Pub Date : 2023-01-01Epub Date: 2022-09-02DOI: 10.1146/annurev-criminol-030421-035102
Christopher Slobogin, Sarah Brayne
This review focuses on government use of technology to observe, collect, or record potential criminal activity in real-time, as contrasted with "transaction surveillance" that involves government efforts to access already-existing reviews (Brayne 2018, Ridgeway 2018). Even so limited, surveillance technologies come in many guises, including closed-circuit television, automated license plate and facial readers, aerial cameras, and GPS tracking. Also classifiable as surveillance technology are devices such as thermal and electromagnetic imagers that can "see" through walls and clothing. Finally, surveillance includes wiretapping and other forms of communication interception. The following discussion briefly examines the limited evidence we have about the prevalence and effectiveness of these technologies and then describes the law governing surveillance, focusing principally on constitutional doctrine, and how it might-and might not-limit use of these technologies in the future.
{"title":"Surveillance Technologies and Constitutional Law.","authors":"Christopher Slobogin, Sarah Brayne","doi":"10.1146/annurev-criminol-030421-035102","DOIUrl":"10.1146/annurev-criminol-030421-035102","url":null,"abstract":"<p><p>This review focuses on government use of technology to observe, collect, or record potential criminal activity in real-time, as contrasted with \"transaction surveillance\" that involves government efforts to access already-existing reviews (Brayne 2018, Ridgeway 2018). Even so limited, surveillance technologies come in many guises, including closed-circuit television, automated license plate and facial readers, aerial cameras, and GPS tracking. Also classifiable as surveillance technology are devices such as thermal and electromagnetic imagers that can \"see\" through walls and clothing. Finally, surveillance includes wiretapping and other forms of communication interception. The following discussion briefly examines the limited evidence we have about the prevalence and effectiveness of these technologies and then describes the law governing surveillance, focusing principally on constitutional doctrine, and how it might-and might not-limit use of these technologies in the future.</p>","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC10704392/pdf/","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45819148","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-20DOI: 10.1146/annurev-criminol-030521-103146
L. Puglisi, L. Brinkley-Rubinstein, E. Wang
As with past influenza pandemics of influenza, COVID-19 tore through US prisons and jails; however, the COVID-19 pandemic, uniquely, has led to more health research on carceral systems than has been seen to date. Herein, we review the data on its impact on incarcerated people, correctional officers, health systems, and surrounding communities. We searched medical, sociological, and criminology databases from March 2020 through February 2022 for studies examining the intersection of COVID-19, prisons and jails, and health outcomes, including COVID-19 incidence, prevalence, hospitalizations, and vaccination. Our scoping review identified 77 studies'—the bulk of which focus on disease epidemiology in carceral systems, with a small minority that focuses on the efficacy or effectiveness of prevention and mitigation efforts, including testing, vaccinations, and efforts to depopulate correctional facilities. We highlight areas for future research, including the experiences of incarcerated people and correctional staff, unanticipated health effects of prolonged quarantine, excess deaths due to delays in healthcare, and experimental studies on vaccine uptake and testing in correctional staff. These studies will enable a fuller understanding of COVID-19 and help stem future pandemics. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"COVID-19 in Carceral Systems: A Review","authors":"L. Puglisi, L. Brinkley-Rubinstein, E. Wang","doi":"10.1146/annurev-criminol-030521-103146","DOIUrl":"https://doi.org/10.1146/annurev-criminol-030521-103146","url":null,"abstract":"As with past influenza pandemics of influenza, COVID-19 tore through US prisons and jails; however, the COVID-19 pandemic, uniquely, has led to more health research on carceral systems than has been seen to date. Herein, we review the data on its impact on incarcerated people, correctional officers, health systems, and surrounding communities. We searched medical, sociological, and criminology databases from March 2020 through February 2022 for studies examining the intersection of COVID-19, prisons and jails, and health outcomes, including COVID-19 incidence, prevalence, hospitalizations, and vaccination. Our scoping review identified 77 studies'—the bulk of which focus on disease epidemiology in carceral systems, with a small minority that focuses on the efficacy or effectiveness of prevention and mitigation efforts, including testing, vaccinations, and efforts to depopulate correctional facilities. We highlight areas for future research, including the experiences of incarcerated people and correctional staff, unanticipated health effects of prolonged quarantine, excess deaths due to delays in healthcare, and experimental studies on vaccine uptake and testing in correctional staff. These studies will enable a fuller understanding of COVID-19 and help stem future pandemics. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2022-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49470287","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-28DOI: 10.1146/annurev-criminol-041122-111300
Carrie Pettus
