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Annual Editions: Criminal Justice, 38/e
What Is the Sequence of Events in the Criminal Justice System?, Report to the Nation on Crime and Justice, Bureau of Justice Statistics, January 1998
This report reveals that the response to crime is a complex process, involving citizens as well as many agencies, levels, and branches of government.
Our Dangerous Devotion to Eyewitness Testimony, Patricia J. Williams, The Nation, January 18, 2012
Despite a century’s worth of psychological and sociological studies revealing that witnesses misperceive a startling percentage of the time, eye witness testimony is viewed as the ne plus ultra for the prosecution in criminal cases. Error rates can be as high as fifty percent, a frightening statistic given that many convictions may be based on such testimony.
Maze of Gun Laws in U.S. Hurts Gun Control Efforts, Eileen Sullivan, AP, January 25, 2013
An Associated Press analysis found that there are thousands of laws, rules and regulations regarding guns at the local, county, state and federal levels. The laws and rules vary by state, and even within states, according to a 2011 compilation of state gun laws by theBureau of Alcohol, Tobacco, Firearms and Explosives.
The Cyber Terror Bogeyman, Peter W. Singer, Armed Forces Journal, November 2012
So far, what terrorists have accomplished in the realm of cyber terrorism doesn’t match our fears, their dreams or even what they have managed through traditional means. By looking at how terror groups actually use the Internet, rather than fixating on nightmare scenarios, we can properly prioritize and focus our efforts.
Two Powerful Signals of a Major Shift on Crime, Charlie Savage and Erica Goode, The New York Times, August 12, 2013
Attorney General Holder announced that federal prosecutors would no longer invoke mandatory minimum sentence laws for low-level drug offenses, and a federal judge found that stop-and- frisk practices in New York City were unconstitutional racial profiling.
Telling the Truth about Damned Lies and Statistics, Joel Best, The Chronicle of Higher Education, May 4, 2001
We should not ignore all statistics or assume that every number is false. Some statistics are bad, but others are useful. Joel Best thinks that we need good statistics to talk sensibly about social problems.
California Accuses JPMorgan Chase of Unlawful Debt Collection Practices, Don Thompson, Associated Press May 9, 2013
Among other things, the lawsuit against the bank alleges it failed to properly notify its customers that debt-collection lawsuits had been filed against them, even though it said that they had been served with court papers as required by law. It is also alleged that its officials routinely swore that the bank’s customers were not on active military duty, without actually checking if that was true, resulting in members of the military being deprived of proper legal protections.
22 Years of Promises, Nancy Montgomery, Stars and Stripes, September 19, 2013
Advocates for victims of sexual abuse in the military have for years called for changes in the way military sexual assault is handled. And the nation’s top military officers recently told Congress that the chain of command was crucial to curbing sexual assault in the services. But the message is not a new one; they have been saying the same thing for nearly 2 decades—sometimes using remarkably similar language.
University of Montana Rape Reports Botched, U.S. Finds, Ryan J. Reilly, Huffington Post, May 9, 2013
A campus police officer reported that one woman who said she was physically and sexually assaulted “did not appear visibly upset” and wrote that she did “appear somewhat angry and agitated,” according to a Justice Department report on how sexual assault complaints were handled by the school. The report said the officer appeared to have relied on “unwarranted gender-based assumptions and stereotypes” and failed to note any of the woman’s physical injuries, only her alcohol-scented breath.
Human Sex Trafficking, Amanda Walker-Rodriquez, J.D, and Rodney Hill, J.D., FBI Law Enforcement Bulletin, March 2011
The United States not only faces an influx of international victims but also has its own homegrown problem of interstate sex trafficking of minors. Among the children and teens living on the streets in the United States, involvement in commercial sex activity is a problem of epidemic proportion.
The Changing Environment for Policing, 1985-2008, David H. Bayley and Christine Nixon, New Perspectives in Policing, NIJ, September 2010
What are the differences in the environment for policing between now and 1985–1991? Are the problems similar or different from one period to the next? Police today are considered to be performing well, but this assessment may be mistaken because the institutions that provide public safety are changing in profound ways that are not being recognized.
Judge Rejects New York’s Stop-and-Frisk Policy, Joseph Goldstein, The New York Times, August 12, 2013
A federal judge has ruled that the NYPD has for years been systematically stopping innocent people in the street without any objective reason to suspect them of wrongdoing. Often, these people, usually young minority men, were frisked for weapons or their pockets searched for contraband before letting them go. She found that people are targeted for stops based more on racism than on objectively founded suspicion.
Cameras On Cops: Stop-And-Frisk Ruling’s NYPD Accountability Plan Worked in California, Patrick Wall, Jeff Mays and James Fanelli, The Huffington Post, August 13, 2013
The NYPD opposed court-ordered plans to equip its patrol cops with video cameras, but a study shows that it’s a policy worth greenlighting. As part of a study, the tiny town of Rialto, California’s police department equipped its officers with small cameras that recorded their interactions with civilians. The findings may prove useful for New York City.
