Corrections Gius, Mark. ) Term Paper

Pages: 20 (5533 words)  ·  Bibliography Sources: 0  ·  File: .docx  ·  Level: College Senior  ·  Topic: Criminal Justice

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Under option four, the regional facility manages both pretrial and convicted inmates, however only portions of the participating jurisdictions continue to operate their own facilities. Under option five, local facility accepts referrals from other participating jurisdictions, including the state, for specified inmate types. Under option six, a single jurisdiction accepts pretrial and/or sentenced inmates on a set fee-for-service basis. Under option seven, total consolidation of city-county jurisdiction inmates, resources and governance.

The author notes that there is no one right answer, nor is there a quick and easy way to make the decision, and that success lies in careful consideration of a number of complex issues, and hinge on a number of factors, as leaders develop innovative and strategic collaborations that bring benefits to both the organizations and the communities they serve.

Belenko, Steven. (2000) The challenges of integrating drug treatment into the criminal justice process. Albany Law Review. March 22. Retrieved November 07, 2005 from HighBeam Research Web site.

Summary

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The enforcement of anti-drug laws and the consequences of drug abuse and addiction during the past twenty-five years have profoundly impacted the criminal justice system in the United States. Increasing attention has been paid by police departments and other law enforcement agencies concerning issues of drug crimes, as legislatures have passed more and more punitive laws against the use and sale of illegal drugs. All the while access to treatment has been limited for those sub-populations of drug users who are most likely to be targeted by the criminal justice system for drug related offences. All of this has led to an increase in the numbers of drug offenders and resulted in flooded jails and prisons, and a mushrooming of court and probation caseloads. During the last twenty-five years, urban police departments have expanded their anti-drug enforcement activities and most states have legislated stiffer penalties for drug law violations.

Term Paper on Corrections Gius, Mark. (1999). The Assignment

Between 1980 and 1998, the number of arrests nationwide increased by 40%, from 10,441,000 to 14,528,300, and the largest increases have been for violation of laws prohibiting drug sales, distribution, and possession, up 168% during this time period. Between 1980 and 1998, arrests for drug law violations grew at four times the rate of increase for violent felonies, and the inmate population increased by 299%.

Overall, 79% of arrestees are drug-involved, meaning they tested positive for an illegal drug, had used illegal drugs recently, had histories of drug dependence or treatment, or were in need of treatment at the time of their arrest. In 1997, 83% of state prison inmates were substance-involved.

Analysis

Drug use is the norm among those arrested and held for arraignment. Among samples of adults arrested in Manhattan during 1998, 77% of males tested positive for any illegal drug, as did 82% of females.

Despite abundant research demonstrating that drug treatment can significantly reduce drug use and related criminal activity, access to treatment appears to be quite limited for criminal offenders relative to their need. The initial entry of a drug user into the criminal justice system is primarily controlled by a police or other law enforcement officer. Using individual discretion or official guidelines, an officer could advise or order a suspect to enter a drug treatment program, perhaps even transporting the offender to a program.

An alternative is diversion to treatment following arrest and prosecutorial review, but before charges are formally filed with the court. If the offender does well in treatment, then no charges are filed and the case is dropped. This early intervention affords potential cost savings to the criminal justice system, benefits the defendant, and allows some time for further review of the arrest circumstances and the defendant's background

At several pretrial stages there is an opportunity to provide special processing for drug offenders. Despite some individual successes, most previous efforts to engage offenders in treatment failed to serve large numbers of drug-involved offenders or were never fully implemented; comprehensive and effective treatment was rarely provided. Budgetary constraints are often cited by policy makers as limiting the expansion of treatment service for offenders. Although there are clearly many barriers to expanding access to effective treatment for substance-involved offenders, the potential payback in terms of reduced crime, incarceration, recidivism, and addiction is likely to be considerable.

