The U.S. Criminal Justice System: A Role for Radical Social Work

ABSTRACT

Characteristics of the current United States criminal justice system include mass incarceration at a rate higher than that of any other Western country, extraordinarily long sentences, rampant racial discrimination, and discrimination against all low-income persons. The impact of this system goes beyond devastation of those subject to supervision of the system to their families, communities, and society at large. This article analyzes the current criminal justice system relative to neoliberalism and ongoing reform efforts. The possible roles of radical social work in facilitating reforms and connecting criminal justice advocacy and issues to larger structural issues as well as direct practice strategies are explored.     

Restorative Justice

Abstract

One of the most popular criminal justice paradigms is restorative justice. Restorative justice is victim-centered and focuses on repairing the damage individuals and communities suffer as a result of a criminal act. Uncoerced apologies and remorse for the offending behavior and the victim are important features of restorative justice. However, the criminal justice system and the public eschew principal features of restorative justice. For example, the law coerces apology and remorse. Moreover, the courtroom has become, for the most part, a place for victims, and sometimes judges to attack, demean, ridicule, and disparage defendantsall antithetical to restorative justice. The omnipresent expectation for an offender to unilaterally accept total responsibility for the crime, apologize to the victim, and express remorse for the crime undermines the core objectives of restorative justice and obscures significant social and legal problems.     

Lesbian,Gay, Bisexual,and Queer People's Perceptions of the Criminal Justice System: Implications for Social Services

Previous literature has found historically marginalized groups report more negative perceptions of the criminal justice system and lower levels of procedural justice, which then influences their mental health and their willingness to report crimes. While previous research on procedural justice has focused mostly on racial and ethnic minority groups, it is hypothesized that lesbian, gay, bisexual, transgender, and queer (LGBTQ) individuals would also report negative experiences of the criminal justice system. The current study utilized focus groups with 16 participants who identified as lesbian, gay, bisexual, and queer (LGBQ), with ages ranging from 26 to 35 years (M = 30.5 years, SD = 3.5). Participants were asked open-ended questions about how they felt about various aspects of the criminal justice system (e.g., police officers, courts, legal processes, etc.). Through the consensual qualitative research (CQR) process, researchers identified five domains that influenced participants’ experiences of the criminal justice system: (a) gender presentation, (b) influences of intersectional identities, (c) systemic and political issues, (d) experiences of discrimination, and (e) help-seeking behaviors and the criminal justice system. Implications for social services are discussed.     

Social Work and Criminal Justice

SUMMARY

We shall begin with the principal, and complicated, conclusion: Regrettably, the social work profession has largely abandoned the criminal justice field. That is not to say that social workers are not employed in criminal justice settings. Certainly they are. Significant numbers of social workers earn their living as probation and parole officers, caseworkers in public defender offices, counselors in correctional institutions and halfway houses, and so on. As a profession, however, social work no longer has a major presence in the criminal justice field (Gibelman and Schervish, 1993). Relatively few social workers embark on their professional education with the aim of employment in the criminal justice field. Virtually no courses in social work education programs focus explicitly or comprehensively on criminal justice (Knox and Roberts, 2002; McNeece and Roberts, 1997). Workshops offered at professional conferences or continuing education seminars rarely focus on criminal justice issues per se. And, relatively little serious scholarship on criminal justice issues is authored by social workers.

Interestingly, this has not always been the state of affairs. Earlier in the profession's history, social workers were much more visible and vocal participants in dialogue, debate, research, and practice related to criminal justice. Ideally-in light of social work's unique perspectives on practice and social problems, and the profession's noble value base-the profession will reclaim its preoccupation with criminal justice. As Sarri (2001) concludes with respect to social workers' involvement in the juvenile justice system in particular:

Thirty years ago, social workers were in leadership positions in juvenile justice in the majority of states. In the 1980s, a gradual decline began in agencies and in social work education for practice in juvenile justice. Some have suggested that the decline was at least partially due to professional resistance to working in coercive settings with involuntary clients. However, given the millions of people now caught up in the criminal justice system who are not receiving the social services they desperately need, it is a priority that social work return to a more central role in criminal justice. (p. 453)     

Nurturing the Seeds of Restorative Justice

Abstract

Communities are looking for community-building responses to the issue of crime. Traditional social and political discourses have presented only two responses to crime, “get tough” or rehabilitate offenders. An alternative view has begun to emerge in community criminal justice discourse and practice. Restorative justice emphasizes the restoration of relationships and community peace that are damaged by the harm of crime, and the repair of these social injuries. This article presents the findings of a pilot study that was conducted to assess a community's openness to restorative justice principles.     

From Destruction to Reconciliation

SUMMARY

Daniel Johnson discusses how the application of “restorative justice” in his own life and in the life of the victim of his criminal offense contributed to his personal regeneration and healing for his victim. Mr. Johnson challenges criminal justice policy-makers to create conditions where “restorative justice” can be employed in the broadest sense in order to do what contemporary, punitive, retributive criminal justice systems are largely incapable of doing, that is, facilitate lasting offender rehabilitation and healing for crime victims and communities, and to offer opportunities for victim-offender reconciliations.     

