Sandra G. Mayson

Police, prosecutors, judges, and other criminal justice actors increasingly use algorithmic risk assessment to estimate the likelihood that a person will commit future crime. As many scholars have noted, these algorithms tend to have disparate racial impacts. In response, critics advocate three strategies of resistance: (1) the exclusion of input factors that correlate closely with race; (2) adjustments to algorithmic design to equalize predictions across racial lines; and (3) rejection of algorithmic methods altogether. This Article’s central claim is that these strategies are at best superficial and at worst counterproductive because the source of racial inequality in risk assessment lies neither in the input data, in a particular algorithm, nor algorithmic methodology per se. The deep problem is the nature of prediction itself. All prediction looks to the past to make guesses about future events. In a racially stratified world, any method of prediction will project the inequalities of the past into the future. This is as true of the subjective prediction that has long pervaded criminal justice as it is of the algorithmic tools now replacing it. Algorithmic risk assessment has revealed the inequality inherent in all predictions, forcing us to confront a problem much larger than the challenges of a new technology. Algorithms, in short, shed new light on an old problem. Ultimately, the Article contends, redressing racial disparity in prediction will require more fundamental changes in the way the criminal justice system conceives of and responds to risk. The Article argues that criminal law and policy should, first, more clearly delineate the risks that matter and, second, acknowledge that some kinds of risk may be beyond our ability to measure without racial distortion—in which case they cannot justify state coercion. Further, to the extent that we can reliably assess risk, criminal system actors should strive whenever possible to respond to risk with support rather than restraint. Counterintuitively, algorithmic risk assessment could be a valuable tool in a system that supports the risk.

Yale L. J. 2218 (2019) Yale Law Review,

By Lila Kazemian

This paper reviews the empirical literature on desistance from crime among adolescents and adults and the factors that explain (dis)continuity in criminal behavior in the transition to adulthood. It also highlights the implications of this knowledge base for various criminal justice agencies. Drawing on the research literature and relevant theoretical frameworks, the paper offers nine key recommendations on desistance-promoting criminal justice policy and practice.  Our criminal justice interventions would benefit from a paradigm shift that expands from an exclusive focus on recidivism to the consideration of positive outcomes that may result in reduced involvement in crime. Program evaluations that prescribe to this new paradigm should: (a) integrate the well-established fact that desistance from crime occurs gradually and that setbacks are to be expected; (b) consider changes in individual and social outcomes in addition to behavioral measures; (c) offer a balanced assessment of both failure and success outcomes and invest resources in tracking progress before, during, and after any given intervention; and (d) provide incentives for success. Biosocial research has suggested that from a cognitive perspective, emerging adults (18-24 years old) may resemble adolescents more than adults. It would then be logical to extend assumptions about reduced culpability to individuals up to the age of 24. Young adult courts are an example of such an accommodation. The age crime curve confirms that most individuals are likely to give up crime during emerging adulthood; in many cases, criminal justice processing during this period may be counterproductive and might delay the process of desistance from crime that would otherwise occur naturally. Prosecutors play a key role in fostering desistance by avoiding further processing for individuals who do not pose a significant threat to public safety. Longer prison sentences are not effective in promoting desistance from crime and reducing recidivism. Confinement disrupts the desistance process in many ways, and it should be used only as a last recourse. When possible, jurisdictions should favor alternatives to confinement for both juveniles and adults. Few individuals remain active in crime after the age of 40. Barring exceptional circumstances for those who pose a clear threat to public safety, there is no empirical basis for incarcerating individuals for decades past mid-adulthood. Because the decision to give up crime is regarded as a gradual process rather than an abrupt event, preparation for release from confinement should ideally begin early in the sentence for those cases where incarceration is deemed necessary. Individuals can make constructive use of their time in prison if they can find meaning to their sentence, get to the root of the reasons that brought them to prison in the first place, and develop a plan for their return to society. These are essential components of the desistance and reintegration processes. Interactions with law enforcement may disrupt desistance in many ways that are not necessarily well understood by officers. Given that most initial contacts with law enforcement do not result in further criminal justice processing, arrests that do not lead to a conviction constitute a poor measure of criminal behavior and may create unnecessary stigma that hampers the desistance process. This stigma disproportionately affects individuals belonging to socially marginalized groups. Convictions or incarcerations may be more valid indicators of official crime. The stigma of a criminal record has enduring effects on the ability to successfully reintegrate into society. Expungement laws can help offset some of the negative consequences of the stigma of a criminal record. The mere prevalence of past offending is insufficient to assess the future risk of reoffending. We need to account for other dimensions of the criminal record, including the recency and intensity of involvement in past crimes. Housing and employment policies that adopt a blanket ban against individuals with a criminal record cannot be justified based on public safety concerns and are detrimental to the process of desistance from crime. 8. 9. Many state and local jurisdictions have developed promising initiatives and interventions that draw on principles of the desistance paradigm, but few have been rigorously evaluated. Partnerships between policymakers, practitioners, and academics are crucial to conducting more systematic assessments. We also need to better understand whether the level of responsiveness to any given intervention varies across demographic groups (specifically age and gender), criminal history characteristics, and histories of trauma. Efforts to promote desistance from crime are not the sole responsibility of one agency. The most promising desistance-promoting policies and practices rely on ongoing partnerships between the various agents of the criminal justice system and community resources, including law enforcement, prosecution, corrections, and community organizations.    

