Improving Recidivism As a Performance Measure Ryan King Brian Elderbroom Washington State Offender Accountability Act of 1999
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249 Subpart C—Director, Secretary of the Navy Council of Review Boards and President Naval Discharge Review Board; Re- Sponsib
Department of the Navy, DoD § 724.302 § 724.223 NDRB support and aug- can presume the truth of such facts, mentation by regular and reserve unless there is a substantial credible activities. evidence to rebut this presumption; or (a) When an NDRB Panel travels for (2) If the discharge in lieu of court- the purpose of conducting hearings, it martial only required a valid preferral, shall normally select Navy or Marine the NDRB may presume that the signer Corps installations in the area visited either had personal knowledge of, or as review sites. had investigated the matters set forth, (b) The NDRB Traveling Board shall and that the charges were true in fact normally consist of members from the to the best of the signer’s knowledge NCPB and augmentees from regular and belief. 1 The weight to be given this and reserve Navy and Marine Corps presumption in determining whether sources, as required. the facts stated in the charge sheet are (c) Navy and Marine Corps activities true is a matter to be determined by in the geographical vicinity of selected the NDRB. To the extent that the dis- review sites shall provide administra- charge proceeding reflects an official tive support and augmentation to an determination that the facts stated in NDRB Panel during its visit where the charge sheet are true; that the ap- such assistance can be undertaken plicant/accused admitted the facts without interference with mission ac- stated in the charge sheet; or that the complishment. The NDRB shall coordi- applicant/accused admitted guilt of the nate requests for augmentees and ad- offense(s), then the presumption is ministrative support through Com- strengthened. -
Prison Abolition and Grounded Justice
Georgetown University Law Center Scholarship @ GEORGETOWN LAW 2015 Prison Abolition and Grounded Justice Allegra M. McLeod Georgetown University Law Center, [email protected] This paper can be downloaded free of charge from: https://scholarship.law.georgetown.edu/facpub/1490 http://ssrn.com/abstract=2625217 62 UCLA L. Rev. 1156-1239 (2015) This open-access article is brought to you by the Georgetown Law Library. Posted with permission of the author. Follow this and additional works at: https://scholarship.law.georgetown.edu/facpub Part of the Criminal Law Commons, Criminal Procedure Commons, Criminology Commons, and the Social Control, Law, Crime, and Deviance Commons Prison Abolition and Grounded Justice Allegra M. McLeod EVIEW R ABSTRACT This Article introduces to legal scholarship the first sustained discussion of prison LA LAW LA LAW C abolition and what I will call a “prison abolitionist ethic.” Prisons and punitive policing U produce tremendous brutality, violence, racial stratification, ideological rigidity, despair, and waste. Meanwhile, incarceration and prison-backed policing neither redress nor repair the very sorts of harms they are supposed to address—interpersonal violence, addiction, mental illness, and sexual abuse, among others. Yet despite persistent and increasing recognition of the deep problems that attend U.S. incarceration and prison- backed policing, criminal law scholarship has largely failed to consider how the goals of criminal law—principally deterrence, incapacitation, rehabilitation, and retributive justice—might be pursued by means entirely apart from criminal law enforcement. Abandoning prison-backed punishment and punitive policing remains generally unfathomable. This Article argues that the general reluctance to engage seriously an abolitionist framework represents a failure of moral, legal, and political imagination. -
Recidivism Among Federal Violent Offenders