Justice that Restores

SUMMARY

Restorative justice is a movement within criminal justice that draws from a conception of justice as personal rather than impersonal. This article offers a definition of restorative justice and describes its hallmark programs: victim offender mediation, conferencing, circles, restitution, and community service. It explores the differences between restorative justice and contemporary criminal justice, including their relative strengths. Whereas criminal justice derives from an impersonal conception of justice, restorative justice draws from a personal understanding. Differences between the two views of justice are described, and a brief survey of history and cultures demonstrates that personal conceptions of justice have played, and continue to play, significant roles in shaping societies' responses to crime.     

The Lichtenberg Financial Decision Screening Scale (LFDSS): A new tool for assessing financial decision making and preventing financial exploitation

ABSTRACT

One of the challenges in preventing the financial exploitation of older adults is that neither criminal justice nor noncriminal justice professionals are equipped to detect capacity deficits. Because decision-making capacity is a cornerstone assessment in cases of financial exploitation, effective instruments for measuring this capacity are essential. We introduce a new screening scale for financial decision making that can be administered to older adults. To explore the scale’s implementation and assess construct validity, we conducted a pilot study of 29 older adults seen by APS (Adult Protective Services) workers and 79 seen by other professionals. Case examples are included.     

Crossover Children: Examining Initial Criminal Justice System Contact Among Child Protection-Involved Youth

ABSTRACT

Child protection-involved youth face increased risk of criminal justice system contact. Such “crossover children” experience earlier police involvement and more serious criminal justice sanctions, yet little is known about their early offending. Using a cross-sectional sample of 300 crossover children before three Victorian Children's Courts in 2016–17, this mixed-methods study examines the nature and context of children's initial police charges. Findings indicate that crossover children are initially charged with disproportionately violent offending, and often incur first police charges around the time of initial care placement. For many, initial criminal justice contact occurred in the context of conflict with caregivers, ongoing maltreatment, and household adversity, or emotional and behavioural regulation challenges. Efforts towards preventing offending for child-protection-involved youth should focus on preventing childhood maltreatment, alongside targeting parent–child relationship challenges, and strengthening community and care system responses that address the impacts of complex trauma, mental health problems, and neurodisability.

IMPLICATIONS

• Compared to all sentenced children, those from statutory child protection backgrounds are charged with more serious offending at their first criminal court adjudication.

• Among “crossover children”, earlier police charges were seen for Indigenous children, those experiencing greater cumulative maltreatment, and children with emotional or behavioural challenges related to trauma, mental health, and neurodisability.

• Crossover children are most often first charged by police in the year before, and after, their first out-of-home care placement.

     

Precinct Domestic Violence Teams: Whose Goals Should Determine Program Activities?

ABSTRACT

This article describes an urban community's attempts to increase domestic violence survivors' participation in the criminal justice system by combining social work advocacy, specialized police officers, and prosecutors into precinct domestic violence teams. An analysis of the outcomes of 1,057 domestic violence reports found that the presence of the teams did not result in increased survivor participation in prosecution. A survey of 265 of the survivors indicated that prosecution was rarely a goal of the survivors, whose participation was needed to meet the goals of the criminal justice system. This study illustrates the importance of learning the views of people that interventions are designed to help.     

Perceptions of Adult Protective Services Workers of the Support Provided by Criminal Justice Professionals in a Case of Elder Abuse

ABSTRACT

This paper summarizes results of a 1997 survey of adult protective services workers in 43 states. The survey yielded ratings of police and victim assistants in detecting and treating elder abuse and estimates of the likelihood that criminal justice professionals would provide ten forms of assistance in a case of elder abuse. Respondents also reported the most helpful services supplied by criminal justice professionals, the services that were most difficult to obtain, and overall ratings of criminal justice professionals in cases of elder abuse. Findings provide insights about relationships between adult protective services workers and criminal justice professionals.     

Mental Health and Criminal Justice Issues Among Perpetrators of Elder Abuse

ABSTRACT

Recent studies on elder abuse suggest that the pathology or impairment of the abuser may be a stronger predictor of elder abuse than characteristics of the victim. To examine the relationship between elder abuse, abuser pathology, and the criminal justice system, the New York City Department for the Aging (DFTA) undertook a survey of older victims of reported domestic abuse seeking assistance from the DFTA Elderly Crime Victims Resource Center. Preliminary findings from the survey indicate that impaired abusers were significantly younger than unimpaired abusers and more likely to live with their elderly victims, to be unemployed, and to have a history of involvement with the criminal justice system.     

The Legal Response to Elder Abuse and Neglect

ABSTRACT

The United States legal system, both civil and criminal, has been underutilised in dealing with elder abuse and neglect. Social service and health practitioners have been unfamiliar with the language and procedures in legal settings. Legal remedies have been obscure or inadequate to address the problems. When elder abuse and neglect were first “discovered” in the late 1970s, efforts focused on safeguarding the victim through civil justice remedies, i.e., guardianships, mandatory reporting laws, adult protective services. The criminal justice system also became involved in order to hold the alleged wrongdoer accountable. Specialised units have developed in police departments and prosecutor offices to deal with the criminal behavior. New laws are providing more flexibility for the legal system, both civil and criminal. A multidisciplinary approach to elder abuse and neglect is needed because abused or neglected elders are frequently involved with many agencies. Attention to the legal aspects of the issue are apparent in the Summit Conference held by the National Center on Elder Abuse in 2001 and the development of the Elder Justice Act which was introduced into the U.S. Senate in 2003.     

