Criminal justice reform addresses structural issues in
criminal justice systems such as
racial profiling
Racial profiling or ethnic profiling is the act of suspecting, targeting or discriminating against a person on the basis of their ethnicity, religion or nationality, rather than on individual suspicion or available evidence. Racial profiling involv ...
,
police brutality, overcriminalization,
mass incarceration
Incarceration in the United States is a primary form of punishment and rehabilitation for the commission of felony and other offenses. The United States has the largest prison population in the world, and the highest per-capita incarceratio ...
, and
recidivism. Criminal justice reform can take place at any point where the criminal justice system intervenes in citizens’ lives, including
lawmaking, policing, and
sentencing.
Police reform
Police reform describes the various proposals to change
policing practices. The Brookings Institute has organizes police reform into three categories: short-term, medium-term, long-term. Short-term hold Police officers accountable for there actions. The Law Enforcement Bill of Rights protects officers from losing their jobs, having their personal information put out to the world, police officers will be informed when they are being investigated, will be told who they will be interrogated by. Medium-term would shift the financial burden of paying civilian payouts to the police department insurance policy and the police officer their self to pay the sum of money instead of taxpayer dollars. Long-term making policing more about the community then it being the police vs the community, doing research on how to improve law enforcement and the local community.
Banning random searches
Some jurisdictions, including the United States and United Kingdom, give their police force the power to stop citizens based on the reasonable grounds (UK) or
reasonable suspicion (US) that the person being stopped may be involved in criminal activity. Critics of this practice argue that police apply standards of reasonable suspicion to stop citizens unevenly, often targeting individuals based on race. During these stops, police may choose to search the individual for illegal weapons or other items, such as drugs or drug paraphernalia.
Frisking
Frisking (also called a patdown or pat down) is a search of a person's outer clothing wherein a person runs their hands along the outer garments of another to detect any concealed weapons or objects.
U.S. Law
In the United States, a law enforce ...
members of public without evidence of crime (also known as stop-and-search) was heavily reduced in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
as a policing reform. This was done following research, which found that the searches had been a major cause of the
2011 England riots
The 2011 England riots, more widely known as the London riots, were a series of riots between 6 and 11 August 2011. Thousands of people rioted in cities and towns across England, which saw looting, arson, as well as mass deployment of police ...
.
Alternatives to police
Traffic officers
There have been suggestions for unarmed police or civilian officers to take over some or all
traffic policing duties.
Relevant duties of a traffic officers would be making sure that goods being transported are safe , checking licensing is up to date, making sure Vehicle operators are not impaired by anything.Qualifications include a law enforcement degree, diploma, certification. There will training in driving commercial Vehicles, pass a fitness test, Pass questionnaires, and a physical exam.
Community mediators
There have also been suggestions for police to be replaced by community mediators in minor interpersonal disputers.
This is often called
violence interruption, and is practiced for example by
Cure Violence. Community mediators do not interfere with family issues such as divorce, separation, custody or estates, don't handle issues that involve money.
Mobile crisis units
Another suggestion involves sending specially trained social workers to respond to situations caused by mental health or substance abuse problems.
An example is the
CAHOOTS system in
Eugene, Oregon. In the United Kingdom are trying to make a 24/7 in home treatment where a patient would be more comfortable than taking them hospital they would be uncomfortable and could cause them to get worse. In Canada there are 24/7 crisis units available. The units are available to children, adolescents, adults with a addiction or mental health crisis, or any love ones of the people in distress, can meet with a member of the addiction and mental health team, can get referral to the appropriate services, risk assessment, help getting mental health services.
Prison reform
Improving prison conditions
In many countries, prison conditions are such that the health and safety of prisoners cannot be guaranteed. At worst, imprisonment can directly threaten the lives of convicted individuals. Efforts to improve prison conditions are aimed at protecting prisoners and prison employees. Such efforts also attempt to minimize the collateral effects of imprisonment that continue to affect convicted individuals after their sentences have been served.
Overcrowding poses a substantial risk to prisoners' health and safety. In spite of the 1955 adoption of the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
Standard Minimum Rules for the Treatment of Prisoners
The United Nations Standard Minimum Rules for the Treatment of Prisoners were adopted by the United Nations General Assembly on 17 December 2015 after a five-year revision process. They are known as the Mandela Rules in honor of the former Sout ...
,
Penal Reform International
Penal Reform International (commonly known as PRI), founded in London in 1989, is an international nongovernmental organization working on penal and criminal justice reform worldwide.
Activities
PRI's stated goal is to promote safe and secure s ...
reports that "the number of prisoners exceeds official prison capacity in at least 115 countries." The
World Health Organization
The World Health Organization (WHO) is a specialized agency of the United Nations responsible for international public health. The WHO Constitution states its main objective as "the attainment by all peoples of the highest possible level of ...
recognizes prison overcrowding as a health threat to both prisoners and prison employees. Overcrowded prisons are high-risk environments for the transmission of diseases such as
HIV
The human immunodeficiency viruses (HIV) are two species of ''Lentivirus'' (a subgroup of retrovirus) that infect humans. Over time, they cause acquired immunodeficiency syndrome (AIDS), a condition in which progressive failure of the immune ...
and
tuberculosis
Tuberculosis (TB) is an infectious disease usually caused by '' Mycobacterium tuberculosis'' (MTB) bacteria. Tuberculosis generally affects the lungs, but it can also affect other parts of the body. Most infections show no symptoms, i ...
