Criminal justice at the crossroads : transforming crime and punishment

418 Pages·2015·1.801 MB·English

by  Kelly, William Robert

C R I M I N A L J U S T I C E AT
T H E C R O S S R O A D S
Transforming Crime and Punishment
W I L L I A M R . K E L L Y
CRIMINAL JUSTICE
AT THE CROSSROADS

Criminal
Justice at the
Crossroads
TRANSFORMING CRIME
AND PUNISHMENT
William R. Kelly
columbia university press(cid:18) new york
columbia university press
Publishers Since 1893
New York Chichester, West Sussex
cup.columbia.edu
Copyright © 2015 Columbia University Press
All rights reserved
Library of Congress Cataloging-in-Publication Data
Kelly, W. R. (William Robert), 1950–
Criminal justice at the crossroads : transforming crime and punishment / William R. Kelly.
pages cm
Includes bibliographical references and index.
ISBN 978-0-231-17136-6 (cloth : alk. paper) — ISBN 978-0-231-17137-3 (pbk. : alk paper) —
ISBN 978-0-231-53922-7 (electronic)
1.  Criminal justice, Administration—United States. 2.  Criminals—Rehabilitation—United
States—Evaluation. 3.  Recidivism—United States—Prevention. 4.  Crime—United
States—Prevention.  I. Title.

HV9950.K45 2015
364.973—dc23
2014029752
Columbia University Press books are printed on permanent and durable acid-free paper.
This book is printed on paper with recycled content.
Printed in the United States of America
c 10 9 8 7 6 5 4 3 2 1
p 10 9 8 7 6 5 4 3 2 1
Cover design: Archie Ferguson
References to websites (URLs) were accurate at the time of writing.
Neither the author nor Columbia University Press is responsible for URLs
that may have expired or changed since the manuscript was prepared.
The real measure of civilization in any society can be found in
the way it treats its most unfortunate citizens—its prisoners.
—Fyodor Dostoevsky, The House of the Dead

contents
acknowledgments(cid:18)IX
introduction(cid:18)1
chapter one
(cid:2)
U.S. Criminal Justice Policy, 1960–2013(cid:18)13
chapter two
(cid:2)
Crime Control:
What Have We Accomplished?(cid:18)55
chapter three
(cid:2)
The Scientific Case for Alternatives to Crime Control:
Evidence-Based Practices and Where Neurocognitive
Implications Take Us from Here(cid:18)77
chapter four
(cid:2)
Sentencing Reform Reconsidered(cid:18)123
chapter five
(cid:2)
Diversion and Problem-Solving Courts(cid:18)172
chapter six
(cid:2)
Community Supervision(cid:18)208
chapter seven
(cid:2)
Recalibrating Drug Control Policy(cid:18)253
chapter eight
(cid:2)
Cost-Effectiveness(cid:18)297
conclusions(cid:18)322
works cited(cid:18)343
index(cid:18)389

acknowledgments
i am very fortunate to have the support and encouragement of a
number of wonderful people. First and foremost is my wife Emily, the love
of my life, the one who has believed in me and supported this effort from
day one. She motivated me and my writing in uncounted ways. She was
ever graceful during working weekends and vacations and talking me down
during my bouts of doubt and insecurity. I am truly blessed to have her in
my life.
I also want to acknowledge the support and understanding of my dear
friends of twenty-plus years Bill and Sabrina Streusand. They have been
extraordinarily supportive and willing to listen to me opine about Ameri-
can criminal justice at the many dinner parties they hosted. Bill is a child
and adolescent psychiatrist and provided invaluable advice and insight on
psychiatric and neurocognitive issues. Bill and Sabrina also provided Casa
de Streusand de Durango to us during the summer of 2013, where I was able
to make the big push to finish the manuscript.
Robert Pitman, a very good friend, formerly the United States Attorney
for the Western District of Texas and just confirmed as a federal district
judge, was very supportive and encouraging throughout. He has played a
critical role in providing drafts to key policymakers in the U.S. Department
of Justice. Robert has also encouraged me to write a book about criminal
justice reform for a broader audience. That project is currently underway.
I would like to thank De Sellers, who was instrumental in this project in a
variety of ways. In addition to being supportive and encouraging, De moti-
vated my interest in neurodevelopment and neurocognitive functioning,