Finding Direction - Expanding Criminal Justice Options by Considering Policies of Other Nations, Justice Policy Institute, 2011
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FINDING DIRECTION: EXPANDING CRIMINAL JUSTICE OPTIONS BY CONSIDERING POLICIES OF OTHER NATIONS J U S T I C E P O L I C Y I N S T I T U T E | A P R I L 2 0 11 CONTENTS Justice Policy Institute is a national nonprofit organization that changes the conversation around justice reform and advances policies that promote well-being and justice for all people and communities. 3 Introduction 4 What this report does and does not do 5 Similarities between nations make policy opportunities possible. 5 Fundamental similarities provide the groundwork for comparison. 10 The U.S. leads the world in incarceration, but this is not making the U.S. safer. 14 The U.S. justice system operates to create more incarceration. 14 Policing and arrests 16 Pretrial detention and remand to custody 20 Sentencing 23 Punitive response to drug use 33 Parole and reentry 45 Juvenile justice 50 Differences across nations present some challenges to implementing policy. 1012 14th Street, NW, Suite 400 Washington, DC 20005 TEL (202) 558-7974 FAX (202) 558-7978 WWW.JUSTICEPOLICY.ORG 50 Politics and government structure 52 Media defines crime and policy in many comparison nations 53 Economics and spending 57 Certain communities bear a disproportionate burden of incarceration in all comparison nations. 58 Policy implications 59 Conclusions and Recommendations 61 62 64 Glossary of Terms APPENDIX: Additional Reading Factsheet: International Policies in the United States F I N D I N G D IR EC TION a letter from the executive director Dear Reader, Two years ago, JPI was approached with an academic paper entitled, “The Use of Incarceration in the United States and other Western Democracies,” by Douglas B. Weiss, M.A. and Doris MacKenzie, Ph.D. At that time and amidst a growing economic crisis, U.S. Senator Jim Webb was rallying people behind the formation of a criminal justice commission that would examine current policies and practices, with an eye toward creating recommendations for ways the U.S. could safely reduce its incarceration rate. We believed the work of Dr. MacKenzie and Mr. Weiss was important to this effort, in that it placed the U.S. criminal justice system in a larger context, giving the proposed commission a broader range of possibilities to contemplate. While people in the United States might feel that “there’s no place like home,” in many ways it is not so different from other nations and it’s possible that policies that minimize the incarceration rate in other countries might also work in the U.S. With this belief as our guidepost, we undertook the creation of a policy report that uses many of the initial comparisons made by MacKenzie and Weiss, adding other comparisons of specific phases in the criminal justice system to uncover the kinds of policies that might work in the U.S. The result is a compelling rationale for a number of recommendations for policymakers to consider when seeking to change criminal justice policies in the U.S. Regardless of what direction U.S. federal policymakers choose to follow, the need for examining its criminal justice system, which largely operates at state and local levels, remains as imperative as ever. Incarceration rates, while slowing, have a tremendous distance to fall before they approach those of even 10 years ago, let alone 20 or 30. The communities, families, and individual lives that are affected by criminal justice involvement multiply every year, as does the number of people who are victims of a system that does not work to protect public safety. Now more than ever before, we live in a global community that makes it not only possible, but necessary to learn from both the successes and mistakes of other countries around the world. While our primary goal is to inform U.S. policymakers, those in other countries should be able to glean some lessons as well. We hope you will find Finding Direction: Expanding Criminal Justice Options By Considering Policies of Other Nations helpful to your work. Sincerely, Tracy Velázquez Executive Director 1 2 justice polic y institute 25% of the world’s prison population is in the United States. F I N D I N G D IR EC TION part 1 INTRODUCTION The United States is home to the world’s largest prison population. That the U.S. has only 5 percent of the world’s population but holds 25 percent of the world’s prisoners is becoming common knowledge, and is causing leaders – both governmental and from the independent sector – to more closely examine the criminal justice system. Despite dropping crime rates and evidence that protection of public safety, are in-line with each incarceration is neither the most effective nor the nation’s particular cultural and social environment. most efficient means of preserving public safety, Criminal justice policies and practices do not exist incarceration in the United States continues to within a vacuum, but rather are a product of larger grow; since 1980 the number of people in prison social systems and political realities to which they has increased 458 percent. During this difficult eco- are inextricably tied.3 This poses a challenge for nomic time, the U.S. federal government and states U.S. policymakers or advocates looking interna- alike have been looking to save scarce resources by tionally for solutions to rising domestic incarcera- significantly reducing incarceration rates. However, tion rates. Conversely, policymakers may think to date, alternatives to our current policies and other countries are too fundamentally different practices which are contributing to these rates have than the U.S., whether in terms of size, demograph- not been implemented on a large scale. ics, social welfare programs, or political structure, 1 2 As the United States considers reforms to its crimi- for their policies to be adopted. nal justice system, some policymakers are compar- It would be ill advised to insist the U.S. or any ing the U.S. to other countries to show the stark nation must become more like other western de- differences in incarceration and to demonstrate that mocracies in order to reduce its incarceration rates. other nations have protected public safety without However, there are sufficient similarities between imprisoning as large a percentage of their popula- the U.S. and western democracies to make a num- tions. Many of these other nations, particularly ber of recommendations around policies that, if western democracies, handle law-breaking behav- adopted, would effect a reduction in incarceration. ior in ways less reliant on incarceration, and have In fact, some of the policies in place in the com- different approaches to addressing complex social parison nations are also in place in some states or issues while protecting public safety. jurisdictions in the U.S. It is important to recognize that these alterna- While each nation has a unique set of circumstanc- tive strategies, both to incarceration and for the es and realities that must be taken into account, 3 4 justice polic y institute there is much to be gleaned from the policies and the 20th century and subsequently made a concert- practices in other democratic nations. We hope this ed effort to reduce the number of people in prison.5 report will broaden the existing dialogue and create Specific policies currently in place in those coun- more momentum for the types of systemic reforms tries and perhaps a result of the effort to decarcer- that will reduce the burden of over-incarceration on ate are considered in this report. The experiences of communities, states, and the country as a whole. other nations in specific criminal justice issues will also be included when particularly relevant. What This Report Does And Does Not Do This report is not intended to be a comprehensive review of social, political, and economic structures that might create differences in incarceration or criminal justice practices. It is also not a critique of U.S. society as a whole and does not argue for a complete overhaul of social and economic systems in favor of the social and economic systems of comparison nations. For those reasons, it does not provide an analysis of so- Any discussion of a nation’s criminal justice system and policies must include the social, political, and economic environment of the comparison nations and how those factors might contribute to the number of people incarcerated in a country. These demographic underpinnings serve to provide some context for the findings in this report, and show to what extent cross-national implementation of policies could work to reduce incarceration. or immigration practices as possible reasons for The Challenge Of Cross-National Comparisons differences in incarceration rates. Instead, this report • cial welfare systems, gun control, family structures, will concentrate on current practices and structures that could realistically be changed, and models from other comparison nations that could be replicated or same way. • including funding structures. In those cases, this report uses the United Kingdom. For the purposes of this report, five comparison • The same offense may not be seen as having the same level of severity in each country. Canada, Finland, Germany and England and Wales.4 Although these nations have some varying England and Wales are not represented in all areas of data, particularly in social factors, adapted, to reduce incarceration in the U.S. nations will be closely considered: Australia, Not all countries define offenses in the • Reporting is inconsistent for international, social, political, and economic environments, they longitudinal studies and detailed reports of the are all democratic nations with stable infrastructure structural make-up of country-specific systems and governments and established criminal justice are not always readily accessible, often due to systems which share a similar socio-cultural back- language barriers. Therefore, at times, certain ground. For the most part, these nations also have comparison nations will be excluded from cer- data available to compare and have been part of tain charts, and footnotes or other notes after other comparative studies. charts will be included to explain variances in Perhaps most importantly, these countries also have far lower incarceration rates despite some of the similarities that will be discussed in this report. In addition, Finland and Germany both struggled with their use of incarceration in the early half of data collection. • As with any cross-national comparison, building comparable data sets is a complex task because countries compile and define statistics differently. F I N D I N G D IR EC TION part 2 Similarities between nations make policy opportunities possible. The countries presented in this report, including the United States, have a number of similarities that make it easier to make comparisons across nations and also consider that the policies of one nation could work in the other nations. Although the comparisons are not perfect, there are The list below is not exhaustive or philosophical in some fundamental similarities that create similar nature, but is intended to provide a picture of the social, political, and economic environments in larger social, political, and economic circumstances which to consider criminal justice policies that within which each nation operates and decides might reduce the number of people in prison. In criminal justice policy. addition to the more fundamental principles that the comparison nations share, two specific social structures – education and employment – are also important to consider and also have some important similarities. It is these similarities that help support comparisons of criminal justice policies and, also, provide the basis for developing unique models derived from the methods of other nations. Fundamental Similarities Provide The Groundwork For Comparison. Democracy Each of these nations subscribes to a classical notion of democracy or the idea that the country is ruled by the people. The Center for Systemic Peace and the Center for Global Policy developed a scale to determine levels of democracy of different nations.6 The nations with the highest levels of democracy, which include all six of the nations in this report, have the following characteristics: • tive, and deliberate political participation; • (or England and Wales) share certain characteristics that make a comparison more feasible. These commonalities also provide the groundwork for consideration of cross-national policy implementation. Choose and replace chief executives in open, competitive elections; and, The comparison nations, the United States, Australia, Germany, Canada, Finland, and the United Kingdom Institutionalized procedures for open, competi- • Impose substantial checks and balances on the power of the chief executive. One important facet of these characteristics is open elections in which all citizens are invited 5 6 justice polic y institute to participate. In other words, by voting for a particular candidate for an office, the citizens can make powerful statements about the policies that Common Understanding of Human Rights With the United States being the exception in some they wish to see implemented. Citizens would areas, perhaps most importantly the Convention have the power and authority to choose the can- on the Rights of the Child, the six nations belong to didates that would implement or change criminal the United Nations and have signed onto and/or justice policies. ratified most of the conventions or agreements put Related to an established democracy and the freedom to participate in open elections is the ability of citizens to also freely express themselves and publicly debate issues of public policy. Although those debates – whether in the media, before legislatures, or in courtrooms – vary across nations and have differing impacts on policy, nonetheless, the ability to introduce new ideas is possible and encouraged. Stability and Legitimacy All of the nations included in the report have a high level of stability and legitimacy within the international context. Indices developed by the Center for Systemic Peace and the Center for Global Policy, 7 which consider the threat of violence or war within or outside a nation, imports and exports, the authority of an elite class over the country, and other social indicators, including infant mortality rates, show that all six nations score very high in all areas. None of the nations appear to face overthrow or rapid, unexpected, or extreme changes in governance, which also makes it possible to plan or implement long term strategies to change social or criminal justice policies. Large Economies forth by the United Nations.8 A common understanding of human rights lays the groundwork for the implementation of domestic policies that are in concert with that understanding. Notwithstanding the absence of the U.S. from some United Nations agreements, there is still a general, common understanding of appropriate humane treatment. Within each of these comparable characteristics, there are some distinct differences in practice and policy, which are considered later, albeit not exhaustively, in this report as challenges to crossnational policy adaptation. Valuing Education Using levels of educational attainment and spending as evidence shows that the comparison nations value education as a means of promoting general community well-being. Comparison nations had comparable levels of educational attainment on most levels for people aged 25-64, with the U.S. having slightly higher levels of at least secondary education. Aside from Canada, the U.S. also had slightly higher levels of tertiary educational attainment (i.e. education after the high school level, including occupational or theoretical education) than all other nations. The level of U.S. educational All of the nations except for Finland are considered attainment is higher than four of the comparison to be large, global economies and belong to the nations, with approximately 40 percent of the G-20. Nations in the G-20 differ on a variety of population having completed tertiary education.9 different levels, but all of them play a significant Only Canada has a greater percentage of the gen- role in the global economy. Arguably, nations with eral population that has completed education after large, strong economies have the resources to upper secondary education. implement innovative policies. Spending on education across nations is also comparable. The comparison nations are within F I N D I N G D IR EC TION In 2007, the U.S. generally had higher levels of both secondary educational attainment and tertiary education than nearly all other comparison nations for people aged 25-64. Percentage of the Population Aged 25-64 100% 90% 87 80% 81 70% 88 84 68 68 60% 50% 48 40% 30% 32 20% 0% Canada 32 16 13 Australia 32 24 19 10% 40 36 34 Finland Below Upper Secondary 12 Germany United Kingdom United States Tertiary At Least Secondary Source: Organization for Economic Co-Operation and Development Stat Extracts, Country Statistical Profiles Stat Extracts, 2010, Organization for Economic Co-Operation and Development Stat Extracts, “Education at a Glance, 2009”, January 6, 2011. http://www.oecd-ilibrary.org/education/education-at-a-glance-2009_eag-2009-en Upper Secondary Education: Corresponds to the final stage of secondary education in most OECD countries. The entrance age to this level is typically 15 or 16 years. There are substantial differences in the typical duration of ISCED 3 programmes both across and between countries, typically ranging from two to five years of schooling. ISCED 3 may either be “terminal” (i.e.,preparing the students for entry directly into working life) and/or “preparatory” (i.e., preparing students for tertiary education). Tertiary Education: includes all education after the upper secondary level, and may be theoretically-based or occupationally-based. The United States spends more of its Gross Domestic Product on all types of education than other nations. Percent of Gross Domestic Product 8.0% 7.6 7.0% 6.0% 6.1 5.0% 5.8 5.6 5.2 4.7 4.0% 3.0% 3.5 1.0% 0 1.6 1.5 Australia 4.0 Canada 3.1 3.0 2.6 2.0% 4.2 3.6 3.5 Finland Primary, Secondary and Post-Secondary Non-Tertiary Education 1.1 1.3 Germany United Kingdom Tertiary Education United States Total Source: Organization for Economic Co-Operation and Development, “Education at a Glance 2010,” December 15, 2010. www.oecd-ilibrary.org/education/education-at-a-glance_19991487 7 justice polic y institute a 1.2 percentage point margin when comparing general health of the economy. All nations were Gross Domestic Product (GDP) or national wealth within a 3.4 percentage point range of employ- for all primary, secondary and post-secondary ment rates for people aged 25-54.11 The U.S. had non-tertiary education, with the U.S. and the higher levels of people between the ages of 55-64 United Kingdom spending slightly more. employed, but that is likely due to differences in 10 The U.S. spends 1.5 percentage points more of its GDP retirement age across nations. Even though these on all types of education. employment numbers do not take into consider- Levels of educational attainment and spending do not take into consideration quality of education ation the rapid increase in unemployment since the economic downturn began in 2008 or the concentrated effect that unemployment has on specific generally, and barriers to educational attainment for certain communities, in any of the comparison nations, but nonetheless, such similarities are an important basis for comparison. communities, the overall picture of employment across nations suggests similar situations. In addition, scholarly attempts to link unemployment with incarceration rates, particularly Employment Rates on an international scale, have yielded mixed results. As a result, differences in employment In 2007, the comparison nations also had similar rates likely do not bear enough significance12 rates of employment, serving as a signifier of the Across age groups, U.S. employment rates were comparable to other comparison nations in 2007. 100% 90% 80% 83.3 82.2 80 81.3 80.3 79.9 70% Percent Employed 8 60% 64.2 56.7 59.5 61.8 57.1 55.9 55 50% 46.4 57.4 51.3 53.1 45.9 40% 30% 20% 10% 0% Australia Canada Finland 15-24 Germany 25-54 United Kingdom United States 55-64 Source: Organization for Economic Co-Operation and Development Stat Extracts, Country Statistical Profiles Stat Extracts, 2010. http://stats.oecd.org/viewhtml.aspx?queryna me=18148&querytype=view&lang=e F I N D I N G D IR EC TION to be detrimental to cross-national policy unemployment rate due to the economic down- consideration. turn, crime rates are at 30-year lows. Within this It is also important to remember that unemployment does not create crime. For example, even though the U.S. is experiencing a high climate it is particularly important to continue to invest in institutions related to job training and employment, thus ensuring less incarceration in the future. 9 justice polic y institute part 3 The U.S. leads the world in incarceration, but this is not making the U.S. safer. Maintaining or improving public safety is important to all countries. However, the tools that different nations use to promote public safety vary greatly across nations. While defenders of U.S. penal policies may argue its effectiveness in promoting public safety, other countries utilize different, effective public safety strategies that rely less on incarceration. Although nations vary in what behaviors they con- The U.S. incarcerates nearly 2.4 million people,13 sider to be “criminal,” crime rates are perhaps the including people held pretrial and those sentenced most obvious measurement of public safety. Other for an offense; if they were all in one state, it would nations have crime rates similar to or lower than be the 36th most populated, between New Mexico the U.S. while using incarceration to a lesser degree and Nevada.14 No other country in the world incar- than the U.S. cerates as many people as the United States. China, In 2009, U.S. incarceration rates were 11 times higher than those in Finland. Incarcerated people per 100,000 general population 10 800 748 700 600 500 400 300 200 100 0 155 88 England and Wales Germany 134 117 Australia Canada 60 Finland Source: International Centre for Prison Studies, “World Prison Brief: Country Profiles,” January 5, 2011 www.kcl.ac.uk/depsta/law/research/icps/worldbrief/ United States F I N D I N G DIR EC TION a country of 1.3 billion people—about four times as Finland actually reduced its incarcera- many people as the U.S. —is second, incarcerating tion rate by 33 percent.19 15 1.6 million people.16 If an outcome of incarceration is im- When comparing the total number of people proved public safety—which is a popular incarcerated, including people held pretrial or re- belief—then it would follow that the U.S. manded (see Glossary for full definition of remand) would have lower crime rates than other in each nation, the U.S. incarcerates approximately nations, but that is not clearly the case. 26 times the number of people as England and Wales, 32 times as many as Germany, 711 times as many as Finland, 59 times as many as Canada, and 78 times as many as Australia.17 The International Crime Victimisation Survey conducted through The Hague by the Ministry of Justice asks respondents about car theft, theft from The U.S. incarceration rate also eclipses that of a car, car vandalism, bicycle theft, other comparison nations. The incarceration rate of motorcycle theft, burglary, attempted the U.S. is 748 per 100,000 people in the population, burglary, robbery, sexual incidents, which is about five times that of the England and personal thefts, and assault and Wales (155 per 100,000). threats. Results from the survey show In the U.S., the incarceration rate has been increasing steadily since around 1980. Comparing recent trends, incarceration rates from 1992 to 2007 increased 50 percent in the U.S., 68 percent in England and Wales and 46 percent in Australia; and lated with rates of incarceration in the comparison countries (Germany was not included in the survey).20 That is, having a higher incarceration rate, like In 2009, the United States incarcerated roughly 10 times as many people as all comparison nations combined, although it has only about 1/3 more people than the combined nations. 500,000 400,000 229,186 300,000 Germany Finland 39,132 England and Wales 29,317 0 3,231 100,000 72,052 200,000 85,454 Number of people in prison that victimization rate is not corre- 2,297,400 18 Australia Canada Combined Source: International Centre for Prison Studies, “World Prison Brief: Country Profiles,” January 5, 2011 www.kcl.ac.uk/depsta/law/research/icps/worldbrief/ United States 11 justice polic y institute Between 1992 and 2007, the U.S. and England and Wales had the most growth in incarceration rates. Percent change in incarceration rate between 1992 and 2007. 80% 68% 60% 50% 46% 40% 25% 20% -6% 0% Germany Canada -20% England and Wales Australia United States -33% Finland -40% Source:International Centre for Prison Studies, “World Prison Brief: Country Profiles,” January 5, 2010. www.kcl.ac.uk/depsta/law/research/icps/worldbrief/ Victimization rates in 2000 across nations do not correspond to recent incarceration rates. 