CJ & Public Policy Midterm

Incarceration Heterogeneity (Complications)

Mears argues that the state of research on incarceration and recidivism is not clear or developed enough (lack of clearly defined counterfactual conditions). Incarceration likely has variable effects.

What is the main theory of Supermax prisons?

Concentration

Incapacitation (in terms of Supermax)

Removing a person and putting them in Supermax removed their ability to cause trouble.

Deterrence (in terms of Supermax)

Supermax is so undesirable that it should outweigh the desire to engage in problem behaviors.

Normalization (in terms of Supermax)

The removal of disruptive people makes the rest of the prison system more rehabilitative (removes criminogenic influences).

What is the Supermax theory of concentration?

The most disruptive/violent offenders are placed in one facility to improve the safety and order of other prisons.

What are the 2 dimensions of implementation evaluations?

Delivery and Operations

Delivery

Is the service/activities associated w/ the policy reaching its target population?

Operations

What is the mode and quality of the service delivery and of the activities undertaken?

Cure Violence Model Approach

Follows the public health approach

Cure Violence Model

1. Detect and interrupt potentially violent situations

2. Identify and change the thinking and behavior of the highest risk transmitters

3. Change group norms that support and perpetuate the use of violence

Cure Violence Model Evidence

Support is mixed and faces implementation challenges in certain areas.

Outcome Evaluation

Establishes whether a policy is associated w/some intended set of outcomes.

Impact Evaluation

Determines whether the association is causal

What are the 3 requirements of causality?

Association, Temporal Order, and Non-spuriousness

Association

The cause and effect must be correlated.

Temporal Order

The cause must occur before the effect.

Non-spuriousness

Elimination of alternative explanations.

What are the basic methodologies of an impact evaluation?

Experiments and Quasi-experiments

How does inequality influence CJ policies and outcomes?

It effects how people are treated in the justice system. Poor/minority communities are more likely to be punished harshly. As inequality grows, unfair patterns increase, making it harder for those disadvantaged to get fair treatment.

Needs Evaluation

Understanding the social problem and its causes, determining need (policy should match the need and causes).

Theory Evaluation

Does the policy rest on sound theory/logic?

Implementation/Process Evaluation

What happened after the policy (outcome, correlation)? Is the policy change the cause of the outcome (impact, causation)?

Cost-Efficiency Evaluation

Do the benefits of the policy outweigh the costs and is it more efficient than other options? (Only move to this step if we know the policy works)

Key Points in Mears (Sex Laws)

1. Sex crime laws have evolved towards increasing severity, often driven by moral panic rather than empirical evidence.

2. Political pressure to enact harsher laws in response to media coverage of high profile cases leads to laws becoming more punitive, with aims to protect the public (lacking empirical support).

3. Sex crime laws have led to increased incarceration of offenders (growing prison populations).

Mears Evaluation Hierarchy of Supermax

1. Needs: Minimally needed

2. Theory: Do not rest on sound theory or design

3. Implementation: Minimally implemented in a consistent and appropriate manner (documented problems)

4. Outcome/Impact: Minimally achieve desired goals (documented unintended impacts)

5. Cost-Efficiency: Not cost-efficient

Retribution

Proportionality dilemma; No concern w/ utility; Risk of injustice; Public perception

Deterrence

Uncertain effectiveness; Severity vs. certainty; Cumulative disadvantage; Moral and ethical concerns

Rehabilitation

Resource intensive; Varying effectiveness; Public and political resistance (tough on crime); Balancing punishment and support

Incapacitation

High costs; Overcrowding; Potential for injustice; Impact on society

Restoration

Complexity of implementation; Limited applicability; Perception of leniency; Consistency and fairness

Assumptions of Retribution

Deliberate, morally wrong act committed by someone who knows what they are doing and need to be held accountable for their actions.

Assumptions of Deterrence

Crime is a rational choice that is made when perceived benefits outweigh the risks of getting caught and punished.

Assumptions of Rehabilitation

Crime is seen as the result of underlying issues such as lack of education, poverty, mental illnesses or social influences, which can be addressed and corrected.

Assumptions of Incapacitation

Views crime as a result of the individual's inherent, unchanging disposition. Cannot be changed.

