. Paul, Min- trafficking, protection rackets, and imply that social inequalities can be nesota: West Publishing Company, community politics appearing to have neglected. 1997:300–318, ACCN 167258. little influence on gang violence in the area studied. “Psychopathy and Violent Behaviour The study investigates the relationship in Abused and Neglected Young between mental disorder and violence. “Measurement of Children’s Expo- Adults,” Criminal Behaviour and The researcher found that whether the sure to Violence: A Rasch Analysis,” Mental Health 6(3)(1996):253–271, measure is the prevalence of violence International Journal of Methods in by B.L. Weiler and C.S. Widom, grant among the disordered or the preva- Psychiatric Research 6(161)(1996): numbers RO1–MH49467, 86–IJ–CX– lence of disorder among the violent,

December 1997 35 NIJ IN THE JOURNALS

and whether the people studied are disorder and violence. However, the over, compared to the magnitude of those selected for treatment as inmates researcher cautions that none of the risk from the combination of male or patients in institutions or people data support sensationalized carica- gender, youth, and substance abuse, randomly chosen from the community, tures of the mentally disordered or the for example, the risk of violence pre- there appears to be a greater-than- shunning of former patients. More- sented by mental disorder is modest. chance relationship between mental Recent NIJ Publications

RECENT NIJ PUBLICATIONS

The following recent and forthcoming The Crime of Stalking: How Big Is the publication presents the findings of NIJ publications are available from Problem? Research Preview, sum- multiagency studies of the effects of NCJRS in both online and hardcopy mary of a presentation by Patricia gang membership on criminal behav- formats. For ordering information, Tjaden, U.S. Department of Justice, ior. Examining four cities, the recall NCJRS at 800–851–3420; or send National Institute of Justice, October searcher found that gang members an e-mail to [email protected]. Elec- 1997, 4 pp., FS 000186. This publica- were considerably more likely to be tronic copies can be downloaded from tion presents the findings of a survey involved in crime, especially violent the Justice Information Center Web on stalking, conducted as part of the and drug-related crime, than at-risk site: http://www.ncjrs.org. National Violence Against Women youths of similar ages who were not Survey, a collaboration between NIJ gang members. Gang membership also Building Knowledge About Crime and and the Centers for Disease Control was associated with greater involve- Justice: Research Prospectus 1998, and Prevention. Stalking was found to ment with guns, including ownership U.S. Department of Justice, National be a bigger problem than previously and use in crimes. A 60-minute VHS Institute of Justice, November 1997, thought, affecting about 1.4 million videotape (NCJ 164725), “Criminal 22 pp., NCJ 167570. NIJ outlines its victims annually. Women are much Behavior of Gang Members,” is also plans for addressing its major long- more likely to be stalked than men, available. range research and development goals and in the majority of incidents the in the year ahead. NIJ-sponsored re- stalker is known to the victim. The Criminal Justice Research Under the search in crime, the criminal justice survey also reveals that although stalk- Crime Act—1995 to 1996, Research system, and science and technology ing usually stopped within 1 to 2 Report, U.S. Department of Justice, for law enforcement engages many of years, victims often faced much longer National Institute of Justice, Septem- the Nation’s top researchers. Projects term consequences, both social and ber 1997, 85 pp., NCJ 166142. This are selected from proposals submitted psychological. A 60-minute VHS vid- report summarizes research and evalu- in response to an “open solicitation” eotape (NCJ 163921), “Stalking in ation sponsored by the National Insti- for investigator-initiated research and America: Findings From the National tute of Justice under the Crime Act in to several requests for proposals on Violence Against Women Survey,” is its first 2 years. Areas of focus are specific topics, issued throughout the also available. community policing, sentencing and year. NIJ sponsors basic research, corrections (including boot camps), demonstration programs, technology Criminal Behavior of Gang Members violence against women, and drug development, and identification of in- and At-Risk Youths, Research Pre- courts. novative programs and effective pub- view, summary of a presentation by C. lic policy. Also described is NIJ’s Ronald Huff, U.S. Department of Jus- Drugs, Alcohol, and Domestic Vio- program of dissemination to the field. tice, National Institute of Justice, lence in Memphis, Research Preview, January 1998, 4 pp., FS 000190. This summary of a presentation by Daniel

