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The specific deterrent effect of custodial penalties on juvenile re-offending.
From the Research Bulletin by Don Weatherburn, Sumitra Vignaendra and Andrew McGrath: It is widely assumed that placing offenders (juvenile or adult) in custody acts as a deterrent to further offending. The present study was designed to see whether juvenile offenders who receive a detention sentence are less likely to re-offend, controlling for other factors, than juvenile offenders given some other form of sentence.
Policing youth: Can procedural justice nurture youth cooperation with police?
From the working paper by Kristina Murphy and Alana Gaylor: Public police agencies in Australia and abroad have faced significant challenges in generating voluntary cooperation from youth and have found it particularly difficult to engage youth in collaborative crime control efforts. Understanding factors that shape young people’s cooperation with the police is particularly important because young people are more likely to come into contact with police.
Indicators used internationally to measure Indigenous justice outcomes
From the Research Brief by Matthew Willis: The social disadvantages faced by Indigenous people in Australia and New Zealand, across dimensions that include community safety and the justice system, have been well documented.
The impact of incarceration on young offenders.
From the dissertation by Kristy N. Matsuda: This study examines the impact of incarceration on the likelihood of recommitment of young offenders (admitted age 14 to 21) in California. Using official data from the California Department of Corrections and Rehabilitation, this study follows 9,892 offenders from their sentencing court, through every facility they experienced during their incarceration, and five years post‐release.
Girls in prison: The education and training of under-18s serving detention and training orders.
From the thematic report by The Office of Standards in Education in consultation with HM Chief Inspector of Prisons: Between October 2002 and April 2003 Her Majesty’s Inspectors (HMI) from the Office for Standards in Education undertook a thematic survey of female juveniles completing Detention and Training Orders (DTOs). The survey was conducted in two parts, in order to follow individual girls/young women from custody to release in to the community. Three secure establishments were visited which, at the time of the thematic survey, held the highest proportion of girls on DTOs.
The management of gang issues among children and young people in prison custody and he community: A joint thematic review.
From the thematic review by the HM Inspectorate of Prisons: The issue of gangs, particularly among children and young people under 18, is an emotive and difficult one. There is a considerable risk of over-reaction and therefore of glamorising, and potentially entrenching, criminal activity carried out by groups of young people – a pattern of offending that is neither new nor surprising. Young people are likely to be both victims and perpetrators of crime, and to be identified and self-identify as part of a group. However, the opposite extreme – ignoring or failing to recognise the existence of genuinely gang-related activity among young people – is even more dangerous.
Unjust deserts: A Thematic Review by HM Chief Inspector of Prisons of the Treatment and Conditions for Unsentenced Prisoners Prisoners in England and Wales.
From the report HM Inspectorate of Prisons for England and Wales: Aim of the report: To assess and examine the treatment and conditions for unsentenced prisoners and review this in the context of local prisons in England and Wales.
The mental health of prisoners:A thematic review of the care and support of prisoners with mental health needs.
From the report by HM Inspectorate of Prisons: This report describes the conditions and treatment of the large number of mentally disordered people in prison, 10 years after the Inspectorate published its seminal healthcare report, Patient or prisoner?, and five years after Martin Narey’s ‘cavalry’ – NHS mental health in-reach nurses – began to ride over the hill and into prisons.
A second chance: A review of education and supporting arrangements within units for juveniles managed by HM Prison Service. (2001-2002)
From the report by HM Inspectorate of Prisons: The Crime and Disorder Act 1998 and the establishment of the Youth Justice Board have led to the most radical re f o rm of the youth justice system since 1908. These re f o rm s c reated a new relationship between the Prison S e rvice, as the provider of custodial care for almost 90% of the children in custody, and the Youth Justice Board, as the commissioning agency for this provision. The new re g i m e was itself able to build on the plans and additional re s o u rces already secured for youth justice within the Prison Serv i c e .
Disabled prisoners: A short thematic review on the care and support of prisoners with a disability. (2009). [EN]
From the report by HM Inspectorate of Prisons: The National Offender Management Service, like all public authorities, is now subject to the requirements of the Disability Discrimination Act. It is required to promote disability equality and eliminate unlawful discrimination in all the prisons in England and Wales. Disability, as defined in the Act, covers a range of impairments, both physical and mental, including learning disability. This thematic report draws together information from prisoner surveys and inspection reports between 2006 and 2008, together with responses from 82 prison disability liaison officers (DLOs), to examine how well prisons are currently able to discharge these duties.
Provisional sentencing for children.
From the report by Sophia Beckett, Lester Fernandez, and Katherine McFarlane: This Report deals with the exercise of sentencing an exceptional group of offenders: children aged between 10 and 14 who commit serious crime. Concern has been voiced in relation to difficulties that arise in the application of current sentencing principles when determining the appropriate length of a sentence for the small number of children who fall into this category. Concerns relate to the uncertainty in making diagnostic and prognostic assessments regarding the development of the child at the time of sentence, as is required as part of the sentencing process.
It's about time: Aging prisoners, increasing costs and geriatric release.
From the report by Tina Chiu: As harsher policies have led to longer prison sentences, often with a limited possibility of parole, correctional facilities throughout the United States are home to a growing number of elderly adults. Because this population has extensive and costly medical needs, states are confronting the complex, expensive repercussions of their sentencing practices. To reduce the costs of caring for aging inmates—or to avert future costs—legislators and policymakers have been increasingly willing to consider early release for those older prisoners who are seen as posing a relatively low risk to public safety.
Focusing on the needs of victims and offenders: Sermon notes. By Bill Reddin. (2010).
We live in a World in which there is not a lot of justice, quite a bit of judgement, and salvation seems allusive. Justice is one of the great callings of the Church. The Old Testament cries out for it from nearly every page. Jesus demands it in many of his teachings. Just as the Israelites continually failed to produce it, so the world fails to produce it now. The Church fails to produce justice in so many instances. (excerpt)
Kill the Criminal:Save the Person
From the speech by Ron Nikkel: I believe that the most difficult job of any Government is in the area of crime and justice. I spend much of my time in conversation with legislators, judges, criminal justice officials, and criminal offenders. The complexity of the issue is staggering, the cost is burdensome and the results are disappointing if not discouraging.
