An Evidence-Based Approach to Corrections “I will restore the basic principle that government decisions should be based on the best available, scientifi cally valid evidence and not on ideological predispositions of agency offi cials or political appointees.” —President Barack Obama, campaign speech during the Science Debate, 2008 Describe how corrections is part of the larger criminal jus- tice system and how decisions made along the way contrib- 1 ute to case dismissals, convictions, and potential disparity. Compare and contrast both diversion and postsentenc- ing options, and institutional- and community-based 2 corrections. Explain the key reasons for the rise in incarceration rates since the 1980s and the overall effect that it has had on 3 individuals, communities, and the crime rate. Analyze the relationships among mass media, public opin- ion, and the making of correctional policy. 4 Characterize the meaning of evidence-based practices and why it is significant to improving the correctional system. 5 Source: © Visions of America, LLC/Alamy 1 AA_71048_ch01_ptg10_hr.4c.indd_71048_ch01_ptg10_hr.4c.indd 1 111/15/111/15/11 44:49:49 PPMM INTRO HOW DO MEDIA SOURCES INFLUENCE PUBLIC PERCEPTIONS OF CRIME? In January 2011, Representative Gabrielle Giffords a 9-year-old community visitor. Investigators said that welcomed members of the public at a constituent the incident was a deliberate, planned attempt to mur- event held at a local shopping plaza in Tucson, Arizona. der Giffords. There was also evidence to indicate that That morning, 22-year-old Jared Lee Loughner entered Loughner obtained a gun in advance; that he visited and opened fire using a 9mm Internet websites that encour- handgun. By the time Loughner DISCUSS Do the media cause or aged hate, violence, and anti- was apprehended, he had killed government extremism; and 6 people and wounded 13 oth- contribute to violence? Are the that he had a mental illness. ers. Representative Giffords media neutral in the reporting of The horrific shooting tragedy in suffered brain trauma and was violent incidents, or do they affect Arizona reopened the debate severely wounded in the attack. not only about gun control laws, Among those who died were people in other ways? How? What but also about the influence federal judge John Roll, one of impact do the media have on public of media exposure in certain Giffords’s staff members, and perceptions about crime in general? violent crimes. ▶ Corrections: An Integral Part of the CJ System In the context of the criminal justice system, corrections is victim reports by phone or the Internet. Other than traffic enforce- an important component that follows the court process after ment, it is clear that the police rely on citizens to bring most crimes a defendant has been found guilty or that aids the court dur- to their attention. Then, based on the quality of this information, ing the process prior to the sentence. We begin first by briefly police can investigate further and then decide whether there is introducing how criminal cases get to court through the police. enough evidence to act. In less serious cases, such as exceeding the speed limit, police can decide to issue a warning or a citation . In more serious cases, such as domestic violence, an officer must Police arrest one or both defendants if there are visible injuries. When an When a crime is committed, a victim or witness reports the situa- arrest is made, the police drive the suspect to a city or county jail tion to the police . In serious cases, the police take the report in per- to be booked . In the most serious felony cases, the reporting officer son and may collect evidence or testimony. In less serious cases, the relies on detectives to spend the time collecting evidence. What is the sequence of events in the criminal justice system? Sentencing and Entry into the system Prosecution and pretrial services Adjudication sanctions Corrections Refusal to indict Charge dismissed Acquitted Appeal Habeas Pardon and Probation Grand jury corpus clemency Capital punishment Arraignment Trial Convicted Sentencing Revocation Felonies Unsolved Release Release Charges Charges Prison or not without without dropped dropped Guilty plea Out of system arrested prosecution prosecution or dismissed or dismissed (registration, Information notification) Reported Parole and observed Reduction Intermediate crime Investi- Initial Bailor of charge sanctions Revocation gation Charges Prelim- Out of system Arrest appear- inary detention Charge filed ance hearing hearing dismissed Acquitted Jail Crime Information Arraignment Trial Convicted Sentencing Revocation Out of system Misdemeanors Guilty plea Prosec- ution Unsuccessful Probation as a diversion juvenile Out of system Diversion by law enforcement, prosecutor, or court Police Probation or other Intake Waived to nonresidential disposition juvenile criminal court Formal juvenile or youthful unit hearing offender court processing Adjudication Disposition Revocation Juvenile Residential offenders placement Informal processing Out of system Nonpolice referrals diversion Aftercare Released Released Released or diverted or diverted Revocation Note: This chart gives a simplified view of caseflow through the criminal justice system. Source: Adapted from The challenge of crime in a free society. President’s Commission on Law Procedures vary among jurisdictions. The weights of the lines are not intended to show Enforcement and Administration of Justice, 1967. This revision, a result of the Symposium on the 30th actual size of caseloads. Anniversary of the President’s Commission, was prepared by the Bureau of Justice Statistics in 1997. FIGURE 1.1 Criminal Justice System Flowchart. 