Recidivism Among Federal Violent Offenders UNITED STATES SENTENCING COMMISSION United States Sentencing Commission One Columbus Circle, N.E. Washington, DC 20002 www.ussc.gov William H. Pryor Jr. Acting Chair Rachel E. Barkow Commissioner Charles R. Breyer Commissioner Danny C. Reeves Commissioner Patricia K. Cushwa Ex Officio David Rybicki Ex Officio Kenneth P. Cohen Staff Director Glenn R. Schmitt Director Office of Research and Data January 2019 Kim Steven Hunt, Ph.D., Senior Research Associate Matthew J. Iaconetti, J.D., M.A., Assistant General Counsel Kevin T. Maass, M.A., Research Associate TABLE OF CONTENTS Chapter One Chapter Two Chapter Three Chapter Four VIOLENT AND VIOLENT VIOLENT EXECUTIVE SUMMARY NON-VIOLENT OFFENDERS INSTANT OFFENDERS PRIOR OFFENDERS Introduction.........................................2 Offender and Offense Offender and Offense Offender and Offense Characteristics....................................8 Characteristics..................................18 Characteristics..................................30 Key Findings........................................3 Recidivism Findings...........................11 Recidivism Findings...........................21 Recidivism Findings...........................33 Measures of Recidivism and Methodology......................................4 Robbery Offenders............................27 i Chapter One Chapter Two Chapter Three Chapter Four Chapter Five APPENDICES VIOLENT AND VIOLENT VIOLENT EXECUTIVE SUMMARY NON-VIOLENT OFFENDERS INSTANT OFFENDERS PRIOR OFFENDERS CONCLUSION -
Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders
Introductory Handbook on The Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES Cover photo: © Rafael Olivares, Dirección General de Centros Penales de El Salvador. UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders CRIMINAL JUSTICE HANDBOOK SERIES UNITED NATIONS Vienna, 2018 © United Nations, December 2018. All rights reserved. The designations employed and the presentation of material in this publication do not imply the expression of any opinion whatsoever on the part of the Secretariat of the United Nations concerning the legal status of any country, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Publishing production: English, Publishing and Library Section, United Nations Office at Vienna. Preface The first version of the Introductory Handbook on the Prevention of Recidivism and the Social Reintegration of Offenders, published in 2012, was prepared for the United Nations Office on Drugs and Crime (UNODC) by Vivienne Chin, Associate of the International Centre for Criminal Law Reform and Criminal Justice Policy, Canada, and Yvon Dandurand, crimi- nologist at the University of the Fraser Valley, Canada. The initial draft of the first version of the Handbook was reviewed and discussed during an expert group meeting held in Vienna on 16 and 17 November 2011.Valuable suggestions and contributions were made by the following experts at that meeting: Charles Robert Allen, Ibrahim Hasan Almarooqi, Sultan Mohamed Alniyadi, Tomris Atabay, Karin Bruckmüller, Elias Carranza, Elinor Wanyama Chemonges, Kimmett Edgar, Aida Escobar, Angela Evans, José Filho, Isabel Hight, Andrea King-Wessels, Rita Susana Maxera, Marina Menezes, Hugo Morales, Omar Nashabe, Michael Platzer, Roberto Santana, Guy Schmit, Victoria Sergeyeva, Zhang Xiaohua and Zhao Linna. -
Commitment After Acquittal on Grounds of Insanity M
Maryland Law Review Volume 22 | Issue 4 Article 3 Commitment After Acquittal On Grounds of Insanity M. Albert Figinski Follow this and additional works at: http://digitalcommons.law.umaryland.edu/mlr Part of the Criminal Procedure Commons Recommended Citation M. A. Figinski, Commitment After Acquittal On Grounds of Insanity, 22 Md. L. Rev. 293 (1962) Available at: http://digitalcommons.law.umaryland.edu/mlr/vol22/iss4/3 This Article is brought to you for free and open access by the Academic Journals at DigitalCommons@UM Carey Law. It has been accepted for inclusion in Maryland Law Review by an authorized administrator of DigitalCommons@UM Carey Law. For more information, please contact [email protected]. 1962] COMMITMENT AFTER ACQUITTAL 293 COMMITMENT AFTER ACQUITIAL ON GROUJND'S OF INS'ANITYt By M. ALBERT FIGINsKI* I. THE PROCEDURES OF CRIMINAL COMMITMENT GENERALLY "Jurors, in common with people in general, are aware of the meanings of verdicts of guilty and not guilty. It is common knowledge that a verdict of not guilty means that the prisoner goes free and that a verdict of guilty means that he is subject to such punishment as the court may impose. But a verdict of not guilty by reason of insanity has no such commonly understood meaning."' This lack of knowledge can logically result from two factors. One, the verdict is a rare one in our society, given the state of extreme dementation required by the "right and wrong test" to acquit. Second, unlike the verdicts of guilty and not guilty which have the same meaning and effect throughout Anglo-American jurisprudence, the meaning and effect of a verdict of not guilty by reason of insanity are dependent upon statutes and vary among the states. -