800 748 Victimization per 100 general population (incidence rates) 12 600 400 200 155 0 54.5 60 England and Wales 28.6 134 Finland Incarceration Rates (2009) 54.3 Australia 117 40.4 Canada 39.5 United States Victimization rates (2000) Source: John van Kesteren, Pat Mayhew, and Paul Nieuwbeerta Criminal Victimisation in Seventeen Industrialised Countries: Key Findings from the 2000 International Crime Victims Survey. (The Hague: Ministry of Justice, 2000). http://rechten.uvt.nl/icvs/pdffiles/Industr2000a.pdf. The offenses included here are car theft, theft from car, car vandalism, bicycle theft, motorcycle theft, burglary, attempted burglary, robbery, sexual incidents, personal thefts, and assault and threats. Germany not included. F I N D I N G D IR EC TION Although the index crime rate is lower than it was in 1988, the U.S. incarceration rate is about twice the rate that it was in 1988. Index crime rate per 100,000 general population 6000 500 504 5,695 5000 400 4000 3,667 3000 300 247 200 2000 100 1000 0 Incarceration rate per 100,000 general population 600 7000 0 1988 1990 1992 1994 1996 Index crime per 100,000 1998 2000 2002 2004 2006 2008 Incarcerated population per 100,000 Source: William Sabol and Heather West, “Correctional Populations in the United States, 1997 and Prisoners in 2008,” Filename: incrt.csv (Imprisonment rate), http://bjs.ojp. usdoj.gov/index.cfm?ty=tp&tid=13, September 23, 2010; and Federal Bureau of Investigation, Uniform Crime Report 1988-2008 (Table 4), www.fbi.gov/ucr/ucr.htm. Note: Does not include jail populations. the U.S., does not necessarily mean a lower rate becomes even more difficult to draw the conclu- of victimization. sion that incarceration reduces crime. Between In addition, experts from the National Research Institute of Legal Policy in Finland point out that across the world, crime rates and incarceration rates do not consistently correlate, and when looking at trends in Finland, Canada and the United States over the course of 25 years, it High overall crime rates do not necessarily induce high prison rates and vice versa. Neither do high prison rates necessarily induce low overall crime rates and vice versa. – anthony n. doob, professor of criminology, university of toronto and cheryl marie webster, professor of criminology, university of ottowa 1980 and 2005, Finland’s reported crime rate went up while incarceration rates went down. In Canada, crime remained constant or went down slightly and incarceration rates remained somewhat stable, and in the United States, crime either remained flat or went down while incarceration increased dramatically.21 In the United States, crime fell 36 percent from 1988-2008,22 while incarceration rates increased 104 percent in the same period.23 Research in the United States and evidence from other nations suggests that incarceration has minimal, if any, effect on reducing crime, and the relationship between the two is neither simple nor certain.24 In fact, policy choices, such as the imposition of mandatory minimum sentences, are considered a more significant driver of high incarceration rates than crime rates.25 13 14 justice polic y institute part 4 The U.S. justice system operates to create more incarceration. With its “tough on crime” politics and a belief in the deterrent effect of harsh sentences,26 the United States has implemented criminal justice policies based on retribution instead of rehabilitation,27 which have led the U.S. to rely on imprisonment as a way to address lawbreaking more than the comparison nations. The U.S. seems to choose its current system of have the fewest police per capita of the compari- policing, sentencing and incarcerating over social son nations.29 investments and other positive methods of promoting public safety that may be more effective, especially in the long term. Changes in policy priorities and to the structure and operation of the criminal and juvenile justice systems can play a significant role in how many people are incarcerated. Neither the rate of contacts nor the number of police per capita neatly correspond to incarceration rates. For example, Finland has a very high rate of contact with the police, but the lowest rate of incarceration. This may be due to a variety of factors, including policies like Finland’s strict penal codes related to traffic violations30 which might increase Policing and Arrests contacts that don’t result in arrests. But, more The entry point into the criminal justice system is likely, differences in the philosophy of the role of typically through law enforcement. While data for police and policing in communities accounts for arrests—the most likely form of contact to result the similarities in rates of contact, but differences in in future incarceration—were not readily available incarceration rates. In other words, although num- for all comparison nations, the United Nations ber of contacts with police may be similar across keeps data about the number of people suspected, nations, the outcome is very different. arrested, or cautioned by law enforcement. According to 2006 data, Finland has the highest rates of contact with the police and Canada has the lowest. The U.S.’s rate of contact with the police is approximately 52 percent higher than in Canada.28 One contributing reason for this difference might be that European nations generally reject law enforcement policies that have “zero tolerance” for quality of life offenses, like graffiti, homelessness, or panhandling,31 which are popular in U.S. cities. At the same time, the number of police per capita In the U.S., “zero tolerance” policies are driven by also does not neatly correspond to the number of the theory that “broken windows” or the appear- contacts with police. Even though Finland has the ance of disorder fuels other crime. The result of highest number of contacts with police, they also these policies in the United States is people who F I N D I N G D IR EC TION In 2006, the U.S.'s rate of contact with the police was approximately 52 percent higher than in Canada, but 61 percent lower than Finland. United States 2,562.03 England and Wales 2,775.65 Germany 2,304.18 Finland 6,642.69 Canada 1,687.48 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 Rate per 100,000 of persons ages 18 and over having been suspected, arrested, or cautioned by law enforcement Source: United Nations Office on Drugs and Crime, “The Tenth United Nations Survey of Crime Trends and Operations of Criminal Justice Systems (Tenth CTS, 2005-2006)” June 2010. www.unodc.org/unodc/en/data-and-analysis/Tenth-CTS-full.html. *The figures included here are crimes recorded by police, England and Wales: http://rds.homeoffice.gov.uk/rds/pdfs10/hosb0610.pdf The U.S. has more police per capita than Finland and Canada. 350 224.5 300.28 250 264.06 150 189.11 200 157.01 Total Police Personnel, 2005 (per 100,000) 300 100 50 0 England and Wales Finland Canada Germany United States Source: United Nations Office on Drugs and Crime, “The Tenth United Nations Survey of Crime Trends and Operations of Criminal Justice Systems (Tenth CTS, 2005-2006)” June 2010. www.unodc.org/unodc/en/data-and-analysis/Tenth-CTS-full.html. Note: Data for Australia not available. 15 16 justice polic y institute have contact with police or who are arrested are Given the increased likelihood of sentencing to frequently incarcerated in a pretrial detention facil- prison in the United States once entering the ity, or jail for a period of time, thus contributing to system,32 limiting arrests for less serious offenses, incarceration rates. In other countries, police may including quality of life offenses, could potentially record that they have contact with someone related reduce the number of people in prison in the U.S. to one of those offenses, but arrest and jail time would not be the outcome. Pretrial Detention and Remand to Custody Policy Opportunity In the U.S., when a person is charged with an End “zero tolerance” policing: Research by trial or they may be released to await their trial in criminal justice expert, Judith Greene, compar- the community through a variety of mechanisms ing “zero tolerance” policing in New York City to a which will be discussed later. In many other na- neighborhood policing strategy in San Diego found tions, people are said to be “remanded,” which that both cities experienced significant reductions is a summons to appear before a judge at a later in crime. However, San Diego also experienced date. If they are not released pretrial they can be a 15 percent decrease in arrests, suggesting “remanded to custody” until their court proceed- that increasing arrests does not necessarily im- ing; if they are convicted, they can be remanded prove public safety. Similarly, other nations tend to custody prior to sentencing or during an appeal to refrain from using a law enforcement response process. That some other nations include both to quality of life concerns, which may help keep those awaiting court hearings and those awaiting arrests in check and, subsequently, incarceration. sentencing in their number of people “remanded Panhandling, graffiti, littering and other minor of- to court” makes it an imperfect parallel with U.S. fenses may best be handled by other agencies, figures for pretrial detention; nonetheless, data like public service or sanitation. collected by the International Centre for Prison offense they may be detained in jail until their 33 Change the philosophy of policing: Currently, in the United States, policing practice is primarily guided by surveillance and arrests. Thus, more police have resulted not necessarily in safer communities, but more arrests and more incarceration. As a result of this approach to policing, some communities mistrust police, while still enduring high Studies in London shows that a smaller percentage of the total number of people incarcerated in European nations are remanded to custody prior to trial or sentencing compared to in the United States. Canada holds the largest percentage of the total incarcerated population in pretrial detention—36 percent are remanded.34 crime rates. A shift to a philosophy of policing simi- Pretrial detention is associated with a higher likeli- lar to an approach adopted by San Diego that is hood of both being found guilty35 and receiving neighborhood-focused and centered on the overall a sentence of incarceration over probation,36 thus health of the community and the people who live forcing a person further into the criminal justice there would promote public safety, limit fear of system. In the United States, this is particularly police, and reduce the number of people arrested important because of the sheer numbers: with 20 and imprisoned. percent of the total number of people incarcerated being pretrial, that means nearly 500,000 people F I N D I N G D IR EC TION Canada has the largest percentage of people remanded to incarceration of the total incarcerated population. 100% 84.9 78.2 63.8 82.9 84.3 17.1 15.7 Finland (2009) Germany (2009) 79.9 Percent of Total Incarcerated Population 90% 80% 70% 60% 50% 40% 36.2 30% 20% 10% 0% 21.8 15.1 England and Wales (2010) Australia (2009) Canada (2008) Percent Remanded or Held Pretrial 20.1 United States (2009) Percent Sentenced and Incarcerated Source: International Centre for Prison Studies, “World Prison Brief: Country Profiles,” January 5, 2011 www.kcl.ac.uk/depsta/law/research/icps/worldbrief/ each year are more likely to be found guilty and The use of bail in Australia, Canada, the United sentenced to incarceration, thus significantly add- States, and England and Wales likely contributes to ing to the total number of people in prison. the number of people held pretrial.39 Germany has Each comparison nation has different thresholds for determining who will be released prior to trial. Nearly all comparison countries will hold a person pretrial to ensure return for trial. However, Canada, the United States, and England and Wales, will also hold a person pretrial to protect public safety.37 Finland, on the other hand, has a maximum period of pretrial detention of four days, and the accused person must be given a court hearing within three days.38 If a person is not released on their own recognizance, the court can set a monetary amount that can be paid in exchange for release, which is called bail. bail, but uses it infrequently, and Finland does not have a system of bail at all.40 In addition, the United States is the only other nation besides the Philippines that permits commercial bail, or the practice of paying a third party to post bail on your behalf. This practice allows a third party, generally a corporation, to inherently make decisions in the bail process; because they make decisions based on a profit motive, public and individual well-being plays no role in deciding for whom they will post bail.41 Although the United States pretrial and detention practices are not notably different than those in the other comparison countries, it is worth considering 17 18 justice polic y institute Pretrial Detention and Remand to Custody Country Remand Prisoners as Percentage of Total Incarcerated Population (2009)45 Reasons for Remand Incarceration • Risk of the person being a threat to themselves or others47 Australia 21.846 • High probability of the person not appearing for trial • Other factors such as the seriousness of the charge can also be taken into account48 Canada Finland 36.252 17.156 • Ensure that the accused person does not flee • Protect the public if there is a high likelihood of reoffending • Maintain confidence in the administration of justice53 • High probability they will seek to escape or evade justice • Try to tamper with evidence or witnesses • Continue criminal activity • Not a resident of Finland and therefore may attempt to leave the country57 Germany 15.762 • Strong suspicion of flight risk • Suspicion that evidence may be tampered with • Strong risk of reoffending in the case of serious crimes63 • Suspicion that the person would not later surrender to custody England and Wales66 • 15.1 Would likely interfere with witnesses or otherwise obstruct justice 67 • Already on bail at the time of the offense • If the court is convinced that the person should be in custody for his/her own safety68 United States 20.873 • Strong suspicion of flight risk • Potential to obstruct justice or intimidate a witness74 • Risk of danger to specific individuals or the community • The nature and circumstances of the crime75 F I N D I N G D IR EC TION Locations of Pretrial Incarceration Bail Practices and Conditions Bail can be set by the police or the court with the court having the Held in prison, but under less strict ability to change or remove bail previously set by the police.50 conditions than the general prison Bail conditions vary by case but can include: attending court at the population so that they can access legal date and time agreed to, supervision, having a surety, home deten- services and bail more easily49 tion and abiding by a curfew.51 No commercial bail People on remand are the responsibil- Bail is set by the court. ity of State and Territorial governments Conditions of bail can include: curfews, treatment for substance are responsible for pretrial incarcera- abuse, counseling for anger management and prohibition from fire- tion. People are held in prisons, jails, arms possession as well as monetary fine if the person does not or remand centers (facilities specifically appear in court or comply with bail conditions.55 meant to house people on remand).54 No commercial bail Legally required to be held in prisons, No bail system, but most defendants are eligible for release on per- some of which are solely dedicated to sonal recognizance60 remand inmates58 If a person is in custody, they can request the court to reconsider In practice, however, people are often and rule on their remand sentence every two weeks while awaiting held in police cells, even after their ini- trial.61 tial appearance in court.59 No commercial bail Housed in prisons, at least some of The bail system is infrequently used and normally is applied to which are specifically for people on wealthy defendants, requiring payment, however, the use of sure- remand64 ties is allowed.65 Police officers can release a person on “street bail,” in order to allow them to avoid overnight detention at a police station if they Held in remand centers, which are housed within a prison service facility 69 Law requires that people held on remand not come into contact with convicted persons.70 agree to appear at the police station at a later time.71 Conditions of bail are set in 25-33 percent of cases and can include: restriction of residence, prohibition from contact with a specific person, geographical travel boundaries, curfews and reporting to authorities.72 No commercial bail Varies by case but common bail conditions include: reporting regu- Held in prisons, local jails, or detention centers, some of which are specifically for people that are pretrial76 larly to police or a pretrial services agency, supervision by a designated custodian, geographical restrictions, prohibition from contact with specific people and the use of electronic surveillance77 With the exception of four states, commercial bail is permissible.78 19 20 justice polic y institute that in those nations people are released on their people to a term of own recognizance more often and bail is a right, incarceration more not a privilege, issued relatively infrequently than three times as within the guidelines of a few, specific offenses. 42 Releasing more people pretrial would not only potentially reduce the number of people going to prison, but prevent people from losing connections to work, family and community while being held pretrial.43 In addition, holding more people pretrial is not correlated with having higher rates of crime or victimization. Policy OpportunitY Increase releases pretrial: Comparison nations other than Canada use pretrial detention less than the United States, without experiencing a negative impact on public safety. End commercial bail: Comparison nations forbid paying a third party any sum in exchange for post- often as any other of the comparison nations. Comparatively, England and Wales, Germany, and Finland use fines far more often than any other response to an offense. Germany and Finland, 63 months Average length of sentence of incarceration in the United States. in particular, use fines more than the U.S. uses a sentence of incarceration.80 The U.S. also uses “control of freedom” more often than any other nation, as well. This could include supervision in the community, or some other placement under the control of a correctional agency. The United States and Finland also appear to be ing bail.44 Private corporations contribute to the the only nations in this comparison that sentence number of people held pretrial because they make people to community service. bail decisions based on what is profitable, not the risk to public safety. States like Oregon, Illinois, Kentucky, and Wisconsin abolished commercial bail and require down-payments to the court, which are refunded only upon the person’s appearance in court. Sentencing Germany and Finland use a special type of fine that is on a sliding scale, which creates accountability that takes into consideration ability to pay. These “day fines,” which were first developed and used in Finland in 1921,81 are based on the seriousness of the offense and apply proportional punishment to all people, regardless of socio-economic status.82 Sentencing practices, especially length of The fine is generally levied based on the amount of sentence,79 are a significant factor, when consider- money a person earns on a given day and is then ing the number of people in prisons. Sentencing given over a period of days (e.g. a 20-day fine or a determines both placement (in a prison or not), and 10-day fine). In Germany, for example, punishments the term of imprisonment. Combined, these two for certain crimes—mainly property crimes and factors can quickly drive up an incarceration rate. assaults83—are assessed in these day fine units. Payment rates are high, but in the cases where payments The U.S. uses prison in response to offenses more often than comparison nations. are not made, community service is often a response; but sometimes, in Finland for example, a prison term of 90 days could be imposed. Recent concerns about The United States sentences people to prison about the number of people going to prison for defaults twice as often as Canada, which in turn sentences led Finland to exclude non-payment of smaller fines F I N D I N G D IR EC TION social services that can prevent crime and reduce victimization, instead of generating significant costs for incarceration.85 Comparatively, many fines in the U.S. are applied regardless of whether or not a person can pay them; the penalty for not paying a fine in the U.S. is often incarceration. The U.S. sends people to prison longer for similar types of offenses U.S. research shows little to no correla- from a prison penalty and to reduce the number of tion between time spent in prison and recidivism possible days spent in prison for default to 60 days.84 rates.86 In other words, a longer sentence does not Regardless of the relatively low level of default, the necessarily reduce the chances that a person will fine system raises money that can be reinvested in commit an illegal offense again (unless a person is Despite similar crime rates, the U.S. relies most heavily on incarceration as a sentencing option. 77.2 69.9 75.8 69 70% 60% 50% 0% 30.1 33.5 Canada England and Wales 20.5 6.5 15.3 7.5 3.6 13.4 7.2 9.4 8 10% 9.2 20% 3.3 30% 33.8 40% 27.5 Mean Percent of Total Adults Sentenced (1995-2000) 80% Finland Imprisonment Control of Freedom Fines Community Service Germany United States Warnings Source: Kauko Aromaa and Markku Heiskanen, eds. Crime and Criminal Justice Systems in Europe and North America 1995-2004 (Helsinki: The European Institute for Crime Prevention and Control, 2008). www.heuni.fi/Etusivu/Publications/HEUNIreports/1215524277763; Jan van Dijk, John van Kesteren, and Paul Smit, Criminal Victimisation in International Perspective: Key findings from the 2004-2005 ICVS and EU ICS (The Hague: WODC, Tilburg University, UNICRI, United Nations Office on Drugs and Crime, 2007) www.unicri.it/wwd/analysis/icvs/pdf_files/ICVS2004_05report.pdf Note: Combinations of sentences are possible, so percentages per nation to do not always add to 100 percent. 21 justice polic y institute The U.S. gives longer sentences for similar types of offenses. 100 90 91 80 Average Sentence Length (Months) 22 70 72 60 60.1 60 57 50 44 40 30 37.9 34.4 30 20 21.6 10 0 20 16 15.2 10.7 Drug Offenses England and Wales (2006) Robbery 10.9 Assault Australia (2006) 8.1 Fraud United States (2006) Finland (2006) Source: Tom Bonczar State Prison Admissions, 2006: Sentence Length by offense and admission type (Washington, DC, Bureau of Justice Statistics: 2010) http://bjs.ojp.usdoj. gov/index.cfm?ty=pbdetail&iid=2174; Marcelo F. Aebi and others, European Sourcebook of Crime and Criminal Justice Statistics, Fourth Edition (Zurich, Switzerland, Ministry of Justice, 2010). www.europeansourcebook.org/ob285_full.pdf ; Prisoners in Australia, 2006 (Canberra, Australian Bureau of Statistics, 2006) www.abs.gov.au/AUSSTATS/ abs@.nsf/DetailsPage/4517.02006?OpenDocument. Robbery: Defined as “Robbery, extortion and related offences” in Australia. Assault: Defined as “Violence against the person” in England and Wales. Fraud: Defined as “Fraud: Defined as “Deception and related offences” in Australia and “fraud and forgery” in England and Wales. imprisoned until death). Yet, in addition to a more for Germany, the U.S. sentences people to prison extensive reliance on incarceration in the United for longer than Finland, Australia or England and States, the U.S. also tends to give longer sentences, Wales for robbery, assault, and fraud. further serving to increase the U.S. incarceration rate. When comparison nations do give a sentence of The average sentence length for all sentences in the incarceration, the sentence is usually shorter than in U.S. (63 months) is higher than that in Australia the U.S.90 In the U.S., many believe that longer pris- (36 months)88 and Germany (between one and two on sentences remove people from the community so years).89 Differences in sentencing for drug offenses, that they cannot engage in illegal behavior, and that in particular, likely contribute to this disparity in the threat of severe punishment would deter this average sentences. People convicted of drug of- participation, thus protecting public safety. How- fenses in the U.S. receive an average sentence of five ever, countries with lower prison populations and years compared to just 32 months in England and shorter prison sentences do not necessarily have Wales. While data was not available by offense type higher rates of victimization91 or reported crime.92 87 F I N D I N G D IR EC TION The lack of evidence that there is a measurable, of people incarcerated for drug offenses in state consistent correlation between public safety and and federal prisons increased 1,412 percent from incarceration across comparison nations indicates 23,900 to 361,276.130 In 2006, 24 percent of the peo- that there is opportunity to consider that less incar- ple in state and federal prisons were there because ceration and shorter sentences might yield similar their most serious offense was a drug offense.131 public safety results without the expense or negative impact to people and communities. This is in contrast to other countries where people convicted of drug offenses make up a smaller percentage of the prison population. This difference Policy Opportunities has less to do with the percentage of people who use drugs in these countries and more to do with Day fines (structured fines): Based on the seriousness of the offense, day fines apply proportional punishment on all people, regardless of socio-economic status. The fine is generally levied based on the amount of money a person earns on a given day and are designed to hold a person accountable, but not to be so burdensome that they cannot realistically be paid. Officials that manage the day fines also frequently follow-up with people scheduled to pay them to determine if the financial situation has changed or if there are other barriers to payment. Responses for non-payment include community service, day reporting centers, home confinement, and half-way houses. Staten Island, New York, Maricopa County, Arizona, and Iowa have all implemented structured fine programs. 93 their philosophy on drug use, specifically whether they take a public health or criminal justice position. Countries such as Canada and Australia have a much lower percentage of their prison population taken up by people convicted of drug offenses than the U.S., but all countries used in this report have significantly lower drug imprisonment numbers and percentages.132 Drug use is not necessarily higher in the U.S. than in comparison nations. People in the United States do not necessarily use drugs more than people in other countries, and rates of imprisonment for drug offenses are not correlated with patterns of drug use. For example, Canadians self-report using cannabis at a higher Shorten sentences: Shorter sentences of incar- rate than U.S. residents, and all other drugs at ceration for all offenses would significantly reduce similar rates, yet the U.S. continues to lock-up a the number of people in prison without sacrificing higher percentage of its residents in prison for drug public safety. A shorter amount of time in prison offenses; only 6 percent of Canada’s prison popula- could be accompanied by community-based alter- tion is incarcerated for a drug offense compared to natives that are designed to facilitate reentry. 