36 National Institute of Justice Journal RECENT NIJ PUBLICATIONS

Brookoff, U.S. Department of Justice, to them. Interviews with law enforce- continuation of the program and dem- National Institute of Justice, October ment officials revealed that immi- onstrate that trained law enforcement 1997, 4 pp., FS 000172. The re- grants reported crimes less frequently personnel can serve as prevention searcher studied the prevalence of and than other victims, with domestic vio- agents in addition to being enforcers contributing factors to domestic violence the most underreported crime. of the law. lence in Memphis. Among the find- Officials also believe that immigrants ings were that almost all assailants had face greater hardships than other vic- The NIJ Publications Catalog, 1996– used drugs or alcohol the day of the tims when reporting crime or attend- 1997, U.S. Department of Justice, Na- assault, two-thirds of assailants were ing court, primarily because of tional Institute of Justice, November on probation or parole at the time of language barriers and cultural differ- 1997, 64 pp., NCJ 166144. The Cata- the assault, and a majority of battering ences; interviews with immigrants log lists publications and videotapes incidents involved the assailant’s use interviewed confirmed these findings. produced by the National Institute of or display of a weapon. A 60-minute Justice between January 1996 and VHS videotape (NCJ 163056), “Drug Measuring What Matters: Part Two: June 1997, organized alphabetically Use and Domestic Violence,” is also Developing Measures of What the by subject. For each publication, the available. Police Do, Research in Action, by title, author, number of pages, identifi- Thomas V. Brady, U.S. Department cation number for ordering, availabil- Homicide in Eight U.S. Cities: Trends, of Justice, National Institute of Jus- ity information, and a brief description Context, and Policy Implications, tice, November 1997, 16 pp., NCJ are included. Most items are free, and Research Report, by Pamela K. 167255. “Measuring What Matters” many can be obtained electronically. Lattimore et al., U.S. Department of was a series of discussions, sponsored Justice, National Institute of Justice, by NIJ and the Office of Community NIJ Publications Catalog: Sixth Edi- December 1997, 150 pp., NCJ Oriented Policing Services’ Policing tion, 1986–1996, U.S. Department of 167262. This report from the intramu- Research Institute, in which police Justice, National Institute of Justice, ral research program of the National chiefs, researchers, and leaders of November 1997, 32 pp., NCJ 167244. Institute of Justice presents an analysis community organizations explored The Catalog lists all publications and of homicide patterns in eight cities, the development of police effective- videotapes produced by NIJ between some with increasing and others with ness measures. Among the issues dis- January 1986 and December 1996. decreasing homicide rates, examining cussed were the feasibility of Titles are listed alphabetically by sub- the extent to which various factors constructing an index for minor ject; each listing includes title, author, (such as demographic trends and eco- crimes (disorders) similar to that of number of pages, ordering number, nomic conditions) are associated with the FBI’s Uniform Crime Reports, the and print and electronic availability. the homicide trends. A summary of attributes of a “healthy” police orga- Most items are free. the full report has also been published: nization, and ways to measure police The Orange County, Florida, Jail A Study of Homicide in Eight U.S. corruption. In preparation at NIJ is a Education and Vocational Program, Cities: An NIJ Intramural Research volume of the papers presented dur- Program Focus, by Peter Finn, U.S. Project, Research in Brief, by Pamela ing the three Policing Research Insti- Department of Justice, National Insti- K. Lattimore et al., U.S. Department tute sessions. of Justice, National Institute of Justice, tute of Justice, December 1997, 50 December 1997, 12 pp., NCJ 167263. National Evaluation of G.R.E.A.T., pp., NCJ 166820. The unusually inten- Research in Brief, by Finn-Aage sive educational and vocational pro- Immigrant Populations as Victims, Esbensen and D. Wayne Osgood, U.S. gram operated for jail inmates by the Research in Brief, by Robert C. Davis Department of Justice, National Insti- Orange County, Florida, Corrections and Edna Erez, U.S. Department of tute of Justice, December 1997, 8 pp., Division includes multiple program Justice, National Institute of Justice, NCJ 167264. This report presents components, among them adult basic January 1998, 8 pp., NCJ 167571. early findings from a comprehensive education, GED preparation, job train- This report presents the findings of a evaluation of the Gang Resistance ing, and substance abuse education. study of the problems recent immi- Education and Training (G.R.E.A.T.) Combined with direct supervision and grants encounter as “consumers” of program, a national gang prevention behavioral incentives, the program has criminal justice services and ways to effort aimed at middle school stu- reduced staffing needs, construction improve the criminal justice response dents. Preliminary results support costs, and violent incidents while increasing inmates’ educational levels

