Video: More Laws, Less Freedom
Bonus on Exam: Do you think overcriminalization is a problem? Why or why not? Is there any
solution to this?
Understanding Criminal Justice Policy
● All of us want a fair criminal justice system that is cost-efficient and effective
● Some policies are misguided, costly or ineffective
● An example is the war on drugs
○ Crack vs powder cocaine, 100:1 disparity
○ Crack is in the ghetto and projects, powder is ‘classier’
● Disconnection between proposal ny lawmakers and legislation that is passed
● The police, courtroom work group, and correctional officials who have considerable
discretionary power, can also impede or nullify legislative enactments and reforms
Challenges to Rational Criminal Justice Policies
● Examples of criminal justice policies that have turned out to be irrational
○ Lengthy pretrial jail time
○ Life in prison for non-violent charges
○ Three-strikes for non-violent offenses result in 25 year sentence
○ Drug offenders sentenced to decades
○ Prohibition leading to bootlegging
● Scholars argue that ideas about offenders, crime and criminal justice operations are
based on faulty assumptions
● We pursue “crimes on the streets” while paying less attention to corporations
Barriers to Enacting Rational Criminal Justice Policies
● Seven barriers to enacting rational policies
○ 1) The politicization of crime
■ Tough on crime and using fear for votes
■ Trump vs Clinton
■ Sheriff is elected position
○ 2) False dichotomies
■ Punishment or rehabilitation
■ Tend to believe one solution is best for everyone
○ 3) Bad cases make bad policies
■ Serious or extreme incidents that rarely occur
■ Public attention, out of the ordinary
○ 4) Symbolic gestures
■ Knee-jerk reaction to a widely publicized or high-profile cases
■ Laws after 9/11
○ 5) Public opinion
■ Public tends to be quite punitive toward offenders
■ Motivates lawmakers and legislation
○ 6) Swings between extremes
■ From rehab to mass incarceration
○ 7) Limited production of policy research
■ We don't know “what works” in reducing reoffending
Research and Criminal Justice Policy
● Policymakers have become more interested crime reduction and recidivism research
only since the 90s; there has been a lot of interest in evidence-based practice but little
funding
● Instead of research, we fund common sense programs without meaningful results
● Promising programs fail due to lack of adequate support or funding
● Some criminal justice interventions do not transfer; success may be due to:
○ The leaders who champion the reform
○ The support (staff and funding) for the program
○ The history of the organization
● Stakeholders involved in the policy development process
○ Politicians
○ Public officials
○ Criminal justice professionals and their representative organizations
○ Penal reform groups
○ Single issue groups
○ Victims and those lobbying on their behalf
○ The general public
○ The media
○ Traditional and new experts
○ Multinational private firms that provide penal services
○ International institutions
● Support of due process vs crime control
● Although their goals differ, stakeholders are all passionate and reluctant to compromise
or considering alternatives
● There has been a movement away from the root causes of crime to increasing
effectiveness of police, courts and corrections
● Addressing these conditions could benefit society and reduce crime
● Root causes of crime
○ Concentrated poverty
○ High unemployment
○ Lack of safe and affordable housing
○ Income inequality
○ Inaccessible social services
○ Lack of hope
○ Dysfunctional family structures
● Addressing these root cause require a massive social change
● Policymakers focus on improving the effectiveness of police, courts and corrections