24 percent in the U.S. Punitive response to drug use A country’s or locality’s response to certain behaviors can play a large part in its incarceration rate. The growth in the U.S. prison population has been fueled, in part, by the increase in incarceration for drug offenses. Between 1980 and 2006, the number While it is worth comparing drug arrests and imprisonment across countries, an additional factor to consider is that some countries consider drug addiction a public health problem before they consider it a criminal justice problem. Comparing the number of drug arrests in the United States to those in Germany, for example, is not likely to be a fair comparison because the types of drugs and the 23 24 justice polic y institute Sentencing Country Sentencing Approach for Adults Territories have control over their own sentencing regimes but generally incarceration is used as a last resort, with fines and community service being commonly administered.95 Australia Western Australia is the only territory to use mandatory minimum sentences for some nonviolent and non-sexual crimes.96 Some other territories have minimums in place for serious crimes.110 Sentences must be proportional to the seriousness of crime and responsibility of the per- Canada son; minimum intervention approach followed; mandatory minimums used with restraint and mostly in the case of murder.102 Sentences of incarceration can also include a term of probation.103 Sentences range from 14 days to 15 years (with multiple offenses), or life, during which Finland time a portion of the sentence can be served on parole.107 Sentences must be proportional to seriousness of crime in question and responsibility of the offender.108 Germany England and Wales118 Courts generally have a range of sentences to choose from; Imprisonment for minor offenses is discouraged; Mandatory minimums are in place for serious offenses.113 Emphasis on fines and community service; incarceration only used in cases of serious crimes.119 Mandatory minimums applied to repeat offenders of specific crimes and very serious crimes.120 States have control over individual sentencing regimes with a general pattern of emphasis United States on retribution and incarceration.124 Mandatory minimum sentences applied to various offenses, including drug possession and gun possession.125 Sentences can include a term of probation that place limits on freedom. F I N D I N G D IR EC TION Sentencing Approach for Juveniles Average Custodial Sentence Length94 Community-based alternatives and fines Fines, community service, suspended emphasized; incarceration is normally the sentence of last resort.98 Western Australia’s 36 months100 mandatory minimum sentencing does extend to Custodial sentences only given in case of serious violent offense; emphasis placed on com- sentence, probation, educational or rehabilitative programs, home detention.101 juveniles.99 munity supervision programs. Alternatives to Incarceration Fines, restitution, community service, 4 months105 suspended sentence, probation, intermittent imprisonment.106 104 Persons under 18 years cannot be sentenced to imprisonment except in cases where there is an important reason for doing so.109 Fines 10.1 months111 or community service are normally imposed Fines, suspended sentence, community service, no penalty.112 instead.110 Courts follow a minimum intervention approach, placing emphasis on diversion 6-12 months115 and suspended sentences rather than imprisonment. Fines (Day Fine System),116 suspended sentence, diversion.117 114 Incarceration only used in the most serious cases; fines, community service, and referrals to youth offender panels used in lieu of custo- Fines, community service, suspended 13 months 122 Wales).123 dial sentences.121 Fines, community service, community Focus on punishment rather than rehabilitation substance abuse or mental health leads to use of custodial sentences, including the possibility of a life sentence without parole sentence, probation (England and 63 months 128 treatment, intermittent imprisonment, in federal cases and in 44 states.126 In many home detention, boot camps, suspend- states, juveniles can be tried in adult courts. ed sentence.129 127 25 justice polic y institute 30% In the United States, people sentenced to more than a year for drug offenses accounted for nearly one-quarter of the prison population in 2008. In other countries, the percentage of people sentenced for drug offenses is much lower. 25% Percent of people in prison sentenced for a drug offense 26 24 20% 15% 15.2 16.8 14.9 10% 10 5% 0% 5.6 Finland Germany England and Wales Australia Canada United States Sources: United States: William Sabol, Heather West, and Matthew Cooper, Prisoners in 2008 (Washington, DC: Bureau of Justice Statistics, 2009). http://bjs.ojp.usdoj.gov/ content/pub/pdf/p08.pdf Includes both people in both federal or state prisons, Finland, Germany, UK: Council of Europe, Annual Penal Statistics – SPACE I – 2008 (Strasbourg, France: Council of Europe, 2010). www.coe.int/t/dghl/standardsetting/prisons/SPACEI/PC-CP(2010)07_E%20SPACE%20Report%20I.pdf Canada: Laura Landry and Maire Sinha, “Adult Correctional Services in Canada, 2005/2006,” Juristat 28, no. 6 (June 2008). www.statcan.gc.ca/pub/85-002-x/85-002-x2008006-eng.pdf, Sentenced only, does not include remand. Australia: Australian Bureau of Statistics, Prisoners in 2008, Australia (Canberra, Australia, Australian Bureau of Statistics, 2008). www.abs.gov.au/ AUSSTATS/abs@.nsf/Previousproducts/4517.0Main%20Features22008?opendocument&tabname=Summary&prodno=4517.0&issue=2008&num=&view= quantities for which a person can be arrested are amounts of drugs, people who use drugs and pos- distinctly different. In other words, that the United sess small quantities are likely to receive treatment States considers drug use a criminal justice prob- over prison in recognition that drug abuse is a lem changes how it is observed and counted, and public health problem. also has a unique impact on the prison population. Drug use is seen as a public health problem and not a criminal justice problem in comparison nations. Drug policies in the United States, and increasingly in the United Kingdom, are shaped around the belief that drugs fuel crime and reducing drug use is accomplished by penalizing drug-related behaviors. On the other hand, drug policies in Germany, Finland and Canada are meant to reduce drug use through a public health modality that includes treatment and the encouragement of healthy lifestyles. Although these countries do continue to target traffickers and people that possess large The attitudes and practices in drug policy vary across nations and range from a first response of treatment and prevention to enforcement and interdiction. Current U.S. approaches focus more on enforcement than treatment and, often, when there is treatment available, it is within the context of the criminal justice system. Indicative of the lack of attention that the U.S. gives to treatment and prevention is a study released by The National Center on Addiction and Substance Abuse at Columbia University. The study found that substance abuse and addiction cost localities, states, and the federal government $467.7 billion in 2005, but slightly less than 2 percent of those expenditures were on treatment F I N D I N G D IR EC TION and prevention. The remaining funds went toward Comparison countries have nationally sup- managing the consequences of substance addiction, ported or subsidized health care systems, including homelessness, crime, domestic violence, which usually include some access to drug and child abuse. treatment or treatment of other physical or 133 • mental health problems that can catalyze Mandatory minimum sentences: While drug use.136 The United States has treatment other comparison countries have mandatory facilities, but they are often only available to minimum sentences, they are usually focused people who can afford private insurance to pay on firearms and specific, violent offenses, espe- for them out of pocket, or through the limited cially sex offenses.134 The United States and the capacity of the criminal justice system, which United Kingdom have mandatory minimum maintains a punitive structure that impedes sentences for drug offenses. In the case of the recovery. United Kingdom, the mandatory sentence is for trafficking, but in the United States a man- • • Harm reduction: Many nations use a harm datory sentence can be for possession of illicit reduction approach to certain aspects of drug substances, as well. Some of the harshest man- addiction in their countries.137 The Netherlands datory sentences in the U.S. were implemented has, since the 1970s, relied on harm reduction in the 1980s and involve possession offenses, as a primary response to drug use. This ap- many related to crack cocaine. In 2010, the proach focuses on the minimization of risks United States passed historic federal legisla- and hazards of drug use by emphasizing tion reducing the disparity in sentencing for health care, prevention, and regulation of cocaine versus crack from 100 to one to 18 to individual use, while directing enforcement one, which is, perhaps, indicative of a willing- measures largely against organized crime (i.e. ness to review the consequences of mandatory trafficking). Dutch drug policy takes a market minimum sentences.135 separation approach to enforcement (hard drugs vs. soft drugs) with criminal penalties Treatment systems: The availability and affordability of treatment is a primary differ- focusing on hard drug violations.138 ence between the U.S. and other countries. The percent of people in the U.S. that report drug use in the last year is not necessarily greater than the percent of people that report drug use in the last year in other countries. United States England and Wales Canada Finland Germany Australia Cannabis 12.30% 7.40% 17% 3.60% 4.70% 10.60% Opiates 0.58% 0.98-1% 0.21-0.42% 0.23% 0.14-0.29% 0.4 Cocaine 2.80% 2.30% 2.30% 0.50% 0.7 1.90% Amphetamines 1.60% 1% 1%, 0.6 0.50% 2.70% Sources: United Nations Office on Drugs and Crime, World Drug Report 2009 (Vienna, Austria: United Nations Office on Drugs and Crime, 2009). www.unodc.org/ documents/wdr/WDR_2009/WDR2009_eng_web.pdf Note: The age ranges change slightly per each drug and each country. 27 28 justice polic y institute The Netherlands is a good example of a coun- will receive a fine, treatment, or probation,143 try using a harm reduction approach to drug but could also be told to refrain from certain use. In the 1980s, the Netherlands became one types of bars or concerts.144 of the first nations to offer a needle exchange program to curve the spread of Hepatitis and HIV/AIDS among its population. Additionally, under the market separation approach “coffee shops” were developed as a safe location for individuals to engage in the use of soft drugs (i.e. cannabis) without their behavior having criminal or legal repercussions.139 Although the Netherlands has historically had more relaxed criminal enforcement policies compared to other European democracies, approximately 18.6 percent of its prison population is still incarcerated for a drug offense.140 • Decriminalization: Not all nations consider all drugs to be illegal. For example, in the Netherlands, cannabis is legally permitted, but other drugs, like opiates, are not treated as leniently.141 It is not necessarily a crime to consume or possess drugs in other countries, but it may still be considered a crime to deal or distribute them. According to a 2009 report by the Cato Institute, by removing the threat of imprisonment and re-allocating resources to treatment, Portugal has successfully decreased drug-related deaths, disease transmission, all drug use among youth aged 15-19 and lifetime cannabis use among people 15-64.145 Between 2002 and 2008, the percent of Portugal’s prison population that was sentenced for a drug offense also went down 20.5 percentage points from 41.8 percent146 to 21.3 percent.147 A second study released in 2010 found that any increases in reported drug use in Portugal were consistent with increases in neighboring countries, while there was reduced drug use among youth, increased admission to treatment, a reduced burden on the criminal justice system, reductions in deaths related to opiate use, reductions in deaths from infectious diseases, and increases in drug seizures.148 Such results indicate that decriminalization will not have In 2001, Portugal decriminalized all drug a widespread detrimental impact on public use and possession – but not trafficking or health or public safety. distribution – based on research that decriminalization of drugs reduces drug use, which in turn, can decrease drug-related crime.142 While drug possession is still illegal, the sanctions are not meted out through a criminal process. Instead, the person is summoned before a Commission of Dissuasion of Drug Addition, which is a panel made up of social workers and counselors that meets outside of court. The Commission assesses the person’s drug use habits and determines the appropriate response. Most often the person F I N D I N G D IR EC TION Four Pillars: Switzerland and Vancouver, Canada Switzerland was the first country to adopt the four pillars approach to reducing substance misuse. In the 1980s, Switzerland became increasingly concerned about the use of drugs that are injected and the spread of HIV. Previous policy focused on abstinence, but the desperation of the situation led researchers and policymakers to change their approach. Rather than focusing on eradication, they experimented with the concept of managing the drug problem. This shift in policy incorporated a shift in language as well—substituting the term “risk reduction” for the controversial “harm reduction.” The philosophy behind the term considers that drug users still have rights, including the right to life. Therefore, in practice, risk reduction means using controversial treatments such as prescription heroin. With this change in attitude, Switzerland established the Four Pillars model of drug policy. The four pillars of Switzerland’s drugs policy are: • prevention • treatment • risk reduction • enforcement Legally, the Four Pillars Model was introduced at the community-based level by field workers in the 1980s. In 1994, the federal government cited the policy as the national strategy. In 2008, it was passed as federal law. The Swiss model has had positive results including reduced numbers of heroin users, cases of HIV, and deaths. In response to concerns about overdoses, the spread of disease, inadequate treatment and the relationship between illegal behavior and drug addiction, the city of Vancouver, Canada adopted its own version of the four pillars approach in 2005. Vancouver took a cooperative approach that involves private businesses, government agencies, non-profit organizations, and advocacy groups. It is not only community-based, but customized to address the needs of specific communities. An evaluation of one aspect of the Four Pillars Policy, the Supported Employment Project, found that the project’s work to secure temporary employment for people in recovery has been successful in preparing people for permanent employment. For example, only 25 percent of people in the program relapsed at the end of their term of employment. 1,412% Increase in the number of people in U.S. prisons for drug offenses since 1980. Germany also has a Four Pillars policy, and similar harm reduction practices can be found in the UK and the Netherlands. Sources: The Swiss Four Pillars Policy: An Evolution From Local Experimentation to Federal Law, www.great-aria.ch/pdf/ Infos/Beckley_Briefing_2009.pdf The City of Vancouver, Four Pillars Drug Policy, “Four Pillars Drug Strategy Fact Sheet,” December 3, 2010. http:// vancouver.ca/fourpillars/fs_fourpillars.htm. Diana Ellis, Summary Evaluation Findings: Four Pillars Supported Employment Project (Vancouver, Canada: Drug Policy Program: 2008). http://vancouver.ca/fourpillars/documents/FPSESummaryDec08.pdf 29 30 justice polic y institute Punitive Response to Drug Use Country Law Intention of Law Germany Germany’s Action Plan on Drugs and Addiction and Narcotics Act of 1981149 Prevent and treat addictions to illicit substances, as well as harm reduction and decreasing the supply of drugs Finland Narcotics Act of 1993, National drug strategy of 1997 Combat demand for illicit drugs and focus on early intervention and drug addiction prevention151 Australia Drugs, Poisons, and Controlled Substances Act of 1981, National Drug Strategy: Australia’s integrated framework 2004-2009152 Prevent and reduce the harmful effects of substance use through national educational campaigns, treatment, and criminal penalties153 England and Wales Misuse of Drugs Act, made law in 1971, Drug Trafficking Act of 1994 Prevent the non-medical use of controlled substances through criminal penalties157 Canada Controlled Drugs and Substances Act (CDSA), made law in 1996, Bill C-15 (mandatory minimums) United States State laws vary, but are generally referred to as the “War on Drugs” Mandatory minimum sentencing, school zone laws Decriminalization Decriminalization laws for cannabis exist in all eight Australian territories. Some territories have “cannabis cautioning schemes” that provide for civil penalties, while others mandate “prohibition with cautioning and diversion to treatment” plans.154 Prevent use and sale of drugs through criminalization and penalties160 Cannabis is not fully decriminalized in any province; however cannabis for medical purposes can be bought and sold with legal permission.161 Penalize drug use and drug-related behaviors through the criminal or juvenile justice systems Cannabis is not fully decriminalized in any state, however some states allow cannabis to be bought and sold through authorized vendors for medical purposes.164 F I N D I N G D IR EC TION Treatment Measures Possession of small amounts of narcotics, open access to treatment150 Punitive Measures Possession of larger amounts of narcotics is a criminal offense (dealing, distributing, intent to sell). Possession, distribution, and manufacture are criminal offenses. Conviction and sentence depends on the type and quantity of drug. Access to drug courts vary by Australian Territory; however most courts provide a Drug Treatment Order which includes a suspended custodial sentence and a treatment program focused on addressing substance abuse.155 Penalties cover a broad range, but for possession of drugs not related to trafficking, one is subject to a maximum fine of $3000 and/or one year of imprisonment, and the most severe penalty- for persons convicted of trafficking commercial quantities of drugs- is a maximum fine of $500,000 and/or life imprisonment.156 Often available and monitored through Dedicated Drug Courts for minor nonviolent offenses158 Possession, distribution, and manufacture are criminal offenses. Conviction and sentence depends on the type and quantity of drug. Prison sentences can reach life imprisonment for trafficking. Police often handle cases in their jurisdiction.159 Available through Drug Treatment Courts— judicially mandated treatment programs that offer an alternative to jail time for nonviolent offenses.162 Often available after involvement in criminal or juvenile justice systems in prison, community-placement, or drug courts Mandatory minimum prison sentences for certain drug offences, and heightened maximum penalties.163 Possession, distribution, and manufacture are criminal offenses. Conviction and sentence depends on the type and quantity of drug, includes mandatory minimums. Possession of even small amounts of drugs can lead to a prison sentence. 31 32 justice polic y institute Prisons are the new asylums in all of the comparison nations Among the six countries discussed in this report, recent research shows alarming proportions of people in prison that have a mental illness. While the numbers vary from nation to nation, there is a common theory that the deinstitutionalization of the mental health sector has led to the incarceration of more people with mental illness than ever before.165 For the United States, the lack of resources in community-based mental health treatment is evident in low numbers of mental health personnel— especially as a ratio to mental health patients—and a low budget allocation in comparison to most of the other countries.166 Worse yet, a U.S. Department of Justice survey found that more than half of the U.S. prison and jail population have symptoms of a mental health disorder but less than one-third report receiving treatment while incarcerated.167 Some research finds even more daunting numbers in the other countries: • A news report from Germany estimated that 88 percent of incarcerated people have a mental illness or personality disorder.168 • A survey of the New South Wales prison population in Australia found that 78.2 percent of men and 90.1 percent of women had a psychiatric condition upon arrival there.169 • The Prison Reform Trust, an advocacy group in the United Kingdom, found that 72 percent of males and 70 percent of females in prison have at least two mental health disorders.170 • In Canada, an annual report from the Office of the Correctional Investigator found that the number of people being admitted to prisons with mental health issues had increased by 71 percent and 61 percent for men and women, respectively, between 1997 and 2007,171 with one in four new admissions to the federal corrections system having a mental health problem.172 About 37 percent of men and 50 percent of women in prison in the Pacific region of Canada living with a mental health problem.173 • A 2000 study from Finland that followed life results for a group of males born in 1966 found that “one-third of violent and one-fourth of nonviolent male offenders had at least one hospital admission due to a psychiatric disorder before the age of 32,” suggesting that some of the males in the study had gone untreated.174 Though reported numbers may be lower in Canada and Finland, there is still concern about the disparity between the high rates of people with mental health issues in prison and the much lower rates found in the general population of all six countries.175 F I N D I N G D IR EC TION Policy Opportunities 2. Surveillance practices and “tail ‘em, nail ‘em, jail ‘em” philosophies of supervision can send Eliminate mandatory minimum sentencing for people back to prison for violations of supervi- drug offenses: No other comparison nation has sion (i.e., failing to report to a parole officer, mandatory sentencing for possession of small difficulty keeping steady employment, etc.). amounts of illegal substances. Such broad sentencing structures are significant contributors to the number of people in prison in the U.S. Provide treatment first: Treatment for drug ad- 3. Reentry services and practices can help people successfully return permanently to their communities, thereby reducing the number of people entering prison. diction outside the justice system should be widely available and affordable for people who need it. Use a public health response to drug-related offenses: In cases in which the offense is related Releasing more people to supervision would reduce the number of people in prison. to the personal use of drugs, treatment should be Release processes across comparison nations vary the first response rather than incarceration. and appear to be uniformly complicated. Some na- Harm reduction: Needle-exchange programs, for example, not only help prevent the spread of disease, but also give people a safe place to use drugs, thus reducing chances that they will become involved in other illegal activity. tions, including Finland, Australia, and Germany, have automatic parole dates after some proportion of the sentence is served. For example, in Finland, the general rule is that a person who has not been in prison in the previous three years is paroled after serving half of the sentence.176 Recently, Finland also implemented a “supervised proba- Parole and Reentry Parole, reentry and supervision policies and practices have some commonalities, however, the tionary period” for people in prison with long sentences who need more support and services while in the community.177 details about how each of these systems works Other nations, including England and Wales, al- are somewhat difficult to uncover. In other words, low the courts to make some decisions about the there is no central, international repository for pa- proportion of the sentence served in prison and role and reentry information and statistics. the Parole Board to determine eligibility for parole Nonetheless these practices have an important effect on the number of people in prison. This section attempts to aggregate information and compare statistics to show how differences in parole, reentry, and supervision affect prison population. In particular, this section includes a summary of some of the phi- in other cases. Canada also tends to rely on Parole Boards to determine eligibility for parole. In the U.S., “truth in sentencing” and mandatory minimum sentencing laws in some states have eliminated the ability of parole boards to determine release eligibility. losophies and policies associated with these crimi- Australia and Finland, the only two nations con- nal justice practices related to three areas of interest: sidered here with automatic parole dates after a 1. Early, conditional releases from prison to pa- certain proportion of the sentence is served, also role or supervision can reduce the number of have the highest release rates. The other compari- people in prison. son nations which use a more discretionary release 33 34 justice polic y institute Five things to know about supervision in other nations All of the comparison nations have some type of supervision practice when a person is released from prison. As will be discussed, there are differences in the way supervision is carried out across nations. But perhaps more importantly, there are differences in the general implications of supervision that stretch across the entire section. Here are five things to know about parole, reentry, and supervision in the comparison nations: 1. Automatic releases before the end of a sentence are routine in Australia, Finland, and Germany. 2. People are rarely held in prison until they complete the entire sentence. 3. Reentry services are more automatically, widely, and routinely available. 4. People released from prison without supervision are not excluded from receiving services or the support of a parole agency. 5. Although all nations commonly use the word parole to describe the conditional release of a person from prison, probation is sometimes used to describe the agency that provides supervision. strategy have more similar rates of release.178 De- who are returned to prison for parole violations. spite these differences in conditional release rates, For example, the United States and England and crime rates do not vary significantly across nations. Wales use a supervision-heavy parole system which Some states in the U.S. are using different release mechanisms, some of which are already in use in countries like Finland. For example, medical leave is possible in some states, by which people in prison who are very ill can be released and some states are relying more frequently on risk assessments to determine eligibility as soon as it is possible within the rubric of mandatory sentences. Surveillance practices are likely to contribute to the number of people in prison. relies on frequent contact and lots of rules which must be obeyed. While some U.S. jurisdictions are increasing the availability of other resources, such as job training, drug treatment and program referrals, these vary greatly between different states and even different cities. In other words, the parole system seems to be designed to catch a person doing something wrong, rather than provide the services to prevent an offense. By contrast, Germany and Finland primarily use parole and probation services as a way of ensuring that the person leaving prison is receiving appropri- While preventing new offenses from occurring is im- ate services and treatment to help ensure reintegra- portant, it is also important to ensure that people are tion into the community.181 In fact, in Finland, only not returning to prison for violations of parole that one in five people on parole have a supervision or include missing appointments with parole officers, surveillance component to their release (although being unemployed, or failing a drug test.179 In the that does not mean they do not have access to ser- U.S., for example, approximately 16 percent of people vices through a parole officer) and even in the cases on parole are returned to prison because parole was of new offenses, the person does not necessarily go revoked for a violation of the conditions of parole.180 back to prison.182 Canada and Australia use a more The philosophy that guides parole practice may have a significant effect on the number of people combined parole modality that uses both supervision and service. F I N D I N G D IR EC TION Even though the U.S. as a whole tends to use a sur- A universal shift to a parole system in all states and veillance-heavy approach for parole, some states are localities that includes more of a social work modal- increasingly shifting toward a more balanced, sup- ity rather than one focusing on policing and sur- portive parole system that incorporates more reen- veillance modality would ensure that fewer people try services. Under budgetary pressure and realizing return to prison for technical violations, thus reduc- that prison populations were growing while people ing the number of people in prison. Such a shift will were being returned to prison for violating parole, also facilitate the delivery of more reentry services, Kansas, Georgia, and New Jersey began instituting a as discussed in the next section. philosophy shift in parole and incorporating graduated responses to behaviors that violate parole.183 Of the comparison nations, Australia and Finland release the highest proportion of its prison population to supervision in 2006. 