Morehead State University
Legal and Administrative Reforms in the Justice System: Their Consequences for Criminal Offenders under Corrections Supervision
Institution
Morehead State University
Faculty Advisor/ Mentor
Paul Steele
Abstract
As agencies comprising the criminal justice system attempt to fulfill their organizational roles, they are influenced by statutes enacted by legislative bodies, budgetary constraints, and by the administrative policies and the use of professional discretion. Since serious criminal cases generally pass in a linear fashion through several stages and agencies between reporting and punishment, the ultimate size and characteristics of the corrections population in Kentucky (and other State) is significantly influenced by legal and economic parameters and case decisions made at earlier points in the justice process, as well as by those legal and administrative policies directly evident within corrections agencies. Traditionally, criminal justice professionals focus on their immediate occupational roles and responsibilities, and seldom consider that systemic impact of their decisions. The first component of this research project examines the influence of legalistic and non-legalistic social factors on the use of professional discretion and decisionmaking throughout the criminal justice through the sentencing process. In this study, we consider the influence of legalistic influences such as legal definitions and legislatively mandated sentences, criminal situational descriptors, the offender’s prior criminal history, the availability of criminal diversion, and the nature and strength of evidence. We also consider the influence of non-legalistic (extrinsic) influences such as social class and demographic characteristics (gender, age, race/ethnicity) of the suspect/defendant and victim and their relationship. One important conseqence of system decision making has been the significant growth in prison populations in the United States. For example, in 2007-8, Kentucky experienced the greatest proportional growth in its prison population of any state in the U.S., and one of its greatest periods of growth in the Commonwealth’s history. In the second component of this research project, we examine those factors that have influenced prison population trends in Kentucky and the United States in recent decades. In earlier research, we have concluded that state population growth, rates of reported crime, police arrest/clearance rates and conviction rates in state courts explain very little of the variance in prison populations. We have therefore shifted our attention to the relative impact of legislatively mandated sentencing policies and structures, corrections administrative policies, changes in economic conditions and State revenues, and both public and legislative perceptions of the crime problem. Our research project is based on a thorough review of the criminal justice decision-making literature including that of police arrest policies, prosecutorial decision-making, disproportionate minority system contact, and legislative activity as it relates to justice policy and appropriations. The research employs descriptive, bivariate, time series, and multinomial regression quantitative statistical techniques to determine the simultaneous influence of diverse measures, and various time series methods to examine change in populations at each stage of the justice system and the relative influence of predictor variables over time. We conclude that a combination of policy influences and economic conditions have primarily influenced the growth and marginalization of prison populations, and provide recommendations to promote greater interagency coordination among justice agencies and improved for prison population management.
Legal and Administrative Reforms in the Justice System: Their Consequences for Criminal Offenders under Corrections Supervision
As agencies comprising the criminal justice system attempt to fulfill their organizational roles, they are influenced by statutes enacted by legislative bodies, budgetary constraints, and by the administrative policies and the use of professional discretion. Since serious criminal cases generally pass in a linear fashion through several stages and agencies between reporting and punishment, the ultimate size and characteristics of the corrections population in Kentucky (and other State) is significantly influenced by legal and economic parameters and case decisions made at earlier points in the justice process, as well as by those legal and administrative policies directly evident within corrections agencies. Traditionally, criminal justice professionals focus on their immediate occupational roles and responsibilities, and seldom consider that systemic impact of their decisions. The first component of this research project examines the influence of legalistic and non-legalistic social factors on the use of professional discretion and decisionmaking throughout the criminal justice through the sentencing process. In this study, we consider the influence of legalistic influences such as legal definitions and legislatively mandated sentences, criminal situational descriptors, the offender’s prior criminal history, the availability of criminal diversion, and the nature and strength of evidence. We also consider the influence of non-legalistic (extrinsic) influences such as social class and demographic characteristics (gender, age, race/ethnicity) of the suspect/defendant and victim and their relationship. One important conseqence of system decision making has been the significant growth in prison populations in the United States. For example, in 2007-8, Kentucky experienced the greatest proportional growth in its prison population of any state in the U.S., and one of its greatest periods of growth in the Commonwealth’s history. In the second component of this research project, we examine those factors that have influenced prison population trends in Kentucky and the United States in recent decades. In earlier research, we have concluded that state population growth, rates of reported crime, police arrest/clearance rates and conviction rates in state courts explain very little of the variance in prison populations. We have therefore shifted our attention to the relative impact of legislatively mandated sentencing policies and structures, corrections administrative policies, changes in economic conditions and State revenues, and both public and legislative perceptions of the crime problem. Our research project is based on a thorough review of the criminal justice decision-making literature including that of police arrest policies, prosecutorial decision-making, disproportionate minority system contact, and legislative activity as it relates to justice policy and appropriations. The research employs descriptive, bivariate, time series, and multinomial regression quantitative statistical techniques to determine the simultaneous influence of diverse measures, and various time series methods to examine change in populations at each stage of the justice system and the relative influence of predictor variables over time. We conclude that a combination of policy influences and economic conditions have primarily influenced the growth and marginalization of prison populations, and provide recommendations to promote greater interagency coordination among justice agencies and improved for prison population management.