Penal Code Offenses by Punishment Range Office of the Attorney General 2
PENAL CODE BYOFFENSES PUNISHMENT RANGE Including Updates From the 85th Legislative Session REV 3/18 Table of Contents PUNISHMENT BY OFFENSE CLASSIFICATION ........................................................................... 2 PENALTIES FOR REPEAT AND HABITUAL OFFENDERS .......................................................... 4 EXCEPTIONAL SENTENCES ................................................................................................... 7 CLASSIFICATION OF TITLE 4 ................................................................................................. 8 INCHOATE OFFENSES ........................................................................................................... 8 CLASSIFICATION OF TITLE 5 ............................................................................................... 11 OFFENSES AGAINST THE PERSON ....................................................................................... 11 CLASSIFICATION OF TITLE 6 ............................................................................................... 18 OFFENSES AGAINST THE FAMILY ......................................................................................... 18 CLASSIFICATION OF TITLE 7 ............................................................................................... 20 OFFENSES AGAINST PROPERTY .......................................................................................... 20 CLASSIFICATION OF TITLE 8 .............................................................................................. -
They Tried to Make Me Go to Rehab: a Study of Rehabilitation in United States Corrections Kayla J
University of Rhode Island DigitalCommons@URI Senior Honors Projects Honors Program at the University of Rhode Island 2015 They Tried to Make Me Go To Rehab: A Study of Rehabilitation in United States Corrections Kayla J. Toole University of Rhode Island, [email protected] Creative Commons License This work is licensed under a Creative Commons Attribution 4.0 License. Follow this and additional works at: http://digitalcommons.uri.edu/srhonorsprog Part of the Cognitive Psychology Commons, Criminology Commons, Family, Life Course, and Society Commons, and the Social Control, Law, Crime, and Deviance Commons Recommended Citation Toole, Kayla J., "They rT ied to Make Me Go To Rehab: A Study of Rehabilitation in United States Corrections" (2015). Senior Honors Projects. Paper 387. http://digitalcommons.uri.edu/srhonorsprog/387http://digitalcommons.uri.edu/srhonorsprog/387 This Article is brought to you for free and open access by the Honors Program at the University of Rhode Island at DigitalCommons@URI. It has been accepted for inclusion in Senior Honors Projects by an authorized administrator of DigitalCommons@URI. For more information, please contact [email protected]. Running Head: REHABILITATION IN CORRECTIONS 1 They Tried to Make Me Go To Rehab: A Study on Rehabilitation in United States Corrections Kayla J. Toole University of Rhode Island REHABILITATION IN CORRECTIONS 2 Abstract Rehabilitation has been a staple of the prison system in the United States since the 1700s. The idea that a criminal could be resocialized into a functioning individual in society has been the basis of the prison systems since they first began. Rehabilitation is always evolving in the criminal justice system and being improved to have more impact on recidivism rates. -
Forfeitures and the Eighth Amendment