December 1997 37 RECENT NIJ PUBLICATIONS

and job readiness. There is also evi- they were drafted to apply only to the of Justice, National Institute of Justice, dence the program has reduced most violent repeat offenders. November 1997, 12 pp., NCJ 166372. reoffending. In a report from the intramural Violence Among Middle School and research program of the National Policing in Emerging Democracies— High School Students: Analysis and Institute of Justice, the lower-than- Workshop Papers and Highlights, Re- Implications for Prevention, Research expected crime rates for the subway search Report, U.S. Department of in Brief, by Daniel Lockwood, U.S. system (Metro) of Washington, D.C., Justice, National Institute of Justice, Department of Justice, National Insti- are explained by design, management, and U.S. Department of State, Bureau tute of Justice, October 1997, 12 pp., and maintenance characteristics that of International Narcotics and Law NCJ 166363. The study analyzes vio- incorporate principles of situational Enforcement Affairs, October 1997, lent incidents among young people, crime prevention and Crime Preven- 120 pp., NCJ 167024. The publication with a focus on the pattern of events, tion Through Environmental Design presents the papers and other ad- “opening moves,” relationships among (CPTED). dresses delivered at a workshop on antagonists, and goals and justifica- policing in emerging democracies held tions. The analysis can be used to December 14–15, 1995, in Washing- indicate areas for intervention and ton, D.C. prevention.

Rise of Hallucinogen Use, Research in Visibility and Vigilance: Metro’s Situ- Brief, by Dana Hunt, U.S. Department ational Approach to Preventing Sub- of Justice, National Institute of Justice, way Crime, Research in Brief, by October 1997, 12 pp., NCJ 166607. Nancy G. La Vigne, U.S. Department This study analyzing hallucinogenic drug use points to evidence of these drugs’ popularity among nonminority high school and college students. Al- though the rising use of hallucinogenic NEW LIST OF CURRENT NIJ RESEARCH PROJECTS drugs is not associated with severe threats to law enforcement, there are public health problems posed by users who drive while under their influence. All the current research, evaluation, and program development projects sponsored by NIJ constitute the agency’s “research portfolio.” This publi- “Three Strikes and You’re Out”: A cation, available online and in hard copy, includes grants and con- Review of State Legislation, Research tracts, interagency agreements, fellowships, and research conducted in Brief, by John Clark, James Austin, intramurally by NIJ staff. and D. Alan Henry, U.S. Department 1997 NIJ Research Portfolio, Research in Brief, U.S. Department of Justice, National Institute of Justice, of Justice, National Institute of Justice, November 1997, 40 pp., NCJ September 1997, 16 pp., NCJ 165369. 166374. The Portfolio presents all ongoing research, evaluation, and In this study, the effectiveness of the program development projects sponsored by the Institute through June “three strikes” laws in California and 30, 1997. Each project listed is part of NIJ’s overall strategic plan to Washington State is evaluated and the respond to the Nation’s critical criminal justice concerns. differences among new three-strikes The Portfolio is organized into four main topic areas reflecting the laws enacted in 24 States are exam- breadth of concerns of the Institute and the researcher and practitioner ined. The researchers also compare the communities: criminal behavior, crime control and prevention, the crimi- new laws to the States’ preexisting nal justice system, and technology research and development. provisions on repeat offender sentenc- Researchers and others will find the Portfolio useful as a guide to NIJ’s ing. Early evidence shows that, with research priorities. The Institute’s approach to research is described in the exception of California’s law, the NIJ Prospectus. An “open” solicitation invites investigator-initiated most will have minimal impact on proposals in broadly defined areas. The Institute also issues separate, those States’ prison systems because focused solicitations for research on specific issues and programs.

