quiz 38 Qs
Jude55
FlawedPolicyLecture.pptxChapter 1 Flawed policy: Concepts & issues in criminal justice policy making: general propositions
Flawed Policy
A flawed policy, in a general sense, is one which does not produce the desired effect intended by the policy, or produces unintended consequences that work against the intended goals of the policy.
Is it all bad?
Not all bad, but there needs to be change.
General criticisms of our criminal justice system are plentiful and seem to be grounded in whether one is most concerned about victims, with a crime control emphasis, or offenders, with more due process emphasis.
Victim Concerns
Rising crime rates in the US (general)
Law enforcement being too constrained by limitations and rules related to probable causes and search and seizure
Courts release dangerous offenders on bail who subsequently commit additional crimes
Perceptions that too many guilty criminals end up released because of the insanity defense or legal defenses related to diminished capacity
Soft approaches on offenders who are alcohol or drug users who end up being released
The notion that prosecutors may not fully prosecute certain cases because they are not certain they will win.
Concerned with offenders
Basic human rights of offenders are frequently violated
Offenders going to prison are not rehabilitated and, in fact, are worse off when they are ultimately released
Too many times, important decisions made in the criminal justice system are based on extra-legal factors rather than legal ones.
Innocent people are convicted in our system, in spite of the protections in place, due to faulty evidence
Disparity in sentencing by the courts
The long history of emphasizing punishment rather than rehabilitation in our system of justice
The selective prosecution of the weak and powerless in our society.
Rational Problem Solving Approach
Identify the objectives to be achieved by the policy.
Identify alternative courses of action.
Predict and evaluate all the potential consequences of each course of action.
Select those alternatives that maximize the chances of attaining the stated objectives.
Policy Motivators
Ideologically based – example Death Penalty
Empirically based – suspect of academics and researchers
Ethically based. – right and wrong, good and bad. “moral panics”. Politicians to get elected.
Interest Groups
Powerful.
Police associations, bar associations, judicial organizations, and correctional associations.
Also, “experts”. Think tanks.
Elitist Model
Policy was determined and “dominated by small, male, metropolitan elite.”
Top down approach.
Prominent in the two decades prior to 1945.
A few with superior knowledge made the decisions.
Populist Model
Governments consult ordinary people, especially those living in areas underminded by crime and disorder, before formulating and implementing policies to tackle crime.
Is the general public very punitive in attitudes?
Distorted images in the media.
But, opinion is diverse.
Public Attitudes in the Criminal Justice System
Generally the public is punitive towards crime.
This punitiveness is not rock solid, however, even when the public describes a punitive option, there are also flexible enough to consider a range of sentencing options when given adequate information.
In order to moderate their punitive views, the public must be provided a good reason not to be punitive.
4. The public has no hesitancy to put dangerous offenders in prison. However, non-dangerous or violent offenders are given a more wide range of sentencing.
The general public continues to believe in a more rehabilitative approach in spite of the many attacks on treatment and rehabilitation by many.
The public is very interested in child saving, that is, the rehabilitation and treatment of young offenders.
The public generally favors approaches that are balanced and focused on achieving the stated objectives of criminal justice, that is, justice, public safety, and reforming offenders.
The public
Do they hurt or help crime policy?
Evidence-Based Policy
Based in research.
Recognize the importance of policy based in research and theory.
CONS
May be difficult to understand and may have human bias.
