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Sedlacek, William E. Hess, Frederick M. Kennedy, Mike. Gewertz, Catherine. Journal Articles. Reports - Research. Reports - Descriptive. Reports - Evaluative. Opinion Papers. Information Analyses. Guides - Non-Classroom. The California law was written to cover felonies, including many nonviolent offenses. Some of the felonies include petty theft, attempted assault, and burglary. Thus, about 85 percent of all those sentenced under the three-strikes laws were involved in nonviolent crimes.
For instance, marijuana possessors were sentenced for second and third strikes, compared with 40 murderers, 25 rapists. Prior to implementing a new policy such as threestrikes, a systematic plan is needed that assigns responsibilities for communication, coordination, and completion of specific tasks required to enact the new law. Everyone involved must clearly understand his or her roles and responsibilities.
Possible obstacles and sources of resistance should be anticipated and sought out. By the time the new three-strikes laws were implemented, everyone should have understood and accepted their roles. Evidence suggests the opposite. State prosecutors avoided the three-strikes laws because they saw little need for them with existing sentencing laws.
Plea bargaining and charge bargaining became increasingly common methods for circumventing three-strikes laws. Everingham, E. Chen, A. Abrahamse, N. Merritt, and J. Chiesa Ibid, note 4. Three-strikes laws disrupt established pleabargaining patterns by preventing a prosecutor from offering a short prison term less than the minimum in exchange for a guilty plea.
However, prosecutors can shift strategies and bargain on charges rather than on sentences. The findings of research on the impact of mandatory sentencing laws are instructive. Following implementation of a policy such as threestrikes, it is essential to monitor, i. Adjustments may be needed, but absolutely no valid evaluation can be conducted if the laws are not being properly implemented.
Three-strikes laws fare badly on this criterion also. At the federal level, where three-strikes legislation was included in the crime bill, the law had been used on only nine occasions two years later. Twenty-four other federal cases were pending. Even within a single state such as California, there was considerable variability in how state laws were interpreted and used across different counties.
Stage 6: Evaluation. We need measurable evidence that any policy, particularly an expensive one such as three-strikes, effectively and efficiently achieves what it was intended to do i. Threestrikes laws were intended to reduce serious crime by incapacitating repeat offenders, and by deterring others from becoming repeat offenders.
A report by the RAND Corporation predicted a 28 percent decrease in crime over the 25 years following passage of the law. RAND also predicted tremendous increases in criminal justice costs, mainly through the construction and operation of additional prison cells necessitated by three-strikes laws. Three-strikes laws, researchers expected, would also result in defendants mounting more rigorous defenses to avoid severe sanctions, leading to fewer guilty pleas and more trials, greater court workloads and backlogs, and increased jail overcrowding.
The existing evidence, so far, is mixed 7 8 9 10 11 Tonry, M. Sentencing Reform Impacts. Department of Justice, National Institute of Justice. Ibid, note 2. Ibid, note 3. Ibid, note 6. California already had one of the highest incarceration rates in the country, and three-strikes laws did not significantly change this rate of incarceration. Counties varied dramatically in how the law was implemented.
For example, some District Attorneys followed the letter of the law more strictly than others. Strikes were dismissed in one-quarter to one-half of all strike-eligible cases in some counties. While effects of three-strikes laws on crime rates so far have been negligible, RAND researchers cautioned that the full effects of the laws will remain unknown until offenders imprisoned under three-strikes laws have been incarcerated longer than they would have been under previous laws.
It is also difficult in any research study to control for the many other social, political, and economic factors besides three-strikes laws that may affect crime rates. In sum, the data required to evaluate the effects of three-strikes laws adequately are simply not available at this time.
Better planning in each of the areas discussed above could have reduced widespread inconsistency and failures in implementation, and could have helped reduce the number of unknown or unintended consequences of the laws e.
