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During the last few decades, the United States has used a get-tough approachThe use of longer prison terms and other law enforcement measures to reduce crime. to fight crime. This approach has involved longer prison terms and the building of many more prisons and jails. As noted earlier, scholars doubt that this surge in imprisonment has achieved significant crime reduction at an affordable cost, and they worry that it may be leading to greater problems in the future as hundreds of thousands of prison inmates are released back into their communities every year.
Many of these scholars favor an approach to crime borrowed from the field of public health. In the areas of health and medicine, a public health approachA strategy that highlights the need to prevent illness or disease; in criminology, a strategy that highlights the need to address the factors that lead to criminal behavior. tries to treat people who are already ill, but it especially focuses on preventing disease and illness before they begin. While physicians try to help people who already have cancer, medical researchers constantly search for the causes of cancer so that they can try to prevent it before it affects anyone. This model is increasingly being applied to criminal behavior, and criminologists have advanced several ideas that, if implemented with sufficient funds and serious purpose, hold great potential for achieving significant, cost-effective reductions in crime (Barlow & Decker, 2010; Frost, Freilich, & Clear, 2010; Lab, 2010).Barlow, H. D., & Decker, S. H. (Eds.). (2010). Criminology and public policy: Putting theory to work. Philadelphia, PA: Temple Univeristy Press; Frost, N. A., Freilich, J. D., & Clear, T. R. (Eds.). (2010). Contemporary issues in criminal justice policy: Policy proposals from the American society of criminology conference. Belmont, CA: Wadsworth; Lab, S. P. (2010). Crime prevention: Approaches, practices and evaluations (7th ed.). Cincinnati, OH: Anderson. Many of their strategies rest on the huge body of theory and research on the factors underlying crime in the United States, which we had space only to touch on earlier, while other proposals call for criminal justice reforms. We highlight some of these many strategies here.
“Three Strikes” Laws Strike Out
The get-tough approach highlighted in the text has involved, among other things, mandatory minimum sentencing, in which judges are required to give convicted offenders a minimum prison term, often several years long, rather than a shorter sentence or probation.
Beginning in the 1990s, one of the most publicized types of mandatory sentencing has been the “three strikes and you’re out” policy that mandates an extremely long sentence—at least twenty-five years—and sometimes life imprisonment for offenders convicted of a third (or, in some states, a second) felony. The intent of these laws, enacted by about half the states and the federal government, is to reduce crime by keeping dangerous offenders behind bars for many years and by deterring potential offenders from committing crime (general deterrence). Sufficient time since the first three strikes laws were passed has elapsed to enable criminologists to assess whether they have, in fact, reduced crime.
Studies of this issue find that three strikes laws do not reduce serious crime and, in fact, may even increase the number of homicides. Several studies have focused on California, where tens of thousands of offenders have been sentenced under the state’s three strikes law passed in 1994. Almost all these studies conclude that California’s law did not reduce subsequent crime or did so by only a negligible amount. A few studies also have examined nationwide samples of city and state crime rates in the states that adopted three strikes laws and in the states that did not do so. These studies also fail to find that three strikes laws have reduced crime. As one of these studies, by three criminologists from the University of Alabama at Birmingham, concludes, “Consistent with other studies, ours finds no credible statistical evidence that passage of three strikes laws reduces crime by deterring potential criminals or incapacitating repeat offenders.” The national studies even find that three strikes laws have increased the number of homicides. This latter finding is certainly an unintended consequence of these laws and may stem from decisions by felons facing a third strike to kill witnesses so as to avoid life imprisonment.
In retrospect, it is not very surprising that three strikes laws do not work as intended. Many criminals simply do not think they will get caught and thus are not likely to be deterred by increased penalties. Many are also under the influence of drugs and/or alcohol at the time of their offense, making it even less likely they will worry about being caught. In addition, many three strikes offenders tend to be older (because they are being sentenced for their third felony, not just their first) and thus are already “aging out” beyond the high-crime age group, 15–25. Thus three strikes laws target offenders whose criminality is already declining because they are getting older.
In addition to the increase in homicides, research has identified other problems produced by three strikes laws. Because three strikes defendants do not want a life term, some choose a jury trial instead of pleading guilty. Jury trials are expensive and slow compared to guilty pleas and thus cost the prosecution both money and time. In another problem, the additional years that three strikes offenders spend in prison are costing the states millions of dollars in yearly imprisonment costs and in health-care costs as these offenders reach their elderly years.
As should be clear, the body of three strikes research has important policy implications, as noted by the University of Alabama at Birmingham scholars: “(P)olicy makers should reconsider the costs and benefits associated with three strikes laws” (p. 235).Kovandzic, T. V., Sloan, J. J., III, & Vieraitis, L. M. (2004). “Striking out” as crime reduction policy: The impact of “three strikes” laws on crime rates in US cities. Justice Quarterly, 21, 207–239. Three strikes laws do not lower crime and in fact increase homicides, and they have forced the states to spend large sums of money on courts and prisons. The three strikes research strongly suggests that three strikes laws should be eliminated.
Sources: Kovandzic, Sloan, & Vieraitis, 2004; Walker, 2011Kovandzic, T. V., Sloan, J. J., III, & Vieraitis, L. M. (2004). “Striking out” as crime reduction policy: The impact of “three strikes” laws on crime rates in US cities. Justice Quarterly, 21, 207–239; Walker, S. (2011). Sense and nonsense about crime, drugs, and communities: A policy guide (7th ed.). Belmont, CA: Wadsworth.