UIdaho Law Digital Commons @ UIdaho Law Faculty Scholarship Summer 2017 Forfeitures and the Eighth Amendment: A Practical Approach to the Excessive Fines Clause as a Check on Government Seizures David Pimentel University of Idaho College of Law, [email protected] Follow this and additional works at: https://digitalcommons.law.uidaho.edu/faculty_scholarship Part of the Constitutional Law Commons Recommended Citation 11 Harv. L. & Pol'y Rev. 541 (2017) This Article is brought to you for free and open access by Digital Commons @ UIdaho Law. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Digital Commons @ UIdaho Law. Forfeitures and the Eighth Amendment: A Practical Approach to the Excessive Fines Clause as a Check on Government Seizures David Pimentel* INTRODUCTION After forty-nine years working the sugar plantations in Hawai'i, Joseph Lopes retired with his wife Frances in a modest home they had managed to buy with the fieldwork earnings.' Their adult, mentally disabled son Thomas lived with them.2 The Pittsburgh Press recounted their story: For a while, Thomas grew marijuana in the back yard-and threatened to kill himself every time his parents tried to cut it down. In 1987, the police caught Thomas, then 28. He pleaded guilty, got probation for his first offense and was ordered to see a psychologist once a week. He has, and never again has grown dope or been arrested. The family thought the episode was behind them. But [four years later], a detective scouring old arrest records for forfeiture opportunities realized the Lopes house could be taken away because they had admitted they knew about the marijuana.3 Federal drug agents subsequently paid Joseph and Frances Lopes a visit and claimed their home for the U.S. -
Access to Exculpatory Evidence: Avoiding the Agurs Problems of a Prosecutorial Discretion and Retrospective Review
Fordham Law Review Volume 53 Issue 3 Article 2 1984 Access to Exculpatory Evidence: Avoiding the Agurs Problems of a Prosecutorial Discretion and Retrospective Review Daniel J. Capra Fordham University School of Law Follow this and additional works at: https://ir.lawnet.fordham.edu/flr Part of the Law Commons Recommended Citation Daniel J. Capra, Access to Exculpatory Evidence: Avoiding the Agurs Problems of a Prosecutorial Discretion and Retrospective Review, 53 Fordham L. Rev. 391 (1984). Available at: https://ir.lawnet.fordham.edu/flr/vol53/iss3/2 This Article is brought to you for free and open access by FLASH: The Fordham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Law Review by an authorized editor of FLASH: The Fordham Law Archive of Scholarship and History. For more information, please contact [email protected]. ACCESS TO EXCULPATORY EVIDENCE: AVOIDING THE A GURS PROBLEMS OF PROSECUTORIAL DISCRETION AND RETROSPECTIVE REVIEW DANIEL J. CAPRA* INTRODUCTION N the course of many criminal investigations, the state will uncover information that is favorable to the criminal defendant. The likelihood of defense counsel uncovering the same piece of information is usually slim.1 This unequal access is caused by a number of factors ranging from a differential in resources to the timing of investigations.2 The disparity in access to exculpatory evidence is even greater when the defendant is indigent.3 In Brady v. Maryland,4 the Supreme Court attempted to lessen the disparity in access to exculpatory evidence before and during trial. * Associate Professor of Law, Fordham University School of Law. -
Application for Pardon After Probation, Parole Or Discharge
CFJ-515A Rev. 6/2021 MICHIGAN DEPARTMENT OF CORRECTIONS OFFICE OF THE PAROLE BOARD APPLICATION FOR PARDON AFTER PROBATION, PAROLE OR DISCHARGE I hereby petition the Governor, as provided by law, for a pardon for the following conviction(s) in the State of Michigan and submit the following information in support of this application: 1. Name: ___________________________________________ Telephone #: (_____)______- ________ Address: __________________________________________________________________________ Marital Status: ( ) Married ( ) Divorced ( ) Single ( ) Widowed Number of Dependents: ______ 2. * Date of Birth: ___________ Place of Birth: _________________ U.S. Citizen: ( ) Yes ( ) No SS#: _____-____-_____ Sex: ( )Male ( )Female Race: ________ Michigan Prison #: _________ (* Information under question # 2 above used for identification and statistical purposes only) 