Criminal Justice Policy Research Articles

A theoretical critique of deterrence-based policy

ObjectivesDeterrence-based policies are central to criminal justice, assumed greater prominence in recent decades, and have assumed that more and tougher punishment necessarily deters crime. This paper provides a theoretical critique of deterrence to identify the limits and possibilities of effective deterrence-based criminal justice policy. MethodsWe build on prior work and recent advances in scholarship to develop a theoretical critique and a theoretical basis for improving deterrence-based policy. ResultsThe critique identifies fundamental problems with classical deterrence theory that undermine the likely effectiveness of extant deterrence-based policies. We identify theoretical dimensions that address these problems and that can guide policies in ways that increase the likelihood of appreciable deterrent effects on crime. ConclusionsDeterrence-based policies based on classical deterrence theory, and variants of it, are unlikely to be appreciably effective and are not consistent with an evidence-based approach to policy. If deterrence policies are to be used, designing them around a coherent and systematic conceptualization of deterrence holds greater potential for reducing crime and would highlight the role that rewards for prosocial behavior can play in deterring crime.

Legislation Development in Vietnam: Is the criminal law becoming more humane?

After four decades since the present of the first “modern” Criminal code of Vietnam in 1985, Vietnamese lawmakers have reached many remarkable milestones in terms of criminal justice policy and legislation. The paper shall discuss and clarify 02 main hypotheses. Firstly, there are 05 criteria to evaluate the clemency of the Vietnamese criminal law, including: 1) The proportion between the number of very serious, extremely serious crimes and total number of crimes; 2) Severity of the punishments in the 2015 Criminal Code; 3) The number of provisions on exemption from serving sentences, reduction of sentence duration and conviction expungement; 4) The number of provisions on penalty decisions in favor of the offenders; 5) The proportion between the decriminalized crimes and criminalized conducts in the criminal code. Secondly, based on analyzing these criteria, the paper shall prove that Vietnamese criminal law is becoming more humane. The achieved developments come from several reasons. The main one is that the entire political regime of Vietnam, with the key role of Communist Party, participated in the reformation process of the criminal law.

The Rise of Progressive Prosecutors in the United States: Politics, Prospects, and Perils

Throughout much of the United States, progressive chief prosecutors (PCPs) have campaigned for office by pledging to end mass incarceration and reduce disparities therein. In this review, we summarize the progressive prosecution movement and the evidence base concerning PCPs. We attribute the rising number of PCPs to a disjuncture between the criminal justice policy preferences of state-level policymakers and voters. Although voters, especially in urban areas, prefer reforms aimed at reducing excessive punitiveness and increasing fairness, state-level policymakers have been reluctant to enact such reforms. PCPs bridge this gap by using their authority to implement local reforms without altering state laws. We detail the number of PCPs leading prosecution in urban counties, examine their characteristics, discuss the controversies surrounding PCPs, and critically review the emerging body of evidence concerning the influence of PCPs on sanctioning and public safety.

Perlindungan Hukum terhadap Anak Korban Eksploitasi Secara Seksual dalam Perspektif Peraturan Perundang-Undangan di Indonesia

The problem of sexual exploitation of children is not just a medical issue, but also involves many aspects, including religion, psychology and law. For this reason, this research was carried out with the aim of knowing and analyzing the regulations for legal protection for child victims of sexual exploitation and policy formulation for legal protection for child victims of sexual exploitation in the future. The research method used is normative juridical with a statutory approach, conceptual approach and case approach. Analysis of legal materials is carried out by interpreting, evaluating and assessing all statutory regulations and relevant legal materials. The results show that the regulation of legal protection for child victims of sexual exploitation is not clearly regulated either in Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Law Number 23 of 2002 concerning Child Protection and Law Number 11 of 2012 Concerning the Juvenile Criminal Justice System and policies for formulating legal protection for child victims of sexual exploitation in the future, namely the need to reform the criminal law regarding provisions that prohibit these acts, both in the draft Criminal Code in the future and the revision of Law Number 13 of 2006, Law Number 23 of 2002 and Law Number 11 of 2012.