(Washington, DC: U.S. Department of Justice, National Institute of Justice, 2021), NCJ 301497. 2021. 38p.

By Mary Catlin, David Wilson, Allison D. Redlich, Talley Bettens, Christian Meissner, Sujeeta Bhatt, Susan Brandon

Background

False confessions are often the product of an interrogation process, and the method by which an interrogation is conducted likely affects both the rate of truthful confessions and false confessions. An optimal interrogation method will maximize the former and minimize the latter.

Objectives

The current study was a partial update and extension of Meissner and colleagues' (2012) prior Campbell systematic review titled Interview and Interrogation Methods and their Effects on True and False Confessions. Our objective was to assess the effects of the interrogation approach on the rates of true and false confessions for criminal (mock) suspects.

Search Methods

PsycINFO, Criminal Justice Abstracts, and 15 other databases were searched starting October 20, 2022, with the final search conducted on May 23, 2023; together with reference checking, citation searching, and contact with authors to identify additional studies.

Selection Criteria

All eligible studies experimentally manipulated interrogation approaches (i.e., accusatorial, information-gathering, or direct questioning) were conducted with mock suspects accused of wrongdoing where ground truth was known and included information about confession rates.

Data Collection and Analysis

We used standard methodological procedures expected by The Campbell Collaboration for our selection of studies and data collection. However, we developed our own risk of bias items and analyzed our data using network meta-analysis methods. Data were synthesized via random-effects network meta-analysis based on the logged odds ratio.

Main Results

Across the 27 research articles that provided statistical information sufficient to calculate an effect size, 29 individual studies provided a total of 81 effect sizes. Most studies were conducted with college students in the United States. Overall, our risk of bias assessment indicated that authors generally adhered to double-blind procedures and avoided selective reporting of outcomes. Of note, however, it was often unclear how violations of the randomization process were dealt with.

For true confessions, there were 12 studies estimating the effect between accusatorial and direct questioning, five estimating the effect between information-gathering and direct questioning, and another five estimating the effect between accusatorial and information-gathering. Compared to information-gathering, on average, the accusatorial conditions observed fewer true confessions, although not statistically significant (combined OR = 0.55, 95% CI 0.29, 1.05). The largest effects were between information-gathering and direct questioning, with the former producing significantly more true confessions on average (combined OR = 2.43, 95% CI 1.29, 4.59). This model showed good consistency between the direct and indirect effects.

For false confessions, there were 20 studies estimating the effect between accusatorial and direct questioning, 4 studies estimating the effect between information-gathering and direct questioning, and 7 estimating the effect between accusatorial and information-gathering. On average, accusatorial conditions yielded more false confessions than direct questioning (combined OR = 3.03, 95% CI 1.83, 5.02) or information-gathering (combined OR = 4.41, 95% CI 1.77, 10.97), both of which are statistically significant. In contrast, direct questioning and information-gathering had roughly similar rates of false confessions with nonsignificant and small effects that slightly favored information-gathering (combined OR = 0.69, 95% CI 0.27, 1.78). This model showed good consistency between the direct and indirect effects.