38 National Institute of Justice Journal FINAL REPORTS

The following final reports—in manu- mula Grants to Combat Violence “Drug Court Planning and Implemen- script form as submitted by authors— Against Women,” by M.R. Burt et al., tation: Selected Operational Materi- pertain to completed NIJ-sponsored ACCN 166312, 1997, 93 pp., grant als,” American University School of research projects. The reports are number 95–WT–NX–0005. Justice, College of Public Affairs, available from NCJRS through interli- ACCN 165499, 1995, 276 pp., grant brary loan and as photocopies. For “Coordinated Community Responses number 95–DC–MX–K002. information about fees, call NCJRS at to Domestic Violence in Six Commu- 800–851–3420. nities: Beyond the Justice System,” “Pepper Spray Evaluation Project: Re- Final Report and Summary, by S.J. sults of the Introduction of Oleoresin “DNA Legal Training and Technical Clark, M.R. Burt, M.M. Schulte, and Capsicum (OC) into the Baltimore Assistance Unit,” by Christopher K. Maguire, ACCN 166055, 1996, County, MD, Police Department,” In- Asplin and Renee Kostick, American 168 pp., and ACCN 166056, 1996, 21 ternational Association of Chiefs of Prosecutors Research Institute, ACCN pp., grant numbers 95–IJ–CX–A037 Police, ACCN 164118, 1995, 100 pp., 167259, 1997, 8 pp., grant number and HHS–100–95–0021. grant number 92–IJ–CX–K026. 95–IJ–CX–0002. “Day Reporting Centers as an Inter- “Efforts by Child Welfare Agencies to mediate Sanction: Evaluation of Pro- Feature Report Address Domestic Violence: The Ex- grams Operated by the ATTIC periences of Five Communities,” by Correctional Services,” by A. Automated Booking in Federal L.Y. Aron and K.K. Olson, ACCN Craddock and L.A. Graham, ACCN Law Enforcement 166054, 1997, 158 pp., grant number 165726, 1996, 169 pp., grant number “Evaluation of JABS: Joint Auto- 95–IJ–CX–A037. 93–IJ–CX–4048. mated Booking System Program,” by “The Evaluation of Forensic DNA “Police Officer Orientation and Resis- PRC Inc., Reston, Virginia, ACCN Evidence,” by the National Research tance to Implementation of Commu- 167884, November 1996, grant num- Council, ACCN 166538, 1997, 244 nity Policing,” by P. McCold and B. ber 95–IJ–CX–0040. pp., grant number 93–IJ–CX–0008. Wachtel, ACCN 165617, 1996, 26 Booking offenders into the Federal pp., grant number 95–IJ–CX–0042. “Police Response to Gangs: Case criminal justice system promises to Studies of Five Cities,” by D.L. “Boot Camps, Work Camps, and become more efficient thanks to a Weisel and E. Painter, ACCN 165614, Community Needs: A Restorative Jus- new, automated system for collecting, 1997, 96 pp., grant number 90–IJ– tice Perspective on Correctional Ob- storing, and retrieving information CX–K008. jectives,” by G. Bazemore and T.J. essential to investigators and prosecu- Quinn, ACCN 165603, 1996, 14 pp., tors. A recently conducted NIJ evalua- “Project on Human Development in grant number 95–IJ–CX–0016. tion of a pilot program in south Chicago Neighborhoods,” by F.J. Florida determined that the system is Earls and S.L. Buka, ACCN 163495, “How Are Adult Felony Sex Offend- fast and easy to use, produces high- 1997, 118 pp., grant number 93–IJ– ers Managed on Probation and Parole? quality information and, because it CX–K005. A National Survey,” by K. English et creates a single electronic record, in- al., ACCN 163388, 1996, 124 pp., creases accessibility and eliminates “Research in Action Partnerships: grant number 92–IJ–CX–K021. duplication. Outreach and Application of Research Findings; Dissemination of Family “Statutory and Constitutional Protec- With the Joint Automated Booking Violence Research to Justice System tion of Victims’ Rights: Implementa- System (JABS), users enter booking Practitioners,” American Bar Associa- tion and Impact on Crime Victims,” information, which can then be re- tion Center on Children and the Law, Final Report and Executive Summary, trieved electronically. The information ACCN 165203, 1997, 62 pp., grant National Victim Center, ACCN includes personal data about the of- number 96–IJ–CX–K002. 166461, 1996, 200 pp., and ACCN fender, mugshots and fingerprints 166460, 1996, 6 pp., grant number (which are digitized), and other evi- “Violence Against Women Act of 93–IJ–CX–K003. dence. A key component of JABS is 1994: Evaluation of the STOP For- its information-sharing capability: Once entered, the data can be sent to