Kamin, and G. Hawkins Auerhahn, K. Incapacitation, Dangerous Offenders, and Sentencing Reform. Briefly explain how the seven-stage model of planned change can be used to analyze an existing policy such as three-strikes laws. Using Table 1. Endnotes 1 Kettner, P. Daley, and A. Nichols Initiating Change in Organizations and Communities. New York: Basic Books. Skocpol eds. New York: Russell Sage Foundation. Chicago: University of Chicago Press.
Buzawa Newbury Park, CA: Sage. Zajac Duffee ed. Farrington Tonry ed. Murphy-Graham, A. Petrosino, S. Schwartz Chrismer, and C. Weiss Gottfredson, D. MacKenzie, J. Eck, P. Reuter, and S. Bushway eds. New York: Oxford University Press. Pratt; M. Gaffney, and C. Johnson Beaupre, D. Icove, R. Baker, W. Cassaday, and W. Williams Department of Justice, Office of Justice Programs. Philadelphia: Temple University Press.
The Challenge of Crime in a Free Society. New York: Avon Books. Retrieved January 16, , from the U. Department of Justice Beck Tonry and J. Petersilia eds. Mastrorilli Harris, and P. Jenkins Bouffard Shaw, and D. Rogan Ingram and D. Mann eds. Beverly Hills. CA: Sage; Harris, P. Smith Harland ed. Williams and R. Elmore eds. San Diego: Academic Press. Neises Cadora, S. Byer, and C. Swartz Community Justice. Belmont, CA: Wadsworth.
Fatal Remedies. New York: Plenum. Collect and analyze data to define what the problem is, where it is, how big it is, and who is affected by it. What evidence of the problem exists? How has it changed over time? What theories do we have? The intervention must target one or more specific causes supported by research. We need to analyze available information to direct decisions about a possible course of action.
Conduct research on the system within which the problem exists, and determine how the system may create, contribute to, or maintain the problem. This important analysis sets the stage for all subsequent planning activities.
In almost all cases, the person who expresses such a view has a vague definition of the problem and its causes, and little knowledge of successful interventions. Without intending it, he or she is advocating a process of unplanned change that maximizes the likelihood of a poorly planned, poorly implemented, and ineffective intervention. The many hours of hard work and the motivation that must surely guide any successful change effort should not be wasted on unplanned change. How we analyze the problem guides what kind of interventions we come up with.
If problem analysis is flawed, subsequent program or policy planning is also likely to be faulty. Document the Need for Change We begin analysis of a problem by examining information about the problem.
We are interested in questions like the following: How do we define the problem? How big is it, and where is it? Is there a potential for change? We especially want to provide evidence for the existence of a need or problem. We need to be very careful here.
The media, politicians, or even criminal justice officials socially construct many problems. By social constructions, we mean that certain problems are perceived, and decisions are made to focus attention and resources on a particular problem. We need methods to document, describe, and analyze problems. At minimum, we need to be sure that a problem actually exists before taking any specific action, but we also need to know about the size and distribution of a problem in order to plan effective solutions.
Although the distinction is somewhat arbitrary, it is often worthwhile to differentiate a need from a problem. However arbitrary A lack of something that contributes to the discomfort or suffering of a particular group of people. For example, the distinction might appear at we might argue that there is a need for drug treatment first glance, it might make a programs for convicted offenders, or that there is a need large difference in the problem for shelters for abused women.
In each case, an existing analysis what kind of inforlack of services perpetuates the difficulties experienced by the target population. Shootings in and around schools have fueled a national debate about school violence.
Following tragic incidents such as the Columbine High School massacre in , the Virginia Tech shootings in , and other widely publicized shootings on school properties, many school districts and campuses have scrambled to improve their security measures and disciplinary policies. While dramatic incidents fuel perceptions that school violence is out of control, available data suggest a more modest interpretation. One primary source of national data about school crime and safety is the annual report, Indicators of School Crime and Safety.
Fortunately, tragedies such as Columbine are rare. Based upon current evidence, it is neither clear that school violence is out of control, nor that revision of school security policies is the proper or only solution. Thorough, localized problem analysis should precede the revision or development of school policies in any district. The presence of something that contributes to the disNeeds and problems are clearly comfort or suffering of a specific group.