40% Percent of Prison Population 35% 36% 30% 29% 25% 24% 20% 20% 21% 15% 10% 5% 0% England and Wales United States Finland Australia Canada Sources: England and Wales: Kings College, “World Prison Population, Seventh Edition,” 2007. and National Offender Management Service, End of Custody Licence Releases and Recalls 1 to 31 December 2007, England and Wales (London, UK: Ministry of Justice, 2008), www.justice.gov.uk/publications/docs/stats-ecl-1207.pdf USA: Kings College, “World Prison Population, Seventh Edition,” 2007. and Thomas P. Bonczar and Lauren E. Glaze, “Parole in 2006, Appendix Tables, May 22, 2008,” Bureau of Justice Statistics, December 16, 2010, http://bjs.ojp.usdoj.gov/index.cfm?ty=pbdetail&iid=2072 Finland: Kings College, “World Prison Population, Seventh Edition,” 2007. and The Criminal Sanctions Agency, “The Annual Report of the Criminal Sanctions Field, 2006,” 2006. www.rikosseuraamus.fi/uploads/98oocf1fpkzwq.pdf Australia: Kings College, “World Prison Population, Seventh Edition,” 2007. and Western Australia Parole Board, “Western Australia Parole Board Annual Report, for the Year Ended 30 June 2006,” 2006. www.prisonersreviewboard.wa.gov.au/_files/Parole_Board_Annual_Report_2006.pdf, The Parole Board of the Northern Territory, “2006 Annual Report,” 2006. www.nt.gov.au/justice/documents/depart/annualreports/paroleboard_annrept_2006.pdf, Department of Corrective Services, Queensland, “Annual Report, 2005-06,” 2006. www.correctiveservices.qld.gov.au/Publications/Corporate_Publications/Annual_Reports/annual05-06/images/Annual%20Report%2005-06.pdf, Department for Correctional Services, South Australia, “Annual Report 2005-2006,” 2006. www.corrections.sa.gov.au/annual_report/2005-2006/pdf/DCS_Annual_Report_2005_06.pdf, New South Wales Department of Corrective Services, “05-06 Annual Report,” 2006. www.correctiveservices.nsw.gov.au/_media/dcs/about_us/publications/annual_reports/ annual_report_2005-2006/AnnualReport2006.pdf, The Parole Board of Tasmania, “2007 Annual Report,” 2007. www.justice.tas.gov.au/paroleboard/annual_reports/Parole_Board_Annual_Report_2007.pdf, The Adult Parole Board of Victoria, “2005-06 Annual Report: Continuous Improvement,” 2006. www.justice.vic.gov.au/wps/wcm/connect/ e5149300404a89fda1eefbf5f2791d4a/APB_Annual_Report_2005_06.pdf?MOD=AJPERES. Canada: Data available from 2009 only. Kings College, “World Prison Population, Seventh Edition,” 2007. and Statistics Canada, “Adult correctional services, admissions to provincial, territorial and federal programs,” December 16, 2010. www40.statcan.gc.ca/l01/ind01/l3_2693_2149-eng.htm?hili_legal30 35 36 justice polic y institute Post Release Supervision (Parole) Country Australia Agency that Delivers Post-Release Supervision Services The State or Territory Department of Corrective Services delivers parole services via community corrections staff.184 The Correction Service of Canada190 Canada Local police jurisdictions through Integrated Police-Parole Initiative191 Some community-based agencies and individuals192 Finland Approach to Post-Release Supervision Designed to assist people moving back into the community with supervision and advice from parole officers. Large caseloads have led to more risk management strategies185 over service due to some people on parole having insufficient contact with officers.186 Parole is considered the bridge between incarceration and returning to the community by providing help and supervision during a gradual release process.193 Public safety is the foremost consideration taken into account when making parole decisions and risk management strategies are used to formulate release plans.194 Parole officers are expected to fulfill a dual role of enforcement agent and counselor.195 The goals of supervision and community Probation Service delivers parole servic- sanctions are to help people adopt lives es – assigning conditions of release and without crime, promote the reintegration supervision requirements. 200 Different au- of sentenced people back into society, thorities, communities, workplaces, and and to reduce the chance of recidivism.202 private persons often assist the Probation Minimal focus is placed on risk manageService with providing services.201 ment or supervision strategy – approach emphasizes reintegration. F I N D I N G D IR EC TION Mechanisms of Release Decisions Terms and Conditions of Parole For federal offenses, there is often a non-parole period. If the sentence is less than 10 years, the person is automatically released after the nonparole period without the discretion of government officials. If the sentence is over 10 years, the Minister makes the release decisions. 187 At the state or territory level, there are similar practices related to non-parole periods and State or Territory Parole Boards make parole release decisions in states or territories.188 Varies by jurisdiction and individual cases, but common conditions include: reporting to the parole officer, keeping changes of address or job up to date, requesting permission for travel (domestic and international), counseling for financial, emotional or marital problems and drug addiction treatment and testing.189 The Parole Board of Canada handles parole decisions for all Federal cases, State and Territory cases not under the jurisdiction of Ontario or Quebec (which have their own Parole Boards).196 Standard conditions apply to every person paroled and include: reporting to parole supervisor, staying within specific geographic boundaries, reporting changes in financial, housing, or family situations; additionally, for people on day parole, they must return to the penitentiary at the specified date and time. 198 Release decisions are made based on three major factors: criminal history, institutional behavior and benefit from release plan programs.197 People who have not been in prison at some point in the prior three years of the current offense, can be released after serving half of the sentence. If the offense was committed when under 21 years of age, the corresponding time is one-third. Otherwise, people sentenced to prison can be released on parole when they have served two-thirds of their sentence or half of the sentence if the offense was committed when the person was under 21 years of age.203 On certain conditions, people serving life sentences can be released after serving 5/6 but at least three years of the sentence. Helsinki Court of Appeal decides on the release. Only one out of every five people on post-release supervision are court ordered to supervision by the Probation Service; supervision is generally used if the parole period is more than one year, if the offense was committed when the person was under 21 years of age, or if the person requests supervision.204 Special Conditions take into account individualized risk and include conditions such as abstinence from alcohol and drugs or more stringent geographical/travel limitations. 199 People ordered to supervised release are required to participate in the formation of a supervision plan and to attend meetings with an assigned supervisor.205 During these meetings, the supervised person is required to provide information related to work, housing, education, and his/her current financial situation.206 The supervised person is prohibited from attending supervision meetings under the influence of alcohol, but is otherwise not restricted from using alcohol unless agreed to in the supervision plan.207 37 38 justice polic y institute Post Release Supervision (Parole) Country Germany England and Wales United States Agency that Delivers Post-Release Supervision Services Approach to Post-Release Supervision Nearly all probation services are government run and under the jurisdiction of the respective state, with the exception being of Baden-Württemberg, which has contracted probation services through a private provider named NEUSTART.208 Less emphasis is placed on supervision as in other nations. The court does not require supervision in every case and parole officers are expected to assist and look after the person on parole.209 Even though compliance is monitored, not every new offense leads to a revocation of parole. Revocations only happen when the person shows that the expectations on which the parole was based have not been fulfilled.210 The Probation Service, located within the Ministry of Justice, is in charge of providing parole services.215 Services are chiefly delivered through probation staff but the private and voluntary sector are increasingly involved in the provision of services.216 Both the Parole Board and the Probation Service are principally concerned with protecting public safety by managing the risk posed by releasing individuals on parole. The Probation Service highlights enforcement of parole conditions as a top priority.217 Emphasis on risk management and supervision indicates a system based on surveillance and control rather than rehabilitation.218 Parole service provision varies widely by jurisdiction. Supervision can be handled by a parole supervision agency which may be overseen by the Parole Board, housed under the State Department of Corrections, or within a separate state agency.223 Other State and Federal level agencies, community organizations, non-profit organizations, and local law enforcement are often involved in providing parole services.224 Focus is primarily on strengthening surveillance, limiting risk, and promoting punishment as opposed to emphasizing rehabilitation. Recently, however although recently there has been some indication that States are becoming more interested in treatment strategies that would reduce recidivism.225 F I N D I N G D IR EC TION Mechanisms of Release Decisions Incarcerated persons are automatically considered for parole after serving one half of their sentence if they have no previous sentences and the sentence is less than two years or after serving two-thirds of their sentence in other cases not involving a life sentence.211 Those serving a life sentence are automatically considered for parole after serving 15 years in prison.212 Parole decisions are made by the court system.213 Terms and Conditions of Parole Terms and conditions of parole vary by case; some examples are: supervision by a probation officer, community service, reparations for the injury caused, instructions regarding place of residence and regular reporting to a court.214 The Parole Board makes parole decisions and attempts to help rehabilitate people where appropriate, however the main factor considered in Conditions vary by case but general requireparole decisions is the risk to public safety.219 ments include: meeting with supervising officer, People with a determinate sentence are allowed staying out of legal trouble, maintaining up to to apply as early as six months before the half date records regarding address and phone numway-point of a sentence.220 People with an inber, being on time for supervised appointments determinate sentence such as a sentence to and having probation staff home visits.222 life can be considered for release by a Parole Board after serving the minimum amount of prison time required for their particular offense.221 Varies by jurisdiction but parole decisions are often made by state level parole boards.226 In other places, courts determine sentencing by using mandatory minimum sentences. Conditions vary by jurisdiction but can generally be divided into standard and special conditions.228 Standard conditions can include: restrictions on changing residence, maintenance of employment or enrollment in educational programs and home or work visits.229 The method of making parole decisions can vary but an increasingly dominant paradigm involves using risk assessment tools to estimate Special conditions can include: participation in the person’s chances of returning to prison.227 drug or alcohol treatment programs and psychological treatment programs.230 39 40 justice polic y institute Parole Innovation in the united states Kansas: In 2001, people whose parole was revoked for violating conditions of parole made up 44.4 percent of prison admissions. In order to reduce the number of people returning to prison for violating the terms of parole, Kansas began by implementing evidence-based practices and relying more heavily on risk and needs assessments. Rather than focusing on the quantity of meetings with people on parole, parole officers were to focus on quality, using a strengths-based approach and the community as a resource for services and supports. Parole officers use a case management strategy, rather than a law enforcement, surveillance strategy when working with people on parole. As a result of the state’s efforts, parole revocations resulting from violating the terms of parole decreased to 39 percent of admissions to prison in 2004. Georgia: Even though Georgia had made efforts to build a “Results Driven Supervision” process, people were still returning to prison for technical violations of parole. To address this issue, Georgia undertook a variety of changes to its parole system, but one of the most sweeping was a matrix of violations that ensured that the response to a behavior was proportionate to the seriousness. For example, failing to appear for a meeting did not have the same response as an arrest for a felony. The matrix also includes a system of rewards for following the conditions of parole. The Board of Pardons and Paroles made an effort to change the general tone of parole by changing language used by parole officers and in policies and providing training. As a result of these efforts, parole revocations dropped approximately 11 percent. New Jersey: The State found that parole revocations were contributing to prison overcrowding and half of the people returning for parole revocations had not committed a new offense. To help address the issue, New Jersey began by clarifying the mission, vision, and goals of parole to state the importance of promoting successful reentry into the community. Specific tools include graduated responses to violations of parole, tying services, supports, and resources to the community and community organizations, and changing expectations for staff to promote case management over surveillance. Staff are evaluated on their ability to carry out a service-based philosophy along a rubric called the “Performance Assessment Review” system. From 2003 to 2004, New Jersey decreased parole revocations 22.3 percent. Source: National Institute of Justice, “Parole Violations Revisited: Innovations in Four States,” January 14, 2011. www. paroleviolationsrevisited.org/4states 16% of people on parole in the U.S. are returned to prison because parole was revoked for a violation of the conditions of parole. F I N D I N G D IR EC TION Supervision and Unconditional Release In the United States, approximately 200,000 people are released from prison without supervision because it is the end of their sentence or under some other type of mandatory release.231 Because supervision, or parole, is usually the only or best way to have access to services like housing, employment assistance, or other reentry services, people who are released without supervision are left on their own to reintegrate into their communities. By contrast, in Finland, everyone who is released from prison has access to those services regardless of whether or not they are supervised closely by a parole officer. Only one in five people released from prison in Finland are supervised. Finland also allows people who are released from prison to request supervision.232 Widely available reentry services prevent returns to prison. for two reasons. First, the United States tends to incarcerate more and “less risky” cases, while other Reentry or reintegration programs after any type comparison nations imprison less and when they of release from prison, whether it be through pa- do, it’s in the cases with the highest risk of com- role services or not, can play an important role in mitting a new offense. Second, comparison nations helping people effectively integrate back into their measure recidivism differently. These particular communities and stay out of prison. Reentry ser- differences make it difficult to say with certainty vices may help reduce barriers to obtaining em- that one approach to preventing recidivism is more ployment, housing, or other services that reduce effective than another in absolute terms. A sum- the chances that a person commits a new offense mary of the findings from those studies includes: while out of prison. • A report from the United States Department Determining what proportion of people released of Justice followed 300,000 people from 15 from prison commit a new offense, or recidivate, states after they were released from prison, is difficult because it is measured a number of dif- and found that 46.9 percent of people released ferent ways, including re-arrest, re-conviction and from prison were reconvicted and 25 percent of re-imprisonment, during different time periods, for the people who left prison in 1994 returned to different groups of people, or for type of offense. A prison in the subsequent three years.233 comparison of rates across nations is not possible • A longitudinal study in Finland examining those who returned to prison within 5 years of being released, shows that 59 percent returned to prison within that timeframe.234 • A Canadian study of people in federal prison released between April 1, 1996 and March 31, 1997 shows a reconviction rate of 41 percent within the next two years.235 41 42 justice polic y institute Reentry Country Government Agency Attorney General’s Department Australia Reentry Approach Rehabilitative theory largely influenced by Canada244 Focus on tailoring programming to individual client needs Cognitive Behavioral Treatment246 Employ social learning techniques Canada Correctional Service of Canada (CSC) Positive reinforcements Treatment interventions should be used primarily with high risk offenders Personalized treatment and interventions Finland Germany England and Wales United States Ministry of Justice - Criminal Sanctions Agency Rehabilitative focus with strong emphasis on eliminating social marginalization250,251 Federal Ministry of Justice Rehabilitation and re-socialization – with large emphasis on in-prison rehabilitation services254 Ministry of Justice - National Offender Management Service (NOMS) Rehabilitative theory focused on individual treatment256 (Behavioral treatment largely influenced by Canadian approach) Evolved from a sociological approach – programs/treatment focus largely on the Department of Justice - Office community and things around the offender of Justice Programs (i.e. jobs, housing, education) and less inclined to treat the individual (i.e. behavioral modification)258 F I N D I N G D IR EC TION Special Programs/Services Prison and Community Corrections falls under the responsibility of state and territory jurisdictions245—each operates independently and under different frameworks—leading to a wide variation in programs and services. Each jurisdiction provides its own services and programming, some targeting special populations. Ex: Australian Capital Territory’s Corrective Services collaborates with local Aboriginal Organizations in providing reentry services specifically for Indigenous people National programs focused on women and aboriginal population247 CORCAN – special operating agency focused purely on employment training, skills development, and placement248 Design and implantation of reentry programming largely directed by Provincial Branches of CSC with services varying by Province.249 Community Sanction Work – short term programs designed to change criminal behavior motivations by connecting people to the community through service work252 2001-2009 WOP Program in Kerava Prison – male prisoners under 30 participated in a holistic rehabilitation program that began during incarceration and continued after release with the focus of advancing an individual’s commitment to and occupation role in society253 Day Fines255 – in lieu of short term incarceration an individual is fined based on the calculation of offense and the cost of an individual’s day of freedom (the amount of income an individual would have forfeited if incarcerated for a day) NOMS Alliances257: Corporate Sector – provide offenders with sustained work opportunities Civic Society – provide equality of access to mainstream local services, authorities, and organizations Faith, Voluntary, & Community Sector – build meaningful faith and community networks/ relationships post-release Since 2001 with the formation of the White House Office of Faith-Based and Community Initiatives, increased federal funding has been granted to Faith-Based Reentry Initiatives & Services259 *Note – all countries provide reentry services that address housing, education, health issues, financial management, and job service needs. 43 44 justice polic y institute • In the United Kingdom, a study of 50,085 surveillance and then, secondarily, connecting peo- adults released from custody in the first quar- ple coming home from prison with services. ter of 2007 (Jan. 1 – March 31), showed that 39 percent committed another offense at least once during a one-year follow-up period where the offense resulted in a court conviction.236 • A four-year longitudinal study of people who had previously been sanctioned with a prison term in Germany showed that 46.9 percent were sanctioned again within those four years.237 Of the reentry initiatives in place in the U.S., there is little attention to mental or behavioral health The United States also has a fundamentally different reentry philosophy. The reentry model is sociological,239 that is, concerned less with mental health and behavior and focused more on addressing environmental issues such as housing, educa- Although it is difficult to say whether one approach tion, and jobs. While comparison nations may works better than another given research about address these issues, as well, their reentry practices recidivism across nations, it is apparent that people are also influenced by psychological principles, who do return to prison after release are likely to do addressing some of the individual issues that cul- so soon after they are released. In addition, provid- minated in incarceration. The combined sociologi- ing services to people coming out of prison in the cal and psychological approach to reentry includes United States, generally, has been shown to be effec- social learning techniques, positive reinforcements, tive in preventing them from returning to prison,238 and individualized treatment such as behavior thus providing such services widely and consis- modification therapy240 in addition to connecting tently can yield positive benefits. people to services like housing or jobs.241 Compari- A fundamental difference between reentry services in the U.S. and in comparison nations such as Australia, Canada, Germany, and Finland is that reentry services are part of and are paid for by the son nations, Australia, Germany, Finland, and England and Wales, take such a rehabilitative approach to reentry, emphasizing both individual behavior and societal influences.242 parole system and viewed as either the primary Aside from philosophical differences in the approach function of parole or as a significant part of parole. to reentry, other nations have innovative methods of The two charts included in this section of the report reducing the chances that a person returns to prison. show that in those nations rehabilitation, attach- For example, Finland has a short term program that ments to the community, employment, and other is designed to connect people to the community connections are priorities of parole or probation through service work. By creating a sense of invest- services and their staff. Consequently, those ser- ment in the community, it is thought that a person vices are also paid for by those agencies. (See Con- will be less likely to commit another offense.243 ditional Release and Reentry charts included in this section for additional details.) Although some reentry services are better than none at all, more effective models that include In contrast, reentry and social services in the mental health and address specific behaviors may United States are inconsistent, vary greatly across prove to be more cost effective for reducing the localities, and are frequently administered, if not number of people returning to prison and more paid for, by nongovernmental organizations. With likely to improve life outcomes overall. some notable exceptions included in the section prior to this one, parole offices are first tasked with F I N D I N G D IR EC TION Policy Opportunities Increase conditional releases to parole: Nations like Australia, Finland, and Germany routinely release people from prison after they have served a certain portion of their sentence. Short of sweeping changes to parole that increase conditional releases, releases on medical parole, which is also used by comparison nations, and increases in the use of good time credits for early release would reduce the number of people in prison. Juvenile Justice Young people are still developing mentally, physically and socially.260 To what extent this immaturity is considered when a youth comes in contact with systems of law and order varies both within the United States and between the United States and other countries. As treatment and other supportive services have been shown to yield positive benefits for youth and society,261 a nation’s use of punitive sanctions against youth engaging in unlawful or delinquent behavior demonstrates a desire to pun- Shift parole from a supervision modality to ish and the use of the justice system as a way to one of service and social work: A social work exert punishment. orientation related to parole will help a person access the services, like education and employment counseling that are integral to ensuring that a person is successful outside prison so that they do not return. Routinely include mental health and behavioral services in reentry: Other nations successfully put into practice an approach to reentry that includes both mental and behavioral health, as well as sociological factors like housing, employment, and education. Such a holistic approach could be cost effective in terms of keeping people from returning to prison and improving life outcomes. Ensure delivery of reentry services to all people returning to the community from prison, even if they are not on parole: In comparison nations, everyone leaving prison participates in services to reconnect them to jobs, education, housing, and the community. By comparison, in the U.S. whatever reentry services are available are offered in conjunction with parole supervision. Yet, about 100,000 people leave prisons in the A single repository of comparable data for the detention or confinement of youth is difficult to obtain because not all comparison nations conceptualize juvenile justice in the same way. However, comparing only the number of youth under the age of 18 held in secure confinement shows that the U.S. holds almost six times as many youth in secure confinement as all other comparison nations.262 In addition, on any given day as many as 7,500 youth can be found in adult lockup facilities in the United States,263 a practice that other comparison nations do not follow. The age of criminal responsibility, i.e. when a person is judged to understand whether a behavior or action is illegal or wrong, varies greatly between comparison nations. This is particularly important in the U.S., where a youth can be tried as an adult. Depending on the state, youth as young as six can be held criminally responsible in the U.S. Such a low age of criminal responsibility likely adds to the total number of youth held in secure facilities U.S. at the end of their sentence, but are not on in the U.S. parole and are not likely to receive reentry ser- Although the United States founded the juvenile vices. Delivery of services to all people leaving prison, regardless, of whether or not they are on parole, is important to ensuring successful reentry to the community. court at the turn of the 20th century and it served as a model for other nations, the principles of rehabilitation and age-appropriate responses that guided it have been severely eroded; this is reflected in the 45 justice polic y institute number of youth held in secure facilities, tried as or restorative justice for youth in conflict with adults, held in adult jails, and given life without the law, although options like those exist in the parole sentences. U.S. (see text box “Innovation and Promising Policies in the U.S.”). U.S. policy tends to first find Serving time in a juvenile facility in the United States has been found to be a risk factor for later involvement in the adult criminal justice system,267 as well as a host of other negative social outcomes.268 Limiting the contact that youth have with secure confinement, both by using community-based alternatives and decreasing their overall contact with the justice system, should reduce the number of people in prison in the long term. The U.S. relies heavily on incarceration and the justice system instead of treatment, rehabilitation, fault in the youth for committing a crime, while other nations tend to ask why the crime was committed and what services can and should be provided to help the young person have more positive life outcomes. Finland and Germany, in particular, take a very different approach to youth who have committed some offense: • Finland focuses heavily on welfare, using “Care Orders” that connect youth to social services and supports.269 In 2007, only three people under the age of 18 were in custody.270 By viewing crime or status offenses as The U.S. has almost 6 times as many youth in secure confinement as all comparison nations combined, despite having only a third greater general population. 