Influences of the criminal justice system on use of medications for opioid use disorder: a qualitative study

BackgroundLegal-involved veterans with opioid use disorder (OUD) have lower receipt of medications for opioid use disorder (MOUD) than other veterans served at the Veterans Health Administration (VHA). This qualitative study examined the influence of the criminal justice system on access to MOUD for legal-involved veterans in the U.S.MethodsVHA facilities (n = 14) that varied in their provision of MOUD to legal-involved veterans were selected for qualitative interviews. Interviewees included legal-involved veterans (n = 18), VHA Veterans Justice Programs Specialists (n = 15), substance use disorder treatment providers (n = 5), and criminal justice staff (n = 12). Team members applied codes to meaningful units of analysis (quotations) in the transcribed interviews. Using a matrix approach, team members created a spreadsheet matrix with codes, facility rate of MOUD, and relevant quotations summarized for each participant. Themes and connections between individual participants and cross-interview concepts were explored. Participants were not asked to provide feedback on the findings.ResultsThemes identified were as follows: (1) Veterans Treatment Court policies both enhanced and limited MOUD treatment access and utilization among participants; (2) cross-system collaboration strengths and challenges existed; and (3) criminal justice system treatment preferences and policies both enhanced and limited MOUD in jails and prisons.ConclusionsThe influence of the criminal justice system on MOUD has led to variable access to MOUD for legal-involved veterans. Our findings can help inform recommendations to enhance access to MOUD for veterans within the criminal justice system, including the development of a national database of MOUD education materials for Veterans Treatment Courts, strengthening community-court relationships, allowing individuals to use their own healthcare coverage within jails and prisons and extend Medicaid coverage into criminal justice settings, and applying national quality measures for MOUD to criminal justice settings and develop a national system for tracking these quality measures.

Mental Health and Yoga in Prisons

Prison environments pose substantial health risks and may adversely affect the health and wellbeing of both prisoners and staff. Drawing extensively from international literature across several disciplines and supported by empirical data, this article presents a multidisciplinary study that focuses on mental health in prison settings and examines unconventional healthcare interventions, using yoga and meditation as a case study. Despite compelling research suggesting overall positive outcomes, the idea of yoga in prisons is not fully integrated into criminal justice policy and practice, and there are gaps in prison yoga research. Recognising the multifaceted roles of yoga within correctional institutions, this article specifically explores the impact of yoga on improving the mental health of incarcerated individuals and prison personnel. The primary aim is to raise awareness about mental health challenges in prisons and underscore the healthcare benefits of implementing prison yoga programmes. Accordingly, the article provides an overview of mental health issues in prisons, assesses the potential benefits and mechanisms of yoga and meditation as alternative mental healthcare methods and explores the barriers to integrating these practices into prison healthcare. It advocates for yoga and similar practices as viable mental healthcare alternatives for both prisoners and prison staff. The article's analysis contributes to a preliminary framework for policymakers, prison managers, staff, and scholars seeking to enhance mental health outcomes in penal facilities.

Diversion or death? The moral framework shaping bifurcated punishments for drug offences in Indonesia

Background As the UN urges states to move from harsh punishments for drug offences towards treatment programmes, Indonesia has adopted a bifurcated penal policy. Most of those convicted are sentenced to imprisonment or death, but some ‘minor’ offenders are diverted to drug treatment centres. We explore the moralities that shape drug policy, justice professionals’ interpretation and application of laws and policies, and judgements about who is deserving of diversion. Methods We draw on experiences and perceptions of 136 Indonesian criminal justice professionals, through in-depth qualitative interviewing and focus groups, to reveal the moral landscapes shaping policy and practice. Results Justice narratives blur penal concerns with moral judgments about drug offending, with normative responses shaping punishments in law and practice. While there is some compassion for ‘minor’ drug offenders, driving rationales for diversion, drug traffickers are regarded as morally deserving of prison and capital punishment, with traditionalist perceptions of harm amplified by a purgative rationale. Conclusion This article highlights the analytical potential of moralities such as ‘compassion’ and ‘traditionalism’ in criminal justice research and policy in Southeast Asia. Understanding the formation and navigation of these normative values may assist in challenging harsh penal policy in Indonesia and the wider region.

Restorative justice: Adopting a whole system approach to address cultural barriers in criminal justice

It is now 25 years since restorative justice was first introduced into criminal justice policy in England and Wales. It was hailed as a justice mechanism that could address the needs of both victims and offenders, reduce re-offending and decrease public expenditure. But despite (inter)national instruments mandating government and criminal justice agencies to provide restorative justice services, significant implementation and delivery gaps remain and victim participation continues to be low. Adopting a ‘whole system approach’ framework, this article analyses and syntheses extant scholarly literature which has examined the implementation and delivery challenges restorative justice faces in becoming embedded as a key criminal justice mechanism. The article argues that a ‘whole system’ approach, which involves systemic change and a fundamental cultural shift across the entire criminal justice system, is necessary to fully embed restorative justice within the criminal justice system. Until such an approach is implemented, victims will continue to be denied the opportunity to participate in restorative justice and it will remain an optional extra justice mechanism.