For example, related, but not identical. In each case, there is a clearly defined condition by stating a concern with juvepresent that perpetuates the suffering of a particular nile violence. However, we are group of people. Are we really interested in specific types of violence, such as gang violence, school violence, gun-related violence, drug-related violence, interpersonal conflicts versus violence committed against strangers, or instrumental goal-oriented versus affective emotional violence?
This is an important point. We need to do some research first to narrow our definition of the problem. It is entirely possible that we might decide to focus not only on a specific type of violence, but upon a specific age group say, middle-school children , a specific jurisdiction e.
Whatever our reasons for choosing to set Incidence boundaries in particular ways The number of new cases of a problem within a personal, political, or theoretical specific time period e. We first attempt to document the need for change through an analysis of existing conditions. Prevalence Is there a problem? How big is The existing number of cases of a particular problem it?
As of December 31, What is the evidence for a prob, Where do we find this kind of statistical information, as well as more descriptive information about the problem? We usually need to look at some kind of data to estimate the degree and seriousness of a problem.
Wherever time and resources allow, it is always desirable to use as many techniques as possible to converge upon a specific problem. Social indicators are perhaps the most accessible and widely used type of data for analyzing criminal justice problems.
Data are available for each state and for the nation as a whole. These figures are widely used to calculate changes in the homicide rate, for example, from year to year. Figure 2. One problem with this technique is that people to be interviewed need to be selected carefully for their expertise. We need to be aware that their views may be biased or inaccurate. Through discussion and exchange of ideas, we attempt to identify major problems or needs to be addressed.
One common difficulty is that the most vocal groups may not necessarily be representative of a given community e. For example, the U. Bureau of Census collects and reports extensive data on unemployment, housing, education, and crime. Common problems include difficulty in collecting data on certain questions e.
Examination of social indicators often leads to the definition of a problem and attempts at change. For example, as part of a Community Corrections Program Development Project, the National Institute of Corrections entered into a contract with researchers at Temple University to provide consultation to agencies developing specific community corrections programs. Orange County and Los Angeles Probation Departments filed a joint application that was selected for assistance under this project.
This figure was up from 27 percent in , but down from 39 percent reporting such use in Such data are not without biases, however, and the potential user needs to be aware of these. Police-reported crime rates such as the UCR also carry potential biases, including police errors in recording and coding crime incidents. Many crimes are never even reported to the police for various reasons e.
Social indicators, like the problems they measure, can be viewed as social constructions rather than objective indicators of reality. Rather, violent crime statistics are based on the events that are defined, captured, and processed as such by some institutional means of collecting and counting crimes. The following example demonstrates some of the difficulties involved in analyzing problems and potential causes.
How does this example illustrate the points discussed so far in this chapter? Should we hesitate before praising public officials for decreases in crime or blaming them for increases?
There were reasons to be skeptical. Much criminological research over the past 50 years suggests otherwise. It is extremely difficult to parcel out specific causes for crime decreases or increases. Describe the History of the Problem As part of a problem analysis, we need to know something about the history of the problem: how long has a given problem existed, and how has it changed over time?
Most likely, however, we will need to look further in published literature for specific, important historical events that shaped the definition of something as a social problem in need of attention, and how responses to the problem changed over time.
What significant event or events helped shape the perception of certain conditions as a social problem in need of change? Such historical events often include lawsuits, legislation, dramatic public events, or specific social indicators such as crime statistics.
Liability issues led police to seriously consider calls for reform. The first of several major cases was Thurman et al. City of Torrington Connecticut. Thurman, the court awarded Ms.
This case not only raised awareness of the problem of domestic violence, but led many police departments to favor a presumption of arrest. Legislation may also create an important push for change.