2 Chapter 1 An Evidence-Based Approach to Corrections AA_71048_ch01_ptg10_hr.4c.indd_71048_ch01_ptg10_hr.4c.indd 2 111/15/111/15/11 44:49:49 PPMM The police enforce the law, There are four main decision LEARNING Describe how correc- keep social order, and preserve OUTCOMES tions is part of the public safety for their particular points that prosecutors have: 1 larger criminal justice jurisdiction . For example, local system and how police have boundaries within initial case screening, charging, decisions made along the way a city or county, while state contribute to case dismissals, con- police focus on highways and plea offers, and case disposition. victions, and potential disparity. interstates within the state. A federal law enforcement agency court appearances are out in the community on a bond that GLOSSARY enforces laws in places that are secures their reappearance, or they are on some form of pretrial corrections The network of gov- considered federal areas (such supervision in the community. ernment and private agencies as national parks and post The pretrial release decision is made following arrest so that responsible for the pre- and post- offices) or enforces violations of conviction custody, supervision, defendants who qualify can be effectively released and super- and treatment of persons accused federal law (such as counterfeit- vised in the community prior to their next court date. This or convicted of crimes. ing or terrorism) anywhere in allows defendants to return to work or school and to prepare for the United States. In using their their defense, and it keeps local jails from becoming too crowded police Law enforcement officials discretion, the police truly are while a criminal case is pending. A risk assessment instrument who are sworn to uphold the law, the gatekeepers of the crimi- has been developed for the federal system to predict who would keep social order, and preserve nal justice system. Following an public safety. likely pose a threat to the public safety or likely not return for a arrest or a citation, the case later court appearance (Lowenkamp & Whetzel 2009). citation A police-issued ticket moves to the courts, which is ordering a citizen to pay a fine for the next social control agency. a minor law violation. ▶ Corrections as Community- booked When a suspect is identi- Pretrial/Courts Based or Institutional fied and fingerprinted in jail after being arrested for an alleged crime. The courts depend on the police’s Misdemeanor or first-time felony offenders may be offered ability to identify the right diversion . Upon successful completion of diversionary super- jurisdiction A predefined suspect and to collect enough vision, the offender’s charge is dropped and the individual geographic area. quality evidence, if needed, to does not have a formal record of conviction. If the offender dismissed When a case is corroborate the case. There are on diversion supervision does not comply with the conditions, dropped for lack of evidence and four main decision points that a formal execution of the sentence ensues and a record of the does not proceed any further. prosecutors have: initial case conviction remains. pretrial supervision The com- screening, charging, plea offers, The last two decision points for prosecutors are plea offers munity supervision of a defendant and case disposition. At the ini- that lead to a recommendation to the judge for case disposi- who has not yet been convicted tial case screening, prosecutors tion. Most defendants plead guilty, after which they are formally but is waiting for his or her next will likely dismiss cases if the sentenced by the court. A wide variety of sentencing options are court hearing date. evidence is weak or inadequately available within the correctional system continuum of sanctions. linked to that defendant for a The continuum of sanctions means that correctional supervision particular offense. Depending typically involves combining one or more options within the com- on the jurisdiction and the severity of the offense, between one- munity or an institutional setting to achieve more than one goal. third and one-half of all cases are dismissed. In cases of petty offenses and misdemeanors, a citation may be Prosecutors will go forward with charging cases in which issued for the payment of a fine. For nonviolent felony offenses, they believe there is enough evidence to hold the defendant community-based supervision may be an option, while for preda- accountable for the crime.