Making law and policy that work. Handbook for law and policy makers on reforming criminal justice and penal legislation, policy and practice. (2010). Penal Reform International. English
From the handbook by Penal Reform International: Making Law and Policy that Work is aimed at specialists and non-specialists faced with the responsibility of creating a policy and legislative framework for criminal justice and penal systems. It recognises that criminal justice reform requires expertise and experience in a variety of disciplines which are rarely embodied in one person. It takes into account the fact that many countries in transition lack specialists. It aims to provide clear guidance and practical suggestions for reform in line with an international human rights framework which can be applied in different contexts and countries.
Offenders or Citizens?: Readings in Rehabilitation. Philip Priestly and Maurice Vanstone. (2010). Willan Publishing. [EN]
This book is a collection of papers that provide a broad background to the “what works” debate regarding rehabilitation as an effective response to crime.
The effect of prison on adult re-offending. Don Weatherburn. Crime and Justice Bulletin. NSW Bureau of Crime Statistics and Research. [EN]
From the article by Don Weatherburn: This bulletin is only concerned with the specific deterrent effect of custodial penalties. The question it seeks to address is whether, other things being equal, adults who receive a custodial penalty are less likely to re-offend than adults who do not receive a custodial penalty.
Collateral costs: Incarceration's effect on economic mobility. (2010) The Per Charitable Trusts. [EN]
From the report by the Pew Charitable Trusts: Incarceration affects an inmate’s path to prosperity. Collateral Costs quantifies the size of that effect, not only on offenders but on their families and children. Before being incarcerated more than two-thirds of male inmates were employed and more than half were the primary source of financial support for their children.7 Incarceration carries significant and enduring economic repercussions for the remainder of the person’s working years. This report finds that former inmates work fewer weeks each year, earn less money and have limited upward mobility. These costs are borne by offenders’ families and communities, and they reverberate across generations.
Political Consequences of the Carceral State. Vesla M. Weaver & Amy E. Lerman. (2010). [EN]
From the paper by Vesla M. Weaver and Vesla M. Weaver: Contact with the criminal justice system is greater today than at any time in our history. One in 100 Americans is in prison; nine million citizens pass through American jails each year; and six million individuals had involuntary encounters with police last year (not including traffic stops). Those who will be confined by the state at some point in their lives now stands at about fifteen percent of the population, making veterans of prison more numerous in the population than veterans of military duty. Minority communities bear a disproportionate brunt of the rise in incarceration rates. Black men in America are more likely to spend time in prison than in the military and twice as likely to spend time in prison as to earn a Bachelor’s degree, and one in three African-American men born in 2001 can expect to spend some time in prison during his lifetime.
Sexual assault in jail and juvenile facilities: Promising practices for prevention and response. Final report. Kim English, et. al, (2010). Denver, CO: Colorado Division of Criminal Justice. Office of Research and Statistics. [EN]
From the report by Kim English, et. al: Sexual assault is brutal and creates an atmosphere of terror. The threat or occurrence of rape in correctional institutions compromises the safety of both inmates and staff and, like other forms of institutional violence, contribute to a dangerous environment.
Establishing drug treatment courts : strategies, experiences and preliminary outcomes. Caroline S. Cooper, et. al. (2010). Prepared for the Drugs Summit: European, Latin American & Caribbean Mayors and Cities. 21-23 April 2010, Lugo, SPain. [EN]
From the report by Caroline S. Cooper, et. al.: The purpose of this report is to describe the strategies that have been developed to establish Drug Treatment Courts in countries that have implemented them, the services they are providing, the target populations they are serving, and the impact they have had to date, along with “lessons learned” that may be useful to others embarking on a DTC initiative.
Private prisons, risky, says expert
From the article by Derek Cheng on nxherald.co.nz: A visiting criminology expert from Cambridge University says that turning prisons over to the private sector is a "high risk" strategy, but one that could lead to the best outcomes under the right conditions.
Preventive detention rates rocket
From the article by Andrea Vance on Stuff.co.nz: The number of prisoners on preventative detention has soared to 269, the chairman of the New Zealand parole board has revealed. Judge Sir David Carruthers said only 16 of these preventive detainees - given an indeterminate sentence, imposed on highest-risk offenders to stop them committing a crime - were on parole.
The collateral anti-therapeutic effects of the death penalty. Cynthia F. Adcock. (2009). Florida Coastal Law Review. Forthcoming.
The death penalty debate in the United States typically pits the offensiveness of the crime and offender and the societal need for this extreme punishment as an expression of moral outrage against evidence of arbitrariness, the risk of executing an innocent person and other systemic injustices. Most recently, in these tough economic times, the extraordinary financial cost of the death penalty has been thrown into the balance.
Short prison sentences 'excessive', says survey
From the article BBC News UK: Short prison sentences do not reduce crime and are used excessively, a survey of prisoner governors suggests. The Howard League for Penal Reform released responses from an ongoing research project into short sentences.
Catholic bishops oppose revival of death penalty
From the article by Jomar Canlas: THE Catholic Bishops’ Conference of the Philippines (CBCP) strongly opposed the revival of death penalty in the Philippines following series of heinous crimes in the country. This was after the CBCP-Episcopal Commission on Prison Pastoral Care (ECPPC) has joined with the Coalition Against Death Penalty (CADP) in opposing the restoration of the death penalty law in the country.
Justice reinvestment at the local level planning and implementation guide. Nancy G. La Vigne, et. al. (2010). Urban Institute. [EN]
From the guidebook written by Nancy G. La Vigne, et. al.: Justice reinvestment is a systemwide process designed for local leaders who want to rethink how they allocate resources throughout their criminal justice and social service systems. It is for city and county officials who are aiming not just to contain criminal justice costs, but also to achieve a greater public safety impact from current resources.
Let 'em out and throw away the key
From the article in the Economist: OF THE roughly 100,000 people sentenced to immediate custody in England and Wales each year, around 60,000 are put inside for less than 12 months. Short-stay inmates cost the prison service over £285m a year, not counting education and health care, and on the face of it the taxpayer is not getting value for money. About 60% of them are convicted again within a year of their release; recidivism has remained stubbornly high (see chart below). In the year to March 2008 reoffending by recently released short-termers cost the economy up to £10 billion in lost output, court costs and other charges.
