From Retribution to Public Safety


Book Description

Over the past fifty years, American criminal justice policy has had a nearly singular focus – the relentless pursuit of punishment. Punishment is intuitive, proactive, logical, and simple. But the problem is that despite all of the appeal, logic, and common sense, punishment doesn't work. The majority of crimes committed in the United States are by people who have been through the criminal justice system before, many on multiple occasions. There are two issues that are the primary focus of this book. The first is developing a better approach than simple punishment to actually address crime-related circumstances, deficits and disorders, in order to change offender behavior, reduce recidivism, victimization and cost. And the second issue is how do we do a better job of determining who should be diverted and who should be criminally prosecuted. From Retribution to Public Safety develops a strategy for informed decision making regarding criminal prosecution and diversion. The authors develop procedures for panels of clinical experts to provide prosecutors with recommendations about diversion and intervention. This requires a substantial shift in criminal procedure as well as major reform to the public health system, both of which are discussed in detail. Rather than ask how much punishment is necessary the authors look at how we can best reduce recidivism. In doing so they develop a roadmap to fix a fundamentally flawed system that is wasting massive amounts of public resources to not reducing crime or recidivism.




Criminal Justice at the Crossroads


Book Description

Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.




The Future of Crime and Punishment


Book Description

Today, we know that crime is often not just a matter of making bad decisions. Rather, there are a variety of factors that are implicated in much criminal offending, some fairly obvious like poverty, mental illness, and drug abuse and others less so, such as neurocognitive problems. Today, we have the tools for effective criminal behavioral change, but this cannot be an excuse for criminal offending. In The Future of Crime and Punishment, William R. Kelly identifies the need to educate the public on how these tools can be used to most effectively and cost efficiently reduce crime, recidivism, victimization and cost. The justice system of the future needs to be much more collaborative, utilizing the expertise of a variety of disciplines such as psychology, psychiatry, addiction, and neuroscience. Judges and prosecutors are lawyers, not clinicians, and as we transition the justice system to a focus on behavioral change, the decision making will need to reflect the input of clinical experts. The path forward is one characterized largely by change from traditional criminal prosecution and punishment to venues that balance accountability, compliance, and risk management with behavioral change interventions that address the primary underlying causes for recidivism. There are many moving parts to this effort and it is a complex proposition. It requires substantial changes to law, procedure, decision making, roles and responsibilities, expertise, and funding. Moreover, it requires a radical shift in how we think about crime and punishment. Our thinking needs to reflect a perspective that crime is harmful, but that much criminal behavior is changeable.




Defund Fear


Book Description

A groundbreaking new vision for public safety that overturns more than 200 years of fear-based discrimination, othering, and punishment As the effects of aggressive policing and mass incarceration harm historically marginalized communities and tear families apart, how do we define safety? In a time when the most powerful institutions in the United States are embracing the repressive and racist systems that keep many communities struggling and in fear, we need to reimagine what safety means. Community leader and lawyer Zach Norris lays out a radical way to shift the conversation about public safety away from fear and punishment and toward growth and support systems for our families and communities. In order to truly be safe, we are going to have to dismantle our mentality of Us vs. Them. By bridging the divides and building relationships with one another, we can dedicate ourselves to strategic, smart investments—meaning resources directed toward our stability and well-being, like healthcare and housing, education and living-wage jobs. This is where real safety begins. Originally published in hardcover as We Keep Us Safe: Building Secure, Just, and Inclusive Communities, Defund Fear is a blueprint of how to hold people accountable while still holding them in community. The result reinstates full humanity and agency for everyone who has been dehumanized and traumatized, so they can participate fully in life, in society, and in the fabric of our democracy.




Confronting Underground Justice


Book Description

Plea negotiation is rife with due process concerns, including a heightened risk of coerced pleas, ignoring mens rea, serious questions about assistance of counsel, limited discovery and little litigation of the evidence, the conviction of innocent defendants and significant questions about fairness and equity. Plea negotiation is also the fast track to criminal conviction, tough punishment, and mass incarceration. From the perspective of public policy, plea negotiation perpetuates a harm based, retribution focused system of crime and punishment. Because of the failures of public health, the justice system has become a dumping ground for hundreds of thousands of mentally ill, substance addicted and abusing, and neurocognitively impaired offenders. And because of a tough on crime mentality and lack of information and options, the justice system routinely prosecutes and punishes these offenders. The evidence is quite clear that punishment does nothing to improve these circumstances and often exacerbates them. The result, as one would predict, is extraordinarily high rates of reoffending, propelling the revolving door of the justice system. Confronting Underground Justice takes a close look at plea negotiation, criminal prosecution, public defense, and pretrial justice systems and identifies a wide variety of problems and concerns with each. William R. Kelly and Robert Pitman provide key decision makers with the tools to make better, more informed decisions regarding pre-trial detention, prosecution and plea deals, criminal defense, and diversion to treatment. Critical to this effort is redefining roles, responsibilities and the culture of criminal justice by prosecutors, judges and defense counsel accepting responsibility for reducing recidivism and embracing problem solving as a primary decision making strategy. Kelly and Pitman combine decades of academic research and policy expertise, with real world experience in the court system, as a judge and prosecutor to develop innovative and comprehensive reform. Confronting Underground Justice provides a prescriptive roadmap for how to fundamentally reinvent plea negotiation, pre-trial decision making, criminal prosecution and public defense to effectively reduce recidivism and save money.




