Reforming Community Penalties

This book sets out to explore the role of community penalties in sentencing, arguing that the absence of a strong intellectual framework or underpinning has hampered their development in policy and practice. The research undertaken for this book involved asking people with a particular stake in criminal justice what the point of punishment was and what the courts were trying to achieve in sentencing offenders. It identifies the role of communication as crucial, and looks at ways in which 'communication' can be used to make punishment more constructive, exploring the role of restorative processes and considering the implications of the custody-community provisions in the Criminal Justice Act 2003. Reforming Community Penalties is a major contribution to penological theory and thinking about sentencing and role in criminal justice, and will be essential reading for all with a practitioner or academic interest in this subject. Its findings are likely to play a key role in aiding the development and practice of community penalties, and enabling them to command greater support, and to become a genuine alternative to the increasing use of custody in sentencing and punishment.

In this book a group of leading authorities in the field address the key issues surrounding the future of sentencing in Britain, in the light particularly of the highly influential Halliday Report. These proposals for reform amount to the single most ambitious and comprehensive set of proposals for reconstituting the sentencing system of a common-law country, and include proposals to replace existing sentencing statutes, the establishment of a sentencing commission and sentencing guidelines, and the creation of a sentence review function in the judiciary. As well as addressing the major issues of the Halliday Report the chapters in this book go beyond this to explore the broader set of policy problems and implications which are raised, drawing upon experiences of reform in other jurisdictions and contexts, particularly that of the USA. This book will be essential reading for anybody with an interest in the future of sentencing or the future direction of the criminal justice system as a whole.

In the 2010 green paper, Breaking the cycle (Cm. 7972, ISBN 9780101797221), the Government set out plans for overhauling the way sentences served in the community are used, to increase the public's confidence in them and to tackle the continuing problem of reoffending. This consultation explores in more detail how that can be achieved and sets out proposals for radical reforms to the way in which sentences served in the community operate. Victims and society have a right to expect that wrongdoing results in punishment, and that they will be protected from further reoffending. Ultimately the goal must be to reduce crime and see fewer victims. Community orders need to be demanding and rigorously enforced so that they are as punitive and effective as a custodial sentence. The Government is clear that short prison sentences have their place, and this consultation does not seek to replace them with community sentences. But where an offender is on the cusp of custody, sentencers should have a genuine choice. Views are sought here on how that can be done through a tough package of requirements. A Consultation on effective probation services is publishing simultaneously (Cm. 8333, ISBN 9780101833325)

In this book a group of leading authorities in the field address the key issues surrounding the future of sentencing in Britain, in the light particularly of the highly influential Halliday Report. These proposals for reform amount to the single most ambitious and comprehensive set of proposals for reconstituting the sentencing system of a common-law country, and include proposals to replace existing sentencing statutes, the establishment of a sentencing commission and sentencing guidelines, and the creation of a sentence review function in the judiciary. As well as addressing the major issues of the Halliday Report the chapters in this book go beyond this to explore the broader set of policy problems and implications which are raised, drawing upon experiences of reform in other jurisdictions and contexts, particularly that of the USA. This book will be essential reading for anybody with an interest in the future of sentencing or the future direction of the criminal justice system as a whole.

'Reforming and Revitalising' is the report of the review of community penalties conducted by the Scottish Government. The report provides a summary of the issues raised by respondents during the review process as well as outlining the Government's action plan for community penalties which will ensure that high-quality effective penalties are available for use by the courts in all appropriate cases.

With a new afterword from the authors, the critically praised indictment of widely embraced “alternatives to incarceration” Electronic monitoring. Locked-down drug treatment centers. House arrest. Mandated psychiatric treatment. Data driven surveillance. Extended probation. These are some of the key alternatives held up as cost effective substitutes for jails and prisons. But in a searing, “cogent critique” (Library Journal), Maya Schenwar and Victoria Law reveal that many of these so-called reforms actually weave in new strands of punishment and control, bringing new populations who would not otherwise have been subject to imprisonment under physical control by the state. Whether readers are seasoned abolitionists or are newly interested in sensible alternatives to retrograde policing and criminal justice policies and approaches, this highly praised book offers “a wealth of critical insights” that will help readers “tread carefully through the dizzying terrain of a world turned upside down” and “make sense of what should take the place of mass incarceration” (The Brooklyn Rail). With a foreword by Michelle Alexander, Prison by Any Other Name exposes how a kinder narrative of reform is effectively obscuring an agenda of social control, challenging us to question the ways we replicate the status quo when pursuing change, and offering a bolder vision for truly alternative justice practices.

Despite 15 years of reform efforts, the incarceration rate in the United States remains unprecedentedly high. This book provides the first comprehensive survey of these reforms and explains why they have proven to be ineffective. After many decades of stability, the imprisonment rate in the United States quintupled between 1973 and 2003. Since then, nearly all states have adopted multiple reforms intended to reduce imprisonment, but the U.S. imprisonment rate has only decreased by a paltry 2 percent. Why have American sentencing reforms since 2000 been largely ineffective? Are tough mandatory minimum sentences for nonviolent drug offenders the primary reason our prisons are always full? This book offers a fascinating assessment of the wave of sentencing reforms adopted by dozens of states as well as changes at the federal level since 2000, identifying common themes among seemingly disparate changes in sentencing policy and highlighting recent reform efforts that have been more successful and may point the way forward for the nation as a whole. In The Failed Promise of Sentencing Reform, Michael O'Hear exposes the myths that American prison sentencing reforms enacted in the 21st century have failed to have the expected effect because U.S. prisons are filled to capacity with nonviolent drug offenders as a result of the "war on drugs" or because of new laws that took away the discretion of judges and corrections officials. O'Hear then makes a convincing case for the real reasons sentencing reforms have come up short: because they exclude violent and sexual offenders, and because they rely on the discretion of officials who still have every incentive to be highly risk-averse. He also highlights how overlooking the well-being of offenders and their families in our consideration of sentencing reform has undermined efforts to effect real change.

Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.