Seek Justice
This website contains some of Jonathan Burnside’s work exploring the relationship between law, theology and criminology from theoretical and applied perspectives, beginning with Relational Justice: Repairing the Breach (1994, Waterside Press). (description from website).
Time is money: Financial responsibility after prison. Chris Bath and Kimmett Edgar. (2010). London: The Prison Reform Trust. [EN]
From the report by Chris Bath and Kimmett Edgar: When someone is convicted of a crime, the impact on their finances can be extreme. The loss of liberty is the most severe form of punishment in the UK but with it come many unintended financial consequences. The criminal justice system can increase financial exclusion, and reduce personal responsibility, creating problems with housing, insurance, employment and family relations, and thus contributing to a greater risk of reoffending.
The history of bail and pretrial release. Timothy R.Schnacke, et. al., (2010). Pretrial Justice Institute.
From the report by Timothy R. Schnacke, et. al.: While the notion of bail has been traced to ancient Rome,2 the American understanding of bail is derived from 1,000-year-old English roots. A study of this “modern” history of bail reveals two fundamental themes. First, as noted in June Carbone’s comprehensive study of the topic, “[b]ail [originally] reflected the judicial officer’s prediction of trial outcome.”3 In fact, bail bond decisions are all about prediction, albeit today about the prediction of a defendant’s probability of making all court appearances and not committing any new crimes. The science of accurately predicting a defendant’s pretrial conduct, and misconduct, has only emerged over the past few decades, and it continues to improve. Second, the concept of using bail bonds as a means to avoid pretrial imprisonment historically arose from a series of cases alleging abuses in the pretrial release or detention decision-making process.
Programas de medidas cautelares: Experiencias para equilibrar presunción de inocencia y seguridad ciudaddana. Martin Schönteich & Denise Tomasini-Joshi. (2010). New York:Open Society Justice Initiative.
Desde el resumen por Martin Schönteich y Denise Tomasini-Joshi: El abuso y dependencia excesiva de la prisión preventiva constituye un problema de dimensión global. Los detenidos antes del juicio fueron acusados penalmente, pero no juzgados ni sentenciados. La enorme presión para que promuevan la seguridad pública con medidas como el arresto y altas tasas de casos procesados hace que los funcionarios públicos cometan múltiples abusos durante el periodo que media entre el arresto y el juicio. Es en ese lapso que los imputados llegan a ser torturados para confesarse culpables. Pero sobre todo, mientras esperan la conclusión de su proceso están siendo castigados de facto y, por ende, se les niega el derecho de presunción de inocencia.
Deviancy Training: Understanding How Preventive Interventions Harm. Denise C. Gottfredson. (2010). Journal of Experimental Criminology. 6(3):229-243. [EN]
This article reflects on the work of Joan McCord showing how well-intentioned, well-implemented prevention programs can harm and shows how a mechanism called “deviancy training” is central to the explanation for why helpful preventive interventions can harm.
Shackling pregnant women spurs prison-reform rush. Susan Elan. (2010). Womens enews.org.
From the article by Susan Elan in Womens enews.org: Shawanna Lumsey, who in 2003 was serving time while pregnant in an Arkansas prison for credit card fraud, received minimal pre-natal care during her incarceration. Later she was shackled to a hospital bedpost while giving birth to a 9 pound, 7 ounce baby.
Measuring hope: Is hope related to criminal behaviour in offenders? Krystle Martin & Lana Stermac. (2010). International Journal of Offender Therapy and Comparative Criminology. 54(5):693-705.
In contrast to growing regard for the psychological construct of hope in medical and psychological arenas, hope has not yet found a permanent place in the field of criminology.
Who deserves death? David Kaczynski, (2010) The Crime Report.
From the article from David Kaczynski on The Crime Report: Most people who support the death penalty agree that it’s not a solution to the problem of crime and violence. Rather, they believe that there are certain particularly depraved killers, the so-called “worst of the worst,” who deserve to die.
User views of punishment: The comparative experience of short prison sentences and community-based punishments. Sarah Armstrong & Beth Weaver. (2010) Research report No. 04/2010. The Scottish Centre for Crime & Justice Research. [EN]
From the report by Sarah Armstrong & Beth Weaver: Short prison sentences are one of the characteristic features of imprisonment in Scotland, where the vast majority of prison sentences issued in a year (ranging anywhere between 75% and 80%) are for six months or less. The current government is pursuing an agenda to reduce the short sentence culture in Scotland, by expanding the use of community-based forms of punishment and creating a legal presumption against the use of short custodial sentences.
Cáceles hacinadas (llenas) y otras abandonadas (vacías). Ramiro Llanos Moscoso (2010).
Las nuevas leyes fundacionales como la ley Marcelo Quiroga Santa Cruz Nº 004/2010, la ley de Aduanas Nº 780 /2010 y la Ley de modificación al Procedimiento Penal Nº 007/2010 y las nuevas tipificaciones en el Código Penal además de otras que se elaboran están creando nuevos tipos penales, lo que llevara a que los centros penitenciarios tengan nuevos visitantes con detenciones preventivas o con sentencias condenatorias cortas o largas. Las cárceles hacinadas en el momento sobrepasan el 500% de su capacidad por ejemplo San Pedro, Centro de Orientación Femenina de Obrajes en La Paz; San Sebastián Varones y Mujeres de Cochabamba; San Pablo de Quillacollo; Palmasola y Montero de Santa Cruz; San Pedro de Oruro;
Democracy must be allowed behind bars. Ben Fox. (2010). Tribunemagazine.co.uk
From the article by Ben Fox: We may have forgotten the disgraceful scenes at polling stations where hundreds of people were unable to vote at the 2010 general election. But these people were denied their votes through administrative incompetence. Some 70,000 Britons were also denied access to the democratic process because of a blanket ban on prisoners voting, which dates back to the Forfeiture Act of 1870. Following successive rulings by the European Court of Human Rights that this is illegal, British law will now have to be changed. And, despite an outpouring of fury from the Conservatives and, regrettably, some Labour MPs, this is the right course of action.