Trauma is an almost universal experience for those with incarceration histories. Lifetime traumatic experiences begin in childhood, continue in adulthood, and persist during and after incarceration. For centuries, the capacity for trauma to have a deleterious impact on social, mental, and biological functioning has been a topic of inquiry, and for years empirical work has connected trauma to crime and justice system involvement. Trauma-responsive reentry is the future state of the art for reentry. This review examines the prevalence and consequences of lifetime traumatic experiences for individuals releasing from incarceration and returning home. Extant research on trauma interventions for individuals with incarceration histories is discussed. The review ends with a vision for trauma-responsive reentry, strategies to implement trauma-responsive reentry, a proposed research agenda, and cautions and considerations for debate. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Trauma and Prospects for Reentry","authors":"Carrie Pettus","doi":"10.1146/annurev-criminol-041122-111300","DOIUrl":"https://doi.org/10.1146/annurev-criminol-041122-111300","url":null,"abstract":"Trauma is an almost universal experience for those with incarceration histories. Lifetime traumatic experiences begin in childhood, continue in adulthood, and persist during and after incarceration. For centuries, the capacity for trauma to have a deleterious impact on social, mental, and biological functioning has been a topic of inquiry, and for years empirical work has connected trauma to crime and justice system involvement. Trauma-responsive reentry is the future state of the art for reentry. This review examines the prevalence and consequences of lifetime traumatic experiences for individuals releasing from incarceration and returning home. Extant research on trauma interventions for individuals with incarceration histories is discussed. The review ends with a vision for trauma-responsive reentry, strategies to implement trauma-responsive reentry, a proposed research agenda, and cautions and considerations for debate. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44594434","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-28DOI: 10.1146/annurev-criminol-030722-035139
D. Garland
This review situates the recent, radical challenges to American criminal justice—calls to end mass incarceration, defund the police, and dismantle systemic racism—within the broader social and economic arrangements that make the US system so distinctive and so problematic. It describes the social structures, institutions, and processes that give rise to America's extraordinary penal state—as well as to its extraordinarily high rates of homicide and social disorder—and considers what these portend for the prospect of radical change. It does so by locating American crime and punishment in the structural context of America's (always-already racialized) political economy—a distinctive set of social structures and institutional legacies that render the United States more violent, more disorderly, and more reliant on penal control than any other developed nation. Drawing on a broad range of social science research findings, it argues that this peculiar political economy—a form of capitalism and democratic governance forged on the anvils of slavery and racial segregation and rendered increasingly insecure and exclusionary in the decades following deindustrialization—generates high levels of social disorganization and criminal violence and predisposes state authorities to adopt penal control as the preferred policy response. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"The Current Crisis of American Criminal Justice: A Structural Analysis","authors":"D. Garland","doi":"10.1146/annurev-criminol-030722-035139","DOIUrl":"https://doi.org/10.1146/annurev-criminol-030722-035139","url":null,"abstract":"This review situates the recent, radical challenges to American criminal justice—calls to end mass incarceration, defund the police, and dismantle systemic racism—within the broader social and economic arrangements that make the US system so distinctive and so problematic. It describes the social structures, institutions, and processes that give rise to America's extraordinary penal state—as well as to its extraordinarily high rates of homicide and social disorder—and considers what these portend for the prospect of radical change. It does so by locating American crime and punishment in the structural context of America's (always-already racialized) political economy—a distinctive set of social structures and institutional legacies that render the United States more violent, more disorderly, and more reliant on penal control than any other developed nation. Drawing on a broad range of social science research findings, it argues that this peculiar political economy—a form of capitalism and democratic governance forged on the anvils of slavery and racial segregation and rendered increasingly insecure and exclusionary in the decades following deindustrialization—generates high levels of social disorganization and criminal violence and predisposes state authorities to adopt penal control as the preferred policy response. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2022-09-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42634336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-20DOI: 10.1146/annurev-criminol-030521-102909
Meghan L. Rogers, W. Pridemore