30,000 58,706 Other nations place a greater focus on pro-social options instead of incarceration for young people. 25,000 20,000 10,572 UK (2008) 6 Canada (2007-2008) 1,221 5,000 2,749 10,000 2,018 15,000 4,578 Number of youth in secure confinement 46 0 Australia (2005-2006) Germany (2008) Finland (2008) All Comparison United States Countries (2006) Sources: Australian Institute of Health and Warfare, Canberra, Juvenile justice in Australia 2005-06, www.aihw.gov.au/publications/juv/jjia05-06/jjia05-06-c03.pdf, 2007, Secure Confinement, www.kcl.ac.uk/depsta/law/research/icps/downloads/Lessons_from_abroad.pdf, Secure Confinement, www.kcl.ac.uk/depsta/law/research/icps/downloads/Lessons_from_abroad.pdf, Includes Detention Facilities, Long Term Secure, Bootcamp, Sickmund, M., Sladky, T.J., Kang, W., & Puzzanchera, C. (2008). “Easy Access to the Census of Juveniles in Residential Placement.” Available: http://ojjdp.ncjrs.gov/ojstatbb/ezacjrp/, Council of Europe, Annual Penal Statistics – SPACE I – 2008 (Strasbourg, France: Council of Europe, 2010), www.coe.int/t/e/legal_affairs/legal_co-operation/prisons_and_alternatives/statistics_space_i/PC-CP(2010)07_E%20SPACE%20Report%20I.pdf F I N D I N G D IR EC TION a symptom of larger social problems as evi- people can also be seen in the adult system, dence of individual emotional or behavioral and contributes to low incarceration rates in issues, Finland is able to successfully avoid the country. incarcerating youth in prisons. This attitude of rehabilitation and treatment toward young Convention on the Rights of the Child United Nations Convention on the Rights of the Child, ratified by every country except the United States and Somalia,264 sets out guidelines for protecting the rights of youth in the criminal justice system and ensuring appropriate treatment given their age and cognitive development. These include: children should not be put in prison with adults; when detained, they should be able to keep in contact with their families; they should not be treated cruelly when they break the law; and they should not be sentenced to death or life imprisonment without possibility of release.265 While not all of the countries consistently have been found in compliance with the Convention (Finland, Germany, and the UK have repeatedly been criticized by the UN for insufficient distinctions between the adult and juvenile systems),266 the ratification of the Convention shows a sustained effort to increase voice, agency, and protections for youth in the juvenile justice system. U.S. law allows for very young children to be charged with crimes. Age of Criminal Responsibility (Years) 16 15 14 14 12 12 10 10 10 Australia England and Wales 8 6 6 4 2 0 United States Canada Germany Finland * Age of criminal responsibility varies by state Source: John Muncie, The ‘Punitive Turn’ in Juvenile Justice: Cultures of Control and Rights Compliance in Western Europe and the USA (London: The National Associate for Youth Justice, 2008); Canadian Department of Justice www.justice.gc.ca/eng/pi/yj-jj/prt/hps.html; The age of criminal responsibility (Canberra: The Australian Institute of Criminology, 2005) www.aic.gov.au/publications/current%20series/cfi/101-120/cfi106.aspx. 47 48 justice polic y institute Innovation and promising policies in juvenile justice from the U.S. In some ways, the United States is a leader in developing innovative practices and policies to address the needs of youth who come in contact with the law. These innovations are not available to all youth, but where they are, they have been effective. Juvenile Detention Alternatives Initiative (JDAI): Founded in 1992 in response to the rapidly growing number of youth in pre-adjudication detention facilities, JDAI works directly with localities across the U.S. to reduce the number of youth in detention. Participating cites reported reduced numbers of youth in detention, lower youth crime rates, and reductions in racial disparities.275 Models for Change: Established by the John D. and Catherine T. MacArthur Foundation, Models for Change seeks to institute systemic and lasting reforms in juvenile justice systems in four core states that can be used as models for other states. Models for Change also established three action networks to reduce disproportionate minority contact, improve juvenile indigent defense, and better address mental health.276 Missouri Model: Missouri began by investing in community-based alternatives to incarceration for youth and then changed the philosophy and operation of its long-term secure confinement facilities to provide counseling and education in a more home-like setting.277 In 2006, Missouri’s recidivism rate was 8.7 percent, lower than other states.278 The state also realized significant cost savings, spending approximately $94 for each youth aged 10-17, compared to the surrounding eight states that spent, on average, $140 per young person.279 Changing the Fiscal Architecture: States including Ohio, New York, and Illinois changed the funding structure of their juvenile justice systems so that counties within the states have a financial incentive to place youth in community-based alternatives, rather than the state-run youth correctional facilities. Although the specific strategies differ, the states have sent fewer youth to long-term secure confinement and realized cost savings.280 Evidence-Based Practices: Although there are many community-based alternatives to incarceration for youth, there are six that have been rigorously evaluated and have been shown to reduce recidivism, improve life outcomes for youth, and save taxpayer dollars. These include Multi-Systemic Therapy, Functional Family Therapy, Aggression Replacement Training, Family Integrated Transitions, Coordination of Services, and Victim Offender Mediation.281 Roper v. Simmons: In 2004, the United States Supreme Court declared the death penalty for people who committed their offense while under age 18 unconstitutional.282 Graham v. Florida: In 2010, the U.S. Supreme Court rejected life sentences without the possibility of parole for youth not convicted of homicide.283 7,500 youth can be found in adult lockup facilities in the United States on any given day. F I N D I N G D IR EC TION • Instead of detention, the German system was established by the juvenile court and is still re- focuses heavily on “educative and disciplin- flected in the practices of many comparison nations ary measures” that provide for social and would reduce the number of youth in juvenile se- economic supports and reparation for the of- cure confinement, as well as in prison populations. fense. 271 Sentences of educative measures are often available to people up to the age of 21 for a first offense. Recognizing that “harsher sanctions do not reduce recidivism and, conversely, that ‘mildness pays off’”272 these nations are able to craft systems that help steer potentially troubled young people to a positive, pro-social path instead of starting a cycle of incarceration. Policies centered on interventions based on risk are steeped in a philosophy of fixation on what transgressions young people might commit.273 Instead of a proactive, welfare and health-based approach that seeks to ensure success and support, the justice system is used as an authoritarian tool that metes out punishment and establishes a system of correctional control. Of course, the U.S. is home to a large number of innovative and successful programs and services for youth that come into contact with the law that focus on rehabilitation and improving life outcomes,274 but these programs are not widely available to all who need them. At the same time, jurisdictions in the U.S. continue to transfer youth to adult courts, imprison youth for status offenses like running away, and house youth in jails that also house adults. Shifting the response to youth who come into conflict with the law back to what Policy Opportunities Raise the age of criminal responsibility: Raising the age of criminal responsibility from six years of age to one that is more reflective of a youth’s development would have some effect on the number of youth in secure custody in the U.S. and would begin to change the culture of punitiveness towards children. End transfers to adult courts: No other comparison nation transfers as many youth to adult criminal courts as the United States or at such young ages. Youth transferred to adult courts are at risk of sexual assault, are not guaranteed education or other rehabilitative services, and are more likely to be rearrested for another offense later in life than a youth who was not transferred.284 Provide services first: Finland’s system of “Care Orders” connect youth with services, like treatment, counseling, education, or other services before punitive measures are used. Germany’s responses to youth that come into contact with the law combine education, accountability and restoration before incarceration. 49 50 justice polic y institute PART 5 Differences across nations present some challenges to implementing policy. Although there are similarities between the U.S. and the comparison countries that would support reforms to reduce prison populations, some characteristics of the U.S. create an environment that supports incarceration and makes implementing policies from other nations a challenge. ences in incarceration. The list of potential factors Politics and government structure includes, but is not limited to: extent and avail- The basic construction of the political systems in ability of social welfare; political culture; fear of comparison nations play a role in the way poli- crime; social equality or inequality; and public cies are implemented, creating opportunities and confidence in the government and social institu- challenges. Both the specific roles of particular tions.285 (see Appendix for additional reading) stakeholders and larger institutional structures International scholars have carefully analyzed the differences between nations that explain differ- While the complicated interplay of national politics, economics, and social factors is important, this report’s focus is on differences which might be particularly influential in a criminal justice policy debate in the United States and, to some degree, may realistically be changed. Differences included in this report are political and governmental structures, the role of the media, and funding structures related to social institutions. While they do not necessarily create insurmountable barriers to incorporating other countries’ policies and practices, it may be that the U.S. needs to be innovative and customize them so that they best fit this country’s culture and socio-political climate. play an important role in the ways that the justice system operates. Federalism: States, provinces, and localities The structure of the governments of the comparison nations is also important to the way that policies are implemented. In countries like the U.S., Canada, and Australia, in particular, some functions of the criminal justice system operate at the state, province, county, city, or otherwise local level. In other words, it can be difficult to implement one single policy across the entire nation. This, of course, allows for innovation at the local level, but also presents a challenge in implementing a promising practice consistently and effectively across all jurisdictions. Canada is a notable exception, however, because even though criminal F I N D I N G D IR EC TION justice policies are carried out at the provincial thus potentially putting pressure on the pros- level, criminal justice policies are made at the fed- ecutor to have a guilty verdict. eral level, making policies less susceptible to local pressures or perceptions.286 • Role of the prosecutor: In the U.S. and the U.K., the prosecutor represents the state and By contrast, smaller countries like Germany and has broad discretionary powers in the judicial Finland that maintain national control of aspects of process, including setting the charge. The the criminal justice system, including parole, pre- prosecutor is generally encouraged to win on trial decisions, and juvenile justice functions, have behalf of the state and, in the U.S. may be re- more control over the implementation of a single elected based on the number or types of wins. policy, but potentially less opportunity for innova- By contrast, in Germany and Finland, the tion in a smaller jurisdiction. prosecutor is a more neutral party, bearing a closer resemblance to the judge, doing investi- Role of justice officials gation and arbitration, creating less confrontation in courtrooms. 287 Prosecutors, judges and government officials play different roles within the justice systems of different countries, which in turn, affects the number of people in prison in those nations. Some of those differences include: • Adversarial systems: The U.S. and the U.K. both have adversarial court systems that require the prosecution and defense to appear before a court to essentially dismantle the other side’s case before a relatively passive jury and judge. In Germany and Finland, the prosecutor plays a more neutral role. The inherent confrontational nature of this system creates a competition to convince the judge and jury, • Resources for public defense: The United States devotes proportionally fewer funds to public defense288 than do the comparison nations in this study. The United States spends .0002 percent of its per capita GDP on public defense per person. Comparatively, the United Kingdom budgets .20 percent per person of its per capita GDP to defend people who cannot afford private counsel. Furthermore, the United States distributes resources in favor of prosecution, budgeting over twice the amount of money for prosecution as it spends on public defense.289 By contrast, the United Kingdom allocates approximately four times as much funding for public defense as it does for pros- Penal severity instead is closely associated with public sentiments (fears, levels of trust, and punitiveness), the extent of welfare provision, differences in income inequality, political structures, and legal cultures. – tapio lappi-seppälä, national research institute of legal policy, helsinki ecution, while Finland spends more money on both sides but allocates more towards public defense than prosecution.290 Fewer resources for public defense likely affects quality of council and means more people may be found guilty and sentenced to prison. Elections of court personnel In the U.S., many prosecutors and judges are elected by citizens or are nominated and confirmed through a political process by other elected officials. Political processes for prosecutors and judges 51 52 justice polic y institute make getting elected and being reelected a central and implemented by a small group of professional concern for such officials. For this reason, the goal and academic criminal justice experts with close of creating fair, cost-effective policies, may take ties to several Ministers of Justice, allowing policy second place to satisfying the perceived desires of to remain apolitical and potentially less punitive.293 the constituents, appease the media, and respond to campaign financiers. In particular, the following issues are raised related to elected justice officials: • Perceived pressure from the media and the public: In-depth interviews with state legislators about the risk of people who have committed sex offenses revealed that legislators monitor the media’s coverage of events in More important, the government and the opposition rarely make crime issues a central part of their political platform [in Canada]. – anthony n. doob, professor of criminology, university of toronto and cheryl marie webster, professor of criminology, university of ottowa order to be responsive to constituent complaints or concerns. Such perceived complaints or concerns can affect how elected judges and prosecutors make decisions related to criminal justice as well, perhaps exacting harsher penalties in response. • Campaign financing from private sources: In a 2001 poll of state judges, 46 percent indicated that campaign contributions do influence judicial decisions.291 For example, money received from private prison corporations as campaign contributions may influence judges to sentence more people to prison than other communitybased alternatives. • Media defines crime and policy in many comparison nations For many in the comparison nations, including policymakers, the media are the primary source of information about the criminal justice system and public safety. The media also have a significant influence in the social construction of crime, or the way that crime and crime policy are understood by people. And the way crime is defined contributes to the level of fear that people have about Term limits: Elected officials usually face term crime and how they want to respond to it, which limits and at some point will return to the pri- includes incarceration. The way the media affects vate sector for work, thus making the influence policymakers and the public varies across nations of potential employers, such as law firms, aca- and helps explain some of the difference in policy demic institutions or businesses, an additional implementation related to incarceration. factor in decision-making in the courtroom.292 Understanding how media influences criminal jus- Comparatively, criminal justice administrators in tice policies is critical in determining what reforms many European countries are appointed by the can be sustained. The media, the government, Ministry of Justice and are career civil servants, al- and the public all constantly reinforce each other. lowing them to be less influenced by external pres- Through the media, policymakers perceive that sures than court personnel in the U.S. In Germany, there is a problem with crime, and respond with for example, criminal justice policy is the result of punitive policies. These responses reinforce with a bargaining process among insulated government the public and the media the existence of a crime officials. Similarly, Finnish penal reform is designed problem; in turn, people are led to believe that they F I N D I N G D IR EC TION should be afraid, leading them to demand even harsher criminal penalties. Media influence on policymakers Not only do policymakers rely on the media to de- Given the influence that the media has over policy and public perception, particularly in the U.S. and the U.K.,294 the content of media stories is important. The media, especially traditional television termine how their constituents are reacting to crime or public safety issues during a campaign, they also use the media to make policy decisions, especially in the U.S. and print media, must sell papers or gain viewers A 1991 survey of St. Louis gang members, law en- to satisfy advertisers. Media stories therefore must forcement officials, and policymakers determined create the most interest and drama, regardless of that while most gang members and law enforcement whether or not those stories truly capture the entire officers got their information from first- and second- context of the story. For example, the following hand experiences, the majority of policymakers research in the U.S. shows how the media follows reported that the mass media were their primary the “If it bleeds, it leads”295 philosophy: sources of information about gangs.301 In-depth • U.S. television news covers crime on a level similar to that of the Presidency or Congress, devoting about 13 percent of all stories.296 • the importance of the media in the formulation of opinions.302 In particular, legislators stated that they received information from other government agen- stantial portion of its coverage to crime news, cies through news stories, but that they also stayed the crime rate as a whole was decreasing and on top of the media’s coverage of events in order to violent crime remained a small percentage of be responsive to constituent complaints or concerns. Comparatively, research in Canada suggests that Research on media in Australia, Canada, and Great Britain has shown misrepresentation and distortion of crime news, particularly through a disproportionate emphasis on vio- • of information about sex offenders also highlight In every case where the media devotes a sub- crime as a whole.297 • interviews with policymakers about their sources imprisonment rates in that country have remained stable as rates in the U.S. and the U.K. have increased because of the absence of media influence on criminal justice policymakers. In Canada, crimi- lent crime.298 nal justice policies are made at the federal level and One study of British newspapers found that influence at the local level has far less of an impact over 60 percent of the articles about crime exam- on a federal policymaker many miles away.303 put into practice at the provincial level, thus media ined referred to violent acts, while only 12 percent dealt with theft or other property crimes.299 Economics and spending Comparatively, in Finland, newspapers are sold al- The economic environment of the comparison na- most exclusively by subscription, thereby reducing tions is perhaps most indicative of the way nations newsstand competition and the drive for catchy, invest in incarceration versus other social institu- dramatic headlines. The presence of one dominant tions, like education or social welfare. Shifting Thus, monetary investments away from incarceration and the influence that the media has on policymakers toward other positive social institutions, in the case and the public to encourage fear and drive punitive of the U.S., is also a possibility for creating more responses to crime is more limited. opportunity for the adoption of cross-national daily paper further reduces competition. 300 criminal justice policies. 53 54 justice polic y institute The United States spends proportionally less on education compared to the criminal justice system compared to other Western Democracies, other than the United Kingdom. 