Ex-offenders and the labor market. John Schmitt & Kris Warner (2010). Center for Economic and Policy Research. [EN]
From the report by John Schmitt & Kris Warner: We use Bureau of Justice Statistics data to estimate that, in 2008, the United States had between 12 and 14 million ex-offenders of working age. Because a prison record or felony conviction greatly lowers ex-offenders’ prospects in the labor market, we estimate that this large population lowered the total male employment rate that year by 1.5 to 1.7 percentage points. In GDP terms, these reductions in employment cost the U.S. economy between $57 and $65 billion in lost output.
Employment and female offenders: An update of the empirical research. Shawn M. FLower (2010). Gender Responsive Strategies for women offenders. November. Washington, DC.: US Department of Justice. [EN]
From the research bulletin by Shawn M. Flower: The purpose of this bulletin is to explore the literature and summarize the empirical evidence related to the impact of employment on the criminal behavior of women.
Seen and heard: Supporting vulnerable children in the youth justice system. Jenny Talbot (2010). London: Prison Reform Trust. [EN]
From the report by Jenny Talbot: It is well established that high numbers of children who come to the attention of youth justice services have complex support needs, low levels of educational attainment, and far more unmet health needs than other children of their age. It is further acknowledged that action taken to address children’s additional needs helps to prevent a range of negative outcomes and offers the greatest prospect of realising reductions in offending behaviour.
A breakdown of the "Tough on Crime" legislation. Caleb Ratzlaff (2010). The Well. Church Council on Justice and Corrections. [EN]
From the article by Caleb Ratzlaff: New legislation designed to drive home longer sentences is the centerpiece of the government’s tough on crime agenda and is creating a greater need for prisons. This legislation ensures an increase in incarceration even though crime is on the decline. The impact of the Truth In Sentencing Act alone will fill thousands of more cells. And that’s just part of an agenda for longer sentences. Spending more money on prisons is a necessity if we continue on in this direction, even though crime is at a 25-year low [in Canada].
Deterrence in criminal justice: Evaluating certainty vs. severity of punishment. Valerie Wright (2010). Washington, DC: The Sentencing Project. [EN]
From the report by Valerie Wright: Sentencing systems and incarceration traditionally have a variety of goals, which include incapacitation, punishment, deterrence and rehabilitation. In recent decades, sentencing policy initiatives have often been enacted with the goal of enhancing the deterrent effect of the criminal justice system. Under the rubric of “getting tough on crime,” policies such as mandatory minimums, truth in sentencing, and “three strikes and you’re out” have been designed to deter with the threat of imposing substantial terms of imprisonment for felony convictions.
Stop the violence! The overuse of pre-trial detention, or the need to reform juvenile justice systems. Review of Evidence. Anna Volz (2010). Geneva: Defence for Children International. [EN]
From the report by Anna Volz: This report is dedicated to the issue of pre-trial detention of juveniles, whose routine- (or over-) use is considered by child rights and juvenile justice experts, including members of the Committee on the Rights of the Child3, as one of the most pressing issues in juvenile justice today.
The socioeconomic impact of pretrial detention. Open Society Justice Initiative. (2010). [EN]
From the research report by the Open Society Justice Initiative: The socioeconomic impact of excessive pretrial detention is profound, affecting not just the individuals detained, but their families, communities, and even States. As this paper seeks to demonstrate, that impact is felt most keenly by the poor. The poor are more likely to come into conflict with the law, more likely to be confined pending trial, and less able to afford the “three Bs” of pretrial release: bribe, bail, or barrister.
Human Rights and pre-trial detention. A handbook of international standards relating to pre-trial detention. Professional Training Series No. 3. (1994). Centre for Human Rights Crime Prevention and Criminal Justice Branch.
From the handbook prepared by the Centre or Human Rights: The handbook is meant to increase awareness of the international standards which exist in the area of pre-trial detention as well as of interpretive material relating to those standards. To the extent that the handbook refers to regional instruments or to treaties ratified by only certain countries, those instruments vary in their legal application to different countries. None the less, the handbook provides practical guidelines for implementation of the standards based on the opinions of experts and the experience of countries in regard to pre-trial detention. The handbook is designed to reflect flexibility, offering advisory, rather than compulsory guidelines to criminal justice practitioners.
The development of juvenile justice systems in Eastern European neighbourhood policy countries. Reform achievements and challenges in Armenia, Azerbaijan, Georgia, Moldova and Ukraine. Daniel O'Donnell. (2010). UNICEF. [EN]
From the report by Daniel O'Donnell: The present overview summarizes the results of assessments carried out in Armenia, Azerbaijan, Georgia, Moldova and Ukraine in 2008–2009 in order to inform future strategies and decision-making at country level, and share experiences with European and international agencies, which cooperate in supporting the development of juvenile justice.
'Making our prisons work' an inquiry into the efficiency and effectiveness of prisoner education, training and employment strategies.(2010) Western Australia. Parliament. Legislative Assembly.
From the report: This report is the first of two reports into the efficiency and effectiveness of prisoner education, training and employment strategies. Its focus is prison employment activities and prison industries and their role in prison management in defraying costs and the reintegration of prisoners back into society.
Stop the drift: A focus on 21st-century criminal justice. (2010). London: HMIC. [EN]
From the HMIC report: The Criminal Justice System (CJS) has been the focus of much criticism over the years, and only 41% of the public are confident that it is effective. Criticisms have tended to outweigh solutions.
Crime and rehabilitation: one woman's story. Mark Townsend (2010). The Observer. 5 December.
From the article by Mark Townsend: Victoria Twiddy was 17 when she was first convicted – for shoplifting. Far from acting as a deterrent, the resulting community sentence was the prelude to her life of crime. During the next decade she was arrested more than 20 times, amassing 11 convictions, five for theft, three for assault, two each for criminal damage and breaching a court order.
Taking justice into custody: The legal needs of prisoners. Anne Grunseit, et. al. (2008). Access to Justice & Legal Needs. Vol. 5. Sydney: Law and Justice Foundation of New South Wales.