December 1997 39 FINAL REPORTS

other Department of Justice law en- complete bookings: On average, a provement, however, and the evalua- forcement agencies. practitioner using JABS can complete tors offered recommendations to pur- the booking data entry in about 15 sue them. For example, the prospect of In an NIJ-sponsored evaluation con- minutes, compared to about 25 min- JABS becoming a national system de- ducted by PRC Inc., researchers exam- utes without JABS. The data JABS pends on defining operational and ined the effectiveness of the system as produces are high-quality: The practi- technical requirements, developing used by south Florida-based agents of tioners who used the system said it system architecture and standards, and the Bureau of Prisons, DEA, FBI, Im- generates better photographs, finger- methods for ensuring maintenance, migration and Naturalization Service, prints, and better recorded personal security, and support. The researchers and U.S. Marshals Service. The key data on offenders. also suggest that if the south Florida question, whether JABS represents an JABS “laboratory” were further devel- improvement over manually perform- JABS not only offers these benefits oped, it could become the pattern for ing these booking tasks, was answered but also raises the possibility of ex- expanding the system nationwide, and in the affirmative. JABS was found to panding or incorporating this method in user training the focus could shift be easy to use: More than two-thirds of data collection and exchange into to the use of JABS as an investigative of those who used the system said they current and future national law en- tool in addition to a data collection were able to do so without seeking forcement systems. The system does tool. help. JABS reduces the time it takes to present some opportunities for im- SOLICITATIONS

NIJ solicitations for Investigator-initiated Requests for VAWA research research—solicitation research to come forthcoming All current solicitations for research Solicitations for research on violence and evaluation can be obtained In its “open solicitation” for research, against women will be issued by NIJ electronically from the Justice Infor- NIJ invites prospective applicants to in the near future. Several specific mation Center at www.ncjrs.org/ submit proposals for research in any solicitations will request proposals fedgrant.htm#nij or in hardcopy topic relevant to State or local crimi- for research in areas such as domestic format from the U.S. Department nal justice policy or practice. The next violence and arrest policies. To re- of Justice Response Center at solicitation for investigator-initiated ceive copies of the solicitations, 800–421–6770 (in the Washington, research will be issued early in 1998. call the National Criminal Justice D.C., area at 202–307–1480). Appli- Typically, the grants range from Reference Center at 800–851–3420; cation forms and guidelines for sub- $25,000 to $300,000 and last for 1 to 2 write to NCJRS at P.O. Box 6000, mitting proposals are also available. years. Proposals are accepted twice Rockville, MD 20849–6000; or yearly; due dates will be noted in the e-mail [email protected] and ask forthcoming solicitation. Researchers that your name be added to the Family may wish to review the current open Violence and Violence Against solicitation, which is available from Women mailing list (#428). the above sources.

