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January 5, 2022

“A Family-Centered Approach to Criminal Justice Reform.”

The title of this post is the title of this interesting new report authored by Christopher Bates, a legal fellow at the Orrin G. Hatch Foundation.  This 100+-page report is styled a "Hatch Center Policy Review," and here is part of its introduction:

Conversations about criminal justice typically center around two groups of individuals: individuals who are convicted of crimes, and individuals who are victims of crime.  The former receive perhaps the lion’s share of attention, as policymakers and commentators debate what consequences they should face, how such consequences should be meted out, what procedural protections should apply, and what can be done to reduce the likelihood that an individual will offend or reoffend. As to victims of crime, discussions may focus on the individual level — how to ensure justice is done in particular cases — or on a broader level—what can be done to reduce crime and improve public safety.

There is another group, however, that can and must be part of the conversation — the family members of convicted individuals.  These include spouses and intimate partners, parents and siblings, and, perhaps most importantly, children....

For decades, researchers have documented the deleterious effects that incarceration and criminal involvement have on the families of individuals who engage in criminal activity. They have also recorded the ways in which strong family ties benefit communities and reduce recidivism. Taking into account both sides of this equation—the impacts on, and the impacts of, family members — is essential to designing effective criminal justice policy.

This paper seeks to do just that — to suggest an approach to criminal justice policy that builds on the decades of research regarding the interrelationship between family ties, incarceration, and criminal behavior....

This paper proceeds in five parts.  Part I surveys the research on family relationships, incarceration, and recidivism, with a focus on how incarceration impacts family members and children and how family relationships affect recidivism.  It also discusses the research on prison visitation and recidivism and how maintaining stronger family ties during incarceration can lead to better reentry outcomes.  Part II turns to the topic of prison policy and how this research can inform decisions about inmate placement, visitation, and contact with family members.  Part III considers the issue of reentry and how policymakers can design laws and programs that aid, rather than impede, the ability of formerly incarcerated individuals to find employment, housing, and other necessities so they can provide for their families and avoid cycles of recidivism and reincarceration.  Part IV turns to punishment and asks what insights a family-centered approach to criminal justice reform can offer regarding sentencing practices and determining what conduct should be subject to criminal penalties in the first place.  It suggests that a principle called parsimony — which says policymakers should seek the least amount of criminal punishment necessary to accomplish a law’s legitimate ends — can fit well with a family-centered approach because it seeks to avoid inflicting more harm than is necessary on convicted individuals and their families.  Part V discusses police reform and offers suggestions for how the principles that can be drawn from the research described in this paper can inform discussions about improving police transparency, accountability, and officer-resident interactions.  A brief conclusion follows.

January 5, 2022 at 11:18 AM | Permalink

Comments

Many years ago, John Griffiths wrote a law review article eviscerating Herbert Packer and showing that Packer's two models, Crime Control and Due Process, were really variants of a single Battle Model: both saw criminal justice as a zero sum battle between an irreconcilable state and individual. He did this by describing an alternative Family Model, and pointing to a facsimile of it in early 20th Century juvenile court reform movement. We could move that way if we wanted to. We just can't automatically press it down on the existing Battle Model culture.

Defense attorney

Posted by: James Doyle | Jan 6, 2022 11:38:51 AM

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