From the report by Anne Grunseit, et. al.: The legal needs of prisoners project, Taking justice into custody, is part of a broader program of research being undertaken by the Law and Justice Foundation of New South Wales into the access to justice by, and the legal needs of, economically and socially disadvantaged people.
Submission to the Portfolio Committee on Correctional Services:Prison Labour. Centre for the Study of Violence and Reconciliation. (2010).
From the submission by the Centre for the Study of Violence and Reconciliation: The success of rehabilitation in prisons depends on an offender’s ability to find work, stay out of crime and be a productive member in society once he or she is released. Many prisoners who enter prison do so with a minimum degree of skills, and few have had the benefit of prior working experience. A small study conducted by Lukas Muntingh with a group of released prisoners in the Western Cape revealed, somewhat unexpectedly, that only 13% of them were unemployed at the time of their imprisonment, 47% were employed, and 38% engaged in casual jobs.7 However, on release only 42% found employment in the first few weeks and thirty percent of these had returned to jobs they had prior to their imprisonment. The majority of ex-offenders had no employment and no income after their release.8 This picture illustrates how prisoners who had no skills or working experience prior to imprisonment were less likely to find work. Prisoners, who are sentenced while they are still young, are even less likely to have had the benefit of skills training or work experience.
Community-based paralegals: A practitioner's guide. Open Society Foundations (2010). [EN]
From the manual from the open Society Foundations: Around the world, billions of people suffer because they lack access to justice services. Unable to afford lawyers and ignored by authorities, their rights are routinely violated— cheated by employers, preyed upon by corrupt officials, and victimized by violence. Often poor and disenfranchised, these individuals—and even whole communities—struggle to find means of recourse or redress for the harm done to them.
Optional Protocol to the UN Convention against Torture: Implementation manual. (2010).Association for the Prevention of Torture (APT) and the Inter-American Institute for Human Rights (IIHR). [EN]
From the manual created by Association for the Prevention of Torture (APT) and the Inter-American Institute for Human Rights (IIHR): The international community has publicly and officially recognised torture and other cruel, inhuman or degrading treatment as among the most brutal and unacceptable assaults on human dignity.1 In 1948, the United Nations General Assembly adopted the Universal Declaration of Human Rights (UDHR) in response to the atrocities that occurred during the Second World War. Article 5 of the UDHR states that “no one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment”.2 Since the adoption of the UDHR, this prohibition has been repeatedly reaffirmed in numerous national, regional and international instruments.3 In accordance with these instruments, the prohibition of torture and other ill-treatment is absolute: no exceptions to this prohibition, including armed conflict, public emergency, or threats to national security are permitted under international law. Furthermore, the absolute prohibition of torture and other ill-treatment is regarded as part of international customary law: in other words, it is binding on all states, regardless of whether they have ratified any human rights instruments.
Gang prevention: An overview of research and programs. James C. Howell. (2010). Juvenile Justice Bulletin. US Department of Justice.
From the research bulletin by James C. Howell: This bulletin presents research on why youth join gangs and how a community can build gang prevention and intervention services. The author summarizes recent literature on gang formation and identifies promising and effective programs for gang prevention.
My brother was murdered and I support ending death penalty. Charisse Coleman. (2010). Charlotteobserver.com.
From the article by Charisse Coleman: Every time we talk about ending the death penalty in North Carolina, someone throws out the old question: What if someone in your family were murdered? How would you feel then? For most people, that ends the discussion. Not for me.
Diversion programs for Indigenous women. Lorana Bartels. (2010). Research in Practice no. 13. Canberra: Australian Institute of Criminology.
From the report by Lorana Bartels: This paper presents a brief overview of the key diversion programs for Indigenous women currently in operation in Australia, with reference to relevant developments in New Zealand and Canada.
A tale of three cities: Drugs, courts and community justice. Aubrey Fox (2010). Washington, DC: Bureau of Justice Assistance. U.S. Department of Justice.
From the report by Aubrey Fox: Inspired by drug courts, one of the most successful criminal justice innovations of the last quarter-century, the three innovative programs profiled below—one in Brooklyn, one in the Bronx, and the other in California—are all tackling the problem of drug addiction. Yet these courts have some important differences from drug court. This monograph highlights how new and innovative community courts are building on the drug court model, expanding the reach of problem-solving principles beyond specialized courtrooms and making a significant contribution to the fight against substance abuse.
Portugal's drug policy pays off; US eyes lessons. Barry Hatton & Martha Mendoza. (2010). The Kansas City Star.
From the article by Barry Hatton and Martha Mendoza: These days, Casal Ventoso is an ordinary blue-collar community - mothers push baby strollers, men smoke outside cafes, buses chug up and down the cobbled main street. Ten years ago, the Lisbon neighborhood was a hellhole, a "drug supermarket" where some 5,000 users lined up every day to buy heroin and sneaked into a hillside honeycomb of derelict housing to shoot up. In dark, stinking corners, addicts - some with maggots squirming under track marks - staggered between the occasional corpse, scavenging used, bloody needles.
Faith-based programming for offenders. Jodi Lane (2009). Victims & Offenders. 4(4): 327-333. [EN]
In February 2009, President Obama established the White House Office of Faith-Based and Neighborhood Partnerships, amending but also continuing former President Bush's governmental support of faith organizations and their work with people in need.
From preentry to reentry: An examination of the effectiveness of institutional and community-based sanctions. James M. Byrne & Karen Tusinski Miofsky. (2009) Victims & Offenders. 4(4): 348-356.
The following article examines the results of evidence-based reviews of what works in several areas, including the general and specific impact of prison and jail sentences, sentencing alternatives (or preentry strategies), and the recent proliferation of reentry initiatives.
Women's offending behavior: Evidence-based review of gender differences and gender responsive programs. Loretta J. Stalans. (2009). Victims & Offenders. 4(4): 405-411.
This article reviews major findings on gender differences in offending, recidivism, substance abuse, and program outcomes. It also discusses directions for future research.
Overview of prevention and intervention programs for juvenile offenders. Peter Greenwood & Susan Turner. (2009). Victims & Offenders. 4(4): 365-374. [EN]
This paper discusses ways to reduce juvenile delinquency.