Forgiveness and Remembrance


Book Description

The theme of Forgiveness and Remembrance is the complex moral psychology of forgiving and remembering in both personal and political contexts. It offers an original account of the moral psychology of interpersonal forgiveness and explores its role in transitional societies. The book also examines the symbolic moral significance of memorialization in these societies and reflects on its relationship to forgiveness.




Out-of-Control Criminal Justice


Book Description

This book shows how to reduce out-of-control criminal justice and create greater public safety, justice, and accountability at less cost.







A Theory of Legal Punishment


Book Description

This book argues for a mixed theory of legal punishment that treats both crime reduction and retribution as important aims of the state. A central question in the philosophy of law is why the state’s punishment of its own citizens is justified. Traditionally, two theories of punishment have dominated the field: consequentialism and retributivism. According to consequentialism, punishment is justified when it maximizes positive outcomes. According to retributivism, criminals should be punished because they deserve it. This book recognizes the strength of both positions. According to the two-tiered model, the institution of punishment and statutory penalties, as set by the legislature, are justified based on their costs and benefits, in terms of deterrence and rehabilitation. The law exists to preserve the public order. Criminal courts, by contrast, determine who is punished and how much based on what offenders deserve. The courts express the community’s collective sense of resentment at being wronged. This book supports the two-tiered model by showing that it accords with our moral intuitions, commonly held (compatibilist) theories of freedom, and assumptions about how the extent of our knowledge affects our obligations. It engages classic and contemporary work in the philosophy of law and explains the theory’s advantages over competing approaches from retributivists and other mixed theorists. The book also defends consequentialism against a longstanding objection that the social sciences give us little guidance regarding which policies to adopt. Drawing on recent criminological research, the two-tiered model can help us to address some of our most pressing social issues, including the death penalty, drug policy, and mass incarceration. This book will be of interest to philosophers, legal scholars, policymakers, and social scientists, especially criminologists, economists, and political scientists.




The Politics of Retribution in Europe


Book Description

The presentation of Europe's immediate historical past has quite dramatically changed. Conventional depictions of occupation and collaboration in World War II, of wartime resistance and post-war renewal, provided the familiar backdrop against which the chronicle of post-war Europe has mostly been told. Within these often ritualistic presentations, it was possible to conceal the fact that not only were the majority of people in Hitler's Europe not resistance fighters but millions actively co-operated with and many millions more rather easily accommodated to Nazi rule. Moreover, after the war, those who judged former collaborators were sometimes themselves former collaborators. Many people became innocent victims of retribution, while others--among them notorious war criminals--escaped punishment. Nonetheless, the process of retribution was not useless but rather a historically unique effort to purify the continent of the many sins Europeans had committed. This book sheds light on the collective amnesia that overtook European governments and peoples regarding their own responsibility for war crimes and crimes against humanity--an amnesia that has only recently begun to dissipate as a result of often painful searching across the continent. In inspiring essays, a group of internationally renowned scholars unravels the moral and political choices facing European governments in the war's aftermath: how to punish the guilty, how to decide who was guilty of what, how to convert often unspeakable and conflicted war experiences and memories into serviceable, even uplifting accounts of national history. In short, these scholars explore how the drama of the immediate past was (and was not) successfully "overcome." Through their comparative and transnational emphasis, they also illuminate the division between eastern and western Europe, locating its origins both in the war and in post-war domestic and international affairs. Here, as in their discussion of collaborators' trials, the authors lay bare the roots of the many unresolved and painful memories clouding present-day Europe. Contributors are Brad Abrams, Martin Conway, Sarah Farmer, Luc Huyse, László Karsai, Mark Mazower, and Peter Romijn, as well as the editors. Taken separately, their essays are significant contributions to the contemporary history of several European countries. Taken together, they represent an original and pathbreaking account of a formative moment in the shaping of Europe at the dawn of a new millennium.