Article

How Little Supervision Can We Have?

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Abstract

Use of probation and parole has declined since its peak in 2007 but still intrudes into the lives of 3.9 million Americans at a scale deemed mass supervision. Originally intended as an alternative to incarceration and a means of rehabilitation for those who have committed crimes, supervision often functions as a trip wire for further criminal legal system contact. This review questions the utility of supervision, as research shows that, in toto, it currently provides neither diversion from incarceration nor rehabilitation. Analysis of national supervision, crime, and carceral data since 1980 reveals that supervision has little effect on future crime and is not a replacement for incarceration. Case studies from California and New York City indicate that concerted efforts to reduce the scope of mass supervision can effectively be achieved through sentencing reform, case diversion, and supervisory/legal system department policy change, among other factors, without increasing crime. Therefore, we suggest extensive downsizing of supervision or experimentation with its abolition and offer actionable steps to enact each possibility. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

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... To our knowledge, this is the first study exploring the CHS role within community supervision. With the national call for fundamentally reforming probation (Lopoo et al., 2023), our findings support a continued effort to consider the many responsibilities placed upon probation officers. They are asked to be a blend of both law enforcement and social services; to be both a referee and a coach (Lovins et al., 2018). ...
Article
A randomized controlled trial was conducted to assess the experiences of women probationers engaged in gender-responsive supervision with community health supports versus 'gender-responsive supervision as usual.' Treatment group participants engaged in a new supervision model in a large metropolitan county in a Western state which was created to improve their specific responsivity needs and public health supports. The Women's Reentry Assessment, Programming, and Services (WRAPS) model included enhanced wraparound, gender-responsive, and trauma-informed supervision that incorporated Community Health Specialists (CHSs) working alongside probation officers. Although the WRAPS intervention did not reduce recidivism relative to the control group, there is evidence that gender-responsive probation supervision does reduce recidivism overall when compared to baseline. Findings from interview data indicate strong support for gender-responsive probation in general and the WRAPS model in particular. Clients and staff viewed the CHS role as highly impactful in addressing women's specific responsivity needs and supporting women's success. Recommendations surrounding gender-responsive probation and integration of public health staff are discussed.
... More importantly, recent reviews of contemporary supervision question its overall effectiveness and highlight that the "less is more" philosophy may be misguided given the current state of empirical evidence (Doleac & LaForest, 2022;Lopoo et al., 2023). As shown here, it is clear that there is limited empirical evidence in support of SCF/HOPE, and for the field of supervision more generally (Mackey et al., 2022). ...
Article
Research Summary Originated nearly two decades ago in Hawaii by Judge Steven Alm, a community supervision‐court model known as “Project HOPE” proposed to reduce probation failure by responding to violations with immediate but short jail terms. Despite negative evidence from Lattimore and colleagues’ 2016 Demonstration Field Experiment (DFE) across four locations, advocates continued to trumpet programs based on Project HOPE's core principles of swift, certain, and fair (SCF) sanctions, arguing that these deterrence‐oriented interventions—now known under the acronym SCF programs–reduce recidivism. To assess this claim, a meta‐analysis was conducted of 18 studies reporting on 24 separate evaluations of programs falling under the Project HOPE/SCF umbrella. The analysis revealed that the intervention had a statistically significant but substantively small impact on recidivism (the main overall effect = −.058). Moderator analyses revealed weak to null findings across variations in methodological and HOPE/SCF program characteristics. Policy Implications At present, evaluation evidence is weak and not robust enough to support the continued government funding and implementation of SCF programs in their current form on grounds of recidivism reduction. Such deterrence‐oriented programs may be based on a flawed theory of recidivism that fails to identify criminogenic risk factors for change. SCF programs might prove more effective if integrated with treatment modalities, though this remains to be demonstrated. More broadly, a range of community supervision approaches now exist that emphasize building relationships with individuals under supervision and guiding their prosocial development. These alternatives might offer a more promising avenue for reform than current programs based on SCF principles.
Article
This discussion piece emerged out of a conversation about the words we use to describe people who are engaged in and by the criminal justice system. It is underpinned by our belief that language, including the ways we describe people, has important effects in the world. The piece consists of two parts: a brief critical introduction, and a creative dialogue which reflects upon ten key words that have been used to describe people on probation.
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This article reviews the current trends and impact of mass incarceration on communities of color, with a focus on criminal justice policy and practice contributors to racial disparity. The impact of these disproportionate incarceration rates on public safety, offenders, and communities are discussed. Recommendations for criminal justice and other policy reforms to reduce unwarranted racial disparities are offered.