Punishing processes in youth court: Procedural justice, court atmosphere and youths' views on legitimacy of the justice system. Carolyn Greene, et. al., (2010). Canadian Journal of Criminology and Criminal Justice. 52(5):527-544.
This study examined the effect of courtroom atmosphere on a defendant’s perception of the fairness of the criminal justice system.
Getting the facts straight about girls in the juvenile justice system. (2009). NCCD Center for Girls and Young Women.
From the factsheet by NCCD Center for Girls and Young Women: To fulfill one part of its mission, the Center for Girls and Young Women will present the public with an accurate account of girls in the juvenile justice system. Misconceptions abound regarding girls that are detained and incarcerated. Meaningful change is needed at the national, state, and local levels to prevent and respond appropriately to girls’ delinquency.
Community policing in Australia. Judy Putt (2010). AIC Research and Public Policy Series 111. Canberra: Australian Institute of Criminology.
From the research report edited by Dr. Judy Putt: The genesis of this report was a conference on policing in New Zealand in 2008, at which three of the report’s contributors gave presentations. In several subsequent meetings, it was agreed that their knowledge and experience should be brought together into a compilation of chapters on different aspects of community policing.
Unlocking value: How we all benefit from investing in alternative to prison for women offenders. Elis Lawlor, et. al. (2010). Measuring what matters series. 3. London: New Economics Foundation.
From the report by Eilis Lawlor, et. al: This report from nef (the new economics foundation) highlights how a criminal justice system focused on short–term cost control and narrow re–offending targets is letting women offenders down and costing more in the longer term
The Missouri Model: Reinventing the practice of rehabilitation youthful offenders. Richard A. Mendel (2010). Baltimore, Maryland: The Annie E. Casey Foundation.
From the report by Richard A. Mendel: A sea change is on the horizon in juvenile corrections. For more than a century, the predominant model for the treatment, punishment, and rehabilitation of serious youthful offenders has been static: confinement in a large, congregate-care correctional facility. While the labels assigned to these institutions have changed periodically over the years— reform school, training school, youth corrections facility—the institutions themselves have changed little. In most states, these institutions still house the bulk of all incarcerated youth and still consume the lion’s share of taxpayer spending on juvenile justice.
Improving the effectiveness of juvenile justice programmes: A new perspective on evidence-based practices. Mark W. Lipsey, et. al, (2010). Washington, DC: Georgetown University. Public Policy Institute. Center for Juvenile Justice Reform. [EN]
From the paper by Mark W. Lipsey, et. al: Juvenile justice systems in the United States have long struggled with the inherent tension between their role in meting out punishment for violations of law and their role as an authoritative force for bringing about constructive behavior change in the wayward youth who commit those violations. Our view is that the overarching and intertwined goals of juvenile justice should be ensuring public safety—protecting the public from any additional harm caused by juvenile offenders—and altering the life trajectories of those juveniles to not only reduce further criminal behavior but to improve their chances to prosper as productive citizens. Attaining those goals requires the capability to control behavior in the short term and the means to induce self-sustaining behavior change that will persist after youth are no longer under court supervision.
The impact of prosecuting youth in the adult criminal justice system: A review of the literature. (2010) UCLA School of Law Juvenile Justice Project. [EN]
From the paper by the UCLA School of Law Juvenile Justice Project: The juvenile justice system was founded with the goal to serve the best interests of the child, with an understanding that youth possessed different needs than adults. Transfer laws1 represent a departure from that traditional understanding of juvenile justice and are contrary to fundamental notions of justice. As the overwhelming majority of research studies show, the adult criminal justice system is ill-equipped to meet the needs of youth offenders at all stages of the process, from trial to sentencing options to incarceration. The findings of this literature review indicate that justice is not served by forcing juveniles through a system never intended to process youth and that transfer laws have exacerbated the problems they sought to address.
Children residing in prison with their parents: An example of institutional invisibility. Tarja Poso, et. al., (2010) The Prison Journal. 90(4): 516-533.
This article presents the results of a study on the position of a child in prison, residing with their parent, providing answers to the question whether residence in a prison can be in the child’s best interest.
Handbook on the crime prevention guidelines --Making them work. (2010) Criminal Justice Handbook Series. Vienna: United Nations Office on Drugs and Crime.
From the Handbook: All countries experience crime, violence and victimization. This may lead to some of the following situations: countries with high proportions of young men who are killed before they become adults; societies with families who lose a parent or have members in prison, who are living in poverty and without access to support or legitimate sources of income; neighbourhoods experiencing gang wars or where there seems to be little public protection and security; women who are subjected to violence in their homes, or who are at risk of sexual assault in public spaces; neighbourhoods where levels of crime and insecurity have led businesses and families to cut themselves off from other citizens and public life behind gates and using private security; and migrants and minority groups living in dilapidated and isolated areas or informal settlements and subject to racial harassment and victimization.
The Dedicated Drug Courts Pilot evaluation process study. Jane Kerr, et. al. (2011). Ministry of Justice Research Series. 1/11. London: Ministry of Justice.
From the report by Jane Kerr, et. al.: Six pilot Dedicated Drug Courts (DDCs) that specialised in dealing with offenders who misused drugs were introduced in magistrates’ courts in England and Wales from 2004.This process evaluation of the pilot Dedicated Drug Courts used both qualitative and quantitative methods to map the implementation of the DDC model and the factors underpinning the DDCs’ potential to reduce drug use and associated offending. The main implications of the research are as follows.
Why ask about family? A guide for Corrections. (2011). Vera Institute for Justice.
From the guide by Vera Institute for Justice: Working in corrections can be rewarding. But it is also extremely challenging. The daily demands don’t always leave room to think about the families of people who are in jail or prison. Yet families and other social supports can help individuals succeed while they are incarcerated and afterward, leading to better outcomes for the facility and greater public safety.
Good practice in women’s prisons: A literature review. Lorana Bartels & Antonette Gaffney. (2011). AIC Reports. Technical and Background Paper 41. Canberra: Australian Institute of Criminology. [EN]
From the paper by Lorana Bartels & Antonette Gaffney: In this paper, the literature concerning examples of good practice in women’s prison systems in Australia is reviewed. Key international developments are also considered, although it is acknowledged that the potential for transfer of such models may at times be limited.