40 National Institute of Justice Journal NEW & NOTEWORTHY

NIJ’s “Perspectives” Arrestee Drug Abuse lations will enhance the ability to track dates set Monitoring (ADAM) the development and movement of new program drug epidemics. In NIJ’s lecture series, “Perspectives on Crime and Justice,” the country’s Since its founding in 1987, NIJ’s Drug NIJ is also working to develop inter- foremost criminologists are invited to Use Forecasting (DUF) program has national ADAM sites. These sites examine major crime and justice is- generated data that have played an would provide important baseline in- sues through the lens of public policy. important role in constructing the na- formation on world substance abuse The schedule for the second year of tional picture of drug abuse. In major patterns and serve as a foundation for the series, which begins in December urban areas nationwide, DUF tests conducting international comparative 1997, is as follows: booked arrestees for recent drug use, research on criminal justice and sub- with the results made available to stance abuse topics. This component • George Kelling, “Crime Control, the State and local policymakers and the of ADAM will include technical assis- Police, and the Cultural Wars: Bro- data used by researchers to study the tance from NIJ to countries that par- ken Windows and Cultural Plural- drugs-crime nexus. ticipate in the international effort. ism,” December 2, 1997. The role of DUF as a “research plat- • Randall Kennedy, “Race, the Police, form” to explore the relationship of Interagency approach and ‘Reasonable Suspicion,’ ” Feb- drugs and crime has grown over the planned for research on ruary 3, 1998. years. Researchers have used DUF violence against • David Musto, “The American Expe- data to inquire into arrestee gun use, women rience with Stimulants and Opiates,” drug markets, and factors such as gen- Collaboration on a long-term, 5-year March 3, 1998. der and race as they relate to drug use. DUF’s utility as a research platform research strategy on violence against • Joan Petersilia, “If Not Prison, was one rationale for its transforma- women is being proposed by NIJ and What? Assessing Alternative Pun- tion in 1997 to the Arrestee Drug the National Center for Injury Preven- ishments,” April 1, 1998. Abuse Monitoring (ADAM) program. tion and Control (NCIPC). The goal is to achieve a coordinated interagency • Philip Cook, “The Epidemic of ADAM will build on DUF’s success by and interdisciplinary approach to the Youth Gun Violence,” May 5, 1998. incorporating new elements intended to research. significantly strengthen the value of the The collected lectures from the series’ data. Data collection and sampling The genesis of the planned collabora- first year have been published as: Per- methodology will be redesigned to pro- tion was the 1994 Crime Act. As a spectives on Crime and Justice: 1996– vide policymakers and practitioners result of congressional and administra- 1997 Lecture Series, Research Report, with a rigorous basis from which to tion concern about violence against U.S. Department of Justice, National assess local drug-use trends and pat- women, the Violence Against Women Institute of Justice, November 1997. terns and evaluate policy. ADAM will Act (VAWA) was included as a major This volume contains the papers pre- expand from the current 23 sites to 75, part of the omnibus legislation. One sented by James Q. Wilson, Peter and NIJ plans to develop local coordi- VAWA component was a mandate Reuter, Mark H. Moore, Cathy Spatz nating councils to generate site-based from Congress to meet the need for Widom, and Norval Morris. Copies research projects and to assume a empirical data by developing a sys- are available from the National Crimi- prominent role in disseminating the tematic agenda for research on vio- nal Justice Reference Service (order sites’ findings. Plans also include an lence against women. NCJ 166609). The 1997–1998 lecture outreach program to collect data on series will also be published. drug abuse from specific populations The research agenda was developed such as those in suburban, rural, and by the National Academy of Sciences Native American jurisdictions. Collect- with funding from NIJ and the Centers ing data on drug use in outreach popu- for Disease Control and Prevention (CDC).1 NIJ and NCIPC (a CDC

