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Confronting Underground Justice

2018-10-29 Law
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Release : 2018-10-29
Genre : Law
Kind : eBook
Book Rating : 493/5 ( reviews)

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Book Synopsis Confronting Underground Justice by : William R. Kelly

Download or read book Confronting Underground Justice written by William R. Kelly. This book was released on 2018-10-29. Available in PDF, EPUB and Kindle. Book excerpt: Plea negotiation is rife with due process concerns, including a heightened risk of coerced pleas, ignoring mens rea, serious questions about assistance of counsel, limited discovery and little litigation of the evidence, the conviction of innocent defendants and significant questions about fairness and equity. Plea negotiation is also the fast track to criminal conviction, tough punishment, and mass incarceration. From the perspective of public policy, plea negotiation perpetuates a harm based, retribution focused system of crime and punishment. Because of the failures of public health, the justice system has become a dumping ground for hundreds of thousands of mentally ill, substance addicted and abusing, and neurocognitively impaired offenders. And because of a tough on crime mentality and lack of information and options, the justice system routinely prosecutes and punishes these offenders. The evidence is quite clear that punishment does nothing to improve these circumstances and often exacerbates them. The result, as one would predict, is extraordinarily high rates of reoffending, propelling the revolving door of the justice system. Confronting Underground Justice takes a close look at plea negotiation, criminal prosecution, public defense, and pretrial justice systems and identifies a wide variety of problems and concerns with each. William R. Kelly and Robert Pitman provide key decision makers with the tools to make better, more informed decisions regarding pre-trial detention, prosecution and plea deals, criminal defense, and diversion to treatment. Critical to this effort is redefining roles, responsibilities and the culture of criminal justice by prosecutors, judges and defense counsel accepting responsibility for reducing recidivism and embracing problem solving as a primary decision making strategy. Kelly and Pitman combine decades of academic research and policy expertise, with real world experience in the court system, as a judge and prosecutor to develop innovative and comprehensive reform. Confronting Underground Justice provides a prescriptive roadmap for how to fundamentally reinvent plea negotiation, pre-trial decision making, criminal prosecution and public defense to effectively reduce recidivism and save money.

The Crisis in America's Criminal Courts

2021-08-15 Law
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Release : 2021-08-15
Genre : Law
Kind : eBook
Book Rating : 171/5 ( reviews)

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Book Synopsis The Crisis in America's Criminal Courts by : William R. Kelly

Download or read book The Crisis in America's Criminal Courts written by William R. Kelly. This book was released on 2021-08-15. Available in PDF, EPUB and Kindle. Book excerpt: The Crisis in America’s Criminal Courts highlights a variety of problems that judges, prosecutors, and public defenders face within a criminal justice system that is ineffective, unfair, and extraordinarily expensive. While many argue, and author, William R. Kelly, agrees, that crushing caseloads and court dockets certainly qualify as a crisis, Kelly suggests there is a much greater crisis in the courts that results in profound downstream effects on criminal justice performance and outcomes. It sounds simple, but the greatest risk faced by the justice system is the lack of time, expertise, and resources for effective decision-making. In this book, Kelly proposes a variety of evidence-based reforms that, as a start, provide the key decision-makers with professional clinical experts to accurately assess and advice regarding mitigating the circumstances that bring individuals into the courts. We must rebalance. We need incarceration for those who are too dangerous or violent or who are habitual offenders. For most of the rest, we need to manage risk, but very importantly, it is time to get serious about behavioral change. We need to change the culture of the courthouse and reorient how we think about crime and punishment.

Criminal Justice at the Crossroads

2015-05-05 Social Science
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Release : 2015-05-05
Genre : Social Science
Kind : eBook
Book Rating : 223/5 ( reviews)

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Book Synopsis Criminal Justice at the Crossroads by : William R. Kelly