Teichman, Doron. (2005). The market for criminal justice: federalism, crime control, and jurisdictional competition. Michigan Law Review. June 01. Retrieved November 07, 2005 from HighBeam Research Library Web site.

Summary

During the last few decades the United States have been engaged in an escalating war against crime, in fact between 1982 and 2001, the resources dedicated by American taxpayers to the justice system have more than quadrupled. Discounting for inflation, this number reflects a 165% real increase in spending, as well as an increase in the percentage of the American Gross Domestic Product dedicated to the justice system, while at the same time, criminal sanctions in the United States have also been on the rise. The incarceration rate has more than tripled, from 139 per 100,000 residents in 1980 to a staggering 476 per 100,000 residents in 2002, a rate increase that is in sharp contrast to other Western countries. In recent years, there has been a constant decline in the procedural safeguards granted to criminal defendants by courts in the United States, which again is in contrast to foreign countries.

Although a complex system, there is no single explanation for the phenomenon that has taken place within the American criminal justice system. Rather, it relates to American attitudes toward crime, local crime rates, and the partisan politics surrounding criminal law. This author points out how the decentralized structure of the American criminal justice system creates a dynamic process in which local communities have an incentive to increasingly harshen that system's standards. This argument builds on the insights of two parallel lines of literature that scholars have not yet combined in a complete fashion. The jurisdictional competition literature, has covered a wide array of legal fields including corporate law, environmental law, taxation, bankruptcy, trusts, and family law. The common characteristic of these studies is the treatment of the different units of a decentralized government as actors who compete among themselves to attract desirable types of activity and repel unwanted types of activity.

Analysis

For the most part, the United States has a decentralized criminal justice system. State legislatures define the majority of crimes and set out the punishments for those crimes. The first way jurisdictions may shift criminal activity to neighboring jurisdictions is by affecting the ex-ante decision about where to commit certain crimes. A second way jurisdictions can lower their crime rates is by physically removing individuals who have a higher propensity to commit future crimes. More specifically, to the extent that a community believes that past criminal activity can serve as a reliable proxy for future criminal activity, the community might wish to expel individuals with criminal records

The debate over the efficiency of jurisdictional competition is a longstanding one in the federalism literature. On one side of the debate are those who argue that competition among jurisdictions, much like other forms of competition, drives them to an efficient outcome. On the other side of the debate are commentators who point out the potential adverse effects of jurisdictional competition. They argue that in many instances jurisdictions face a collective-action problem that can be modeled as a noncooperative game such as the prisoner's dilemma.

Note that the two theories of jurisdictional competition are not mutually exclusive. In any given concrete context jurisdictions might be engaged in both beneficial competition driven by surplus-generating innovations, and undesirable competition driven by the ability to impose negative externalities on neighboring jurisdictions.

Marable, Manning. (2003). Toward a new civic leadership: the Africana Criminal

Justice Project. June 22. Social Justice. Retrieved November 07, 2005 from HighBeam Research Library Web site.

Summary

The extraordinary growth and carceral thrust of United States criminal justice policy and procedure during the past twenty-five years has led many observers to label this a "prison nation." The author notes that there is not a more fitting description for how the prison in particular, and criminal justice system in general, have emerged as dominant fixtures on our cultural, economic, and political landscape. Leaders offer mass criminalization and incarceration as simply surrogate responses to persistent poverty and unemployment, drug abuse, violence, mental health problems, failing public schools, and other dilemmas. According to this author, the ascendance of a fundamentally inhumane, fiscally absurd, and socially dysfunctional criminal justice apparatus signals the failure of societal leadership.

The author discusses how mass criminalization and incarceration have affected African-American individuals, families, and communities, particularly with respect to civic capacity and participation. The author discusses an overview of the Africana Criminal Justice Project, which is a research, education, and organizing initiative intended to help identify and eradicate dimensions of racialized social and political exclusion that are generated,… [END OF PREVIEW] . . . READ MORE

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