A universal meta bargaining implementation of the Nash solution

This paper follows van Damme (1986) in presenting a meta bargaining approach that justifies the Nash bargaining solution. But in contrast to van Damme's procedure our meta bargaining game is universal in the sense that all bargaining solutions are allowed as strategic choices in the meta bargaining game. Also our result holds true for any number n of players. Received: 31 July 2000/Accepted: 19 March 2001     

Drug Courts and the Logic of Coerced Treatment1

This article examines the social and historical significance of coerced drug treatment within the criminal justice system. Drug courts, the most prominent example of this approach, serve as a case study to explore how seemingly contradictory perspectives on substance use—therapeutic and punitive—are merged to justify increased criminal justice oversight of defendants in the name of facilitating recovery. Drawing on an analysis of drug court organizational documents and interviews with key advocates, this article (1) examines the punitive, therapeutic, and medical knowledge drug court advocates draw on and construct to justify an increased role for the courts in solving the problem of addiction, and (2) links these theories historically to broader discussions about the causes of crime and the courts’ role in solving social problems. Overall, this article considers how scientific theories are fused with moral considerations in the name of an “enlightened” criminal justice approach to complex social problems.     

Violent Crimes and Racial Profiling

Abstract

This paper considers racial profiling as it pertains to violent crimes both as a criminal justice issue and as a mental health issue. It attempts to determine if violent crimes associated with the index of violent crimes are endemic to one or several specific demographic groups of the general population. Risk factors for specified violent crimes are hypothesized. It presents research involving regression analysis of data for the city of Chicago, Illinois. Chicago is used because of its recent history of being challenged by violent crimesleading the nation in homicides in the years 1998 and 2001 (ignoring deaths associated with September 11, 2001). Results indicate that the identified violent crimes in terms of prevalence are not endemic to a racial or ethnic group, given this sample. Apparently, the over representation of African Americans in prisons may be in part the results of biases in the criminal justice system. Recently, the state of Illinois and Cook County have been forced to reform judicial proceedings.     

The New Orleans Patient Tracking System (PTS)

SUMMARY

The New Orleans Patient Tracking System is a software system on an INFORMIX platform which operates in a UNIX environment on dual Data General file servers. The system networks 15 alcohol and drag treatment service delivery units and four central intake units, two of which are located in criminal justice agencies. These agencies are linked through a wide area network based on primary rate interface and integrated system digital network communications technology. This management information system supports centralized intake, standardized assessment, slot management, patient-program matching, patient tracking and self-corrective program evaluation for the network of drug treatment providers. These system features are discussed in detail.     

Exploring the Social Construction of Crime by Neighborhood: News Coverage of Crime in Boston

ABSTRACT

Information disseminated by the news shapes the way that the public perceives criminal events, often providing a distorted view of crime. Previous research has largely overlooked neighborhoods in discussions of how the news portrays crime. This study examines the ways that the news media report the neighborhoods in which homicides, robberies, and assaults are committed. Multiple theoretical perspectives rooted in the law of opposites and racial typification provide differing explanations for the reporting of crime. Using Boston as a test site, this study employs a content analysis of The Boston Globe crime articles to identify the neighborhoods in which instances of homicide, robbery, and assault receive coverage. A comparison with official crime data from the Boston Police Department suggests differences in neighborhood reporting trends for robbery and assault but not for homicide. Specifically, the news media tend to disproportionately report more robberies and assaults in neighborhoods with lower levels of neighborhood disadvantage. Implications for the social construction of crime and neighborhoods as well as criminal justice response for disadvantaged neighborhoods are discussed.     

The Practice and Efficacy of Restorative Justice

SUMMARY

Beginning with an exploration of the importance of understanding the power of questions, this paper examines the question, “Does it work?” regarding restorative justice as a philosophy and a set of practices based on that philosophy. The paper identifies problems in the dominant retributive philosophical paradigm for responding to crime that the philosophy of restorative justice resolves. The author describes the practices of restorative justice in criminal justice as well as other contexts and presents evidence of effectiveness in achieving restorative outcomes. The paper discusses challenges and limitations in restorative practices.     

Predicting program success for adult offenders with serious mental illness in a court ordered diversion program

ABSTRACT

Individuals with mental illnesses are disproportionately involved with the criminal justice system and are now being diverted from jails to community-based supervision. This study examines secondary data from a state hospital, mental health diversion program. Logistic regression was used to examine risk factors that best predicted successful program completion. Results indicate that non-whites are more likely to complete. Participants in supervised housing, ever been re-hospitalized, diagnosed with a depressive or psychotic disorder or who had their probation revoked were less likely to complete. Findings indicate practitioners should provide a holistic and individually oriented treatment approach for success.