The number of cross-national homicide studies is increasing rapidly. Many scholars, however, do not consider the details of how individual nations and the four main centralized homicide data sources—raw estimates from the World Health Organization (WHO) Mortality Database, adjusted estimates from the WHO Global Health Observatory, United Nations Office on Drugs and Crime, and World Bank World Development Indicators—generate national homicide rates and the impact this may have on results and the scientific record. We tested whether homicide trends, levels, and structural covariates are dependent on data source. We used 1990–2018 data in 5-year groupings and pooled them over time and nation. We utilized exploratory data analysis techniques to look for differences in homicide rates and trends. Then we employed seemingly unrelated regression (SUR) to determine whether associations with homicide of typical structural covariates were dependent on homicide data source. Finally, we examined Wald Tests to determine whether differences in the sizes of the SUR coefficients from each data source were significantly different from zero. We found differences in homicide trends and rates by data source and that associations with homicide rates of structural covariates varied in significance, magnitude, and even direction depending on homicide data source. Cross-national homicide research has a promising future for understanding short- and long-term global and regional trends and population-level covariates and constructing theoretical explanations for geographical and temporal variation. However, researchers must better understand how national homicide data are generated by nations and these four data sources. All four systems possess limitations, but homicide data from the WHO Mortality Database present the most attractive option. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"A Review and Analysis of the Impact of Homicide Measurement on Cross-National Research","authors":"Meghan L. Rogers, W. Pridemore","doi":"10.1146/annurev-criminol-030521-102909","DOIUrl":"https://doi.org/10.1146/annurev-criminol-030521-102909","url":null,"abstract":"The number of cross-national homicide studies is increasing rapidly. Many scholars, however, do not consider the details of how individual nations and the four main centralized homicide data sources—raw estimates from the World Health Organization (WHO) Mortality Database, adjusted estimates from the WHO Global Health Observatory, United Nations Office on Drugs and Crime, and World Bank World Development Indicators—generate national homicide rates and the impact this may have on results and the scientific record. We tested whether homicide trends, levels, and structural covariates are dependent on data source. We used 1990–2018 data in 5-year groupings and pooled them over time and nation. We utilized exploratory data analysis techniques to look for differences in homicide rates and trends. Then we employed seemingly unrelated regression (SUR) to determine whether associations with homicide of typical structural covariates were dependent on homicide data source. Finally, we examined Wald Tests to determine whether differences in the sizes of the SUR coefficients from each data source were significantly different from zero. We found differences in homicide trends and rates by data source and that associations with homicide rates of structural covariates varied in significance, magnitude, and even direction depending on homicide data source. Cross-national homicide research has a promising future for understanding short- and long-term global and regional trends and population-level covariates and constructing theoretical explanations for geographical and temporal variation. However, researchers must better understand how national homicide data are generated by nations and these four data sources. All four systems possess limitations, but homicide data from the WHO Mortality Database present the most attractive option. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2022-09-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44035107","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-15DOI: 10.1146/annurev-criminol-030421-040247
Paul J. Hirschfield
Police in the United States stand out in the developed world for their reliance on deadly force. Other nations in the Americas, however, feature higher or similar levels of fatal police violence (FPV). Cross-national comparative analyses can help identify stable and malleable factors that distinguish high-FPV from low-FPV countries. Two factors that clearly stand out among high-FPV nations are elevated rates of gun violence—which fosters a preoccupation with danger and wide latitude to use preemptive force—and ethnoracial inequality and discord. The latter seems to be tied to another fundamental difference between the United States and most other developed nations—the “radically decentralized structure of U.S. policing” (Bayley & Stenning 2016). Hyperlocalism limits the influence of external oversight, along with expertise and resources for effective training, policy implementation, and accountability. However, elevated rates of FPV among some Latin American countries with relatively centralized policing demonstrate that decentralization is not a necessary condition for high FPV. Likewise, relatively low FPV in Spain and Chile suggest that achieving low FPV is also possible without the extensive resources and training that appear to suppress FPV in wealthy Northern European nations. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Exceptionally Lethal: American Police Killings in a Comparative Perspective","authors":"Paul J. Hirschfield","doi":"10.1146/annurev-criminol-030421-040247","DOIUrl":"https://doi.org/10.1146/annurev-criminol-030421-040247","url":null,"abstract":"Police in the United States stand out in the developed world for their reliance on deadly force. Other nations in the Americas, however, feature higher or similar levels of fatal police violence (FPV). Cross-national comparative analyses can help identify stable and malleable factors that distinguish high-FPV from low-FPV countries. Two factors that clearly stand out among high-FPV nations are elevated rates of gun violence—which fosters a preoccupation with danger and wide latitude to use preemptive force—and ethnoracial inequality and discord. The latter seems to be tied to another fundamental difference between the United States and most other developed nations—the “radically decentralized structure of U.S. policing” (Bayley & Stenning 2016). Hyperlocalism limits the influence of external oversight, along with expertise and resources for effective training, policy implementation, and accountability. However, elevated rates of FPV among some Latin American countries with relatively centralized policing demonstrate that decentralization is not a necessary condition for high FPV. Likewise, relatively low FPV in Spain and Chile suggest that achieving low FPV is also possible without the extensive resources and training that appear to suppress FPV in wealthy Northern European nations. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2022-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45809487","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-13DOI: 10.1146/annurev-criminol-030920-090259