2005 Public Education Spending (% of GDP) 2005 Law & Order Expenditure (% of GDP)304 Ratio of Public Education to Law & Order Spending 2005 Social Spending (% of GDP)305 United Kingdom 4.3 4.7 5.9 4.2 5 -1.5 1.2 1.2 2.6 -3.13 4.92 3.00 1.92 17.1 16.5 26.1 26.7 21.3 United States 4.8 2.2 2.18 15.9 Australia Canada Finland Germany Source: Organization for Economic Co-Operation and Development Stat Extracts, “Country Statistical Profiles,” Stat Extracts, 2010, http://stats.oecd.org/viewhtml.aspx?query name=18148&querytype=view&lang=en. CIA World Factbook. Country Comparisons: Military Expenditures. www.cia.gov/library/publications/the-world-factbook/rankorder/2034rank.html Spending priorities the justice system in the first place, the U.S. directs Perhaps one of the most telling differences between a greater portion of its GDP toward policing, in- comparison nations is amount of money spent on carceration, and the justice system. In FY2008, for law and order compared to other social institutions. example, the U.S. spent $18.65 billion on prisons; this translates into 88 percent of all law and order The U.S. spends a comparable amount of its Gross spending on corrections.307 Domestic Product (GDP) on education in relation to the other nations in this study. However, when This level of spending indicates that financial pri- comparing the ratio of spending on education to orities for both the U.S. and the United Kingdom spending on law enforcement, United Kingdom lie with the criminal justice system as a means of and the United States spend proportionally less on addressing social problems over other institutions education than comparison nations. In addition, despite evidence that those institutions, particular- Canada, Germany, and Finland spend over three ly education, are an effective means of improving times as much on public education as they do on public safety and reducing the number of people corrections, but the U.S. spends just over two times in prison.308 as much. The U.S. is also an outlier on spending for social services for the general public. The average percent of GDP spent on social services is 20.5 percent in the OECD, and only South Korea, Mexico, and Turkey, spend a smaller percentage of their GDP on social services.306 These figures begin to tell the tale of the American experience of incarceration over the past few decades. Instead of focusing funds toward ensuring that people do not enter Social supports The comparison nations also vary in terms of the level of social support given to people who are out of work. Although this is not the only aspect of a social support or welfare system in a nation, it is one that U.S. policy already includes and could be expanded upon. Scholars indicate that the availability of social welfare is correlated with incarceration rates.309 GDP spent on out-of-work income maintenance per unemployed person in the population over the age of 15 F I N D I N G D IR EC TION Aside from the United Kingdom, the United States spent the least of its GDP allocated for out-of-work income maintenance per unemployed person over the age of 15. $7000 $6,477 $6000 $5,737 $5000 $4000 $4,270 $4,325 $3,808 $3000 $2000 $1,280 $1000 $0 Australia Canada Finland Germany United Kingdom United States Sources: Organization for Economic Co-Operation and Development Stat Extracts, Country Statistical Profiles Stat Extracts, 2010. January 7, 2011. http://stats.oecd.org/Index. aspx?DatasetCode=LMPEXP Of the Gross Domestic Product spent on out-of- However, despite an overall similarity in median work maintenance or support, the U.S. spends wages for all citizens in each nation, the wages of less than any other nation except the U.K. per the people that earn the least is more varied. The person out of work in 2007.310 As a result, people median income of the lowest earners is 21 per- who are unemployed may face greater obstacles cent lower than the next lowest median income in meeting basic human needs in the U.S. than in in Germany. comparison countries. Simply examining median wages alone ignores a In response to recent declining economic condi- more significant difference between nations: in- tions, the U.S. did substantially increase its unem- come disparities. The GINI coefficient measuring ployment assistance, however, it is likely that it is income disparities is a more robust and accepted still not to the same degree as nations like Finland. way of comparing levels of prosperity because of differences in standards of living, wages, currency Individual economic prosperity All comparison nations have a fairly high and comparable level of median income. Median income across nations indicates similar levels of prosperity for individuals, with a $3,973 range of wages between comparison nations, with the U.S. median income the highest at $26,990 and Finland the lowest at $21,010. The median income in the U.S. is approximately 6.5 percent higher than Canada, the nation with the next highest median wage.311 valuation, and other differences in measuring individual wealth across nations. Of the 30 nations in the Organisation for Economic Co-operation and Development (OECD), only Portugal, Turkey, and Mexico have greater income inequality than the U.S.312 Although higher wages are generally shown to coincide with lower crime rates, other cross-national research indicates that income disparities are 55 56 justice polic y institute In 2005, the U.S. had both the highest wages and the highest level of income inequality of the comparison nations. 2005 STATISTICS MEDIAN INCOME (USD) MEDIAN INCOME OF LOWEST 10TH OF EARNERS (USD) INCOME INEQUALITY (GINI COEFFICIENT) Australia 23,017 25,341 21,010 22,020 24,652 26,990 8,200 7,982 9,048 7,410 9,291 5,818 .301 .317 .27 .30 .335 .381 Canada Finland Germany United Kingdom United States Source: Organization for Economic Co-Operation and Development Stat Extracts, Country Statistical Profiles Stat Extracts, 2010. http://stats.oecd.org/viewhtml.aspx?queryname=18148&querytype=view&lang=en correlated with higher crime rates.313 Tapio Lappi- in Western countries, it is important to note that Seppälä of the National Research Institute of Legal people with less income do not necessarily commit Policy (Finland) found a strong correlation between more crime, but due to a number of reasons, includ- income inequality and incarceration rates among ing law enforcement practices and access to public Western countries. defense resources, this group may be more likely to 314 While income disparities may have a strong correlation with incarceration rates and crime rates be negatively impacted by justice systems.315 F I N D I N G D IR EC TION PART 6 Certain communities bear a disproportionate burden of incarceration in all comparison nations. In every nation included in this report there are communities who are disproportionately affected by incarceration. The specifics of such disproportionality are masked by the averages and national pictures in this report; but nonetheless, the overarching commonality is that all nations struggle with the disproportionate impact of the criminal justice system on some communities. Although the communities that experience dispro- Americans make up .6 percent of the entire portionate contact with the criminal justice system world’s population, but African American vary greatly from nation to nation, the effect is the males alone make up 8 percent of the world’s same. These communities often become part of a prison population.317 cycle of criminal justice system involvement that is difficult to exit and, as a result, systematically dis- • Aborigines and Torres Islanders) make up 24 mantles families and communities. percent of the people in prison,318 but 2 percent In the United States, race and ethnicity are frequently the measures of disproportionality. However, in other nations, race and ethnicity are of the general population.319 • in the provinces and 18 percent of the people include, instead, whether or not a person in prison admitted to federal custody, but 4 percent of is “foreign born” or indigenous. The information the general population.320 available about the communities most affected by 8% of the world’s prison population is African American. Canada (2006): Aboriginal people made up 24 percent of the people admitted to custody not considered or counted in the same way, but criminal justice system includes: Australia (2006): Indigenous people (including • Germany (2008): “Foreign born” people make • United States up 26.3 percent of the people in prison, includ- (2008): African ing people held pretrial,321 but 12.9 percent of Americans make the general population.322 up 37 percent of the number of people • Finland (2008): “Foreign born” people make in prison, but 12 up 9.5 percent of the people in prison, includ- percent of the gen- ing people held pretrial,323 but 3.4 percent of eral population.316 the general population.324 One recent study found that African Further consideration of cross-national policy implementation to reduce disparities in criminal 57 58 justice polic y institute justice systems in the comparison nations also requires a broader consideration of the commonalities between communities that are most affected. The groups who are disproportionately affected by criminal justice systems in all comparison nations could also be considered socially alienated or marginalized groups. Social marginalization is created through the continued ostracism of members of certain communities—often communities of color—through various social institutions,325 like Policy implications Drawing broad conclusions and making policy recommendations aimed at reducing social marginalization of communities is complicated by these vast differences in experiences of these groups. In other words, policy solutions related to reducing the number of people in prison who are “foreign born” in Germany are not likely to work for indigenous people in Australia. education or employment. One significant manifes- What is considered diverse in one nation should tation of social marginalization is poverty. not be used to define diversity in another and Social marginalization is a risk factor for incarceration, but incarceration also contributes to or causes social marginalization by creating a system of social control. Loïc Wacquant, professor of sociology at the University of California, Berkeley, argues that incarceration is not simply a means of punishment, but also an instrument of social control and management of certain groups of people.326 In the United States, the concentrated impact of the social control of prison falls on people of color who are also poor, but in other nations, like Finland, “foreign born” people who are also poor may be should not be used as a reason to discount policies from other nations. Nor should the prevalence of one group in one nation, but not in another, prevent the consideration of cross-national policy implementation. However, in order for policies to work to reduce the disproportionate impact of incarceration of the criminal justice system on some communities over others, policies may need to be customized or implemented in specific communities for them to work. Policy Opportunities disproportionately affected by criminal justice In terms of reducing disparities for socially mar- systems. Cross-nationally, the disproportionate ginalized communities, the United States may be incarceration of people who are socially marginal- the most innovative. Juvenile justice initiatives, like ized is because criminal justice systems seem to the Juvenile Detention Alternatives Initiative (dis- operate either intentionally or otherwise to affect cussed in the textbox “Innovation and promising some groups more than others. policies in juvenile justice from the U.S.”) and state In addition, it is important to remember that although people of color make up a significant number of people who are socially marginalized in each of the comparison nations, not everyone initiatives like Wisconsin’s Commission on Reducing Racial Disparities in the Wisconsin Justice System are promising first steps at examining the problem and then providing practical solutions. who is socially marginalized is also a person of However, much work is left to be done. In particu- color. Arguably, however, nations that are more lar, investing in institutions like education and em- homogenous may have fewer people who are ployment, especially in underserved communities, socially marginalized. may serve to address social marginalization, especially as it is related to income inequality and may serve to reduce the number of people in prison.327 F I N D I N G D IR EC TION part 7 Conclusions and Recommendations United States policymakers can find direction for potential criminal justice policies to reduce incarceration by looking to other nations. Other nations may find some of the information in from the research as showing promise in the this report useful, but the recommendations included United States: here are aimed at U.S. policymakers and advocates. Change the philosophy of policing: A shift to a More, better data is needed for better compari- philosophy of policing that is neighborhood-focused sons: In an increasingly global society, nations and centered on overall well-being of the commu- should be able to compare criminal justice, juvenile nity and the people who live there would promote justice, and social data. This is important not only public safety, limit fear of police, and reduce the for determining if innovation can be adopted cross- number of people arrested and imprisoned. nationally, but also to get a snapshot of the health and well-being of a nation’s people. Use day fines instead of incarceration: Germany and Finland both use a day fine system based on More, better comparative research is needed for the seriousness of the offense and apply propor- better comparisons: Research that controls for tional punishment on all people, regardless of so- certain social or economic variables would be very cio-economic status.328 The fine is generally levied useful in drawing more concrete conclusions about based on the amount of money a person earns on a the impacts of different policies on public safety given day. and community well-being as well as on social and economic costs. Such research should also be accessible and user-friendly for policymakers and the public and allow the U.S., in particular, to evaluate its policies and determine if incarceration and punitive measures are truly the best way to maintain a safe, healthy society. In addition to more general recommendations for further research, these specific policies emerged End commercial bail: In the U.S., states like Oregon, Illinois, Kentucky, and Wisconsin abolished commercial bail, instead requiring down-payments to the court which are refunded when a person returns for trial. This can be a better way to protect public safety and reduce the number of people unnecessarily held pretrial. Provide more treatment for more people outside the criminal justice system: Treatment for drug 59 60 justice polic y institute addiction should be widely available outside the education. Such a holistic approach could be cost criminal justice system and affordable for people effective in terms of keeping people from returning who need it. In cases in which the offense is related to prison and improving life outcomes. to the personal use of drugs, treatment should be the first response rather than incarceration. Raise the age of criminal responsibility: Raising the age of criminal responsibility would have some Scale back sentence lengths, especially for drug effect on the number of youth in secure custody in offenses: No other comparison nation has manda- the U.S. and reinforce the concept that youth are tory sentencing for possession of small amounts of not developmentally the same as adults and should illegal substances. Such broad sentencing structures therefore not be treated as such. are significant contributors to the number of people in prison in the U.S. and are not the best or most cost-effective way to protect public safety. End transfers of youth to adult courts: No other comparison nation transfers as many youth adult criminal courts as the United States at such young Make parole about providing services and not ages. This has a negative impact on community supervision: Refocusing parole towards social and individual well-being, as it decreases the work rather than policing will help people access chance a youth will be able to avoid future justice the services like education and employment coun- involvement and increases the risk of harm to the seling that are integral to ensuring that a person is child while in custody. successful outside prison so that they do not return. Invest in positive institutions: The U.S. would do Include a behavioral or mental health component well to prioritize spending on strengthening and to reentry services: Other nations successfully put expanding institutions like education and employ- into practice an approach to reentry that includes ment, especially as they have been shown to not both mental and behavioral health, as well as so- only decrease incarceration, but also improve pub- ciological factors like housing, employment, and lic safety. F I N D I N G D IR EC TION Glossary of Terms Age of Criminal Responsibility - when a person is judged to understand what a behavior or action is illegal or wrong would account for/have if the number divided equally. Probation - a court-ordered sanction placing certain condi- Bail -the release, prior to trial, of a person accused of a tions on a convicted individual while allowing him or her crime, under specified conditions designed to assure that to remain in the community under supervision. person’s appearance in court when required (can also refer to the amount of bond money posted as a financial condition of pretrial release). Remand Imprisonment – Generally a term used outside of the United States to describe people who are deprived of their liberty following a judicial or other legal process but Boot Camps - in-prison programs that resemble military have not been definitively sentenced by a court for the cur- basic training and emphasize vigorous physical activity, rent offense. Typically, they will be involved in one of five drill and ceremony, manual labor, and other activities that stages of the legal process: the investigation of the offense ensure that participants have little, if any, free time. Strict to determine if a case will be brought to court; awaiting tri- rules govern all aspects of conduct and appearance. Correc- al, during the trial; after a conviction, but before sentencing; tional officers’ act as drill instructors, initially using intense or awaiting a final sentence during an appeal process.329 verbal tactics designed to break down program participants’ resistance and lead to constructive changes. Recidivism - the return to criminal activity of persons previously convicted of crimes. Recidivism rate refers to the Commercial Bail - the practice of paying a third party to percentage of those who return to crime, once sentence has post bail on your behalf. been served. Drug Courts - a separate court system that diverts nonvio- Reentry Programming - involves the use of programs lent, substance abusing individuals from prison and jail targeted at promoting the effective reintegration of people into treatment. back to communities upon release from prison and jail; GDP (Gross Domestic Product) - the yearly output or value of goods and services produced by labor and property within a country. Gini Coefficient - most commonly used measure of inequality; the coefficient varies between 0 (reflects complete equality) and 1(indicates complete inequality). programming often involves a comprehensive case management approach and is intended to assist people in acquiring the life skills needed to succeed in the community and become law-abiding citizens. Rehabilitation - programming intended to reform an individual so that he or she can lead a productive life free from crime. Rehabilitation programs can take many forms GNI (Gross National Income) - also referred to as Gross including: psychological analysis, drug and alcohol treat- National Product (GNP); the total value of goods and ser- ment, educational programs, vocational training, relation- vices produced (both domestically and abroad) within one ship counseling, anger-management therapy, religious nation’s economy in a year. study, and any other service required to meet the needs of Index Crimes/Offenses - murder, rape, robbery, aggravat- particular incarcerated individuals. ed assault, burglary, larceny, motor vehicle theft and arson. Restorative Justice - a theory and application of justice that Mandatory Minimum -a minimum fixed sentence for a emphasizes the way in which crimes hurt relationships specific crime required by law, regardless of the level of culpability of the person convicted and other mitigating between people who live in a community. Crime is seen as something done against a harmed party and a community, factors. not simply as a violation against the state. Restorative jus- Parole -the supervised release into the community of an programs, and requires the individual to take responsibility individual who has completed part of his or her sentence. Per Capita - a unit of population or a person; when applied to a number such as GNI, it shows how much each person tice involves the community in preventive and intervention for his or her actions. USD - United States Dollars. 61 62 justice polic y institute APPENDIX: Additional Reading George Cole and Christopher Smith, eds. “Day Vol. 1: Punitiveness – global Phenomenon? Helmuth Fines in Germany: Could the Concept Work in the Kury & Evelyn Shea (Eds) (Germany, 2011). United States?” in The American System of Criminal Justice, 11th edition (Belmont, CA: Thomson Wadsworth, 2007). Anthony N. Doob and Cheryl Marie Webster, “Countering Punitiveness: Understanding Stability in Canada’s Imprisonment Rate,” Law and Society Review 40(2), 2006. Glenn Greenwald, Drug Decriminalization in Portugal: Lessons for Creating Fair and Successful Drug Policies (Washington, DC: Cato Institute, 2009). www. Tapio Lappi-Seppala, “Nordic Youth Justice in a Nutshell” 2010. Tapio Lappi-Seppälä, Global Trends and Local Exceptions: Examining Differences in the Use of Imprisonment (Finland: National Research Institute of Legal Policy, 2009). Tapio Lappi-Seppälä, “Trust, Welfare, and Political Culture: Explaining Differences in National Penal Policies,” Crime and Justice 37 (2008). cato.org/pubs/wtpapers/greenwald_whitepaper. John Muncie, The ‘Punitive Turn’ in Juvenile Justice: pdf Cultures of Control and Rights Compliance in Western Stefan Harrendorf, Markku Heiskanen, and Steven Malby, International Statistics on Crime and Justice Europe and the USA (London: The National Associate for Youth Justice, 2008). (Halsinki, Finland: European Institute for Crime John Pitts and Tarja Kuula, “Incarcerating Young Prevention and Control, 2010). People: An Anglo-Finnish Comparison,” Youth Jus- Matti Joutsen, Raimo Lahti and Pasi Pölönen, tice 5(3), December 2005, 147-164. Criminal Justice Systems in Europe and North America, Robbie Reese, “Determinants of the Fear of Crime,” Finland (Helsinki, Finland: The European Institute International Journal of Sociology 39, no. 1 (2009): for Crime Prevention and Control, 2001). www. 62–75. heuni.fi/uploads/mw1ahyuvuylrx.pdf Eric Single, Paul Christie, Robert Ali, “The Impact Marianne Junger and others, eds., “Preventing Vio- of Cannabis Decriminalisation in Australia and the lence in Seven Countries: United States,” Journal of Public Health Policy 21, No. Global Convergence in Policies,” European Journal of Criminal Policy Resolution 13, (2007):327–356. Marvin D. Krohn, “The Durkheimian Analysis of International Crime Rate,” Social Forces 57, no. 2 (1978): 654-670. Tapio Lappi-Seppälä, “Changes in Penal Policy in Finland,” in Punitivity. International developments., 2 (2000):157-186. Rodrigo R. Soares, “Development, crime and punishment: accounting for the international differences in crime rates,” Journal of Development Economics 73, (2004): 155– 184. Lin Song and Roxanne Lieb, Recidivism: The Effect of Incarceration F I N D I N G D IR EC TION and Length of Time Served (Olympia, Wa: Washington State Institute for Public Policy, 1993). Steven Stack, “Income Inequality and Property Crime,” Criminology 22, no. 2 (1984):229-257. Cornelis Stadtland and others, eds., “Psychopathic Traits and Risk of Criminal Recidivism in Offenders with and without Mental Disorders,” International Journal of Forensic Mental Health 4, no. 1 (2005): 8997. Michael Tonry, “Why Aren’t German Penal Policies Harsher and Imprisonment Rates Higher?” German Law Journal 5(10), 2004. Loïc Wacquant, “Deadly symbiosis: When ghetto and prison meet and mesh.” Punishment &Society 3 (1), 2001:94-134. Roy Walmsley, World Prison Population List (eighth edition) (London: Kings College London, 2008). Douglas B. Weiss and Doris L. MacKenzie, “A Global Perspective on Incarceration: How an International Focus Can Help the United States Reconsider Its Incarceration Rates,” Victims and Offenders, 5(3), 2010. Jan van Dijk, John van Kesteren and Paul Smit, Criminal Victimisation in International Perspective (Boom Juridische Uitgevers, 2007). 63 64 justice polic y institute International Policies in the United States april 2011 Some jurisdictions in the U.S. have already implemented policies that are similar to ones in other nations. Policy or Approach Country that does it U.S. Jurisdiction Community-Based Policing Finland: Finnish police have a lot of contact with people in the community without higher incarceration rates. San Diego, California: Police in San Diego adopted a neighborhood policing strategy to reduce “quality of life” offenses, like graffiti and loitering. San Diego’s crime and arrest rates dropped. No Commercial Bail All comparison nations: No other comparison nations permit commercial, for-profit bail in which a 3rd party, usually a bailbondsman, posts bail on behalf of a person in jail. Oregon, Illinois, Kentucky, and Wisconsin abolished commercial bail and require down-payments to the court, which are refunded only upon the person’s appearance in court. Limited Use Of Mandatory Minimum Sentences Canada and Australia both only use mandatory minimums for violent offenses, usually murder.1 In Australia, the Western Territory is the only territory to use mandatory minimums for nonviolent offenses.2 Treatment, Not Incarceration Switzerland: The Four Pillars approach to drug use focuses on prevention, treatment, harm reduction, and enforcement in that order of priority.5 Vancouver, Canada: The Four Pillars policy in Vancouver follows a similar model to Switzerland and includes other life skills, like job preparation.6 Michigan: In 2002, Michigan ended the practice of using mandatory minimums for drug offenses.3 U.S. federal government: In 2010, the United States scaled back mandatory minimum sentencing related to crack cocaine, reducing the disparity in sentencing for cocaine versus crack from 100 to one to 18 to one.4 California: The Substance Abuse and Crime Prevention Act of 2000 (SACPA), or Proposition 36, went into effect in California in 2001 in order to reduce the use of incarceration for people charged with nonviolent offenses, reduce drugrelated crime and increase public health. It requires the use of drug treatment as an alternative to incarceration for for adults convicted of nonviolent offenses and for drug possession for personal use. From its passage in November 2000 to December 2005, the rate of people incarcerated for drug possession in California dropped by 34.3 percent, from 89 to 58 people per 100,000. Implementation of SACPA may not be the sole cause of this rapid decrease; there were, however, no other major public policy changes during this time.7 F I N D I N G D IR EC TION Policy or Approach Country that does it U.S. Jurisdiction Day Fines Germany and Finland: In lieu of short-term incarceration an individual is fined based on the calculation of offense and the cost of an individual’s day of freedom (the amount of income an individual would have forfeited if incarcerated for a day).8 The fine is meted out in day increments, for example a 20-day fine or a 60-day fine. Defaulting is rare, but responses to default can include jail. Maricopa County, Arizona; Bridgeport, Connecticut; Staten Island, New York; various counties in Oregon; and Polk County, Iowa9 all tried a version of day fines during the 1990s with various levels of success.10 Australia: If the federal sentence is less than 10 years, the person is automatically released after the nonparole period without the discretion of government officials. If the sentence is over 10 years, the Minister makes the release decisions.11 At the state or territory level, there are similar practices related to non-parole periods.12 Increase Conditional Release Parole Services Over Supervision Finland: People who have not been in prison at some point in the prior three years of the current offense, can be released after serving half of the sentence. If the offense was committed when under 21 years of age, the corresponding time is one-third. Otherwise, people sentenced to prison can be released on parole when they have served two-thirds of their sentence or half of the sentence if the offense was committed when the person was under 21 years of age.13 On certain conditions, people serving life sentences can be released after serving 5/6 but at least three years of the sentence. Finland: Supervision is required in only one out of five cases, but services are available to all people released from prison. Canada: Cognitive Behavioral Treatment approach is used to address a person’s individual responses to their environment, as well as the environment itself.16 Mississippi: In 2008, the state legislature passed a law allowing people serving sentences for nonviolent offenses and people who have not committed multiple offenses to become eligible for parole after serving 25 percent of their sentence, 14 which scales back a 1995 law that required people in prison to serve 85 percent of their sentence. 