For example, changes in the federal Juvenile Justice and Delinquency Prevention JJDP Act led to ongoing state initiatives to reduce minority overrepresentation in juvenile justice see Example 2. The Attica riots led to the most intensive investigation of prison violence in U. Once again, we caution Example 2. Specifically, under the Formula Grants Program, each state must address efforts to reduce the proportion of youths detained or confined in secure detention facilities, secure correctional facilities, jails, and lockups who are members of minority groups if it exceeds the proportion of such groups in the general population.
Identification and assessment matrixes and the calculation of index values were provided as a measure of proportionality. A comprehensive literature search on the processing of minority youths in the juvenile justice system from to early was conducted.
The report identified existing programs and policies and examined methodological problems with previous work in this area. Eleven DMC discretionary grants were awarded. It provided a national summary of the nature and extent of DMC, the activities chosen to address it, and challenges experienced by the states. Recent activities include: 1 conducting a DMC training of trainers, 2 reviewing data-collection instruments and identifying strengths and weakness, and 3 compiling a state-by-state status report on state DMC activities.
This report summarized lessons learned over the preceding 10 years, and stressed the importance of ongoing DMC efforts to include ongoing evaluation of DMC strategies and monitoring of DMC trends. This catalog is continually updated. This web site is updated on an ongoing basis. Training on the new index was subsequently offered. An example is given below. Examine Potential Causes of the Problem This is a critical stage of the problem analysis. Different causes imply different solutions.
If you choose a solution before you examine causes, it is likely that your intervention will be ineffective. Any intervention should be aimed at a specific cause or causes. Causes mediate the effect of an intervention on a problem. When we talk about examining causes, we are analyzing the etiology of a problem: the factors that cause or contribute significantly to a specific problem or need. A theory attempts to describe and explain relationships between cause and effect e.
A theory will describe causes of a specific problem, and it will outline proposed relationships between different causes. A theory may also suggest solutions to a problem: it provides a logical rationale for using one intervention over another. Factors commonly examined at this level of analysis include poverty, unemployment, and discrimination. In planned change, we very carefully think about theories and articulate them before we begin some intervention. We must explicitly tell the rest of the world what our causal assumptions about a specific problem are, and we must support these assumptions before proposing a specific type of change.
Where do we find causes and theories? By reading published material and doing library research on a problem. One should look at journal articles, books, and government and agency reports e. Department of Justice, National Institute of Health. While some theories are very general, and most theories are constantly refined, we highly recommend that anyone proposing a criminal justice intervention acquire at least a basic knowledge of criminological and criminal justice theories, either through a course such as Criminological Theory, or by reading one of several excellent books on criminological theory.
No intervention should be aimed at causes that are not supported by empirical evidence of some sort. How can a specific cause be affected by an intervention? Examine Previous Interventions Example 2. Causes or contributing factors that lie within offenders may include poor self-control, low self-esteem, immaturity, depression, stress, poor communication skills, and substance abuse.
Characteristics of victims contributing to domestic violence may include low self-esteem, psychological and financial dependence, and passivity. Family-oriented theories: Certain kinds of family structures or roles may create high potential for violence. For example, social isolation of families neutralizes potential support and increases risk of abuse. The best family-centered predictors of spouse abuse are: family conflict over male substance abuse, and conflicts over control in the relationship.
Such conflicts tend to escalate over time. In particular, reluctance by police to arrest suspected abusers received much criticism in the s. Social-structural perspectives: Broad-based patterns of gender inequality in Western society are seen by many researchers as significant contributors to high rates of domestic violence.
For example, patriarchal male-dominated religions have been said to affirm a family structure dominated by the authority and power of males. Other researchers point to the influence of a class-based social system: men have traditionally exerted domination over women in all areas of private and public life. According to this view, men retain more power and social advantage than women in a stratified society. Some thorough research is needed to discover what types of interventions have previously been attempted to change a specific problem.
Often, a single study will report both causal factors and the intervention that was designed to address those causes, but this is not always the case. Take a look at their other content. Do these other articles generally appear credible? Bias Does the author or the organization have a bias? Does bias make sense in relation to your argument? Is the purpose of the content to inform, entertain, or to spread an agenda? Is there commercial intent? Are there ads?
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