A history of restorative justice in Scotland: The evolving nature of an innovation in criminal justice policy and practice

AbstractHigh‐level political support for restorative justice in Scotland is at its strongest for many years, and yet its availability is lower now than in the mid‐2000s. To explore the reasons behind this paradox, we undertook an oral history project focused on the origins and development of restorative justice in Scotland. Based on 15 interviews with professionals, we tracked how the nature, objectives and scale of restorative justice has evolved in Scotland over time. Our analysis shows how the meaning and purpose of justice initiatives can shift, providing insight into policy development and broader debates about the role of justice responses.

Does the public support anti-gang policies and practices and can opinions be swayed? Experimental evidence from a National Survey of Americans

PurposeFor the last five decades, gangs have been a criminal justice priority, commanding the attention of police, courts, and corrections. Legislative bodies and local, state, and federal agencies have adapted or engineered policies and practices to combat the influence of gangs. While these efforts have been subject to inquiry by researchers and media, they have largely been uninformed by public opinion. MethodsWe surveyed 1000 adults in the United States to understand public support for five common yet controversial responses to gangs spearheaded by the criminal justice system. ResultsThere was a widespread consensus of support for police gang databases, civil gang injunctions, Racketeering Influenced and Corrupt Organizations (RICO), and sentencing enhancements, but not solitary confinement. Respondents were not swayed by the experimental presentation of evidence of racial disparities in gang databases or the psychological impacts of solitary confinement; support for civil gang injunctions fell when learning of potential constitutional violations but not violence reduction; support for RICO fell when learning of the organizational structure of street gangs and the potential for guilt-by-association; and sentencing enhancements were no longer supported upon learning the financial cost. ConclusionsPublic opinion maintains a significant role in criminal justice policy and practice on gangs that criminologists should subject to research and evaluation. This research underscores the importance of evidence-based policy formulation and the need for ongoing dialogue between the public, researchers, and policymakers to address challenges as complex and inexorable as gangs and gang violence in communities.

Criminal justice policy as evolutionary: A study of disjointed incrementalism and the evolving definition of victim of trafficking in persons in U.S. law

Criminal justice policy as evolutionary: A study of disjointed incrementalism and the evolving definition of victim of trafficking in persons in U.S. law

Legalizing transphobia: from courtroom to legislature, how gender‐critical activism is hurting us all

AbstractThis article scrutinizes the strategic legal and political actions taken by gender‐critical feminist (GCF) scholars and activists aimed at curtailing protections afforded under existing equality law and criminal justice policies that safeguard transgender individuals against discrimination and victimization. Two prominent legal judgments are critically reviewed to highlight the phenomenon of crowdfunded litigation and to exemplify the ways in which the law can be (mis)used to shape public perceptions of trans identities and, consequently, how this impacts trans individuals’ full and equal participation in society. The subsequent analysis examines how the previous and current governments’ support of the GCF movement has led to newly proposed, and recently enacted, legislation and policies restricting trans rights and legal protections. The article concludes by reflecting on how these coordinated legal interventions detrimentally affect the emotional, physical, and social well‐being of trans individuals, while simultaneously contributing to a broader political narrative aimed at dismantling protections against discrimination and victimization for all marginalized groups.

Gender-Specific Pathways in Violent Crime: Investigating the Role of Demographic and Mental Health Factors Using Mixed Graphical Models and Bayesian Networks.

This research aims to uncover gender-specific relationships and pathways that contribute to the perpetration of violent crimes, using sophisticated analytical tools to analyze the complex interactions between various factors. Employing Mixed Graphical Models and Bayesian networks, the study analyzes a sample of 1,254 prisoners (61.64% males and 38.36% females) to investigate the relationships among demographic factors, mental health issues, and violent crime. The study utilizes comprehensive measures, including the Beck Depression Inventory, Beck Anxiety Inventory, and Childhood Trauma Questionnaire, to assess participants' mental health status.Key findings reveal significant gender differences in the pathways to violent crime. For males, incomplete parental marriages strongly correlate with criminal behavior severity, while marriage status emerges as a significant factor, with married males less likely to commit violent crimes. In contrast, these relationships are not significant for females. Bayesian network analysis indicates that living in urban areas differently influences education and emotional expression across genders, emphasizing the importance of contextual factors. The study highlights the need for gender-specific considerations in criminal justice policies and interventions. It underscores the complex interplay of demographic and mental health factors in influencing violent crime pathways, providing insights for developing more effective prevention strategies. Despite its cross-sectional design and reliance on self-reported data, the research significantly contributes to understanding the gendered dimensions of criminal behavior.