15 Kansas, New Jersey and Georgia have implemented initiatives designed to create a servicecentered, graduated response approach to parole with less concentration on surveillance. All have reduced parole revocations.17 65 66 justice polic y institute Policy or Approach Country that does it U.S. Jurisdiction Finland: Finland focuses heavily on welfare, using “Care Orders” that connect youth to social services and supports. In 2007 only three people under the age of 18 were in custody. Youth Development Approach to Juvenile Justice Germany: Instead of detention, the German system focuses heavily on “educative and disciplinary measures” that provide for social and economic supports and reparation for the offense.18 Sentences of educative measures are often available to people up to the age of 21 for a first offense. 1 Department of Justice Canada, “Fair and Effective Sentencing – A Canadian Approach to Sentencing Policy,” October 2005. www.justice.gc.ca/eng/news-nouv/nr-cp/2005/ doc_31690.html 2 Kate Warner, Mandatory Sentencing and the Role of the Academic (Brisbane, International Society for the Reform of Criminal Law: 2006). www.isrcl.org/Papers/2006/Warner.pdf 3 Associated Press, “Michigan to Drop Minimum Sentence Rules for Drug Crimes,” New York Times, December 26, 2002. 4 Drug Policy Alliance, “Press Release: Historic Legislation to Reduce Crack/Powder Cocaine Sentencing Disparity Heads to President Obama’s Desk,” July 28, 2010. www. drugpolicy.org/news/pressroom/pressrelease/pr072810.cfm 5 The Swiss Four Pillars Policy: An Evolution From Local Experimentation to Federal Law, www.great-aria.ch/pdf/ Infos/Beckley_Briefing_2009.pdf 6 The City of Vancouver, Four Pillars Drug Policy, “Four Pillars Drug Strategy Fact Sheet,” December 3, 2010. http:// vancouver.ca/fourpillars/fs_fourpillars.htm. 7 California Department of Drug and Alcohol Programs, Office of Criminal Justice Collaboration. Fact Sheet: Substance Abuse and Crime Prevention Act of 2000.; California Department of Corrections and Rehabilitation, Data Analysis Unit. Characteristics of Population in California State Prisons by Institution, June 30, 1999, December 31, 1999, and June 30, 2000 reports; Prison Census Data, December 31, 2000- December 31, 2005 reports. 8 Kristen Allen, “Most Criminals Avoiding Jail in Missouri: Missouri invests in community-based alternatives to incarceration for youth and uses its long-term secure confinement facilities to provide counseling and education in a more home-like setting.19 In 2006, Missouri’s recidivism rate was 8.7 percent, lower than other states.20 The state also realized significant cost savings, spending approximately $94 for each youth aged 10-17, compared to the surrounding eight states that spent, on average, $140 per young person.21 District of Columbia: In 2009, the District of Columbia opened the New Beginnings Youth Development Center to serve youth committed to the care of the Department of Youth Rehabilitative Services. The facility and the continuum of care built around it are similar to the Missouri Model. Germany,” The Local, October 13, 2009. www.thelocal.de/ national/20091013-22543.html., George F. Cole and Christopher E. Smith, “Day Fines in Germany: Could the Concept Work in the United States?” in American System of Criminal Justice Eleventh Edition (Canada: Thomas Wadsworth, 2007), 467., Bureau of Justice Assistance, How to Use Structured Fines (Day Fines) as an Intermediate Sanction (Washington, DC: Vera Institute of Justice, 1996). www.ncjrs.gov/pdffiles/156242.pdf, George Cole and Christopher Smith, eds. “Day Fines in Germany: Could the Concept Work in the United States?” in The American System of Criminal Justice, 11th edition (Belmont, CA: Thomson Wadsworth, 2007). 9 George Cole and Christopher Smith, eds. “Day Fines in Germany: Could the Concept Work in the United States?” in The American System of Criminal Justice, 11th edition (Belmont, CA: Thomson Wadsworth, 2007). 10 Susan Turner and Joan Petersillia, Day Fines in Four U.S. Jurisdictions (Washington, DC: Rand Corporation and National Institute of Justice, 1996). http://www.ncjrs.gov/pdffiles1/pr/163409.pdf 11 Australian Law Reform Commission, “Same Crime, Same Time: Sentencing of Federal Offenders,” Report 103, April 2006. www.alrc.gov.au/sites/default/files/pdfs/ publications/ALRC103.pdf, Australian Government Attorney-General’s Department, “Release Conditions,” September 2009. www.ag.gov.au/www/agd/agd.nsf/Page/ Federaloffenders_Releaseconditions 12 Australian Law Reform Commission, “Same Crime, Same Time: Sentencing of Federal Offenders,” Report 103, April 2006. www.alrc.gov.au/sites/default/files/pdfs/ F I N D I N G D IR EC TION publications/ALRC103.pdf 13 Criminal Sanctions Agency, “Prison Services,” January 16, 2011. www.rikosseuraamus.fi/16939.htm 14 PEW Center on the States, Public Safety Performance Project: Reforming Mississippi’s Prison System (Washington, DC: PEW Center on the States, 2009). http://www.pewcenteronthestates.org/uploadedFiles/wwwpewcenteronthestatesorg/Initiatives/PSPP/MDOCPaper.pdf?n=8407 15 John Buntin, “Mississippi’s Correction Reform: How America’s reddest state – and most notorious prison – became a model of corrections reform,” Governing, August 2010. http://www.governing.com/topics/public-justice-safety/ courts-corrections/mississippi-correction-reform.html 16 Joan Petersilia, “What Works in Prisoner Reentry? Reviewing and Questioning the Evidence,” Federal Probation 68, no. 2 (2004): 4-8. 17 National Institute of Justice, “Parole Violations Revisited: Innovations in Four States,” January 14, 2011. www. paroleviolationsrevisited.org/4states 18 Jörg-Martin Jehle, Criminal Justice in Germany, Fifth Edition (Berlin: Federal Ministry of Justice, 2009). 19 Missouri Juvenile Justice Association. 2003. Celebrating 100 Year of Juvenile Justice in Missouri: 1903-2003. Online at http://mjja.org/images/100Years.pdf., Mendel, Richard A. 2001. Less cost, more safety: Guiding lights for reform in juvenile justice. Washington, DC: American Youth Policy Forum. Online at www.aecf.org/upload/PublicationFiles/less%20 cost%20more%20safety.pdf. 20 Missouri Department of Social Service. 2006. Division of Youth Services Annual Report: Fiscal Year 2006. Online at www.dss.mo.gov/re/pdf/dys/dysfy06.pdf. 21 Richard A. Mendel, Less cost, more safety: Guiding lights for reform in juvenile justice. (Washington, DC: American Youth Policy Forum, 2001). www.aecf.org/upload/PublicationFiles/less%20cost%20more%20safety.pdf. 67 68 justice polic y institute Endnotes 1 Don Stemen, Reconsidering Incarceration: New Directions for Reducing Crime (New York, NY: Vera Institute of Justice, 2007). 2 Bureau of Justice Statistics, “Key Facts at a Glance: Correctional Populations,” January 5, 2011. http://bjs.ojp.usdoj. gov/content/glance/tables/corr2tab.cfm 3 Tapio Lappi-Seppälä, Global Trends and Local Exceptions: Explaining Differences in the Use of Imprisonment (Finland, National Research Institute of Legal Policy, 2009). 4 Doris MacKenzie, professor of crime law and justice, at Pennsylvania State University, who provided the first inspiration for this project used these five countries as a starting point. 5 Douglas B. Weiss and Doris L. MacKenzie, “A Global Perspective on Incarceration: How an International Focus Can Help the United States Reconsider Its Incarceration Rates,” Victims and Offenders, 5(3), 2010. 6 Monty G. Marshall and Benjamin R. Cole, Global Report 2009: Conflict, Governance, and State Fragility (Severn, MD: Center for Systemic Peace, 2009.) www.systemicpeace.org/ Global%20Report%202009.pdf 7 Monty G. Marshall and Benjamin R. Cole, Global Report 2009, 2009. 8 Human Rights Web, “Summary of United Nations Agreements on Human Rights,” January 21, 2011. www. hrweb.org/legal/undocs.html 9 Organization for Economic Co-Operation and Development Stat Extracts, Country Statistical Profiles Stat Extracts, 2010. 10 Organization for Economic Co-Operation and Development, “Education at a Glance 2010,” December 15, 2010. www.oecd-ilibrary.org/education/education-at-aglance_19991487 11 Organization for Economic Co-Operation and Development Stat Extracts, Country Statistical Profiles Stat Extracts, 2010. http://stats.oecd.org/viewhtml.aspx?queryname=18148& querytype=view&lang=en 12 Tapio Lappi-Seppälä, “Trust, Welfare, and Political Culture: Explaining Differences in National Penal Policies,” Crime and Justice 37 (2008) 13 Heather C. West and William J. Sabol, Prisoners in 2009 (Washington, D.C., Bureau of Justice Statistics, 2010).http:// bjs.ojp.usdoj.gov/content/pub/pdf/p09.pdf, Todd D. Minton, Jail Inmates at Midyear 2009 – Statistical Tables (Washington, D.C., Bureau of Justice Statistics, 2010). http://bjs.ojp.usdoj. gov/content/pub/pdf/jim09st.pdf 14 U.S. Census Bureau, “United States – States: GCTT1-R. Population Estimates (geographies ranked by estimate), 2009 Population Estimates,” January 5, 2011. http://factfinder.census.gov/servlet/GCTTable?_bm=y&geo_id=01000US&-_box_head_nbr=GCT-T1-R&- ds_name=PEP_2009_EST&-_lang=en&-redoLog=false&mt_name=PEP_2009_EST_GCTT1_US40&-format=US40S&-_sse=on 15 U.S. Census Bureau, “International Data Base, Countries and Areas Ranked by Population: 2010,” September 8, 2010. www.census.gov/cgi-bin/broker 16 International Centre for Prison Studies, “World Prison Brief: Highest to Lowest Rates,” January 5, 2011 www. kcl.ac.uk/depsta/law/research/icps/worldbrief/wpb_stats. php?area=all&category=wb_poptotal 17 International Centre for Prison Studies, “World Prison Brief: Country Profiles,” January 5, 2011 www.kcl.ac.uk/ depsta/law/research/icps/worldbrief/ 18 International Centre for Prison Studies, “World Prison Brief: Country Profiles,” January 5, 2011 www.kcl.ac.uk/ depsta/law/research/icps/worldbrief/ 19 International Centre for Prison Studies, “World Prison Brief: Country Profiles,” January 5, 2011 www.kcl.ac.uk/ depsta/law/research/icps/worldbrief/ 20 John van Kesteren, Pat Mayhew, and Paul Nieuwbeerta, Criminal Victimisation in Seventeen Industrialised Countries: Key Findings from the 2000 International Crime Victims Survey (The Hague: Ministry of Justice, 2000). http://rechten.uvt.nl/icvs/ pdffiles/Industr2000a.pdf 21 Tapio Lappi-Seppälä, Global Trends and Local Exceptions, 2009. 22 Federal Bureau of Investigation, Uniform Crime Report 1988-2008 (Table 4), www.fbi.gov/ucr/ucr.htm. 23 William Sabol and Heather West, “Correctional Populations in the United States, 1997 and Prisoners in 2008,” Filename: incrt.csv (Imprisonment rate), http://bjs.ojp.usdoj.gov/ index.cfm?ty=tp&tid=13, September 23, 2010 24 Don Stemen, Reconsidering Incarceration, 2007; William. Spelman, “What Recent Studies Do (and Don’t) Tell Us about Imprisonment and Crime” Crime and Justice 27: 419, 2000. 25 Timothy Roche, Nastassia Walsh and Jason Ziedenberg, Maryland’s Mandatory Minimum Drug Sentencing Laws: Their Impact on Incarceration, State Resources and Communities of Color (Washington, DC: Justice Policy Institute, 2007). 26 Morgan O. Reynolds, “Does Punishment Deter?,” Policy Backgrounder, 148 (Dallas, TX: National Center for Policy Analysis, 1998). www.ncpa.org/pdfs/bg148.pdf 27 James Austin and others, The Use of Incarceration in the United States: National Policy White Paper (Washington, DC: American Society of Criminology, 2001). 28 United Nations Office on Drugs and Crime, “The Tenth United Nations Survey of Crime Trends and Operations of Criminal Justice Systems (Tenth CTS, 2005-2006)” June 2010. www.unodc.org/unodc/en/data-and-analysis/Tenth-CTS-full. html. 29 United Nations Office on Drugs and Crime, “The Tenth United Nations Survey,” 2010. 30 S. Harrendorf and others, International Statistics on F I N D I N G D IR EC TION Crime and Justice (Helsinki, Finland: United Nations, 2010). www.unodc.org/documents/data-and-analysis/Crime-statistics/International_Statistics_on_Crime_and_Justice.pdf 31 Arthur A. Jones and Robin Wiseman, Community Policing in Europe: Structure and Best Practices-- Sweden, France, Germany (Bulgaria: Open Society Institute, Bulgaria, 2006). www.lacp.org/Articles%20-%20Expert%20-%20Our%20 Opinion/060908-CommunityPolicingInEurope-AJ.htm 32 Rod Morgan, “England/Wales,” in Dūnkel and Wagg, Waiting for Trial, 198. 33 Judith A. Greene,“Zero tolerance: A case study of police policies and practices in New York City” Crime and Delinquency 45 (2), 1999: 171-187. 34 International Centre for Prison Studies, “World Prison Brief: Country Profiles,” January 5, 2011 www.kcl.ac.uk/ depsta/law/research/icps/worldbrief/ 35 Anne Rankin, “The Effect of Pretrial Detention,” New York University Law Review 39 (1964), 641–655; Michael R. Gottfredson and Don M. Gottfredson, Decision Making in Criminal Justice: Toward a Rational Exercise of Discretion (New York: Plenum Press, 1988); Williams, “The Effect of Pretrial Detention on Imprisonment Decisions,” 299–316; C. E. Frazier and J.K. Cochran, “Detention of Juveniles: Its Effects on Subsequent Juvenile Court Processing and Decisions,” Youth and Society 17, no. 3 (1986): 286-305 36 Rod Morgan, “England/Wales,” 198. 37 Rick Sarre, Sue King and David Bamford, “Remand in Custody: Critical Factors and Key Issues,” Trends and Issues in Crime and Criminal Justice, no.310 (2006): 1-3. www.aic. gov.au/documents/8/D/E/%7B8DE2E6F6-9D25-45E8-AED039FA7CC9EA79%7Dtandi310.pdf., Office of Public Sector Information, “Bail Act 1976,” Revised Statutes, www.opsi. gov.uk/RevisedStatutes/Acts/ukpga/1976/cukpga_19760063_ en_1#pb2-l1g3., Crime and Society: A Comparative Criminology Tour of the World, “Criminal Codes,” Canada, www-rohan.sdsu.edu/faculty/rwinslow/namerica/canada. html.. 38 Crime and Society: A Comparative Criminology Tour of the World, “Criminal Codes,” Finland, www-rohan.sdsu.edu/ faculty/rwinslow/europe/finland.html. 39 Crime and Society: A Comparative Criminology Tour of the World, “Detention,” United Kingdom, www-rohan.sdsu. edu/faculty/rwinslow/europe/great _britain.html., Crime and Society: A Comparative Criminology Tour of the World, “Detention,” Germany, www-rohan.sdsu.edu/faculty/rwinslow/ europe/germany.html, Crime and Society: A Comparative Criminology Tour of the World, “Criminal Codes,” Canada, www-rohan.sdsu.edu/faculty/rwinslow/namerica/canada. html.. 40 Crime and Society: A Comparative Criminology Tour of the World, “Criminal Codes,” Finland, www-rohan.sdsu.edu/ faculty/rwinslow/europe/finland.html. 41 Adam Liptak, “Illegal Globally, Bail for Profit Remains in U.S.” New York Times, January 29, 2008. www.nytimes. com/2008/01/29/us/29bail.html?pagewanted=all 42 Rick Sarre, Sue King and David Bamford, “Remand in Custody: Critical Factors and Key Issues,” Trends and Issues in Crime and Criminal Justice, no.310 (2006): 1-3. www.aic. gov.au/documents/8/D/E/%7B8DE2E6F6-9D25-45E8-AED039FA7CC9EA79%7Dtandi310.pdf., Office of Public Sector Information, “Bail Act 1976,” Revised Statutes, www.opsi. gov.uk/RevisedStatutes/Acts/ukpga/1976/cukpga_19760063_ en_1#pb2-l1g3., Crime and Society: A Comparative Criminology Tour of the World, “Criminal Codes,” Canada, www-rohan. sdsu.edu/faculty/rwinslow/namerica/canada.html 43 Amanda Petteruti and Nastassia Walsh, Jailing Communities: The Impact of Jail Expansion and Public Safety Strategies (Washington, DC: Justice Policy Institute, 2008). www.justicepolicy.org/images/upload/0804_REP_JailingCommunities_AC.pdf 44 Adam Liptak, “Illegal Globally, Bail for Profit Remains in U.S.” New York Times, January 29, 2008. www.nytimes. com/2008/01/29/us/29bail.html?pagewanted=all 45 Data for Canada is from 2008 and data for the United Kingdom is from 2010. 46 International Centre for Prison Studies, “World Prison Brief: Country Profiles,” January 5, 2011 www.kcl.ac.uk/ depsta/law/research/icps/worldbrief/ 47 Carlos Carcach and Anna Grant, Imprisonment in Australia: The Remand Population (Canberra, Australia: Australian Institute of Criminology, 2000). www.aic.gov.au/ documents/1/D/8/%7B1D8FA7F8-EC35-4353-9A65-355715E2A622%7Dti172.pdf 48 Carlos Carcach and Anna Grant, Imprisonment in Australia: The Remand Population, 2000. 49 Legal Services Commission of South Australia, “Prison Institutions,” Accessed November 10, 2010. www.lawhandbook.sa.gov.au/ch34s02s01.php, Department of Justice, Victoria, “Remand Prisoners,” October 19, 2010. www.justice. vic.gov.au/wps/wcm/connect/justlib/DOJ+Internet/Home/ Prisons/Prisoners/Remandees/ 50 Legal Aid, Western Australia, “Bail: What is Bail?” March 31, 2010. www.legalaid.wa.gov.au/infoaboutlaw/aspx/ default.aspx?Page=Going/Bail.xml 51 Legal Aid, Western Australia, “Bail: What is Bail?,” 2010., Legal Services Commission of South Australia, “Conditions of Bail,” July 8, 2009. www.lawhandbook.sa.gov.au/ ch02s03s03.php 52 International Centre for Prison Studies, “World Prison Brief: Country Profiles,” January 5, 2011 www.kcl.ac.uk/ depsta/law/research/icps/worldbrief/ 53 Prime Minister of Canada, Stephen Harper, “Tackling Crime through Bail Reform,” November 23, 2006. http:// pm.gc.ca/eng/media.asp?id=1413 54 Statistics Canada, “Adult and Youth Correctional Services: Key Indicators,” September 30, 2010. www.statcan.gc.ca/ daily-quotidien/091208/dq091208a-eng.htm, Sara Johnson, Custodial Remand in Canada, 1986/87 to 2000/01, (Ottawa, Canada: Canadian Centre for Justice Statistics, 2003). www. 69 70 justice polic y institute statcan.gc.ca/pub/85-002-x/85-002-x2003007-eng.pdf, Government of Alberta, “Edmonton Remand Centre,” Accessed November 15, 2010. 55 Ron Jourard, Criminal Lawyer, “Bail and Release from Custody,” Accessed November 15, 2010. www.defencelaw. com/printversion-bail-4.html#forfeiture 56 International Centre for Prison Studies, “World Prison Brief: Country Profiles,” January 5, 2011 www.kcl.ac.uk/ depsta/law/research/icps/worldbrief/ 57 Matti Joutsen, Raimo Lahti and Pasi Pölönen, Criminal Justice Systems in Europe and North America, Finland (Helsinki, Finland: The European Institute for Crime Prevention and Control, 2001). www.heuni.fi/uploads/mw1ahyuvuylrx. pdf 58 Criminal Sanctions Agency, “Turku prison and Turku remand prison went into history: The prison of South western Finland started operations,” June 1, 2003. www.rikosseuraamus.fi/22438.htm, Criminal Sanctions Agency, “The New Vantaa Prison Replaces Helsinki Remand Prison,” April 23, 2002. www.rikosseuraamus.fi/14021.htm 59 A.M. van Kalmthout, M.M. Knapen, C. Morgenstern, Pretrial Detention in the European Union: Finland, (Tiburg, Netherlands: Tilburg University, 2009). 60 Matti Joutsen, Raimo Lahti and Pasi Pölönen, Criminal Justice Systems in Europe and North America, Finland (Helsinki, Finland: The European Institute for Crime Prevention and Control, 2001). www.heuni.fi/uploads/mw1ahyuvuylrx. pdf, U.S. Department of State, “2009 Human Rights Report: Finland,” March 11, 2010. www.state.gov/g/drl/rls/hrrpt/2009/ eur/136030.htm 61 Matti Joutsen, Raimo Lahti and Pasi Pölönen, Criminal Justice Systems in Europe, 2010, A.M. van Kalmthout, M.M. Knapen, C. Morgenstern, Pretrial Detention in the European Union: Finland, (Tiburg, Netherlands: Tilburg University, 2009). http://ec.europa.eu/justice/doc_centre/criminal/ procedural/doc/chapter_9_finland_en.pdf 62 International Centre for Prison Studies, “World Prison Brief: Country Profiles,” January 5, 2011 www.kcl.ac.uk/ depsta/law/research/icps/worldbrief/ 63 Jörg-Martin Jehle, Criminal Justice in Germany, (Berlin, Germany: Federal Ministry of Justice, 2009). www.bmj.bund. de/media/archive/960.pdf 64 A.M. van Kalmthout, M.M. Knapen, C. Morgenstern, Pretrial Detention in the European Union: Germany, (Tilburg, Netherlands: Tilburg University, 2009). http://ec.europa.eu/ justice/doc_centre/criminal/procedural/doc/chapter_11_germany_en.pdf, United Nations Educational, Scientific and Cultural Organization, “Library System of Prisons in Hamburg, Germany,” Accessed November 15, 2010. www.unesco. org/uil/literacyinprison/Page-Library-system-of-prisons-inHamburg-Germany-39.html 65 A.M. van Kalmthout, M.M. Knapen, C. Morgenstern, Pretrial Detention: Germany, 2009; U.S. Department of State, “2009 Human Rights Report: Germany,” March 11, 2010. www.state.gov/g/drl/rls/hrrpt/2009/eur/136033.htm 66 Only includes data from England and Wales. 67 International Centre for Prison Studies, “World Prison Brief: Country Profiles,” January 5, 2011 www.kcl.ac.uk/ depsta/law/research/icps/worldbrief/ 68 A.M. van Kalmthout, M.M. Knapen, C. Morgenstern, Pretrial Detention in the European Union: United Kingdom, (Tiburg, Netherlands: Tilburg University, 2009). 69 A.M. van Kalmthout, M.M. Knapen, C. Morgenstern, Pretrial Detention: United Kingdom, 2009. 70 A.M. van Kalmthout, M.M. Knapen, C. Morgenstern, Pretrial Detention: United Kingdom, 2009. 71 A.M. van Kalmthout, M.M. Knapen, C. Morgenstern, Pretrial Detention: United Kingdom, 2009. 72 A.M. van Kalmthout, M.M. Knapen, C. Morgenstern, Pretrial Detention: United Kingdom, 2009. 73 International Centre for Prison Studies, “World Prison Brief: Country Profiles,” January 5, 2011 www.kcl.ac.uk/ depsta/law/research/icps/worldbrief/ 74 Douglas J. Klein, “The Pretrial Detention ‘Crisis’: The Causes and the Cure,” Washington University Journal of Urban and Contemporary Law 52, (1997): 281-305. http://law. wustl.edu/journal/52/306.pdf 75 American Bar Association, “Criminal Justice Section Standards: Pretrial Release,” Accessed November 16, 2010. www.abanet.org/crimjust/standards/pretrialrelease_blk. html#10-5.8 76 U.S. Marshals Service, “Defendants in Custody and Prisoner Management,” Accessed November 16, 2010. www. usmarshals.gov/prisoner/index.html, Paul Gewirtz and Jeffrey Prescott, “U.S. Pretrial Detention: A Work in Progress,” Caixin Online, March 24, 2010. http://english.caing.com/englishNews.jsp?id=100129236&time=2010-03-24&cl=111&page=all, Federal Defender Program, Inc., Northern District of Georgia, “Pretrial Detention,” Accessed November 16, 2010. http:// gan.fd.org/index_files/Page406.htm, Larry J. Siegel, Essentials of Criminal Justice, Sixth Edition (Belmont, CA: Wadsworth Cengage Learning, 2009). 77 Paul Gewirtz and Jeffrey Prescott, “U.S. Pretrial Detention: A Work in Progress,” Caixin Online, March 24, 2010. http://english.caing.com/englishNews. jsp?id=100129236&time=2010-03-24&cl=111&page=all 78 National Association of Pretrial Services Agencies, “Facts and Positions: the Truth About Commercial Bail Bonding in America,” August 2009. www.napsa.org/publications/ napsafandp1.pdf 79 Alfred Blumstein and Allen J. Beck, “Population Growth in U.S. Prisons, 1980-1996,” Crime and Justice, 26, 1999, 17-61. 80 Kauko Aromaa and Markku Heiskanen, eds. Crime and Criminal Justice Systems in Europe and North America 19952004 (Helsinki: The European Institute for Crime Prevention and Control, 2008). www.heuni.fi/Etusivu/Publications/ HEUNIreports/1215524277763; Jan van Dijk, John van Kesteren, and Paul Smit, Criminal Victimisation in International Perspective: Key findings from the 2004-2005 ICVS and EU ICS F I N D I N G D IR EC TION (The Hague: WODC, Tilburg University, UNICRI, United Nations Office on Drugs and Crime, 2007) www.unicri.it/wwd/ analysis/icvs/pdf_files/ICVS2004_05report.pdf 81 George Cole and Christopher Smith, eds. “Day Fines in Germany: Could the Concept Work in the United States?” in The American System of Criminal Justice, 11th edition (Belmont, CA: Thomson Wadsworth, 2007). 82 U.S. Department of Justice, “How to Use Structured Fines (Day Fines) as an Intermediate Sanction” (Washington, DC: Bureau of Justice Assistance, 1996). www.ncjrs.gov/ pdffiles/156242.pdf. 83 U.S. Department of Justice, How to Use Structured Fines,” 1996. 84 Tapio Lappi-Seppälä, “Changes in Penal Policy in Finland,” in Punitivity. International developments., Vol. 1: Punitiveness – global Phenomenon? Helmuth Kury & Evelyn Shea (Eds) (Germany, 2011). 85 According to the Public Safety Performance Project (One in 100: Behind Bars in American 2008), one year of incarceration costs on average $23,876. 86 Lin Song and Roxanne Lieb, Recidivism: The Effect of Incarceration and Length of Time Served (Olympia, WA: Washington State Institute for Public Policy, 1993). www.wsipp. wa.gov/rptfiles/IncarcRecid.pdf 87 Tom Bonczar State Prison Admissions, 2006: Sentence Length by offense and admission type (Washington, DC, Bureau of Justice Statistics: 2010) http://bjs.ojp.usdoj.gov/index. cfm?ty=pbdetail&iid=2174. 88 These figures do not include sentences of life without parole, life plus additional years nor death. 89 Jörg-Martin Jehle, 2009. 90 Tom Bonczar State Prison Admissions, 2006, 2010); Marcelo F. Aebi and others, European Sourcebook of Crime and Criminal Justice Statistics, Fourth Edition (Zurich, Switzerland, Ministry of Justice, 2010). www.europeansourcebook.org/ ob285_full.pdf ; Prisoners in Australia, 2006 (Canberra, Australian Bureau of Statistics, 2006) www.abs.gov.au/AUSSTATS/ abs@.nsf/DetailsPage/4517.02006?OpenDocument. Robbery: Defined as “Robbery, extortion and related offences” in Australia. Assault: Defined as “Violence against the person” in England and Wales. Fraud: Defined as “Fraud: Defined as “Deception and related offences” in Australia and “fraud and forgery” in England and Wales. 91 John van Kesteren, Pat Mayhew, and Paul Nieuwbeerta, Criminal Victimisation in Seventeen Industrialised Countries: Key Findings from the 2000 International Crime Victims Survey. (The Hague: Ministry of Justice, 2000). http://rechten.uvt.nl/icvs/ pdffiles/Industr2000a.pdf. The offenses included here are car theft, theft from car, car vandalism, bicycle theft, motorcycle theft, burglary, attempted burglary, robbery, sexual incidents, personal thefts, and assault and threats. Germany not included. 92 Tapio Lappi-Seppälä, Global Trends and Local Exceptions, 2009. 93 U.S. Department of Justice, “How to Use Structured Fines, 1996). 94 These figures do not include sentences of life without parole, life plus additional years, nor death. 95 George Zdenkowski, “Sentencing in Australia,” Legaldate, May 2009, Vol. 21 Issue 2, p5-7. 96 Kate Warner, Mandatory Sentencing and the Role of the Academic (Brisbane, International Society for the Reform of Criminal Law: 2006). www.isrcl.org/Papers/2006/Warner.pdf 97 Kate Warner, Mandatory Sentencing and the Role of the Academic, 2006. 98 Australian Institute of Criminology, “Sentencing Juveniles,” August 2009. www.aic.gov.au/crime_community/ demographicgroup/youngpeople/sentencing.aspx#nsw 99 Law council of Australia, The Mandatory Sentencing Debate (Canberra: Law Council of Australia, 2001). www.lawcouncil.asn.au/shadomx/apps/fms/ fmsdownload.cfm?file_uuid=91B75434-1E4F-17FA-D2BAB6D5A60592A7&siteName=lca 100 Australian Bureau of Statistics, Prisoners in Australia, 2006 (Canberra, Australian Bureau of Statistics, 2006) www. abs.gov.au/AUSSTATS/abs@.nsf/DetailsPage/4517.02006?Ope nDocument. 