For true confessions under a six-node model, most of the direct, indirect, and combined network estimated mean odds ratios were not statistically significant. The only significant effects were for (1) information-gathering versus direct questioning, with the former resulting in more true confessions (combined OR = 2.57, 95% CI 1.38, 4.78); and (2) accusatorial-evidence ploy versus information-gathering with the former resulting in fewer true confessions (combined OR = 0.37, 95% CI 0.16, 0.84).

For false confessions under a six-node model, we found significant effects for (1) accusatorial-evidence ploys versus direct questioning, with the former resulting in more false confessions (combined OR = 2.98, 95% CI 1.59, 5.59); (2) accusatorial-evidence ploys versus information-gathering, with the former resulting in more false confessions (combined OR = 4.47, 95% CI 1.46, 13.68); (3) accusatorial-other versus direct questioning, with the former resulting in more false confessions (combined OR = 3.12, 95% CI 1.37, 7.10); (4) accusatorial-other versus information-gathering, with the former resulting in more false confessions (combined OR = 4.67, 95% CI 1.61, 13.55); and (5) information-gathering versus minimization, with the latter resulting in more false confessions (combined OR = 0.25, 95% CI = 0.08, 0.83). No other combined effects were significant. This model should be interpreted cautiously, however, as the Q statistics raised concerns regarding model consistency.

Author's Conclusions

Overall, results support calls for reforming policies related to interviewing and interrogation practices to prohibit the use of accusatorial approaches and require the adoption of science-based approaches.