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After four decades of steady growth, U.S. states' prison populations finally appear to be declining, driven by a range of sentencing and policy reforms. One of the most popular reform suggestions is to expand probation supervision in lieu of incarceration. However, the classic socio-legal literature suggests that expansions of probation instead widen the net of penal control and lead to higher incarceration rates. This article reconsiders probation in the era of mass incarceration, providing the first comprehensive evaluation of the role of probation in the build-up of the criminal justice system. The results suggest that probation was not the primary driver of mass incarceration in most states, nor is it likely to be a simple panacea to mass incarceration. Rather, probation serves both capacities, acting as an alternative and as a net-widener, to varying degrees across time and place. Moving beyond the question of diversion versus net widening, this article presents a new theoretical model of the probation-prison link that examines the mechanisms underlying this dynamic. Using regression models and case studies, I analyze how states can modify the relationship between probation and imprisonment by changing sentencing outcomes and the practices of probation supervision. When combined with other key efforts, reforms to probation can be part of the movement to reverse mass incarceration.
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Community supervision, whether in the form of probation or post-release supervision, is ordinarily framed as an alternative to incarceration. For this reason, legal reformers intent on reducing America's disproportionately high incarceration rates often urge lawmakers to expand the use of community supervision, confident that diverting offenders to the community will significantly reduce over-reliance on incarceration. Yet, on any given day, a significant percentage of new prisoners arrive at the prison gates not as a result of sentencing for a new crime, but because they have been revoked from probation or parole. It is therefore fair to say that in many cases community supervision is not an alternative to imprisonment, but only a delayed form of it. This Article examines the reasons why community supervision so often fails, and challenges popular assumptions about the role community supervision should play in efforts to reduce over-reliance on imprisonment. While probation and post-release supervision serve important purposes in many cases, they are often imposed on the wrong people, and executed in ways that predictably lead to revocation. To decrease the overuse of imprisonment, sentencing and correctional practices should therefore limit, rather than expand, the use of community supervision in three important ways. First, terms of community supervision should be imposed in fewer cases, with alternatives ranging from fines to unconditional discharge to short jail terms imposed instead. Second, conditions of probation and post-release supervision should be imposed sparingly, and only when they directly correspond to a risk of re-offense. Finally, terms of community supervision should be limited in duration, extending only long enough to facilitate a period of structured re-integration after sentencing or following a term of incarceration.
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Palmer's critique of "What Works?" is a strong defense of what was best in the California tradition of "recidivism only" research; it is also a stubborn refusal to take the step forward from that kind of thinking to the era of "social planning" re search. The primary reason for the impact of "What Works?" is the extraordinary gap between the claims of success made by proponents of various treatments and the reality revealed by good research. Palmer bases his critique on grounds of research methods. In doing so, he makes an interpretation error by construing as "studies" the "efforts" Martinson mentions in his conclusion. In fact, "effort" represents an independent variable category; this use of the term does not justify Palmer's statement that Martinson inaccurately described individual studies, whose results had been favorable or partially favorable, as being few and isolated exceptions. The table in which Palmer tabulates 48 per cent of the research studies as having at least partially positive results is meaningless; it includes findings from studies of "interventions" as dissimilar as probation placement and castration. Palmer does not understand the difficulties of summarizing a body of research findings. The problem lies in drawing together often conflicting findings from individual studies which differ in the degree of reliance that can be placed on their conclusions. It is essential to weigh the evi dence and not merely count the studies. The real conclusion of "What Works?" is that the addition of isolated treatment elements to a system in which a given flow of offenders has generated a gross rate of recidivism has very little effect in changing this rate of recidivism. To continue the search for treatment that will reduce the recidivism rate of the "middle base expectancy" group or that will show differential effects for that group is to become trapped in a dead end. The essence of the new "social plan ning" epoch is a change in the dependent variable from recidivism to the crime rate (combined with cost). The public does not care whether a program will demonstrate that the experimental group shows a lower recidivism rate than a con trol group; rather, it wants to know whether the program re duced the overall crime rate. To ask "which methods work best for which types of offenders and under what conditions or in what types of settings" is to impose the narrowest of questions on the search for knowledge. The economists, too, do not live in Palmer's world of "types" of offenders. To them, recidivism is an aspect o f occupational choice strength ened by the atrophy of skills and opportunity for legitimate work that occurs during a stay in prison. The aim of future research will be to create the knowledge needed to reduce crime. It must combine the analytical skills of the economist, the jurisprudence of the lawyer, the sociol ogy of the life span, and the analysis of systems. Traditional "evaluation" will play a modest but declining role.