Understanding the Psychology of Police Misconduct, Brian D. Fitch, PhD, The Police Chief, January 2011
Law enforcement agencies go to great lengths to recruit, hire, and train only the most qualified applicants, and most officers support the agency, its values, and its mission, performing their duties ethically while avoiding any misconduct or abuse of authority. Yet, despite the best efforts of organizations everywhere, it seems that one does not have to look very far to find examples of police misconduct.
Dog Sniff Unconstitutional? Supreme Court Rules Drug Dog Sniffs Constitute Illegal Search, Jesse J. Holland, Associated Press, March 26, 2013
The Supreme Court ruled that police cannot bring drug-sniffing police dogs onto a suspect’s property to look for evidence without first getting a warrant for a search, a decision which may limit how investigators use dogs’ sensitive noses to search out drugs, explosives and other items hidden from human sight, sound and smell.
“I Did It”: Why Do People Confess to Crimes They Didn’t Commit?, Robert Kolker, New York Magazine, 10/15/2010
In the criminal justice system, nothing is more powerful than a confession; no other form of evidence is as convincing to a jury. We count on the integrity of the police and safeguards like Miranda rights to prevent abuses, and we take it on faith that innocent people would never confess to crimes they haven’t committed. But they do.
In Miranda Case, Supreme Court Rules on the Limits of Silence, David G. Savage, latimes.com, June 17, 2013
A Texas man sat silent when a police officer asked him about shotgun shells that were found at the scene of a double slaying, shells that had been traced to the suspect’s shotgun. At trial, prosecutors pointed to the defendant’s silence as evidence of his guilt. The Court upheld his conviction, saying the Constitution “does not establish an unqualified ‘right to remain silent.”’
Neuroscience in the Courtroom, Michael S. Gazzaniga, Scientific American, April 2011
Brain scans and other types of neurological evidence are rarely a factor in trials today. Someday, however, they could transform judicial views of personal credibility and responsibility. The greatest influence of brain science on the law may eventually come from deeper understanding of the neurological causes of antisocial, illegal behaviors.
Torturer’s Apprentice, Cullen Murphy, The Atlantic, January/February 2012
Torture as a tool of jurisprudence was little known in the darkest part of the Dark Ages. The ability of human beings to discover the truth was thought to be limited, thus the reliance on an all-knowing God. Then the late-medieval revolution in legal thinking took the pursuit of justice out of God’s hands and put it into the hands of human beings. But in the absence of a confession, what form of questioning can properly be applied to induce one?
Lasting Damage: A Rogue Prosecutor’s Final Case, Joaquin Sapien, ProPublica, April 5, 2013
Now 36, Tyronne Johnson has spent the last 13 years behind bars, but his lawyers maintain he never received a fair trial. Because of misconduct by the prosecutor, the Queens D.A. agreed to have Johnson’s first conviction vacated, saying that A.D.A. Stuart’s conduct could not “be condoned”. After his second trial, the judge’s law clerk alleged that the judge coached the prosecution in private discussions during the trial.
U.S. Reviewing 27 Death Penalty Convictions for FBI Forensic Testimony Errors, Spencer S. Hsu, The Washington Post, July17, 2013
An unprecedented federal review of old criminal cases has uncovered as many as 27 death penalty convictions in which FBI forensic experts may have mistakenly linked defendants to crimes with exaggerated scientific testimony. Authorities have known for years that flawed forensic work by FBI hair examiners may have led to convictions of potentially innocent people.
Freed Amid Scandal, They Soon Found Trouble Again, William Frothingham and Scott Allen, The Boston Globe, August 25, 2013
One year after the public first learned about the alleged misdeeds of a state chemist, more than 600 defendants have had convictions against them erased or temporarily set aside, or they’ve been released on bail pending a new trial. Of those, at least 83 have been re-arrested and 16 have been arrested more than once for crimes ranging from possessing a pound of cocaine to vandalizing cars.
Violence in Adolescent Dating Relationships, Ernest N. Jouriles, Cora Platt, and Renee McDonald, The Prevention Researcher, February 2009
The teenage years mark a time in which romantic relationships begin to emerge and these relationships can serve a number of positive functions. However, for many juveniles, there is a darker side: dating violence.
Juvenile Recidivism—Measuring Success or Failure: Is There a Difference?, Colette S. Peters and Shannon Myrick, Corrections Today, February/March 2011
Recidivism reveals whether juvenile offenders who leave custody go on to lead crime-free lives, but not whether they lead productive crime-free lives. Recidivism does not measure whether these young adults demonstrate successful pro-social behavior and contribute in a positive way to their communities.
Calculating “Return On Mission”: Music as Medicine for Imprisoned Boys, Stephanie Ormston, Huffington Post, July 23, 2013
Measuring success is an open-ended question where everyone has their own answer. There have been countless stories about mismanagement of non-profits, yet some organizations continue to receive donations, despite gross mismanagement and lack of impact. Genuine Voices, a non-profit program that needs to prove it works before it can secure more funding, is making a difference in the lives of children in juvenile detention centers in the Boston area.