Campbell Systematic Reviews Volume 20, Issue 4 December 2024

By The Texas Sunset Advisory Commission

 As the criminal justice system works through the final lingering effects of the COVID-19 pandemic on court backlogs, the Texas Department of Criminal Justice (TDCJ) along with the other adult criminal justice entities subject to this Sunset review — the Board of Pardons and Paroles (BPP), Windham School District, and Correctional Managed Health Care Committee — are once again at a critical point. This Sunset review occurred in the context of TDCJ’s systemwide prison lockdown due to unprecedented levels of contraband and violence and inmate population projections that exceed TDCJ’s operational capacity, raising basic questions about TDCJ’s ability to handle its current and future realities. The state’s criminal justice entities are confronting serious challenges in executing their mission to safely confine, supervise, and provide services for adults convicted of certain crimes in Texas. This Sunset review therefore seeks to best position TDCJ and its counterparts so that they are able to prevent current problems from becoming unmanageable, widespread crises in the coming years. While the sheer size and complexity of Texas’ sprawling prison system is unique, TDCJ faces the same national trend as its peers in other states — hiring people to work in corrections is difficult. The Legislature and TDCJ have long recognized correctional officers, who play a vital frontline role overseeing Sunset seeks to position TDCJ to be able to prevent problems from becoming widespread crises. incarcerated adults, as deserving of additional attention and resources for recruitment and retention. Yet the uncomfortable reality the Sunset review found is some of Texas’ prisons are located in places where hiring sufficient correctional staff is nearly impossible. As that reality is unlikely to change, TDCJ is forced to spend significantly on transporting staff around the state and maintaining facilities that hold thousands of vacant, unusable beds. Furthermore, while difficulty hiring correctional staff isn’t unique to this state, the agency has not done enough to mitigate this problem. Serious and systemic deficiencies in human resources functions, which form the backbone of effective agency operations, contribute to agencywide hiring and retention problems, with more than half of TDCJ divisions at a vacancy rate of at least 20 percent in fiscal year 2023. This staffing crisis extends to parole officers who supervise releasees in Texas communities and several other critical divisions. Ultimately, the Sunset review found TDCJ must concurrently plan for the future to locate or expand facilities in places where the agency can adequately staff them while also greatly improving internal human resources functions and processes to retain existing staff. T he Sunset review also found TDCJ to be in significant need of modernization, as decades-old technology and paper-based and manual processes limit the agency’s ability to effectively and efficiently leverage its $3.9 billion annual budget. But the lack of modernization is not limited to technology. Without better strategic planning and data practices, the agency will continue to reactively lurch from emergency to emergency. Additionally, TDCJ’s approach  to rehabilitation programs, many of which inform BPP’s determination of the potential for an inmate to safely reenter the community, suffer from deficiencies that undermine the Legislature’s significant investment in these programs. To overcome these deficiencies, this review recommends requiring enhanced rehabilitation planning and evaluation to better ensure beneficial program outcomes rather than simply encouraging participation regardless of efficacy. T his Sunset review also took a close look at the parole system — both the processes by which BPP decides whether to grant early release to eligible inmates and the processes by which TDCJ’s parole officers supervise releasees. Given the high stakes of inmates reentering the community and the discretionary nature of making such decisions, BPP voters understandably take a cautious approach. As it has in previous reviews of BPP, Sunset focused on improved fairness, consistency, and transparency of BPP’s decision-making processes. Separately, the review also found the need for more efficient TDCJ parole processes to ease burdens on the often underappreciated parole staff who serve a critical public safety role in Texas communities. T his review did not have findings or recommendations in two key areas: probation and correctional health care. TDCJ’s role in probation is limited to maintaining standards for and providing funding to local Community Supervision and Corrections Departments (CSCDs). Overall, Sunset staff found TDCJ adequately performs this function, and many ideas for changes to probation largely amounted to calls for increased funding. To this end, TDCJ has requested through its 2026-27 Legislative Appropriations Request additional funding to support both CSCD staff salaries and supervision activities. Additionally, this review found the Correctional Managed Health Care Committee’s role, which primarily is to develop a statewide managed healthcare plan, to be functioning adequately. TDCJ works effectively with its contracted partners at the Texas Tech University Health Sciences Center and the University of Texas Medical Branch to deliver healthcare services as the Legislature intended. Despite finding considerable areas for improvement across the criminal justice entities under review, Sunset staff determined that Texas continues to benefit from TDCJ’s oversight and management of a system in which a single state agency supports probation and directly provides incarceration and parole supervision. Accordingly, Sunset staff recommends continuing TDCJ for 12 years and aligning its Sunset review to coincide with that of the other criminal justice entities. The following material highlights Sunset staff’s key recommendations for the Texas Department of Criminal Justice, Board of Pardons and Paroles, Windham School District, and Correctional Managed Health Care Committee. 

Austin, TX: The Commission, 2024. 189p.

By Oli Hutt, Head of Analytics | Greg O’Meara, Analyst

Rising demand and squeezed budgets over the past decade have left the criminal justice system (CJS) struggling to manage day-to-day. Changes to address a specific issue in one agency cascade unintentional negative consequences, creating friction elsewhere which slows cases and reduces the likelihood of successful outcomes. Better modeling of the systemic impact of individual agency choices is required to prevent the system from lurching with every change. The lack of a joined-up accountability structure severely hinders the efficacy of the CJS as a whole. Whilst individual agencies have a common aim, their objectives and resources are often unaligned or even in direct conflict. This impacts on victims, witnesses, and defendants who experience a highly fragmented, frustrating, and stressful process. Cooperation is held back by a lack of basic data sharing. Better standardization and coordination is needed on basics such as data format, transfer, frequency, etc.) and co-design of systems to enable more joined-up working. A duty to share data should be considered as a way to drive greater cooperation across the CJS. Practitioners from across the CJS are clear on what needs to change to make this happen. However, the willingness of agencies to work together is limited- in part because they lack the resources required. There are success stories, but these are typically localized and not embedded. Yet there is cause for hope. Better use of technology can enable better decision-making and improve efficiency and effectiveness; our recommendations are focused on these objectives. Relatively minor investment would deliver targeted solutions e.g.- digital devices in prisons and courts, redaction tools for police and data sharing agreements. By reducing data entry and data error, these would free up police and prison officer time and remove delays in data sharing across the CJS. However, these require the central government to invest to realize the systemic benefit they could deliver. Technology also offers relief to recruitment and morale issues by automating standard processes that are inconsistently applied and time-consuming to learn, and by removing the burden on staff often required to work outside their skill set. Agencies should recruit and retain specialist (particularly technical) staff rather than relying on current staff to cover these needs inefficiently. Longer-term, more fundamental, systemic change is required, including a single accountability structure for the entire CJS; a victim/witness-centric design that maximizes engagement throughout the process and leads to swift and fair outcomes for all through system-wide case management and data sharing. These longer-term requirements should not stop the government from progressing the changes outlined above, and other recommendations that can be implemented immediately at a relatively low cost. The greatest risk facing the criminal justice system is inaction

London: Crest Advisory, 2022. 42p.