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Criminal justice reformers often speak of their concern with the widening net of the criminal justice system, but they demonstrate little understanding of this phenomenon. Despite considerable reform activity during the past two decades, the reach of the justice system has remained unchanged or even has been extended. This paper examines the dialectics of reform movements and their intended or unintended consequences in widening, strengthening, or creating different nets of social control. Six major reform movements (diversion, decarceration, due process, decriminalization, deterrence, and just deserts) are reviewed to illustrate how organizational dynamics function to resist, distort, and frustrate the reform's original purposes. The authors also argue that potential reformers cannot ignore the surrounding social, political, economic, and ideological context. Reformers must recog nize that legal, programmatic, and administrative reforms are themselves circum scribed by political and economic forces. Future efforts at change must include detailed analyses of the larger political-economic structure and its interconnections with the social control apparatus if more substantive results are to be realized. 1. It is ironic that, on the issue of criminal justice, conservatives and liberals exchange their traditional positions with regard to fiscal policy. Conservatives advocate increasing state expenditures for police, courts, and prisons, while liberal reformers are likely to espouse the opposite position. 2. LEAA officials note that these figures are conservative estimates because of incomplete and inaccurate records of state LEAA grants. In addition, these figures do not include Department of Labor, National Institute of Drug Abuse, and Health, Education and Welfare grants awarded to promote diversion. 3. As used here, delinquent describes youths who commit acts that would be criminal if committed by adults. 4. Since numerous crimes are committed by staff and inmates within prison settings, crime is displaced by imprisonment but not prevented. 5. It did "materialize" for 1,132 offenders, who were sentenced to indeterminate "lifetime" prison terms between 1974 and 1975. It also materialized for New York's citizens, who paid a cost conservatively estimated as $55 million to implement the new law (Bar Association, 1976). 6. An important exception is Ehrlich (1975). However, his study has been criticized (as have Sellin's, Passell's, and others') for failing to control for relevant confounding variables. 7. Another reform similar to determinate sentencing is the development of parole guidelines. Each shares the common goal of reducing the discretionary power of judges and correctional officers. 8. Other factors that have contributed to prison overcrowding include increased arrest rates, worsening economic situation, demographic population shifts, and a more conservative political climate. Since almost all fifty state correctional systems are overcrowded, determinate sentencing cannot be considered the causal variable. 9. Sumner's position is revealed clearly in his essay, "The Absurd Effort to Make the World Over" (1894). 10. See Stanley Cohen (1979) for an illustration of how criminal justice reforms contribute to the nightmare of unfettered state control.
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Recent correctional reforms have ameliorated the deprivations of prison and indirectly have caused states to toughen probation because many offenders must be diverted from incarceration to meet court-defined limits on prison crowding. These changes raise the possibility that offenders increasingly may view prison as easier or less punitive than probation. Using interview data from newly incarcerated Texas offenders, this analysis examines the extent to which offenders prefer incarceration when presented with choices between paired prison and probation sentences. Though a number of demographic and experiential variables are examined, multivariate analysis reveals that being African-American is the strongest predictor of a preference for prison. Implications of these results are discussed.
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This report presents the final results of the evaluation of the Center for Employment Opportunities (CEO). CEO is one of four sites in the Enhanced Services for the Hard-to-Employ Demonstration and Evaluation Project, sponsored by the Administration for Children and Families and the Office of the Assistant Secretary for Planning and Evaluation in the U.S. Department of Health and Human Services (HHS), with additional funding from the U.S. Department of Labor. MDRC, a nonprofit, nonpartisan social and education policy research organization, is leading the evaluation, in collaboration with the Urban Institute and other partners.Based in New York City, CEO is a comprehensive employment program for former prisoners — a population confronting many obstacles to finding and maintaining work. CEO provides temporary, paid jobs and other services in an effort to improve participants’ labor market prospects and reduce the odds that they will return to prison. The study uses a rigorous random assignment design: it compares outcomes for individuals assigned to the program group, who were given access to CEO’s jobs and other services, with the outcomes for those assigned to the control group, who were offered basic job search assistance at CEO along with other services in the community.The three-year evaluation found that CEO substantially increased employment early in the follow-up period but that the effects faded over time. The initial increase in employment was due to the temporary jobs provided by the program. After the first year, employment and earnings were similar for both the program group and the control group.CEO significantly reduced recidivism, with the most promising impacts occurring among a subgroup of former prisoners who enrolled shortly after release from prison (the group that the program was designed to serve). Among the subgroup that enrolled within three months after release, program group members were less likely than their control group counterparts to be arrested, convicted of a new crime, and reincarcerated. The program’s impacts on these outcomes represent reductions in recidivism of 16 percent to 22 percent. In general, CEO’s impacts were stronger for those who were more disadvantaged or at higher risk of recidivism when they enrolled in the study.The evaluation includes a benefit-cost analysis, which shows that CEO’s financial benefits outweighed its costs under a wide range of assumptions. Financial benefits exceeded the costs for taxpayers, victims, and participants. The majority of CEO’s benefits were the result of reduced criminal justice system expenditures.
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