Arthur L. Rizer
Over the past 20 years, conservatives have often been at the forefront of criminal justice reform efforts, including to reduce mandatory minimum sentencing, lengthy prison terms, and excessive criminal fines and fees and to improve conditions in prisons and jails. Rejecting the Nixonian “law and order” impulse, criminal justice reform has increasingly become incorporated into the conservative political self-identity. But this has been an elite-driven phenomenon, and it is open to question whether the roots of that political identity are deep enough to withstand the rising salience of crime as a political issue. This review traces how criminal justice reform came to be incorporated into the conservative political identity, raises questions concerning its staying power in the face of rising crime and increasingly strident progressive demands, and proposes some principles that might ground a more lasting conservative commitment to a just, proportionate system of criminal justice. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Can Conservative Criminal Justice Reform Survive a Rise in Crime?","authors":"Arthur L. Rizer","doi":"10.1146/annurev-criminol-030920-090259","DOIUrl":"https://doi.org/10.1146/annurev-criminol-030920-090259","url":null,"abstract":"Over the past 20 years, conservatives have often been at the forefront of criminal justice reform efforts, including to reduce mandatory minimum sentencing, lengthy prison terms, and excessive criminal fines and fees and to improve conditions in prisons and jails. Rejecting the Nixonian “law and order” impulse, criminal justice reform has increasingly become incorporated into the conservative political self-identity. But this has been an elite-driven phenomenon, and it is open to question whether the roots of that political identity are deep enough to withstand the rising salience of crime as a political issue. This review traces how criminal justice reform came to be incorporated into the conservative political identity, raises questions concerning its staying power in the face of rising crime and increasingly strident progressive demands, and proposes some principles that might ground a more lasting conservative commitment to a just, proportionate system of criminal justice. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2022-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47357506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-07DOI: 10.1146/annurev-criminol-030421-040140
M. Gottschalk
A closer examination of media coverage, the response of law enforcement and policy makers, the legislative record, and the availability of proven, high-quality treatments for substance abuse casts doubt on claims that the country pivoted toward public health and harm-reduction strategies to address the opioid crisis because its victims were disproportionately white people. Law enforcement solutions directed at people who use and sell street drugs continue to far outpace public health and harm-reduction strategies. Government support for expanding access to proven treatments for opioid use disorder that save and rebuild lives remains paltry given the scale of this public health catastrophe. And although the rhetoric has been somewhat more sympathetic, at times it rivals the excesses of the crack era. The article examines the various phases of the opioid crisis as they have unfolded over the past 25 years; related geographic and racial shifts in overdose fatalities with each new phase; media coverage of the crisis; the federal government's response, including by the US Congress and presidents from George H.W. Bush to Joe Biden; punitive developments at the state and local levels; and the country's poor record on prevention and making effective treatment widely available for people with substance use disorder. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"The Opioid Crisis: The War on Drugs Is Over. Long Live the War on Drugs","authors":"M. Gottschalk","doi":"10.1146/annurev-criminol-030421-040140","DOIUrl":"https://doi.org/10.1146/annurev-criminol-030421-040140","url":null,"abstract":"A closer examination of media coverage, the response of law enforcement and policy makers, the legislative record, and the availability of proven, high-quality treatments for substance abuse casts doubt on claims that the country pivoted toward public health and harm-reduction strategies to address the opioid crisis because its victims were disproportionately white people. Law enforcement solutions directed at people who use and sell street drugs continue to far outpace public health and harm-reduction strategies. Government support for expanding access to proven treatments for opioid use disorder that save and rebuild lives remains paltry given the scale of this public health catastrophe. And although the rhetoric has been somewhat more sympathetic, at times it rivals the excesses of the crack era. The article examines the various phases of the opioid crisis as they have unfolded over the past 25 years; related geographic and racial shifts in overdose fatalities with each new phase; media coverage of the crisis; the federal government's response, including by the US Congress and presidents from George H.W. Bush to Joe Biden; punitive developments at the state and local levels; and the country's poor record on prevention and making effective treatment widely available for people with substance use disorder. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2022-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47639135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-07DOI: 10.1146/annurev-criminol-030421-034244