. Additionally, overcrowding has negative effects on prisoners' mental health. Results from a study conducted at the prison of Champ-Dollon in
Geneva
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Geneva ( ; french: Genève ) frp, Genèva ; german: link=no, Genf ; it, Ginevr ...
,
Switzerland indicate that prison overcrowding was associated with an increase in incidents of self-strangulation/hanging. Working in the United States, Huey and McNulty found that "overcrowding is a strong predictor of heightened suicide and may threaten security and safety within prisons more generally by undermining the well-being of inmates."
Solitary confinement, or supermaximum security confinement, also poses a threat to the mental health of prison inmates. Studies taking place in the United States, Canada, Denmark, Germany, and South Africa report that those who experience solitary confinement experience "anxiety, fatigue, confusion, paranoia, depression, hallucinations, headaches, and uncontrollable trembling." The
World Medical Association
The World Medical Association (WMA) is an international and independent confederation of free professional medical associations representing physicians worldwide. WMA was formally established on September 18, 1947 and has grown to 115 national ...
notes that, "Negative health effects can occur after only a few days and may in some cases persist when isolation ends." Due to the exacerbation of mental health issues in prisoners who held in solitary confinement, such prisoners may have difficulty adjusting to society once their prison sentences are finished. Based on these issues, organizations such as Penal Reform International and
Amnesty International work to raise awareness of the negative effects of solitary confinement and call for an end to the use of solitary confinement.
Finally, proponents of prison reform argue that healthcare services and sanitary conditions in prisons must be improved. According to Wallace and Papachristos, "A number of studies have shown that incarceration is highly detrimental to health and has lasting, negative health consequences for the ex-prisoner, their immediate social connections, and the larger community." Communicable diseases such as
tuberculosis
Tuberculosis (TB) is an infectious disease usually caused by '' Mycobacterium tuberculosis'' (MTB) bacteria. Tuberculosis generally affects the lungs, but it can also affect other parts of the body. Most infections show no symptoms, i ...
,
HIV/AIDS
Human immunodeficiency virus infection and acquired immunodeficiency syndrome (HIV/AIDS) is a spectrum of conditions caused by infection with the human immunodeficiency virus (HIV), a retrovirus. Following initial infection an individual ...
, and
syphilis infect prison inmates at a higher rate than they infect the general population. In the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...
, chronic diseases, such as
respiratory conditions,
heart disease,
diabetes
Diabetes, also known as diabetes mellitus, is a group of metabolic disorders characterized by a high blood sugar level ( hyperglycemia) over a prolonged period of time. Symptoms often include frequent urination, increased thirst and increased ...
, and
epilepsy
Epilepsy is a group of non-communicable neurological disorders characterized by recurrent epileptic seizures. Epileptic seizures can vary from brief and nearly undetectable periods to long periods of vigorous shaking due to abnormal electrica ...
, are often not effectively addressed by prison healthcare staff due to strains on the healthcare system. WHO emphasizes that improving healthcare in prisons ensures the health of the broader communities surrounding prisons because most imprisoned people will eventually be released into their communities, and many of them move between both settings.
Justice reinvestment
Justice reinvestment involves redirecting money from prisons to funding the social and physical infrastructure of places with high levels of incarceration. Reductions in incarceration may include risk and need assessments, sentence reductions, intermediate and graduated sanctions to
parole
Parole (also known as provisional release or supervised release) is a form of early release of a prison inmate where the prisoner agrees to abide by certain behavioral conditions, including checking-in with their designated parole officers, or ...
and
probation
Probation in criminal law is a period of supervision over an offender, ordered by the court often in lieu of incarceration.
In some jurisdictions, the term ''probation'' applies only to community sentences (alternatives to incarceration), such ...
violations, treatment of substance addictions, changing sentencing guidelines, post-release supervision, and
courts specialized in mental health or
substance abuse issues.
The money saved through these policies may be invested in addiction treatment, additional probation officers,
community sentencing, victims' services, housing support and
transitional housing Transitional housing is temporary housing for certain segments of the homeless population, including working homeless people who are earning too little money to afford long-term housing. Transitional housing is set up to transition residents into ...
, and behavioral health service.
A justice reinvestment project in
Bourke, Australia led by
Indigenous Australians
Indigenous Australians or Australian First Nations are people with familial heritage from, and membership in, the ethnic groups that lived in Australia before British colonisation. They consist of two distinct groups: the Aboriginal peoples ...
led to an 18% reduction in the number of major offences reported, 34% reduction in non-domestic violence assaults reported, and an 8% drop in the overall rate of
recidivism.
Legal reform
Access to legal aid
For accused persons facing trial in a criminal justice system, access to competent
legal aid is necessary for guaranteeing that their interaction with the criminal justice system is fair. According to the
United Nations
The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmoniz ...
