Going Forward: Challenges to and Opportunities for

Criminal Justice Reform

Copyright © 2015 by Nelson Education Ltd. 1

Evidence-Based Legislation,
Policies, and Programs
 Lack of access to well-developed body of empirical
knowledge to inform legislative or policy decisions
 Most initiatives are not evidence-based
 Follow business model where research is strongly
related to innovative practice

Copyright © 2015 by Nelson Education Ltd. 2

 Challenges to Developing
Evidence-Based Practices
Challenge
Policymakers’ resistance to
new strategies
Concerns about cost
Public desire for
retribution
Complacency among line
staff
Copyright © 2015 by Nelson Education Ltd.
Why the Challenge Exists How to Overcome the
Barrier
Responsive to public
opinion
New practices may have
higher start-up costs
Demands for punishment;
make some strategies
appear soft
Accustomed to old
practices and resistant
Awareness about the utility
of strategies
Cost-benefit analysis can
show net gains over
ineffective practices
Many strategies
experienced as punitive;
demonstrate punitiveness
to public
Leaders demonstrate how
strategies make work more
practical
3
 Challenges to Developing
Evidence- Based Practices
Challenge
Defining success
Lack of awareness about
evidence-based practices
Cooperating with
researchers
Fear of the unknown
Copyright © 2015 by Nelson Education Ltd.
Why the Challenge Exists How to Overcome the
Barrier
Punishment as the
definition of success
Officials may not be aware
of effective strategies
Gap between researchers
and practitioners
New strategies seen as
untested and risky
Broadly define success
Share information
collaboratively
Develop partnerships with
research agencies or
universities and colleges
Pilot-test programs
4
 Professional
commitment to
evidence-based
strategies
Raises public Accused
confidence accorded rights

Reduces
Increases
arbitrary and
legitimacy of Accountability
abusive
actions
behaviour

Copyright © 2015 by Nelson Education Ltd. 5

 Proactive
Reactive
Problem-
Sanctioning
Levels of crime Solving
fluctuate Problem-solving
independently of courts and RJ
CJS efforts

CJS reacts to Address more

problems rather than criminal
than solve them behaviour

Problems defined
according to law
Symptom of
rather than how
deeper issues
they are
experienced

Copyright © 2015 by Nelson Education Ltd. 6

Reducing Marginality
 Many people in conflict with the law are marginalized
 Crime is a symptom of deeper social, economic, and
community disorder
 CJS does not address marginality (addiction, poverty,
homelessness, mental illness)
 Take an evidence-based approach and collect data
 Partner with other agencies, organizations, communities

Copyright © 2015 by Nelson Education Ltd. 7

Victim Needs
 Avoid victim blaming
 Address marginalization and revictimization of
crime victims
 Balance between victim rights and administration
of justice

Copyright © 2015 by Nelson Education Ltd. 8

Managing Technology
 Increasing use of technology for information gathering
and surveillance
 Update policies and reduce overreliance on technology
 Maintain human, helping relationships that are a core
component of successful CJ interventions

Copyright © 2015 by Nelson Education Ltd. 9

Ethics in Criminal Justice
In
In policing In the courts
corrections
Deception and Mandatory
Plea bargaining
confessions treatment

Staff ethics vs.

Biased policing Punishment
managerial directives

Inmate mothers and

Discretion Adversarial justice
children

Copyright © 2015 by Nelson Education Ltd. 10

Diversity
 Cultural diversity poses challenges to criminal law and
the justice system
 Few studies on how professionals manage when
confronted with diversity
 How do Crown, defence, judiciary, parole, and
probation officers handle cases involving minorities

Copyright © 2015 by Nelson Education Ltd. 11

Copyright © 2015 by Nelson Education Ltd. 12
Fiscal Crises of Governments
 Cutbacks in funding to CJS
 Smart on crime
 Fairness, accuracy, alternatives, prevention,
reintegration, evidence-based assessments
 Reduce overcriminalization
 Penalties that have no relation to the offence or
culpability and are overly excessive
 Restorative and problem-solving initiatives

Copyright © 2015 by Nelson Education Ltd. 13

Expanding Effective Criminal
Justice Interventions
 Recognize and document effective interventions
 Specialized courts
 Risk, need, responsivity principles
 Community engagement and involvement
 Collect and report helpful errors
 Compile “lessons learned”

Copyright © 2015 by Nelson Education Ltd. 14

Mobilizing the Community
 Untapped reservoir of community support
 If nurtured, can play a significant role in CJS
 Successful initiatives, such as Circles of Support and
Accountability, subject to funding cuts despite
evidence for success
 Political agenda outweighs evidence-based programs

Copyright © 2015 by Nelson Education Ltd. 15

Summary
 The CJS is beset by several challenges to protecting the
community, meeting the needs of victims, and
responding effectively to criminal offenders
 Several evidence-based strategies show significant
promise, and there are several opportunities to
implement smart-on-crime strategies
 Several obstacles to the adoption of evidence-based
practices in the CJS

Copyright © 2015 by Nelson Education Ltd. 16