Criminal Justice Reform Policy

Define the social issue including a brief summary of its scope, intensity, and magnitude (one organised paragraph with citations (data & statistics), 6-8 sentences) –

The United States criminal justice system remains one of the most racially and economically biased systems in the world. Most shockingly, the incarceration rates for Black Americans are five times higher than those of whites, which makes them one of the most oppressed groups of people in today’s America (Nellis, 2016). This disparity commences at the initial stages of justice delivery systems, whereby pretrial detention systematically affects minority groups. More than 600,000 persons who have not been convicted of any crime are held in local jails because they cannot afford to pay for their bail – a number that makes up 70% of the jail population in the United States (Rabuy & Kopf, 2016).
These disparities are further exacerbated by the discretion exercised by the prosecutors in determining the appropriate bail to be set. A study of 43 971 felony cases in New York showed that prosecutors set bail of about 20% higher for Black defendants than for White defendants accused of similar offences (Concannon and Na, 2023). The economic implications of this system are phenomenal, as mass incarceration currently costs US taxpayers 182 billion annually. Meanwhile, detained defendants – who typically had a median income of 15,109 prior to incarceration – often lose their jobs, homes, and even custody of their children while awaiting trial (Rabuy & Kopf, 2016). These failures not only undermine concepts of fairness in the application of justice but also help maintain the generational poverty and recidivism that require immediate policy changes.

Describe the social policy including a description of the approach the policy is taking to resolve the social issue (one organized paragraph with citations, 6-8 sentences) –

This comprehensive reform proposal offers two major strategies: eliminating cash bail procedures and increasing investment in evidence-based rehabilitation services. The studies show that cash bail negatively affects those who cannot afford it, particularly people of colour from impoverished backgrounds. For instance, the detained Black women were earning an average of $9,083 before they were imprisoned, an amount that is way below the federal poverty line (Rabuy & Kopf, 2016). Switching this unjust scheme with evidence-based risk assessment tools would significantly decrease racial prejudice in pretrial decisions, according to the New York example, which reveals racial disparities in prosecutors’ bail requests.
At the same time, increasing access to prison rehabilitation activities such as skills training, psychiatric care, and drug dependency treatment has been proven to decrease the rate of recidivism by about 15% (Suman et al., 2023). This shift to a dual approach is a marked departure from punitive approaches such as the ‘war on drugs,’ which not only did not decrease crime but resulted in an unjustly high rate of confinement of ethnic minorities (Lattimore, 2023). This wide-ranging plan targets disparities in the system both before trial and after the defendant is convicted and sent to prison.

Identify and explain TWO pros and TWO cons of this policy/policy approach – (TWO bullet points each section / each bullet point 1-2 sentences maximum) –

PROS –

• Equity Focus: Evidence-based risk and needs assessment processes reduce subjectivity in pretrial decisions, as exemplified in the assessment of prosecutorial decision-making (Concannon & Na, 2023)
• Cost Efficiency: Rehabilitation programs resulting in high-quality cost about 5 in long−term savings for everyone invested due to lowered rates of reincarceration (Suman et al., 2023)
• Public Safety: Rehabilitation programs reduce violent recidivism and make the community safer as compared to punishment systems by addressing the causes of crime.

CONS –

• Implementation costs: Jurisdictions may demand significant initial capital investment for risk assessment instruments, staff development, and program support (Lattimore, 2023)
• Political Opposition: Reform attempts are met with considerable opposition from those who do not support reform of the current criminal justice system, which they consider to be ‘soft on crime,’ and those who benefit from the current structure (Nellis, 2016).
• Transition Challenges: Shifting the focus from retributive to restorative justice entails shifting cultural perspectives across the justice systems.

Given the approach this policy is taking make one (1) specific, actionable recommendation (informed by the research conducted) a policymaker could advocate for to improve the existing approach.

Note: Clearly state the recommendation and explain how this recommendation will improve the current approach. This recommendation should be consistent with what is detailed in the previous sections and should not include citations or reference research in this section. This is an opportunity to demonstrate your own critical thought and analysis (one organised paragraph, 6-8 sentences).

In this regard, this brief recommends mandatory racial impact audits for all prosecutors’ offices. These comprehensive, data-driven reviews would:

1. Ensure that racial disparities are systematically quantified for bail requests, charging decisions, and sentencing outcomes.
2. Call for offices that display bias patterns to put in place remedial measures that should be quantifiable.
3. Annually prepare and release transparency reports to ensure accountability to the public;
4. Link funding of programs that aim to lessen disparities to concrete accomplishments.
   Examining 43,971 felony-related cases in New York would demonstrate how such audits can find and document bias in prosecutorial choices (Concannon & Na, 2023). This evidence-based solution tackles the root of systemic bias head-on while supporting other more comprehensive changes to the bail and sentencing systems. By establishing and sustaining accountability mechanisms, we are building for the long term and bringing society closer to the Constitution and the promise of equal protection of the laws.  
   References
   Concannon, C., & Na, C. (2023). Examining racial and ethnic disparity in prosecutor’s bail requests and downstream decision-making. Race and social problems, 1–18. Advance online publication. https://doi.org/10.1007/s12552-022-09385-0
   Lattimore P. K. (2022). Reflections on Criminal Justice Reform: Challenges and Opportunities. American Journal of Criminal Justice,47(6), 1071–1098. https://doi.org/10.1007/s12103-022-09713-5
   Rabuy, B., & Kopf, D. (2016). Detaining the poor: How money bail perpetuates poverty. Prison Policy Initiative. https://www.prisonpolicy.org/reports/incomejails.html
   Suman, O., Sigdel, N., Reshma, S., Teja, B., Sandra, S. C., & Razi, T. K. (2023). The effectiveness of rehabilitation in prisons and the criminal justice System. International Journal of Indian Psychology, 11(3).