Assumptions of Restoration

Crime is seen as a result of a breakdown in relationships and community bonds.

Politicization of Crime

Policymakers focus on crime to advance their interests.

False Dichotomies

Policymakers oversimplify a policy problem and only create 2 solutions.

Swings from One Extreme to the Other

When policies aren't meeting expectations, response is other extreme.

Bad Cases Make for Bad Policies

One highly publicized event occurs, and policies are made in response.

Symbolic Policy

Expressive policy, meant to send a message not particularly rooted in science or evidence-based policy.

Policymakers Misunderstanding of Public Opinion

Over-simplify or distort public opinion and respond to an inaccurate public opinion.

Silver Bullet

When policymakers portray a social problem to have one cause and therefore one solution.

Colonial Times

1600s and 1700s-> Banishment, fines, and death.

Birth of Reform

1790s-mid 1800-> Arrival of the penitentiary, focus on religion and repenting.

Southern Penology

Post-Civil War-> Black codes and penal farms.

Penal Welfairism

1950s and 1960s-> The rehabilitative ideal, medical model, based less in religion and isolation, treatment and psychology was popular.

Crime Control Era

1970s on-> Emphasis on deterrence and incapacitation; politicization of crime, fall of rehabilitation.

Crime Data 2022-23

Data suggests crime was declining; concerns about crime/perceptions increased from both democrats and republicans

Top Trends in Criminal Legal Reform

Despite the rising tough-on-crime rhetoric, there were many reforms focused on decarcerating and fairer sentencing.

Hierarchy in Evaluation

Order: Needs, Theory, Implementation, Outcome/Impact, Cost-efficiency; (Hierarchy: one level builds upon another)

Needs Evaluation

Asks if there is a need for a policy, to do so must 1st determine what social problem a policy is trying to address.

Size (Needs Evaluation)

Magnitude of problem

Trends (Needs Evaluation)

Absolute and relative changes in magnitude over time

Locations (Needs Evaluation)

Distribution of the problem

Causes (Needs Evaluation)

Potential drivers of the numbers (regarding size, trends, and locations)

Relationship between incarceration and recidivism

The negative, recidivism-reducing effects are mostly in settings with rehabilitative programming

Relationship between incarceration rates and crime rates

Diminishing returns: Rising incarceration rates will decrease crime, but too much decreased bang for buck and raises potential social problems

Mass incarceration on informal social control

Mass incarceration = prevalent and clustered; theorized that high levels of incarceration clustered in select neighborhoods might undermine less coercive forms of social control in those neighborhoods

Definition of theory and features of an ideal theory

Describes the way in which a policy is expected to achieve its goals; causal logic explaining how a policy is expected to achieve its goals; ideal theory is explicit and credible

Conditioning Factors

Characteristics of targets that may modify intervention outcomes

Purpose of Implementation Evaluation

Is the implementation of a policy consistent with its theory or design?

Outcome Evaluation

Establishes whether a policy is associated with some intended set of outcomes.

Impact Evaluation

Determines whether the association is causal.

Selection Bias

Subjects self-sort into treatment or control group.

Inequality and punishment

1. Rise of mass incarceration since 1970s driven by tough-on-crime laws, politics, and social inequality.

2. 2010s marked a turning point in incarceration trends, possibly pointing to a shift away from mass imprisonment.

3. Racial composition and higher income differences can be considered predictors of incarceration rates within communities.

Bloomstein's analysis periods

The Rehabilitation Era, which emphasized treatments and the 'Tough on Crime' Era which emphasized punishment.

Rehabilitation Characteristics

Moving towards treatment instead of strict punitive measures.

Tough on Crime Characteristics

Back to punitive measures but acknowledging rehabilitation.

Mears Takeaway (Incarceration/Recidvism)

The effects of incarceration on recidivism are variable and complex, depending on many factors.

Lynch Article

Mass incarceration affects the community that inmates come from, breaking down community structure.

Implementation Measurement (Article)

The article discussed the relationship between evidence-based programs and youth violence outcomes.

Causal Logic Dimensions

Targets, Inputs, Outputs, Outcomes, Conditioning factors.

Chicago-CeaseFire Project Evidence

The policy had obstacles but was generally very effective in reducing violence.