By Michelle D. Bonner

The book discusses the rise of punitive populism in Latin America and the role of the media in shaping public opinion. It explores the interpretation of crime statistics, the media’s influence on emotions and public opinion, and the comparison of media systems inArgentina and Chile. The document also examines the preference of journalists for tough-on-crime sources and the rise of punitive voices from within the state and civil society. The conclusion highlights the homogenization of public opinion in neoliberal media systems. [Introduction, 1. Interpreting statistics on crime, insecurity, and police violence, 2. The mass media’s role in emotions and public opinion,3. Comparing media systems: Argentina and Chile, 4. Journalists’preference for tough-on-crime sources, 5. The rise of punitive voices from within the state, 6. The rise ofpunitive voices from civil society, conclusion

University of Pittsburgh Press, 2019 276 pages

MAY CONTAIN MARKUP

By Bruce Smith

PREFACE: “This volume is a study of American state police forces —of the police bodies maintained by Pennsylvania, New York, Massachusetts, Connecticut, Texas, West Virginia; Michigan, New Jersey, Colorado, Maryland, Delaware, and also the Royal Canadian Mounted Police. It is concerned primarily with the organization, administrative methods, and statutory powers of those forces. It deals with the position of the police in state administration, their jurisdiction, the powers delegated to the administrative head, the direction, control, compensation and welfare of the rank and file, the distribution of patrol units and the patrol methods which are employed, eriminal investigation, identification and crime prevention.

THE NATIONAL INSTITUTE OF PUBLIO ADMINISTRATION. .1 925, 295p.

MAY CONTAIN MARKUP

By International Bolshevik Tendency

FROM THE PREFACE: The case ofMumiaAbu-Jamal, America's best-known political prisoner, starkly illuminates the brutal reality ofracist capitalist justice in a country that advertises itself as the citadel of "freedom." It is an extremely complicated case, and while the main elements are now known, pieces of the puzzle are still missing and ambiguities remain. In the following text, we attempt to outline both the essential elements of the case and the legal/political issues it poses.

Bolshevik Publications. 2004. New York. NY. 94p.

By R. Michael Cassidy

Disciplining individual prosecutors will never be enough to overcome the multifarious incentives prosecutors have to cut corners to secure convictions. Although bar discipline against prosecutors is increasing in frequency, professional regulators tend to focus on individual actors rather than paying attention to systemic failures.

No single instance of prosecutorial misconduct—revealed perhaps by the reversal of a criminal case or the exoneration of an innocent defendant—can ever be fully explained by the deeds of a lone actor without looking at who establishes enforcement priorities, who sets office policies, and who does the training. Leaders in the office are usually involved, either by omission (failing to catch an error) or commission (creating an office culture where ethical lapses are tolerated or even encouraged).

The predominance of collective action and shared responsibility in business organizations often makes it difficult to pinpoint criminal liability. That challenge is addressed through the “responsible corporate officer” doctrine in criminal law, which holds executive-level individuals accountable for the wrongdoing to which they contributed, whether through commission or omission. Prosecutor’s offices are organizations with structures and incentives not dissimilar to that of a corporation. Because existing frameworks for addressing prosecutorial misconduct in the criminal justice system are ineffective, bar regulators should borrow from the responsible corporate officer doctrine by more aggressively enforcing Rule 5.1 of the Rules of Professional Conduct.