Negotiated Agreements as an Alternative to Criminal Trials: Policy Lessons from the Hungarian Example

Abstract This paper looks at ways of speeding up domestic criminal proceedings. Both the Charter of Fundamental Rights of the European Union and the case law of the European Court of Human Rights in Strasbourg encourage Member States to ensure that their courts deliver judgments within a reasonable time. The present paper deals with the new Hungarian cooperation system, including the trial waiver and the preparatory session, which is a pre-trial meeting in the court phase. These have achieved significant results in speeding up and simplifying proceedings without limiting the rights of the accused and offer a genuine rule of law solution for efficient criminal proceedings, all while preventing unjustified delays in proceedings. Initial experience in practice has shown that these Hungarian legal instruments could serve as an excellent example for countries facing similar challenges in developing criminal politics and criminal justice policies.

Sensitivity for thee, but not for me: The role of social status as a conduit for white-collar prison adjustment

The special sensitivity hypothesis asserts that the atypical background and personal characteristics of white-collar offenders may make them particularly susceptible to the “pains of imprisonment” while incarcerated. Using a national data set of U.S. prisoners, we evaluated symptoms of negative affect, misconduct, and various institutional outcomes among two distinct groups of white-collar offenders: those defined by their crime of exploiting specialized access for profit and those further defined by their status (i.e., employment, finances, and education). Findings indicated that the status-based offenders reported feeling significantly less worthless and that they were significantly more likely to have held a work assignment. However, the offense-based group was significantly less likely to have participated in educational programming and exhibited significantly worse negative affect—specifically nervousness, restlessness, and depression—suggesting they had greater difficulty adapting to prison life compared to others. We conclude by examining the implications for criminological theory and criminal justice policy.

CRIMINAL, JUSTICE, AND SOCIAL WELFARE POLICIES AND TOURISM AREA DEVELOPMENT : A PARADIGM STUDY OF LAW, ENVIRONMENT, AND SUSTAINABLE DEVELOPMENT

This study aims to explore and elucidate the interplay between criminal justice, social welfare, and tourism policies, and the role of law in promoting environmental preservation. The study is conducted by analyzing a number of policies and development implementation as well as response and output to the current community to create appropriate mitigation efforts in the form of criminal policies, not just in the field of jurisprudence (mere law), and three main pillars of Sustainable Development Goals (SDGs). The research is expected to provide a comprehensive understanding of the interconnectedness of these domains, particularly focusing on how legal frameworks can support and enhance environmental preservation efforts.

Огляд місця події: особливості залучення спеціаліста

The features of involving a specialist during the examination of the scene have been considered. It is noted that one of the main functions of the state is to counter crime, which is the basis of its criminal justice policy in all its manifestations, directions, and forms. The criminal justice aspect of countering crime primarily involves the activities of law enforcement agencies in detecting and investigating criminal offenses, establishing the guilty parties in their commission, and holding them accountable. Therefore, in every case of committing criminal offenses, law enforcement agencies must ensure prompt, thorough, and comprehensive investigation. Compliance with all principles of criminal proceedings is particularly important during investigative (search) actions. It is noted that today scientific and technological progress has significantly advanced, so in order for pre-trial investigation to be conducted effectively and for the tasks of criminal proceedings to be fulfilled, it is necessary to use the most modern achievements in various fields of science and technology. Experts and specialists have always been the leaders in these achievements in criminal proceedings. The concept of a specialist according to the Criminal Procedure Code of Ukraine and other regulatory legal acts has been analyzed, and it has been concluded that special regulatory legal acts provide a broader understanding of the concept of a specialist than the Criminal Procedure Code of Ukraine. The requirements placed on a specialist during the examination of the scene and the peculiarities of conducting it with the involvement of a specialist have been disclosed. After analyzing Part 3 of Article 237 of the Criminal Procedure Code of Ukraine, we have concluded that the participation of a specialist during the examination of the scene is not mandatory. It is up to the investigator or prosecutor to decide whether to invite a specialist for the conduct of this investigative (search) action. The examination of the scene is the most informative investigative (search) action regarding the committed criminal offense. Without the involvement of a specialist, the investigator or prosecutor conducting the examination of the scene may overlook and fail to identify evidence that could be of significant importance to the evidentiary base. In our opinion, it is advisable to utilize specialized knowledge during every examination of the scene, therefore the participation of a specialist should be mandatory. The participation of a specialist in each case during the conduct of this investigative (search) action will contribute to improving the quality of the pre-trial investigation. Therefore, we propose to amend Part 3 of Article 237 of the Criminal Procedure Code of Ukraine as follows: Part 3: The victim, suspect, defense counsel, legal representative, and other participants in the criminal proceedings may be invited to participate in the examination. In order to obtain assistance on matters requiring specialized knowledge, the investigator and prosecutor must invite specialists to participate in the examination.