101 Judicial Conference of Australia, Judge for yourself: A Guide to Sentencing in Australia (Adelaide: The Judicial Conference of Australia, 2007). www.sentencingcouncil.vic. gov.au/sites/sentencingcouncil.vic.gov.au/files/judge_for_ yourself_a_guide_to_sentencing_in_australia.pdf 102 Department of Justice Canada, “Fair and Effective Sentencing – A Canadian Approach to Sentencing Policy,” October 2005. www.justice.gc.ca/eng/news-nouv/nr-cp/2005/ doc_31690.html 103 John Howard Society of Alberta, Sentencing in Canada (Edmonton, Alberta: John Howard Society of Alberta: 1999) www.johnhoward.ab.ca/pub/pdf/C33.pdf 104 Donna Calverly, Youth Custody and Community Services in Canada, 2004/2005 (Ottawa, Canada: Juristat, Canadian Centre for Justice Statistics, 2007). 105 Includes 10 provinces and territories. Life sentences recoded to 25 years for mean calculation. Michael Marth, “Adult Criminal Court Statistics, 2006/2007,” Juristat 28, no. 5 (2010). www.statcan.gc.ca/pub/85-002-x/85002-x2008005-eng.pdf 106 John Howard Society, Sentencing in Canada (Edmonton, Canada: John Howard Society of Alberta, 1999). www.johnhoward.ab.ca/pub/pdf/C33.pdf In the case of custodial sentences of ninety days or less, the court can order that a sentence be served intermittently (nonconsecutively). For example, a court may direct a person to serve prison time on weekends or certain days, while being under a probation order when not in custody. 107 Ministry of Justice, Finland, “Justice System of Finland,” 71 72 justice polic y institute January 16, 2011. Finland Courts, “Imprisonment and Community Service,” January 16, 2011. www.oikeus.fi/16073.htm 108 Matti Joutsen, Raimo Lahti and Pasi Pölönen, Criminal Justice Systems in Europe and North America: Finland (Helsinki, Finland: The European Institute for Crime Prevention and Control, 2001). 109 Section 1 of the Conditional Sentences Act, as amended by Act 1989/992. Soon after the adoption of this amendment, the Supreme Court decided a case involving its application. In the case, the court had sentenced the defendant for attempted manslaughter to two years of imprisonment. He had been under 18 at the time of the offence. In view of the circumstances of the offence and the offender, the Supreme Court took the view that, despite the seriousness of the offence and the length of the sentence imposed, there were no “weighty reasons” for ordering the sentence imposed unconditionally (Supreme Court decision no. 1991:185, 20 December 1991). Matti Joutsen, Raimo Lahti and Pasi Pölönen, Criminal Justice Systems: Finland, 2001. 110 Matti Joutsen, Raimo Lahti and Pasi Pölönen, Criminal Justice Systems: Finland, 2001. 111 Personal Communication with Tuomo Niskanen A. Kuhn, “Incarceration Rates: The United States in an International Perspective,” Criminal Justice Abstracts 30, no. 2 (1998): 321-353. www.ncjrs.gov/App/Publications/abstract. aspx?ID=173492 112 Judicial System, “Penalties,” January 2010. www.oikeus. fi/16068.htm It is possible for a defendant to be found guilty but nevertheless receive no penalty if the court is convinced that the person will change their behavior without a penalty 113 Serious offenses in the German Criminal Code includes all drug offenses in which more than minor amounts of drugs are involved., Cornelius Nestler, “Sentencing in Germany,” Buffalo Criminal Law Review 7, no. 1 (2003): 109-38. http:// wings.buffalo.edu/law/bclc/bclrarticles/7/1/nestler.pdf 114 Frieder Dünkel, Juvenile Justice in Germany (Greifswald, Germany: University of Greifswald, 2005). www.rsf.unigreifswald.de/fileadmin/mediapool/lehrstuehle/duenkel/ JuvenileJustice.pdf 115 Exact mean not available. Jörg-Martin Jehle, Criminal Justice in Germany, 2009). 116 George Cole and Christopher Smith, eds. “Day Fines in Germany: Could the Concept Work in the United States?” in The American System of Criminal Justice, 11th edition (Belmont, CA: Thomson Wadsworth, 2007). 117 Diversion could include requirements for community service, reparations, training courses, apology to harmed parties, mediation, or fines depending on the seriousness of the crime. Frieder Dünkel, Juvenile Justice in Germany, 2005). 118 The information presented applies only to England and Wales. 119 The Sentencing Council for England and Wales, “About Sentencing.” www.sentencingcouncil.org.uk/about-sentencing.htm 120 The Sentencing Council for England and Wales, “About Sentencing.” www.sentencingcouncil.org.uk/about-sentencing.htm 121 The Sentencing Council for England and Wales, “About Sentencing.” www.sentencingcouncil.org.uk/about-sentencing.htm 122 Sentencing Statistics: England and Wales 2008 Statistics Bulletin (London: Ministry of Justice, 2008). www.justice.gov. uk/publications/docs/sentencing-stats-2008.pdf 123 The Sentencing Council for England and Wales, “About Sentencing.” www.sentencingcouncil.org.uk/about-sentencing.htm 124 James Austin and others, The Use of Incarceration in the United States: National Policy White Paper, 2001. 125 Christopher Mascharka, “Mandatory Minimum Sentences: Exemplifying the Law of Unintended Consequences,” Florida State University Law Review 28, no. 4 (2001): 93575. www.law.fsu.edu/journals/lawreview/downloads/284/ Masharka2.pdf 126 Lia Monahon, Until They Die a Natural Death: Youth Sentenced to Life Without Parole in Massachusetts (Lynn, MA: Children’s Law Center of Massachusetts, 2009). www.clcm. org/UntilTheyDieaNaturalDeath9_09.pdf 127 Lia Monahon, Until They Die a Natural Death, 2009). 128 Tom Bonczar State Prison Admissions, 2006, 2010. 129 National Governor’s Association, Sentencing Options: Baseline Information for Policymakers (Washington, DC: National Governor’s Association, 2003). www.nga.org/cda/ files/0309sentencing.PDF 130 Allan Beck and Darrell Gilliard, Prisoners in 1994 (Washington, DC: Bureau of Justice Statistics, 1995). http://bjs.ojp. usdoj.gov/content/pub/pdf/Pi94.pdf. and William Sabol, Heather West, and Matthew Cooper, Prisoners in 2008 (Washington, DC: Bureau of Justice Statistics, 2009). http://bjs.ojp. usdoj.gov/content/pub/pdf/p08.pdf 131 Allan Beck and Darrell Gilliard, Prisoners in 1994, 1995).; William Sabol, and others, Prisoners in 2008, 2009. 132 United States: William Sabol, Heather West, and Matthew Cooper, Prisoners in 2008, 2009. Includes both people in both federal or state prisons, Finland, Germany, UK: Council of Europe, Annual Penal Statistics – SPACE I – 2008 (Strasbourg, France: Council of Europe, 2010). www.coe.int/t/ dghl/standardsetting/prisons/SPACEI/PC-CP(2010)07_E%20 SPACE%20Report%20I.pdf Canada: Laura Landry and Maire Sinha, “Adult Correctional Services in Canada, 2005/2006,” Juristat 28, no. 6 (June 2008). www.statcan.gc.ca/pub/85-002x/85-002-x2008006-eng.pdf, Sentenced only, does not include remand. Australia: Australian Bureau of Statistics, Prisoners in 2008, Australia (Canberra, Australia, Australian Bureau of Statistics, 2008). www.abs.gov.au/AUSSTATS/abs@.nsf/ F I N D I N G D IR EC TION Previousproducts/4517.0Main%20Features22008?opendocum ent&tabname=Summary&prodno=4517.0&issue=2008&num= &view= 133 Joseph A. Califano, Shoveling up II: The impact of substance abuse on federal, state and local 146 Council of Europe, Annual Penal Statistics – SPACE I – 2002 (Strasbourg, France: Council of Europe, 2003) 147 Council of Europe, Annual Penal Statistics – SPACE I – 2008 (Strasbourg, France: Council of Europe, 2010) budgets. (New York: National Center on Addiction and Substance Abuse at Columbia University, 2009). www.casacolumbia.org/articlefiles/380-ShovelingUpII.pdf 148 Caitlin Elizabeth Hughes and Alex Stevens, “What can we learn from the Portuguese Decriminalization of Illicit Drugs?” British Journal of Criminology 50(21 July 2010), 999–1022. 134 Julian V. Roberts, Mandatory Sentences of Imprisonment in Common Law Jurisdictions: Some Representative Models (Canada: Department of Justice, 2004) 149 European Legal Database on Drugs, Country Profiles, Germany, http://eldd.emcdda.europa.eu/html.cfm/index5174EN.html#. 135 Drug Policy Alliance, “Press Release: Historic Legislation to Reduce Crack/Powder Cocaine Sentencing Disparity Heads to President Obama’s Desk,” July 28, 2010. www. drugpolicy.org/news/pressroom/pressrelease/pr072810.cfm 150 European Monitoring Centre for Drugs and Drug Addiction, Drug Situation, “Country Overview: Germany,” March 2010. www.emcdda.europa.eu/publications/countryoverviews/de#pdu . 136 Karen Davis, Cathy Schoen, and Kristof Stremikis, Mirror, Mirror on the Wall Mirror, Mirror on the Wall: How the Performance of the U.S. Health Care System Compares Internationally -2010 Update (New York, NY: The Commonwealth Fund: June 2010). www.commonwealthfund.org/~/media/Files/Publications/ Fund%20Report/2010/Jun/1400_Davis_Mirror_Mirror_on_ the_wall_2010.pdf 151 European Monitoring Centre for Drugs and Drug Addiction, Drug Situation, “Country Overview: Finland,” March 2010. www.emcdda.europa.eu/publications/countryoverviews/fi#nlaws. 137 International Harm Reduction Association, The Global State of Harm Reduction 2010: Key issues for broadening the response (London, United Kingdom: International Harm Reduction Association, 2010). www.ihra.net/files/2010/06/15/ GSHR2010IntroductionWeb3.pdf. 138 Benjamin Dolin, National Drug Policy: The Netherlands (Ottawa, Canada: Library of Parliament, 2001). www.parl. gc.ca/37/1/parlbus/commbus/senate/com-e/ille-e/library-e/ dolin1-e.htm. 139 Drug Policy Alliance, “The Netherlands,” www.drugpolicy.org/global/drugpolicyby/westerneurop/thenetherlan/, accessed June 2, 2010. 140 Council of Europe, Annual Penal Statistics – SPACE I – 2006 (Strasbourg, France: Council of Europe, 2009) 141 Benjamin Dolin, National Drug Policy: The Netherlands, 2001. 142 Glenn Greenwald, Drug Decriminalization in Portugal: Lessons for Creating Fair and Successful Drug Policies (Washington, DC: Cato Institute, 2009). www.cato.org/pubs/ wtpapers/greenwald_whitepaper.pdf 143 United Nations Office on Drugs and Crime, World Drug Report 2009 (Vienna, Austria: United Nations Office on Drugs and Crime, 2009). www.unodc.org/documents/wdr/ WDR_2009/WDR2009_eng_web.pdf 144 Neal Conan, Talk of the Nation, “Mixed Results For Portugal’s Great Drug Experiment,” NPR, January 20, 2011. www.npr.org/2011/01/20/133086356/Mixed-Results-ForPortugals-Great-Drug-Experiment 145 Glenn Greenwald, Drug Decriminalization in Portugal: Lessons for Creating Fair and Successful Drug Policies, 2009. 152 The Coordination of Australian Illicit Drug Strategy, Drug Policy Modeling Program, 2010. www.dpmp.unsw.edu.au/ DPMPWeb.nsf/resources/Monograph+16.pdf/$file/Mono+18. pdf. Accessed Mar. 9, 2010. 153 Ministerial Council on Drug Strategy. The National Drug Strategy: Australia’s Integrated Framework 2004-2009 (Sydney, Australia: Intergovernmental Committee on Drugs & Australian National Council on Drugs, 2004). www.nationaldrugstrategy. gov.au/internet/drugstrategy/publishing.nsf/Content/5EAED 77A78166EB5CA2575B4001353A4/$File/framework0409.pdf. 154 Simon Lenton, , “Pot, politics and the press —reflections on cannabis law reform in Western Australia,” Drug and Alcohol Review pp 225-228, http://web.ebscohost.com/ ehost/pdf?vid=3&hid=7&sid=39bbebc7-9612-4148-a7363fe9d8404b0f%40sessionmgr14. 155 Department of Justice, Victoria, Australia, “Drug Court,” www.justice.vic.gov.au/wps/wcm/connect/ DOJ+Internet/Home/Courts/Victorian+Courts/JUSTICE++Drug+Court, accessed June 1, 2010. 156 Drug Info Clearinghouse, The drug prevention network, www.druginfo.adf.org.au/druginfo/drugs/drug_laws, accessed March 9, 2010. 157 DrugScope, “The Misuse of Drugs Act 1971,” www. drugscope.org.uk/resources/drugsearch/drugsearchpages/ laws, accessed June 1, 2010. 158 The Matrix Knowledge Group, Dedicated Drug Court Pilots: A Process Report (London, United Kingdom: Ministry of Justice, 2008). www.justice.gov.uk/publications/docs/dedicated-drug-courts.pdf. 159 European Monitoring Centre for Drugs and Drug Addiction, Drug Situation, “Country Overviews: United Kingdom,” March 2010. www.emcdda.europa.eu/publications/countryoverviews/uk#pdu. 73 74 justice polic y institute 160 Canadian Foundation for Drug Policy, “Drugs and Drug Policy in Canada: A Brief Review and Commentary,” www.cfdp.ca/sen8ex1.htm, accessed June 1, 2010. 161 Health Canada, “Medical Use of Marihuana,” www.hcsc.gc.ca/dhp-mps/marihuana/index-eng.php, accessed June 1, 2010. 162 Daniel Werb, Richard Elliot, Benedikt Fischer, Evan Wood, Julio Montaner, and Thomas Kerr, “Drug Treatment Courts in Canada: An Evidenced Based Review,” HIV/AIDS Policy & Law Review 12, no. 2/3 (2007): 12-17. 163 Canadian Department of Justice, “Backgrounder Mandatory prison sentences for serious drug crimes,” www. justice.gc.ca/eng/news-nouv/nr-cp/2009/doc_32339.html, accessed March 9, 2010.; Canadian HIV/AIDS Legal Network, “Misleading and Misguided: Mandatory Prison Sentences for Drug Offences,” Ottawa: 2009. www.idpc.net/sites/default/ files/alerts/CHLN_Misleading.pdf, accessed Mar. 9, 2010. 164 ProCon.org, “Medical Marijuana,” http://medicalmarijuana.procon.org/view.resource.php?resourceID=002481#NY, accessed March 9, 2010. 165 The World Health Organization’s Project Atlas country profile for Germany states that “since the late 1960s, psychiatric hospitals have reduced their beds by about 50% and one psychiatric hospital was closed. 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Bonczar and Allen Beck, Lifetime Likelihood of Going to State or Federal Prison (Washington, DC: Bureau of Justice Statistics, 1997). http://bjsdata.ojp.usdoj.gov/content/ pub/pdf/Llgsfp.pdf 268 Barry Holman and Jason Ziedenberg, Dangers of Detention: The Impact of Incarcerating Youth in Detention and Other Secure Facilities (Washington, DC: Justice Policy Institute, 2006). www.justicepolicy.org/images/upload/0611_REP_DangersOfDetention_JJ.pdf 269 John Pitts and Tarja Kuula, Incarcerating Young People: An Anglo-Finnish Comparison (London: The National Associate for Youth Justice, Vol. 5 No. 3, 2005) 270 John Muncie, The ‘Punitive Turn’ in Juvenile Justice: Cultures of Control and Rights Compliance in Western Europe and the USA (London: The National Associate for Youth Justice, 2008) 271 Jörg-Martin Jehle, Criminal Justice in Germany, 2009. 272 Dietrich Oberwittler and Sven Höfer, “Crime and Justice in Germany: An Analysis of Recent Trends and Research,” European Journal of Criminology, vol. 2, no. 4 (2005). 273 John Muncie and Barry Boldson, “England and Wales: The New Correctionalism” in Comparative Youth Justice (London: Sage Publications, 2006). 274 John Muncie and Barry Goldson, eds., “Editor’s Introduction” in Comparative Youth Justice (London: Sage Publications, 2006). 275 Annie E. Casey Foundation, “Juvenile Detention Alternatives Initiative,” November 17, 2010. www.aecf.org/MajorInitiatives/JuvenileDetentionAlternativesInitiative.aspx 276 John D. and Catherine T. MacArthur Foundation, “Models for Change,” November 17, 2010. www.modelsforchange.net/index.html 277 Missouri Juvenile Justice Association. 2003. Celebrating 77 78 justice polic y institute 100 Year of Juvenile Justice in Missouri: 1903-2003. Online at http://mjja.org/images/100Years.pdf., Mendel, Richard A. 2001. Less cost, more safety: Guiding lights for reform in juvenile justice. Washington, DC: American Youth Policy Forum. www.aecf.org/upload/PublicationFiles/less%20cost%20 more%20safety.pdf. 278 Missouri Department of Social Service. 2006. Division of Youth Services Annual Report: Fiscal Year 2006. www.dss. mo.gov/re/pdf/dys/dysfy06.pdf. 279 Richard A. Mendel, Less cost, more safety: Guiding lights for reform in juvenile justice. 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Florida, 2010 284 Campaign for Youth Justice, The Consequences Aren’t Minor: The Impact of Trying Youth as Adults and Strategies for Reform (Washington, DC: Campaign for Youth Justice, 2007). www.campaignforyouthjustice.org/Downloads/NEWS/National_Report_consequences.pdf, Campaign for Youth Justice, Key Facts: Youth in the Justice System (Washington, DC: Campaign for Youth Justice, 2010). www.campaignforyouthjustice.org/documents/FS_KeyYouthCrimeFacts.pdf 285 Tapio Lappi-Seppälä, “Trust, Welfare, and Political Culture: Explaining Differences in National Penal Policies,” 2008. Tapio Lappi-Seppälä, Global Trends and Local Exceptions, 2009.; Douglas B. Weiss and Doris L. MacKenzie, “A Global Perspective on Incarceration,” 2010.; Michael Tonry, “Why Aren’t German Penal Policies Harsher and Imprisonment Rates Higher?” German Law Journal 5(10), 2004. 286 Anthony N. Doob and Cheryl Marie Webster, “Countering Punitiveness: Understanding Stability in Canada’s Imprisonment Rate,” Law and Society Review 40(2), 2006. 287 Marie Gottschalk, The Prison and the Gallows: The politics of mass incarceration in America. (Cambridge: Cambridge University Press, 2006). 288 The provision of free legal representation for individuals who cannot afford to obtain their own representation. 289 Prosecution data is from 2005, public defense data is from 2007. Federal prosecution and public defense data is not included. Lynn Langton and Donald J. Farole, Jr., Public Defender Offices, 2007- Statistical Tables (Washington, D.C.: Bureau of Justice Statistics, 2009). http://bjs.ojp.usdoj.gov/content/pub/pdf/pdo07st.pd, Steven W. 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(New York: Pearson Longman, 2005)., Frank D. Gilliam and Shanto Iyengar, “Super-predators or victims of societal neglect? Framing effects in juvenile crime coverage.” in Framing American Politics. K. Callagan and F. Schnell, eds. (Pittsburgh: University of Pittsburgh Press, 2005). 296 Doris Graber, Crime News and the Public. (New York: Praegar, 1980). 297 Frank D. Gilliam and Shanto Iyengar, “Prime Suspects: The influence of local television news on the viewing public,” American Journal of Political Science 44(3): 560-573, 2000., Doris Graber,. Crime News and the Public. (New York: Praegar, 1980).;P. A. Perrone, and Meda Chesney-Lind ,“Representations of gangs and delinquency: Wild in the streets?” Social Justice, 24(4): 96-116, 1997. 298 Harry L. Marsh, “A Comparative Analysis of Crime Coverage in Newspapers in the United States and Other Countries from 1960-1989: A review of the literature.” Journal of Criminal Justice 19: 67-79, 1991). 299 R. I. Mawbry and J. Brown, “Newspaper images of the victim: A British study,” Victimology: An International Journal 9: 82-94, 1983.; Harry L Marsh, “A Comparative Analysis of Crime Coverage in Newspapers in the United States and Other Countries from 1960-1989: A review of the literature,” Journal of Criminal Justice 19: 67-79, 1991. 300 John Pitts and Tarja Kuula, “Incarcerating Young People,” 2005.. 301 S. Decker and K. Kempf-Leonard, “Constructing gangs: The social definition of youth activities.” Criminal Justice Policy Review, 5: 271-291, 1991. 302 Lisa L. Sample and Colleen Kadleck, “Sex Offender Laws: Legislators’ accounts of the need for policy.” Criminal Justice Policy Review 19(1): 40-62, 2008. 303 Anthony N. Doob and Cheryl Marie Webster, “Countering Punitiveness, 2006. 304 Law & Order expenditure was calculated by subtracting the CIA World Factbook amount Military Spending from the OECD records of law, order and defense spending. F I N D I N G D IR EC TION From the OECD: Law and order covers the police forces, intelligence services, prisons and other correctional facilities, the judicial system, and ministries of internal affairs. Note that the figures shown here do not include the costs of government-mandated security arrangements at airports, seaports and other border crossings. Nor, of course, do they include the provision of security in shopping-malls, football matches, concerts and other public gatherings, all of which have certainly increased in recent years. 305 From OECD: Public social expenditure comprises cash benefits, direct “in-kind” provision of goods and services, and tax breaks with social purposes. To be considered “social”, benefits have to address one or more social goals. Benefits may be targeted at low-income households, but they may also be for the elderly, disabled, sick, unemployed, or young persons. Programs regulating the provision of social benefits have to involve: a) redistribution of resources across households, or b) compulsory participation. Social benefits are regarded as public when general government (that is central, state, and local governments, including social security funds) controls relevant financial flows. The expenditures shown here refer only to public social benefits and exclude similar benefits provided by private charities. 306 Organization for Economic Co-Operation and Development, Factbook 2009: Economic, Environmental and Social Statistics (Paris, France: Organization for Economic Co-Operation and Development, 2009) http://dx.doi. org/10.1787/544036521217 307 One in 31: The Long Reach of American Corrections (Washington, D.C.: Pew Center on the States, 2009). 308 Don Stemen, Reconsidering Incarceration, 2007 309 Tapio Lappi-Seppälä, “Trust, Welfare, and Political Culture: Explaining Differences in National Penal Policies,” Crime and Justice 37 (2008) 310 Organization for Economic Co-Operation and Development Stat Extracts, Country Statistical Profiles Stat Extracts, 2010. January 7, 2011. http://stats.oecd.org/Index. aspx?DatasetCode=LMPEXP 311 Organisation for Economic Co-Operation and Development Stat Extracts, Country Statistical Profiles Stat Extracts, 2010. http://stats.oecd.org/viewhtml.aspx?queryname=18148& querytype=view&lang=en 312 Organization for Economic Co-Operation and Development, Factbook 2009: Economic, Environmental and Social Statistics (Paris, France: Organization for Economic Co-Operation and Development, 2009) http://dx.doi. org/10.1787/544701673235 313 Rodrigo R. Soares, “Development, crime and punishment,” February 2004. 314 Tapio Lappi-Seppälä, Global Trends and Local Exceptions, 2009. 315 Sarah Lyons and Nastassia Walsh, Money Well Spent: How positive social investments will reduce incarceration rates, improve public safety, and promote the well-being of communities (Washington, DC: Justice Policy Institute, 2010). 316 William J. Sabol and others, Prisoners in 2008, 2009.; U.S. Census, “American Community Survey Factfinder: 20062008,” January 24, 2010. 317 Ta-Nehisi Coates, “Hoodlums,” The Atlantic December 7, 2010. www.theatlantic.com/national/archive/2010/12/ hoodlums/67599/ 318 Australian Bureau of Statistics, Prisoners in Australia – 2006 (Canberra, Australia: Australian Bureau of Statistics, 2006). www.ausstats.abs.gov.au/ausstats/subscriber.nsf/0/21A 1C193CFD3E93CCA257243001B6036/$File/45170_2006.pdf 319 Australian Bureau of Statistics, “Experimental Estimates of Aboriginal and Torres Strait Islander Australians, June 2006,” November 18, 2010. www.abs.gov.au/ausstats/abs@. nsf/Latestproducts/3238.0.55.001Main%20Features1Jun%2020 06?opendocument&tabname=Summary&prodno=3238.0.55.00 1&issue=Jun%202006&num=&view=# 320 Laura Landry and Maire Sinha, Adult Correctional Services in Canada, 2005/2006 (Ontario, Canada: Statistics Canada, Canadian Centre for Justice Statistics, 2008). www.statcan. gc.ca/pub/85-002-x/85-002-x2008006-eng.pdf 321 Council of Europe, Annual Penal Statistics – SPACE I – 2006 (Strasbourg, France: Council of Europe, 2009), www. coe.int/t/e/legal_affairs/legal_co-operation/prisons_and_alternatives/statistics_space_i/PC-CP(2010)07_E%20SPACE%20 Report%20I.pdf 322 Organization for Economic Co-Operation and Development Stat Extracts, Country Statistical Profiles Stat Extracts, 2010. http://stats.oecd.org/viewhtml.aspx?queryname=18148& querytype=view&lang=en 323 Council of Europe, Annual Penal Statistics – SPACE I – 2006 (Strasbourg, France: Council of Europe, 2009), www. coe.int/t/e/legal_affairs/legal_co-operation/prisons_and_alternatives/statistics_space_i/PC-CP(2010)07_E%20SPACE%20 Report%20I.pdf 324 Organization for Economic Co-Operation and Development Stat Extracts, Country Statistical Profiles Stat Extracts, 2010. http://stats.oecd.org/viewhtml.aspx?queryname=18148& querytype=view&lang=en 325 Moosa-Mitha Mehmoona, “Situating anti-oppressive theories within critical and difference-centered perspectives,” In L. Brown and S. Strega (Eds.) Research and Resistance (Toronto, Canada: Canadian Scholars’ Press, 2005). 326 Loïc Wacquant, “Deadly symbiosis: When ghetto and prison meet and mesh.” Punishment &Society 3 (1), 2001:94134. 327 Sarah Lyons and Nastassia Walsh, Money Well Spent, 2010. 328 U.S. Department of Justice, “How to Use Structured Fines,” 1996. 329 Roy Walmsley, World Pretrial / Remand Imprisonment List (Pretrial detainees and other remand prisoners in all five continents) (London, United Kingdom: International Centre for Prison Studies, 2008). www.kcl.ac.uk/depsta/law/research/ icps/downloads/WPTRIL.pdf 79 80 justice polic y institute Acknowledgements Finding Direction This report would not have been possible without the generous support of the Open Society Institute through its Seize the Day Fund, as well as the support of the Public Welfare Foundation. The Justice Policy Institute would like to express gratitude to Tappio Lappi-Seppälä, Loïc Wacquant, Michael Tonry, Rob Allen, Will McMahon, Jasmine Tyler, and Terrance Pitts for their valuable insight and review of the report. JPI would also like to thank Lara Kinne, Zachary Levy, and Matthew Scalf for their assistance gathering data and research and Paul Ashton, and Emily Sydnor for their significant contributions to the report. JPI staff includes Paul Ashton, Jason Fenster, Zerline Hughes, Amanda Petteruti, Kellie Shaw, Tracy Velázquez, Keith Wallington, and Nastassia Walsh. Special Acknowledgement JPI is indebted to Professor Doris MacKenzie and Douglas B. Weiss, whose work provided the academic foundation and inspiration for this report. JPI used the framework from their article, “A Global Perspective on Incarceration: How an International Focus Can Help the United States Reconsider Its Incarceration Rates,” which appeared in Victims & Offenders in June 2010, to select the nations considered and conduct analyses of index offenses, education and social spending, unemployment rates, income disparity levels, and types of sentencing. JPI would also like to thank Gene Guerrero of the Open Society Foundations Policy Center for providing the original impetus for the project. 3 justice policy institute ABOUT THE AUTHORS Amanda Petteruti, Associate Director Amanda Petteruti is a researcher and policy analyst at the Justice Policy Institute. Early in her career, she organized a writing program for youth at the National Campaign to Stop Violence and provided general support to the National Juvenile Defender Center. Prior to joining the staff of the Justice Policy Institute, she conducted research on issues pertaining to urban education at the Council of the Great City Schools. Petteruti has earned a Master of Arts in education policy and leadership from the University of Maryland College Park and a Bachelor of Arts in sociology from Bates College. Petteruti has contributed to several JPI reports related to education policy and co-authored The Vortex: The Concentrated Racial Impact of Drug Imprisonment and the Characteristics of Punitive Counties and JPI’s Public Safety Policy Brief series. Jason Fenster, Communications Associate Before joining the JPI team, Jason served in a year-long fellowship as an Eisendrath Legislative Assistant at the Religious Action Center of Reform Judaism (RAC). There, he worked with civil rights and interfaith coalitions to develop campaigns and advocacy strategies surrounding issues of criminal justice, civil rights, gun control, and voting rights. He graduated from Brandeis University with a Bachelor of Arts in Politics and a minor in Legal Studies. Reducing the use of incarceration and the justice system and promoting policies that improve the well‐being of all people and communities. 1012 14th Street, NW, Suite 400 Washington, DC 20005 TEL (202) 558-7974 FAX (202) 558-7978 WWW.JUSTICEPOLICY.ORG