The notion that supervisory attorneys must be more actively involved in their colleagues’ ethical decisions and conduct has been recognized by the bar since the adoption of ABA Model Rule 5.1 in 1983, but the rule remains undertheorized by scholars and underutilized by disciplinary authorities. This article draws on important parallels between the responsible corporate officer doctrine and Rule 5.1 to explain why enforcement of professional discipline against leaders in a prosecutor’s office is necessary to incentivize more rigorous supervision and training. The author scrutinizes two recent cases in Colorado and Massachusetts where bar regulators have successfully utilized Rule 5.1 to discipline leaders in a prosecutor’s office for failing adequately to supervise the conduct of junior associates. The author then advocates for an even more expansive use of Rule 5.1 to force head prosecutors to adopt written, transparent, and publicly available policies and procedures. Finally, the author discusses three recurring and highly intractable problems of prosecutorial discretion that could benefit from comprehensive office policy manuals: grand jury practice, disclosure of exculpatory evidence; and use of cooperating witnesses.

Oregon Law Review, Vol. 102, 2024, Boston College Law School Legal Studies Research Paper No. 614, 37 p

BARON DE MONTESQUIEU.. TRANSLATED FROM FRENCH BY THOMAS NUGENT,, VOL. 1.

In "The Spirit of the Law," readers are taken on a thought-provoking journey through the intricate workings of legal systems and the moral compass that guides them. This compelling exploration delves into the essence of laws beyond their literal interpretations, examining the underlying principles and values that shape our understanding of justice and accountability. As the narrative unfolds, readers are challenged to reflect on the profound relationship between law and ethics, shedding light on the critical interplay between rules and righteousness. "The Spirit of the Law" is a captivating read that raises compelling questions about the true nature of justice and the timeless quest for a fair and equitable society.

LONDON. VOLLINGWOOD, CLARKE, LONGMAN, HURST, REES, ORME,& BROWN, CADDELL, J & A ARCH, WHITAKER AND SCHOLEY. DEIGHTON AND SONS., 1823. 375p.

By Birth Companions

In this briefing paper we shine a spotlight on the issues faced by women who have contact with both the criminal justice and children’s social care systems during pregnancy and the first two years of their child’s life. We outline the context, highlight key evidence, and share some powerful contributions from our Lived Experience Team who have experienced this ‘dual contact’. 

UK: Birth Companions, 2023. 25p.

By The Welsh Parliament Equality and Social Justice Committee

Women who commit crime are generally some of the most vulnerable and disadvantaged in society, often with multiple and complex needs. Women now make up around 5 per cent of the prison population, estimated to be twice as many as twenty years ago.

Wales, The Committee. 2023, 56pg

By Valerie Jenness and Alexis Rowland

A growing body of research reveals that transgender people are disproportionately in contact with the criminal legal system, wherein they experience considerable discrimination, violence, and other harms. To better understand transgender people's involvement in this system, this article synthesizes research from criminology, transgender studies, and related fields as well as empirical findings produced outside of academe, to conceptualize a “transgender criminal legal system nexus.” This article examines historical and contemporary criminalization of transgender people; differential system contact and attendant experiences associated with police contact, judicial decision-making, and incarceration; and pathways to system involvement for transgender people. The analytic focus is on cultural logics related to institutionalized conceptualizations of gender, discriminatory people-processing in various domains of the criminal legal system, and institutionally produced disparities for transgender people involved in the criminal legal system, especially transgender women of color. The article concludes with a discussion of directions for future research, including a focus on administrative violence, organizational sorting, intersectionality, and measurement challenges.

Annual Review of Criminology, Volume 7, Page 283 - 309

By Sarah Waite

This article examines women’s experiences of moving from a closed to an open prison in England. Transition to an open prison is often viewed in a positive, reformist light and although androcentric auto-ethnographical work has demonstrated challenges associated with this pivot when serving a long-term sentence, much less is known about the experiences of women. Using interview discussions, this article draws upon the concept of transcarceral habitus to examine experiences of transfer and adaptation to the open prison within the broader context of the lives of criminalised women. By extending our understanding of the women’s open prison as a site of punishment and recognising the connections and pluralities of women’s carceral experiences, this article seeks to disrupt unhelpful binaries that legitimise the incarceration of women and the open prison estate.

United Kingdom, Howard Journal of Crime and Criminal Justice. Oct. 2023, 16pg