Stigmatizing ‘evildoers’: how beliefs about evil and public stigma explain criminal justice policy preferences

ABSTRACT Characterizations of offenders as ‘evil’ appear in popular entertainment, political rhetoric, and scholarship and may be rooted in widely endorsed cultural narratives. Integrating psychological and criminological literatures, we argue that endorsement of good-and-evil myths may be associated with criminal justice policy support via stigmatizing attitudes about those who engage in crime. We partially tested these hypotheses in a preliminary study using an online convenience sample (recruited using Amazon MTurk in 2015), then tested the full theoretical model using more comprehensive measures in a survey of American adults conducted via Qualtrics Panel in 2021 (N = 1,162). We found that both belief in evil (i.e. belief in evil forces) and belief in redemptive violence (i.e. belief in a clash between good and evil) were positively associated with punitive policy support, and stigmatizing attitudes partially mediated the effects of both. While belief in redemptive violence was negatively associated with rehabilitative policy support and stigmatizing attitudes mediated that relationship, belief in evil was not associated with support for rehabilitation. We consider the implications of our findings for mitigating the harms of public stigma and punitive criminal justice policy.

No Peace Without Punishment? Reintegrating Islamic State “Collaborators” in Iraq

Abstract How does variation in the severity of punishment affect public opinion toward the reintegration of former enemy “collaborators” after war? We study this question in the context of Iraq where the Islamic State, an armed rebel group, captured and governed a population of more than five million Iraqi citizens between 2014 and 2017. Building upon extensive fieldwork and interviews in Iraq, we designed a survey experiment that randomly varied the severity of sentences in hypothetical scenarios of civilians who supported the Islamic State in non-violent roles (e.g., cleaners, cooks, and wives of fighters). The experiment allows us to estimate the causal effects of punishment on attitudes toward reintegration. We find that a long prison sentence (fifteen years) does not increase the likelihood of participants’ willingness to allow the reintegration of former collaborators; instead, a noncarceral punishment (community service) has a small but statistically significant positive effect. Our most striking findings show that noncarceral and community-based justice mechanisms can significantly increase the likelihood of successful reintegration after punishment. Fifteen percent of respondents who were initially opposed to the return of former collaborators into their communities said that they would be willing to change their judgment and support reintegration if they were asked to do so by a tribal or religious leader, or if the offender completes a noncarceral rehabilitation program. These findings suggest that noncarceral, restorative, and community-based justice mechanisms may be equally or potentially more effective than long-term incarceration for achieving the objectives of rehabilitation and eventual reintegration of former nonviolent offenders. This Article advances the field of comparative empirical legal scholarship by providing an innovative experimental research design that can be replicated by scholars studying other contexts to help answer important questions about the causal effects of criminal justice policies.

Prison radicalization: A persisting threat for Bangladesh

AbstractPrison radicalization poses a significant and evolving threat in Bangladesh's correctional facilities. This research article delves into the conditions fostering radicalization, including corruption, overcrowding, violence, and the lack of essential amenities. Drawing on extensive analysis of secondary data and expert interviews, this article argues that these conducive conditions have transformed Bangladeshi prisons into breeding grounds for radical ideologies, allowing militants to establish networks and plan attacks within and beyond prison confines. This article also points out the transformation of prisoners, even those with minimal radical tendencies, into militant leaders, along with the shift of non‐radical individuals toward extremism. Moreover, it underscores the lack of de‐radicalization programs within the current prison system as a crucial gap in countering this escalating issue. Furthermore, the research identifies societal denial, limited post‐release opportunities, and mistreatment by security forces as factors exacerbating radicalization post‐incarceration. As such, this study emphasizes the urgent need for comprehensive strategies to address prison radicalization.Related ArticlesAwan, Imran. 2012. “‘I Am a Muslim Not an Extremist’: How the Prevent Strategy Has Constructed a ‘Suspect’ Community.” Politics & Policy 40(6): 1158–85. https://doi.org/10.1111/j.1747‐1346.2012.00397.x.Heinmiller, B. Timothy, Matthew A. Hennigar, and Sandra Kopec. 2017. “Degenerative Politics and Youth Criminal Justice Policy in Canada.” Politics & Policy 45(3): 406–31. https://doi.org/10.1111/polp.12204.Spalek, Basia. 2010. “Community Policing, Trust, and Muslim Communities in Relation to ‘New Terrorism.’” Politics & Policy 38(4): 789–815. https://doi.org/10.1111/j.1747‐1346.2010.00258.x.