Juvenile Confinement in Context, Richard A. Mendel, American Educator, Summer 2012
America’s reliance on juvenile incarceration is unique among the world’s developed nations. Though juvenile violent crime arrest rates are only marginally higher in the U.S. than in many other nations, America’s youth custody rate (including youth in both detention and correctional custody) was 336 of every 100,000 youth in 2002 - nearly 5 times the rate of the next highest nation.
Whither Young Offenders? The Debate Has Begun, Trey Bundy, The New York Times, January 22, 2011
A former Fresno gang member spent two years inside California’s juvenile prison system and he said that, instead of rehabilitating young offenders, correctional officers spent most of their time separating rival gangs. In recent years, some local judges often refused to send young offenders to state institutions, preferring to confine them in county facilities regarded as safer and more effective.
Preventing Future Crime With Cognitive Behavioral Therapy, Patrick Clark, NIJ Journal, April 2010
One form of psychotherapy stands out in the criminal justice system. Cognitive behavioral therapy reduces recidivism in both juveniles and adults; it has been found to be effective with substance abusing and violent offenders; and probationers, prisoners and parolees. Therapeutic approaches based on counseling, skill building and multiple services had the greatest impact in reducing further criminal behavior.
No Remorse, Rachel Aviv, The New Yorker, January 2, 2012
In Michigan, as in many states, prosecutors can try defendants older than age 14 in adult court without a hearing, a statement of reasons, or an investigation into the child’s background. The decision cannot be reviewed or appealed. This allows prosecutors to bypass the juvenile justice system, which was built upon the premise that youths are still malleable, in need of the state’s protection, and uniquely capable of rehabilitation.
Why Jonathan McClard Still Matters, excerpted from a speech given by Gabrielle Horowitz-Prisco, Correctional Association of New York, July 12, 2013
Jonathan was a seventeen year old boy who committed suicide by hanging in an adult facility as he was awaiting transfer to a notoriously abusive adult prison. His mother described the changes she observed in his appearance as he spent time in adult facilities and she described her powerlessness to get her son out of what she knew was a life-threatening situation.
Bring Back the Lash: Why Flogging is More Humane Than Prison, Peter Moskos, Washington Monthly, May/June 2011
Is flogging too cruel to contemplate? If so, given the hypothetical choice between prison and flogging, why would you choose flogging. Perhaps it’s not as crazy as you thought. As ugly as it may seem, corporal punishment would be an effective and comparatively humane way to bring our prison population back in line with world standards.
The Torture of Solitary, Stephanie Elizondo Griest, The Wilson Quarterly, Spring 2012
Solitary confinement, once regarded as a humane method of rehabilitation, unravels the mind. Yet today, more than 25,000 U.S. prisoners languish in isolated cells.
The F.B.I. Deemed Agents Faultless in 150 Shootings, Charlie Savage and Michael S. Schmidt, The New York Times, June 18, 2013
From 1993 to early 2011, F.B.I. agents fatally shot about 70 “subjects” and wounded about 80 others, and every one of those episodes was deemed justified. In most of the shootings, the F.B.I.’s internal investigation was the only official inquiry, and occasionally the F.B.I. does discipline an agent, a typical punishment involved adding letters of censure to agents’ files.
Gaming the System: How the Political Strategies of Private Prison Companies Promote Ineffective Incarceration Policies, Justice Policy Institute, October, 2011
As revenues of private prison companies have grown over the past decade, they have had more resources with which to build political power, and they have used this power to promote policies that lead to higher rates of incarceration. By making direct monetary contributions to political campaigns for elected officials, private prison companies can attempt to shape the debate around the privatization of prisons and criminal justice policy.
Prison Re-entry Programs Help Inmates Leave the Criminal Mindset Behind, but Few Have Access to the Classes, Cindy Chang, The Times-Picayune, May 19, 2012
In Louisiana more than half the prison inmates serve out their time in the custody of a sheriff, often so the sheriff can make a profit. These are the very people who will soon be back on the streets. And, while all inmates leaving state prisons receive some version of a 10-week re-entry program and state inmates can learn trades, most inmates in local prisons are not even getting the basic re-entry curriculum, let alone new skills that could help them land a decent job.
War On Drugs Failure Gives Way To Treatment In States, Cities, Saki Knafo, Huffington Post, August 22, 2013
With the approval of Seattle prosecutors and politicians, police began directing repeat drug offenders to social-service workers who offered to help them pay for rent and school and referred them to business owners who were willing to hire people with criminal backgrounds. The police weren’t entirely hopeful about the strategy, but their doubts are giving way to a growing confidence that they’re onto something significant.
Addressing Gender Issues Among Staff in Community Corrections, Kelli D. Stevens, Corrections Today, Vol. 72, No. 5, October 2010
The number of women under correctional supervision has increased significantly during the past several decades, but the policies addressing the criminality of women and how they are treated in the criminal justice system have not kept pace. And, while community corrections organizations are actively addressing the needs of female offenders, they are still struggling to meet the needs of female professionals working in the field.
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