Accessible Unlicensed Requires Authentication Published by De Gruyter August 22, 2013

Smart Justice: A New Paradigm for Dealing with Offenders

Kevin Sabet, Stephen Talpins, Matthew Dunagan and Erin Holmes

Abstract

Given the size and cost of the American criminal justice system, new ways of thinking about community corrections are necessary to both reduce the economic impact and public safety consequences of offenders cycling in and out of prison and jail. Several new paradigms for dealing with offenders have recently emerged and are expanding throughout the United States. All of these approaches involve utilizing swift, certain, and modest sanctions, rather than random and severe sanctions, which is the status quo. This paper outlines the aforementioned approach by highlighting three such programs currently in existence in the United States. The paper ends with general guidelines for constructing similar cost-effective programs.

References

Bulman, P. 2010. In Brief: Hawaii HOPE. Washington, DC: National Institute of Justice.Search in Google Scholar

Carns, T. W., and S. Martin. 2011. Anchorage PACE: Probation Accountability with Certain Enforcement: A Preliminary Evaluation of the Anchorage Pilot PACE Project. Anchorage, AK: Alaska Judicial Council.Search in Google Scholar

Cooper, C. S. 2003. “Drug Courts: Current Issues and Future Perspectives.” Substance Use and Misuse 38(11–13):1671–711.Search in Google Scholar

DeMichele, M. T. 2007. “Probation and Parole’s Growing Caseloads and Workload Allocation: Strategies for Managerial Decision Making.” The American Probation & Parole Association.Search in Google Scholar

DuPont, R. L. 2009. HOPE Probation: A Model That Can Be Implemented at Every Level of Government. Rockville, MD: Institute for Behavior and Health.Search in Google Scholar

DuPont, R. L. 2010. “Is 24/7 Sobriety a Good Goal for Repeat Driving Under the Influence (DUI) Offenders?” Addiction 105:575–77.Search in Google Scholar

General Accounting Office. 2011. Studies Show Courts Reduce Recidivism, but DOJ Could Enhance Future Performance Measure Revision Efforts. December 2011. Washington, DC.Search in Google Scholar

Hawken, A. 2010a. “Behavioral Triage: A New Model for Identifying and Treating Substance-Abusing Offenders.” The Journal of Drug Policy Analysis 3(1):1–5.Search in Google Scholar

Hawken, A. 2010b. “HOPE for Probation: How Hawaii Improved Behavior with High-Probability, Low-Severity Sanctions.” The Journal of Global Drug Policy and Practice 4(3):1–5.Search in Google Scholar

Hawken, A., and M. Kleiman. 2009. Managing Drug Involved Probationers with Swift and Certain Sanctions: Evaluating Hawaii’s HOPE. Washington, DC: National Institute of Justice.Search in Google Scholar

Hawken, A., and M. Kleiman. 2011. Washington Intensive Supervision Program: Evaluation Report (DRAFT). Seattle, WA: City of Seattle.Search in Google Scholar

Hollander-Blumoff, R. 2012. “Crime, Punishment, and the Psychology of Self-Control.” Emory Law Journal 61(501):2011–12.Search in Google Scholar

Kilmer, B., Nancy Nicosia, Paul Heaton, and Greg Midgette. 2013. “Efficacy of Frequent Monitoring with Swift, Certain, and Modest Sanctions for Violations: Insights from South Dakota’s 24/7 Sobriety Project.” American Journal of Public Health 103(1):e37–e43.Search in Google Scholar

King, R. S., and J. Pasquarella. 2009. Drug Courts: A Review of the Evidence. Washington, DC: The Sentencing Project.Search in Google Scholar

Kleiman, M. A. 2011. “Justice Reinvestment in Community Supervision.” Criminology and Public Policy 10(3):651–9.Search in Google Scholar

Kleiman, M. A., and A. Hawken. 2008. “Fixing the Parole System.” Issues in Science and Technology Summer 2008:45–52.Search in Google Scholar

Loudenburg, R., G. Drube, and G. Leaonardson. 2011. South Dakota 24/7 Sobriety Program Evaluation Findings Report. Salem, SD: Mountain Plains Evaluation.Search in Google Scholar

National Institute of Justice. 2010. “In Brief: Hawaii Hope.” NIJ Journal No. 266, June 2010.Search in Google Scholar

O’Connell, D., C. A. Visher, S. Martin, L. Parker, and J. Brent. 2011. “Decide Your Time: Testing Deterrence Theory’s Certainty and Celerity Effects on Substance-Using Probationers.” Journal of Criminal Justice 39:261–7.Search in Google Scholar

Office of Justice Programs. 2011. “Fiscal Year 2011 Grant Awards.” Retrieved January 2, 2011, from http://www.ojp.usdoj.gov/funding/11grantawards.htmSearch in Google Scholar

Tyler, T. R. 2006. “Psychological Perspectives on Legitimacy and Legitimation.” Annual Review Psychology 57:375–400.Search in Google Scholar

Urban Institute: Justice Policy Center. 2011. The Multi-Site Adult Drug Court Evaluation. Urban Institute: Justice Policy Center: Washington, DC.Search in Google Scholar

Wenzel, S. L., D. Longshore, S. Turner, and M. S. Ridgely. 2001. “Drug Courts: A Bridge between Criminal Justice and Health Services.” Journal of Criminal Justice 29:241–53.Search in Google Scholar

  1. 1

    We do not know how many HOPE probationers were clinically assessed as having serious drug problems. The 2009 NIJ study had HOPE probationers with a baseline LSI score of 27.8 and the control group having a baseline LSI score of 26.8. The percentage of HOPE probation assessed as high risk was 46.7% and the control group was at 44.1%. Also, HOPE probationers were interviewed in the 2009 NIJ study and asked about their perceptions of the program. Four groups were interviewed (probationers in treatment, probationers in jail, probationers in the Integrated Community Sanctions Unit, and probationers in the Adult Client Services branch). All four groups had a positive perception of the HOPE Probation program.

Published Online: 2013-08-22

©2013 by Walter de Gruyter Berlin / Boston