Download or read book Criminal Justice at the Crossroads written by William R. Kelly. This book was released on 2015-05-05. Available in PDF, EPUB and Kindle. Book excerpt: Over the past forty years, the criminal justice system in the United States has engaged in a very expensive policy failure, attempting to punish its way to public safety, with dismal results. So-called "tough on crime" policies have not only failed to effectively reduce crime, recidivism, and victimization but also created an incredibly inefficient system that routinely fails the public, taxpayers, crime victims, criminal offenders, their families, and their communities. Strategies that focus on behavior change are much more productive and cost effective for reducing crime than punishment, and in this book, William R. Kelly discusses the policy, process, and funding innovations and priorities that the United States needs to effectively reduce crime, recidivism, victimization, and cost. He recommends proactive, evidence-based interventions to address criminogenic behavior; collaborative decision making from a variety of professions and disciplines; and a focus on innovative alternatives to incarceration, such as problem-solving courts and probation. Students, professionals, and policy makers alike will find in this comprehensive text a bracing discussion of how our criminal justice system became broken and the best strategies by which to fix it.

From Retribution to Public Safety

2017-05-25 Law
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Release : 2017-05-25
Genre : Law
Kind : eBook
Book Rating : 895/5 ( reviews)

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Book Synopsis From Retribution to Public Safety by : William R. Kelly

Download or read book From Retribution to Public Safety written by William R. Kelly. This book was released on 2017-05-25. Available in PDF, EPUB and Kindle. Book excerpt: Over the past fifty years, American criminal justice policy has had a nearly singular focus – the relentless pursuit of punishment. Punishment is intuitive, proactive, logical, and simple. But the problem is that despite all of the appeal, logic, and common sense, punishment doesn't work. The majority of crimes committed in the United States are by people who have been through the criminal justice system before, many on multiple occasions. There are two issues that are the primary focus of this book. The first is developing a better approach than simple punishment to actually address crime-related circumstances, deficits and disorders, in order to change offender behavior, reduce recidivism, victimization and cost. And the second issue is how do we do a better job of determining who should be diverted and who should be criminally prosecuted. From Retribution to Public Safety develops a strategy for informed decision making regarding criminal prosecution and diversion. The authors develop procedures for panels of clinical experts to provide prosecutors with recommendations about diversion and intervention. This requires a substantial shift in criminal procedure as well as major reform to the public health system, both of which are discussed in detail. Rather than ask how much punishment is necessary the authors look at how we can best reduce recidivism. In doing so they develop a roadmap to fix a fundamentally flawed system that is wasting massive amounts of public resources to not reducing crime or recidivism.

The Future of Crime and Punishment

2019-05-20 Political Science
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Release : 2019-05-20
Genre : Political Science
Kind : eBook
Book Rating : 434/5 ( reviews)

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Book Synopsis The Future of Crime and Punishment by : William R. Kelly

Download or read book The Future of Crime and Punishment written by William R. Kelly. This book was released on 2019-05-20. Available in PDF, EPUB and Kindle. Book excerpt: Today, we know that crime is often not just a matter of making bad decisions. Rather, there are a variety of factors that are implicated in much criminal offending, some fairly obvious like poverty, mental illness, and drug abuse and others less so, such as neurocognitive problems. Today, we have the tools for effective criminal behavioral change, but this cannot be an excuse for criminal offending. In The Future of Crime and Punishment, William R. Kelly identifies the need to educate the public on how these tools can be used to most effectively and cost efficiently reduce crime, recidivism, victimization and cost. Since the first publication of The Future of Crime and Punishment in 2015 there have been some significant changes in American criminal justice. While some efforts are moving in the right direction they are still nowhere close to meaningful criminal justice reform that focuses on large scale diversion and appropriate, expert treatment and rehabilitation of the majority of offenders. In this updated paperback edition, Kelly provides readers with updated crime, recidivism and the cost of crime statistics; notes the recent trends such as the modest reduction in incarceration; and discusses the impacts of the election of Trump, including his “law and order” stance as a candidate, his blurring of crime and immigration, the Justice Department’s renewed war on drugs and the opioid crisis by emphasizing a criminal justice response to a public health problem. The justice system of the future needs to be much more collaborative, utilizing the expertise of a variety of disciplines such as psychology, psychiatry, addiction, and neuroscience. The path forward is one characterized largely by change from traditional criminal prosecution and punishment to venues that balance accountability, compliance, and risk management with behavioral change interventions that address the primary underlying causes for recidivism. Moreover, it requires a radical shift in how we think about crime and punishment. Our thinking needs to reflect a perspective that crime is harmful, but that much criminal behavior is changeable.

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