Abdul Nasser Rad, D. Kirk, William P. Jones
Recent discussions of police violence in the United States and the corresponding lack of accountability have shone a light on a highly debated agent opposing police reform—police unions. Although police unionism continues to be an understudied area, a recent wave of empirical investigations, both qualitative and quantitative, have contributed to a nascent understanding of the ways in which police union mechanisms facilitate police misconduct and violence. Accordingly, in this review we first discuss the origins of police unionism in the United States, illustrating how historical forces, including racial animus, have shaped the existing landscape. Then, we highlight significant empirical work exploring the relationship between police unionism and misconduct. Thereafter, we review the potential intervening mechanisms, which are employed in ways to reduce disciplinary consequences of misconduct and excessive use of force, undermine oversight of the police, and limit police transparency. We end with a set of recommendations on future avenues for research. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Police Unionism, Accountability, and Misconduct","authors":"Abdul Nasser Rad, D. Kirk, William P. Jones","doi":"10.1146/annurev-criminol-030421-034244","DOIUrl":"https://doi.org/10.1146/annurev-criminol-030421-034244","url":null,"abstract":"Recent discussions of police violence in the United States and the corresponding lack of accountability have shone a light on a highly debated agent opposing police reform—police unions. Although police unionism continues to be an understudied area, a recent wave of empirical investigations, both qualitative and quantitative, have contributed to a nascent understanding of the ways in which police union mechanisms facilitate police misconduct and violence. Accordingly, in this review we first discuss the origins of police unionism in the United States, illustrating how historical forces, including racial animus, have shaped the existing landscape. Then, we highlight significant empirical work exploring the relationship between police unionism and misconduct. Thereafter, we review the potential intervening mechanisms, which are employed in ways to reduce disciplinary consequences of misconduct and excessive use of force, undermine oversight of the police, and limit police transparency. We end with a set of recommendations on future avenues for research. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2022-09-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48578573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-09-02DOI: 10.1146/annurev-criminol-030421-035326
R. Wright, Jenny M. Roberts
This review collects and critiques the academic literature on criminal defense lawyering, with an emphasis on empirical work. Research on criminal defense attorneys in the United States has traditionally emphasized scarcity of resources: too many people facing criminal charges who are “too poor to pay” for counsel and not enough funding to pay for the constitutionally mandated lawyers. Scholars have focused on the capacity of different delivery systems, such as public defender offices, to change the ultimate outcomes in criminal cases within their tight budgetary constraints. Over the decades, however, theoretical understandings of the defense attorney's work have expanded to include client interests outside the criminal courtroom, reaching the broader social conditions connected to the alleged criminal act. Researchers have responded by asking a broader range of questions about the effectiveness of defense counsel outside the courtroom and by using improved data to study the effectiveness of lawyers at discrete procedural stages. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.
{"title":"Expanded Criminal Defense Lawyering","authors":"R. Wright, Jenny M. Roberts","doi":"10.1146/annurev-criminol-030421-035326","DOIUrl":"https://doi.org/10.1146/annurev-criminol-030421-035326","url":null,"abstract":"This review collects and critiques the academic literature on criminal defense lawyering, with an emphasis on empirical work. Research on criminal defense attorneys in the United States has traditionally emphasized scarcity of resources: too many people facing criminal charges who are “too poor to pay” for counsel and not enough funding to pay for the constitutionally mandated lawyers. Scholars have focused on the capacity of different delivery systems, such as public defender offices, to change the ultimate outcomes in criminal cases within their tight budgetary constraints. Over the decades, however, theoretical understandings of the defense attorney's work have expanded to include client interests outside the criminal courtroom, reaching the broader social conditions connected to the alleged criminal act. Researchers have responded by asking a broader range of questions about the effectiveness of defense counsel outside the courtroom and by using improved data to study the effectiveness of lawyers at discrete procedural stages. Expected final online publication date for the Annual Review of Criminology, Volume 6 is January 2023. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.","PeriodicalId":51759,"journal":{"name":"Annual Review of Criminology","volume":null,"pages":null},"PeriodicalIF":6.9,"publicationDate":"2022-09-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"63959176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":1,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}