The cost of public safety and who bears it. Kim Workman (2011). Presented at the Costs of Crime Conference -- Towards Fiscal Responsibility. 21 Feb 2011.
From the abstract of the paper: This paper considers important developments over recent years which have laid the foundations for a new approach to criminal justice policy; an approach in which economic analysis is becoming central. These developments include aspects of the policy debate on sentencing; the government’s commitment to evidence-­‐based policy; and the rise of the Justice Reinvestment movement.
What makes juvenile offenders different from adult offenders? Kelly Richards (2011). Trends & issues in crime and criminal justice. No. 409.
From the briefing paper by Kelly Richards: Until the mid-nineteenth century, there was no separate category of ’juvenile offender’ in Western legal systems and children as young as six years of age were incarcerated in Australian prisons (Cunneen & White 2007). It is widely acknowledged today, however, both in Australia and internationally, that juveniles should be subject to a system of criminal justice that is separate from the adult system and that recognises their inexperience and immaturity. As such, juveniles are typically dealt with separately from adults and treated less harshly than their adult counterparts.
“Tough on crime” a waste of time — let’s be effective instead. David Indermaur. (2011). The Conversation.
From the article by David Indermaur: Violent crime represents a tragedy on many different levels. After working in prisons for a few years I was convinced, as I think most of us would be, not only about the limitations of our response to crime but also how the tragedy of crime adds to the misery of those least able to cope with life.
Juvenile justice and street children. Theresa Kilbane (2011). Social Norms and Protection for Children from Violence Child Protection, Programme Division UNICEF, New York.
From the presentation by Theresa Kilbane: Street children are not a unified group. They are made up of individuals, each with their own history and dreams. They are usually not alone, they have family and peers. The reasons a child may be living on the street can vary. It could be a combination of family and community stressors, such as the absence of a parent or parents and other adult relatives; economic problems such as poverty, unemployment and homelessness. It could be from their own agency and choice. They may have migrated or immigrated. They face risks such as abuse and violence – from peers, from authorities, from those who discriminate against them, and from others who want to exploit them. To consider street children, one must recognize the complexities of driving, protective and inhibiting factors in the circumstances of street children, that there are differences between children, communities and countries.
Young people on remand in Victoria: balancing individual and community interests. Matthew Ericson & Tony Vinson. (2010). Richmond, VIC, Australia: Jesuit Social Services.
From the report by Matthew Ericson and Tony Vinson: The contemporary focus of remand policy and decisions in most jurisdictions now emphasises the risk of offending on bail with a commensurate increase in restrictive bail practices. By contrast, the purpose of bail was to prevent the unnecessary detention of a defendant before conviction. However, in response to public attitudes, the Australian state legislatures have gradually reduced judicial discretion over bail decisions since the 1970s. The broad international consensus favours reducing the use of pre-trial detention and, whenever possible, encouraging the use of alternative measures such as release on bail or personal recognizance. The aversion to pre-trial detention is based on a cornerstone of the international human rights regime: the presumption of innocence afforded to persons accused of committing a crime.
State of recidivism: The revolving door of America's Prisons. Pew Center on the States (2011). Washington, DC: The Pew Charitable Trusts.
From the report by the Pew Center on the States: The dramatic growth of America’s prison population during the past three decades is by now a familiar story. In 2008, the Pew Center on the States reported that incarceration levels had risen to a point where one in 100 American adults was behind bars. A second Pew study the following year added another disturbing dimension to the picture, revealing that one in 31 adults in the United States was either incarcerated or on probation or parole.
The high budgetary cost of incarceration. John Schmitt, et. al. (2010). Washington, DC: Center for Economic and Policy Research.
From the report by John Schmitt, et. al.: The United States currently incarcerates a higher share of its population than any other country in the world. The U.S. incarceration rate – 753 per 100,000 people in 2008 – is now about 240 percent higher than it was in 1980.
Capital punishment: Deterrent effects & capital costs. Jeffrey A. Fagan (2011). Columbia Law School
From the article by Jeffrey A. Fagan: Capital punishment stirs up fierce debate in the United States. In this essay, Professor Jeff Fagan questions research that supports the long-accepted view of the deterrent effect of capital punishment. States must also come to terms with the fact that each execution can cost between $2.5 million to $5 million, he writes, and ask themselves whether that money can be put to better law enforcement uses.
Rethinking the death penalty. Jennifer Grant. (2011). hermenutics.
From the article by Jennifer Grant: In March, the state of Illinois became the sixteenth state to abolish the death penalty. In his remarks after signing the bill, Governor Pat Quinn didn’t debate the morality of executing murderers. He didn’t discuss whether or not the death penalty deters heinous crimes. He didn’t even linger on the fact that all but fewer than 60 nations around the world reject capital punishment. No countries in Europe, except Belarus, practice it; other countries which continue to use the death penalty include Afghanistan, China, Cuba, Iran, Iraq, North Korea, and, of course, the United States.
Handbook on improving access to legal aid in Africa. UNODC (2011). Criminal Justice Handbook Series.
From the handbook:The right to legal aid in criminal cases is formally recognized in legal systems throughout the continent. Countries cite and draw upon regional and international human rights instruments to inform and incorporate that right in the national legislative framework. National constitutions are in general unequivocal about the right to legal representation in specific criminal cases. Variance exists in the express and operational definitions, scope of coverage and delivery of legal aid services across the continent. The Constitution of South Africa states that everyone who is detained, including every sentenced prisoner, has the right to have a legal practitioner assigned to the accused by the State, at State expense, if substantial injustice would otherwise result, and to be informed of this right. A similar provision, to be represented by a legal practitioner of his or her choice or where it is required in the interest of justice, to be provided with legal representation at the expense of the State and to be informed of these rights, appears in article 42.2f(v) of the Constitution of Malawi. Article 28(3) of the Constitution of Uganda limits the right to State-aided counsel to criminal cases with a possible sentence of death or life imprisonment. In Zambia, the Constitution mandates the definition of scope and eligibility to national legislation. Kenya, Rwanda and the Sudan have similar legal arrangements.
Administrative detention of children: A global report. Carolyn Hamilton, et. al. (2011). Discussion Paper. The Children's Legal Centre and UNICEF.