, “Legal aid plays a crucial role in enabling people to navigate the justice system, to make informed decisions, as well as to obtain justice remedies. Legal aid makes a critical connection between populations and their justice systems and provides guidance on how to navigate the often difficult-to-understand justice system.”
The UN charges member governments with the responsibility of providing legal counsel to citizens, especially the poor, “so as to enable them to assert their rights and where necessary call upon the assistance of lawyers.”
In 2016, the UN identified several key issues in ensuring legal aid for citizens of nations that responded to the Global Study on Legal Aid: a lack of specific legislation on legal aid; a need for increased public awareness of the availability of legal aid; overburdened legal aid systems resulting in high caseloads for lawyers or a shortage of qualified lawyers; and limited availability of legal aid for those residing in rural areas or for members of vulnerable populations (e.g. internationally displaced people).
These issues result in unequal access to legal aid within individual countries and across the globe.
Access to justice initiatives across the globe work to ameliorate these issues an ensure access to legal aid.
Plea bargaining
Plea bargaining
A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or ''nolo contendere.'' This may mean that the defendant ...
is the process by which the accused may negotiate with the prosecution for a lesser sentence by admitting partial guilt or by taking full responsibility for the crime committed. This process renders a
trial
In law, a trial is a coming together of parties to a dispute, to present information (in the form of evidence) in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court. The tribunal ...
unnecessary, allowing both the defense and the prosecution to move to the sentencing stage. Although
plea bargaining was developed in the United States during the 1800s, it “rapidly spread to many other criminal justice systems including civil law countries such as Germany, France and Italy. It has now been used even in international criminal law.”
Plea bargaining is useful for both the defense and the prosecution as it spares both from spending the resources needed to conduct a trial. Additionally, defendants may be sentenced with shorter prison terms or lesser fines than they would if they were found guilty at trial. However, critics argue that the process is coercive and that "defendants lose the procedural safeguards of a trial (most of all the
presumption of innocence
The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption of innocence, the legal burden of proof is thus on the prosecution, which must presen ...
), that victims are not heard, that the public is excluded and that convicted criminals receive too lenient sentences."
Additionally, the process has been blamed for increased rates of imprisonment in countries where the majority of incarcerated individuals plead guilty without going to trial. The process of plea bargaining can undercut efforts to conduct a fair trial because the prosecution's case is never tested by the defense's legal representation in court. Moreover, in nations where ''competent'' legal aid for defendants is required, cases prepared by
public defenders are not evaluated at trial, meaning the adequacy of a given system of public defense is not established. The balance of power tends to be in the prosecution's favor, so the accused may choose to plea bargain in the face of a significant prison sentence rather than risk a guilty verdict at trial.
Sentencing reform
Sentencing reform is the effort to change perceived injustices in the lengths of criminal sentences. It is a component of the larger concept of criminal justice reform. In the U.S. criminal justice system, sentencing guidelines are criticized for being both draconian and racially discriminatory. Additionally, they are cited as the main contributor to the growing and excessive prison population known as mass incarceration. One avenue of reform is the concept of the
community sentence Community sentence or alternative sentencing or non-custodial sentence is a collective name in criminal justice for all the different ways in which courts can punish a defendant who has been convicted of committing an offence, other than through a c ...
[{{cite web, title=Orders, url=http://www.corrections.vic.gov.au/home/community+corrections/orders/, website=Corrections, Prisons & Parole, publisher=State Government of Victoria, Australia, accessdate=7 September 2017, archive-url=https://web.archive.org/web/20170825033751/http://www.corrections.vic.gov.au/home/community+corrections/orders/, archive-date=25 August 2017, url-status=dead] or alternative sentencing or non-custodial sentence is a collective name in
criminal justice
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
for all the different ways in which courts can punish a
defendant who has been convicted of committing an offence, other than through a
custodial sentence
A custodial sentence is a judicial sentence, imposing a punishment consisting of mandatory custody of the convict, either in prison or in some other closed therapeutic or educational institution, such as a reformatory, (maximum security) psychia ...
(serving a jail or prison term) or
capital punishment
Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...
(death).
See also
*
Criminal justice
Criminal justice is the delivery of justice to those who have been accused of committing crimes. The criminal justice system is a series of government agencies and institutions. Goals include the rehabilitation of offenders, preventing other ...
*
Defund the police
*
Transformative justice
Transformative justice is a series of practices and philosophies designed to create change in social systems. Mostly, they are alternatives to criminal justice in cases of interpersonal violence, or are used for dealing with socioeconomic issues in ...
*
Police abolition movement
The police abolition movement is a political movement, mostly active in the United States, that advocates replacing policing with other systems of public safety. Police abolitionists believe that policing, as a system, is inherently flawed and ca ...
*
Prison abolition movement
The prison abolition movement is a network of groups and activists that seek to reduce or eliminate prisons and the prison system, and replace them with systems of rehabilitation that do not place a focus on punishment and government institutiona ...
*
Restorative justice
*
Indigenous Peoples and the Canadian Criminal Justice System
References
Criminal justice reform
Criminal justice
Criminal justice ethics
Criminal justice articles needing expert attention