3. Pursuant to statute, if you have been convicted of not more than one offense you may file an application with the convicting Court for the entry of an order setting aside the conviction. A person is not rendered ineligible for filing an application if they have also been convicted of not more than 2 minor offenses in addition to the offense for which the person files an application. “Minor Offense” means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 90 days, for which the maximum permissible fine does not exceed $1,000.00, and that it is committed by a person who is not more than 21 years of age. Have you reviewed the statutory criteria in 1965 PA 213, MCL 780.621 - MCL 780.624, seeking expungement/setting aside of the conviction of that crime? ( ) Yes ( ) No (Statutes can be found on the Michigan Legislative website at www.michiganlegislature.org) 4. -
Sexual Offender Registration and Monitoring Program Rules
RULES OF TENNESSEE BUREAU OF INVESTIGATION CHAPTER 1395-1-5 SEXUAL OFFENDER REGISTRATION AND MONITORING PROGRAM TABLE OF CONTENTS 1395-1-5-.01 Purpose and Scope 1395-1-5-.05 Sexual Offender and Registration Monitoring Process 1395-1-5-.02 Definitions 1395-1-5-.06 Record System 1395-1-5-.03 Sexual Offender Registration and Monitoring 1395-1-5-.07 Removal from Registration and Monitoring Program in General Requirements 1395-1-5-.04 Monitoring Form Requirements 1395-1-5-.08 Violations- Penalties 1395-1-5-.01 PURPOSE AND SCOPE. The purpose of the program has been found to be regulatory, not punitive. It has been held that the program addresses legitimate concerns of law enforcement about sex offenders. Cutshall v. Sundquist, 193 F. 3d 466 (6th Cir. 1999). As an independent department, TBI has been charged with the responsibility of administering and maintaining the program, which is civil and remedial in nature. Only those offenders who meet the statutory definition of “sexual offender” can be registered, regardless of court orders to the contrary. Information contained in the registry should not be used to injure, harass, or commit a criminal act against any person named in the registry; any such action could result in criminal prosecution. Authority: T.C.A. §40-39-101. Administrative History: Original rule filed December 19, 2001; effective April 30, 2002. 1395-1-5-.02 DEFINITIONS. (1) Acknowledgment Form - A form provided by the TBI to agencies for the purpose of confirming that the sexual offender understands the requirements and penalties involved in the sexual offender registration/ monitoring process. -
Recidivism Among Female Prisoners: Secondary Analysis of the 1994 BJS Recidivism Data Set
The author(s) shown below used Federal funds provided by the U.S. Department of Justice and prepared the following final report: Document Title: Recidivism Among Female Prisoners: Secondary Analysis of the 1994 BJS Recidivism Data Set Author(s): Elizabeth Piper Deschenes ; Barbara Owen ; Jason Crow Document No.: 216950 Date Received: January 2007 Award Number: 2004-IJ-CX-0038 This report has not been published by the U.S. Department of Justice. To provide better customer service, NCJRS has made this Federally- funded grant final report available electronically in addition to traditional paper copies. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. This document is a research report submitted to the U.S. Department of Justice. This report has not been published by the Department. Opinions or points of view expressed are those of the author(s) and do not necessarily reflect the official position or policies of the U.S. Department of Justice. Final Report Recidivism among Female Prisoners: Secondary Analysis of the 1994 BJS Recidivism Data Set Grant # 2004-IJ-CX-0038 Submitted by: Elizabeth Piper Deschenes Department of Criminal Justice California State University Long Beach 1250 Bellflower Blvd. Long Beach, CA 90840-4603 Telephone 562/985-8567 Email: [email protected] Barbara Owen Jason Crow Department of Criminology California State University-- Fresno Fresno California 93740 Telephone: 559/278-5715 Email: [email protected] October 2006 This project was funded by Grant # 2004-IJ-CX-0038 from The National Institute of Justice, Data Resources Program 2004: Funding for the Analysis of Existing Data.