December 1997 41 NEW & NOTEWORTHY

agency) plan to work together to coor- proper training and technical support, Science: Case Studies in the Use of dinate the approach to the issues and in August 1997 Attorney General Ja- DNA Evidence to Establish Innocence priorities identified in the agenda and net Reno authorized establishment of a After Trial (NCJ 161258), which to serve as liaison to other interested national commission to make recom- documented several cases in which Federal agencies. The proposed part- mendations about the proper handling individuals who had been imprisoned nership will link the criminal justice of DNA evidence in criminal cases. later successfully challenged their con- and public health approaches at the The commission will consider how victions using DNA evidence. Federal level while avoiding duplica- recent advances in DNA research af- tion of effort that might occur if the fect the operations of the entire crimi- Commission members will be drawn agencies acted on their own. nal justice system, from crime scene from a broad spectrum of policy- through trial. Although the forensic makers, criminal justice professionals, The proposed research would cover use of DNA technology increasingly and experts in the use of DNA foren- measuring the extent of violence offers prosecutors an important new sic evidence. The commission will against women, why it occurs, and tool to identify criminals, there remain present its recommendations to the how to prevent it. Funding for the first challenges for the scientific and justice Director of the National Institute of year of the program has been approved communities. For instance, in some Justice within 2 years. for fiscal year 1998. cases, evidence may be improperly collected or preserved; attorneys may Note National commission be ill equipped to effectively question expert witnesses; judges may be un- will make recom- 1. The research agenda was published certain about making rulings on the as Understanding Violence Against mendations on use of admissibility of DNA evidence in Women, ed. Nancy A. Crowell and DNA evidence court. Ann W. Burgess, Washington, D.C.: Responding to the extraordinary ad- The commission’s creation can be National Academy Press, 1996. It is vances in DNA technology over the traced to a recent study commissioned available from the National Academy past 10 years that have left many by the National Institute of Justice, Press at 2101 Constitution Avenue criminal justice professionals without Convicted by Juries, Exonerated by N.W., Washington, DC 20055. Phone 800–624–6242.

Online Resource of Violence Prevention Programs Information about strategies that communities use nationwide to prevent violence is available on the World Wide Web. The Partnerships Against Vio- New NIJ Location lence Network (PAVNET) presents descriptions of programs in the areas of youth violence, substance 810 Seventh Street N.W. abuse, and victim assistance, along with the names Washington, DC 20531 of program representatives and information about funding. More than 1,000 entries are listed and are (overnight courier zip 20001) regularly updated. A list of technical assistance pro- All NIJ phone numbers remain the same. viders and funding sources is also included, as are online links to other violence prevention resources. PAVNET may be accessed at http://www.pavnet.org.

42 National Institute of Justice Journal Stay on the Cutting Edge of Criminal Justice Research Visit NIJ’s NEW Web Site!

For the latest information on NIJ research, programs, and grant opportunities, visit: www.ojp.usdoj.gov/nij/