From the discussion paper by Carolyn Hamilton, et. al.: In 2009, the United Nations Children’s Fund estimated that there were around 1.1 million children deprived of their liberty by criminal courts worldwide. While judicial detention of children by courts is relatively well documented, little is known about the practice of administrative detention of children. Few publications address the issue and States do not regularly collect or collate statistical data on administrative detention. As a result, information on the extent to which children are exposed to different forms of administrative detention is sparse and discussions of the impact that such detention has on children rare.
Scaling up HIV-related legal services. Report of case studies: Ukraine, Kenya, and India. John Godwin (2010). Andemariam, Senai W (2011). International Development Law Organization (IDLO) and United Nations Joint Programme on HIV/AIDS (UNAIDS).
From the toolkit by John Godwin: The objective of this study was to analyse and describe HIV-related legal services in terms of their programmatic components and elements related to quality, monitoring, evaluation, capacity development and expansion of these services. Three services were analysed.
Caracterización de la población en prisión preventive en Chile. Ana María Morales Peillard, et. al, (2011). Santiago, Chile: Fundación Paz Ciudadana and Open Society Foundations.
Del documento por Ana María Morales Peillard, et. al: Este estudio se enmarca en una serie de actividades realizadas conjuntamente por Fundación Paz Ciudadana y Open Society Justice Iniciative1, destinadas a evaluar el estado actual del régimen de prisión preventiva en Chile2 con la finalidad de producir políticas públicas que den solución al aumento de la poblacióncarcelaria experimentado en los últimos años en el país.
2011 Compendium of re-offending statistics and analysis. Justice Statistics Analytical Services (2011). Ministry of Justice [UK] Statistics Bulletin.
From the bulletin: The main focus of this publication is on the relative effectiveness of different types of sentences and builds on the work of the 2010 Compendium of re-offending statistics and analysis released in November 2010 which showed the relative effectiveness of community sentences compared with short prison sentences.
Media toolkit for restorative justice organisations. Brunilda Pali (2010). Leuven: European Forum for Restorative Justice.
From the Toolkit by Brunilda Pali: This toolkit was prepared within the framework of the project Building social support for restorative justice, implemented by the European Forum for Restorative Justice (EFRJ) and the partner organisations, between April 2008 and April 2010, and co-financed by the European Commission.
Voting behind bars: An argument for voting by prisoners. Marc Mauer (2011). Howard Law Journal. 54(3):549-560.
From the article by Marc Mauer: This Essay makes the argument that felony disenfranchisement policies are inherently undemocratic no matter how applied, including for persons serving prison sentences. This Essay first presents an overview of the origins and impact of modern disenfranchisement practices. It then addresses the policy and philosophical concerns that are relevant in the particular case of prisoners’ voting rights.
Evaluation of the Intensive Alternatives to Custody pilot. Sarah Hansbury (editor). (2011). London: Ministry of Justice
From the report edited by Sarah Hansbury: The Intensive Alternatives to Custody (IAC) pilot programme ran from 2008/09 to 2010/11 to test the use of intensive community orders in diverting offenders from short-term custodial sentences.
Criteria for the design and evaluation of juvenile justice reform programmes. Interagency Panel on Juvenile Justice (2011). Vienna: United Nations Office on Drugs and Crime.
From the handbook: Evidence-based programming requires that programme outcomes be monitored and evaluated in order to determine whether the programme’s objectives have been achieved. It also requires that evaluation findings be reviewed and integrated into future programming and that good practices and lessons learned through the conduct of previous programmes be identified and taken into account in designing future interventions. In order to carry out all those steps, sound measuring techniques and processes and clear criteria for measuring programme outcomes are required.
Resolution, reinvestment, and realignment: Three strategies for changing juvenile justice. Jeffrey A. Butts & Douglas N. Evans (2011). New York: John Jay College of Criminal Justice.
From the report by Jeffrey A. Butts and Douglas N. Evans: As violent crime declined across the United states after 1995, the number of young offenders placed in secure correctional facilities also fell, but not in every state and not to the same degree. the crime rate and youth incarceration are not linked in the way that many people expect. Incarceration sometimes fluctuates in concert with crime rates and sometimes it does not. often, the two diverge entirely.
Child-friendly legal aid in Africa. Thomas F. Geraghty & Diane Geraghty. (2011). UNODC and UNICEF.
From the paper by Thomas F. Geraghty and Diane Geraghty: This paper explores the legal, policy, and practical issues involved in creating and maintaining “child‐friendly” legal aid programs in Africa.
Justicia Restaurativa en Bolivia por Ramiro Llanos Moscoso (Bolivia)
Un recuento histórico en relación a las cárceles nos muestra que hemos utilizado los calabozos y los lugares ófricos para el cumplimiento de penas, hemos repetido en Bolivia las cárceles de suplicio, manejadas sin ningún criterio técnico ni científico, los centros penitenciario solo sirvieron para acumular personas.
Alternative actions that work: A review of the research on police warnings and alternative actions with children and young people. Kaye McLaren (2010). Wellington: Police Youth Services Group, New Zealand Police.
From the report by Kaye McLaren: ‘Alternative Actions that Work’ is a review of research on ‘what works’ in Police Warnings and Alternative Actions with children and young people who offend. The emphasis of the review is on the practical implications for those in the field. ‘Alternative Actions that Work’ links high quality international research with each step of the Police youth Alternative Action and Warning processes in New Zealand.
New Zealand police pre-charge warnings alternative resolutions evaluation report. Justice O'Reilly. (2010). Wellington: New Zealand Police.
From the report by Justine O'Reilly: This is the final evaluation report of the pre-charge warning initiative operating across the Auckland Region since November 2009, following a pilot undertaken in Waitematä District.
No place for kids: The case for reducing juvenile incarceration. Richard A. Mendel (2011). Baltimore, MD: The Annie E. Casey Foundation.
From the report by Richard A. Mendel: For more than a century, the predominant strategy for the treatment and punishment of serious and sometimes not-so-serious juvenile offenders in the United States has been placement into large juvenile corrections institutions, alternatively known as training schools, reformatories, or youth corrections centers.
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