December 1997 43 SELECTED NIJ PUBLICATIONS

Selected NIJ Publications About Policing, Drugs and Drug Testing, and DNA

Listed below are some NIJ publica- Gaffigan, Stephen J., and Phyllis P. Golub, Andrew Lang, and Bruce D. tions related to issues of policing, McDonald, Police Integrity: Public Johnson, Crack’s Decline: Some Sur- drugs and drug testing, and DNA. Service With Honor, Research Report, prises Across U.S. Cities, Research in These products are free, except as in- a joint publication of the National In- Brief, 1997, NCJ 165707. dicated, and can be obtained from the stitute of Justice and the Office of National Criminal Justice Reference Community Oriented Policing Ser- Hunt, Dana, Rise of Hallucinogen Service: telephone 800–851–3420; vices, 1997, NCJ 163811. Use, Research in Brief, 1997, NCJ e-mail [email protected]; or write 166607. NCJRS, Box 6000, Rockville, MD Mastrofski, Stephen D., et al., Law Mieczkowski, Tom, Hair Assays and 20849–6000. Enforcement in a Time of Community Policing, Research Preview, 1996, FS Urinalysis Results For Juvenile Drug These documents can be downloaded 000149. Offenders, Research Preview, 1997, from the Justice Information Center FS 000171. World Wide Web site at http:// Sadd, Susan, and Randolph M. Grinc, 1996 Drug Use Forecasting, Annual www.ncjrs.org, and are also acces- Implementation Challenges in Com- Report on Adult and Juvenile sible from the NIJ Web site at http:// munity Policing: Innovative Neighbor- Arrestees, Research Report, 1997, www.ojp.usdoj.gov/nij/. hood-Oriented Policing in Eight Cities, Research in Brief, 1996, NCJ NCJ 165691. Please note that when free publications 157932. Rhodes, William, and Michael Gross, are out of stock, they are available as Case Management Reduces Drug Use photocopies or through interlibrary loan. Skogan, Wesley, Community Policing in Chicago: Fact or Fiction?, VHS and Criminality Among Drug-Involved videotape, 1995, NCJ 153273, U.S. Arrestees: An Experimental Study of Policing $19, Canada and other foreign coun- an HIV Prevention Intervention, Re- tries $24. search Report, a joint publication of Brady, Thomas V., Measuring What the National Institute of Justice and Matters: Part One: Measures of the National Institute on Drug Abuse, Crime, Fear, and Disorder, Research Drugs and Drug Testing 1997, NCJ 155281. in Action, a joint publication of the National Institute of Justice and the Brookoff, Daniel, Drug Use and Do- Rhodes, William, Raymond Hyatt, and Office of Community Oriented Polic- mestic Violence, VHS videotape, Paul Scheiman, Predicting Pretrial ing Services, 1996, NCJ 162205. 1997, NCJ 163056, U.S. $19, Canada Misconduct with Drug Tests of and other foreign countries $24. Arrestees: Evidence From Six Sites, Communities: Mobilizing Against Research in Brief, 1996, NCJ 157108. Crime, Making Partnerships Work, Brookoff, Daniel, Drugs, Alcohol, and National Institute of Justice Journal Domestic Violence in Memphis, Re- 231, August 1996. search Preview, 1997, FS 000172. DNA

Finn, Peter, and Julie Esselman Tomz, Feucht, Thomas E., and Gabrielle M. Connors, Edward, Thomas Lundregan, Developing a Law Enforcement Stress Kyle, Methamphetamine Use Among Neal Miller, and Tom McEwen, Con- Program for Officers and Their Fami- Adult Arrestees: Findings From the victed by Juries, Exonerated by Sci- lies, Issues and Practices, 1996, NCJ Drug Use Forecasting (DUF) Pro- ence: Case Studies in the Use of DNA 163175. gram, Research in Brief, 1996, NCJ Evidence to Establish Innocence After 161842. Trial, Research Report, 1996, NCJ Fleissner, Dan, and Fred 161258. Heinzelmann, Ph.D., Crime Preven- Golub, Andrew, Crack’s Decline: tion Through Environmental Design Some Surprises Across U.S. Cities, Hammond, Holly A., and C. Thomas and Community Policing, Research in VHS videotape, 1996, NCJ 164262, Caskey, Automated DNA Typing: Action, 1996, NCJ 157308. U.S. $19, Canada and other foreign Method of the Future?, Research Pre- countries $24. view, 1997, FS 000163.

44 National Institute of Justice Journal U.S. Department of Justice Office of Justice Programs 810 Seventh Street N.W. Washington, DC 20531

Janet Reno Attorney General U.S. Department of Justice

Raymond C. Fisher Associate Attorney General

Laurie Robinson Assistant Attorney General

Jeremy Travis Director, National Institute of Justice

Justice Information Center World Wide Web Site http://www.ncjrs.org

National Institute of Justice World Wide Web Site http://www.ojp.usdoj.gov/nij/