A first strategy involves serious national efforts to reduce poverty and to improve neighborhood living conditions. It is true that most poor people do not commit crime, but it is also true that most street crime is committed by the poor or near poor for reasons discussed earlier. Efforts that create decent-paying jobs for the poor, enhance their vocational and educational opportunities, and improve their neighborhood living conditions should all help reduce poverty and its attendant problems and thus to reduce crime (Currie, 2011).Currie, E. (2011). On the pitfalls of spurious prudence. Criminology & Public Policy, 10, 109–114.
A second strategy involves changes in how American parents raise their boys. To the extent that the large gender difference in serious crime stems from male socialization patterns, changes in male socialization should help reduce crime (Collier, 2004).Collier, R. (2004). Masculinities and crime: Rethinking the “man question”? In C. Sumner (Ed.), The Blackwell companion to criminology (pp. 285–308). Oxford, United Kingdom: Blackwell. This will certainly not happen any time soon, but if American parents can begin to raise their boys to be less aggressive and less dominating, they will help reduce the nation’s crime rate. As two feminist criminologists have noted, “A large price is paid for structures of male domination and for the very qualities that drive men to be successful, to control others, and to wield uncompromising power.…Gender differences in crime suggest that crime may not be so normal after all. Such differences challenge us to see that in the lives of women, men have a great deal more to learn” (Daly & Chesney-Lind, 1988, p. 527).Daly, K., & Chesney-Lind, M. (1988). Feminism and criminology. Justice Quarterly, 5, 497–538.
Preventing Crime and Treating Prisoners in Western Europe
The text suggests the get-tough approach that the United States has been using to reduce crime has not worked in a cost-effective manner and has led to other problems, including a flood of inmates returning to their communities every year. In fighting crime, the United States has much to learn from Western Europe. In contrast to the US get-tough approach, Western European nations tend to use a public health model that comprises two components. The first is a focus on crime prevention that uses early childhood intervention programs and other preventive measures to address the roots of crime and other childhood and family problems. The second is a criminal justice policy that involves sentencing defendants and treating prisoners in a manner more likely to rehabilitate offenders and reduce their repeat offending than the more punitive approach in the United States.
The overall Western European approach to offenders is guided by the belief that imprisonment should be reserved for the most dangerous violent offenders, and that probation, community service, and other forms of community corrections should be used for other offenders. Because violent offenders comprise only a small proportion of all offenders, the Western European approach saves a great deal of money while still protecting public safety.
The experience of Denmark and the Netherlands is illustrative. Like the United States, Denmark had to deal with rapidly growing crime rates during the 1960s. Whereas the United States responded with the get-tough approach involving longer and more certain prison terms and the construction of more and more prisons, Denmark took the opposite approach: It adopted shorter prison terms for violent offenders and used the funds saved from the reduced prison costs to expand community corrections for property offenders. Finland and the Netherlands have also adopted a similar approach that favors community corrections and relatively short prison terms for violent offenders over the get-tough approach the United States adopted.
All these nations save great sums of money in prison costs and other criminal justice expenses because they chose not to adopt the US get-tough approach, yet their rates of serious violent crime lag behind the US rates. Although these nations obviously differ from the United States, the advantages of their approach should be kept in mind as the United States evaluates its get-tough policies. There may be much to learn from their less punitive approach to crime: While the United States got tough, perhaps they got sensible.
Sources: Dammer & Albanese, 2011; Waller & Welsh, 2007Dammer, H. R., & Albanese, J. S. (2011). Comparative criminal justice systems (4th ed.). Belmont, CA: Wadsworth; Waller, I., & Welsh, B. C. (2007). Reducing crime by harnessing international best practices. In D. S. Eitzen (Ed.), Solutions to social problems: Lessons from other societies (pp. 208–216). Boston, MA: Allyn & Bacon.
A third and very important strategy involves expansion of early childhood intervention (ECI) programs and nutrition services for poor mothers and their children, as the Note 8.28 "Children and Our Future" box discussed earlier. ECI programs generally involve visits by social workers, nurses, or other professionals to young, poor mothers shortly after they give birth, as these mother’s children are often at high risk for later behavioral problems (Welsh & Farrington, 2007).Welsh, B. C., & Farrington, D. P. (2007). Save children from a life of crime. Criminology & Public Policy, 6(4), 871–879. These visits may be daily or weekly and last for several months, and they involve parenting instruction and training in other life skills. These programs have been shown to be very successful in reducing childhood and adolescent misbehavior in a cost-effective manner (Greenwood, 2006).Greenwood, P. W. (2006). Changing lives: Delinquency prevention as crime-control policy. Chicago, IL: University of Chicago Press. In the same vein, nutrition services would also reduce the risk of neurological impairment among newborns and young children and thus their likelihood of developing later behavioral problems.
A fourth strategy calls for a national effort to improve the nation’s schools and schooling. This effort would involve replacing large, older, and dilapidated schoolhouses with smaller, nicer, and better equipped ones. For many reasons, this effort should help improve student academic achievement and school commitment and thus lower delinquent and later criminal behavior.
A final set of strategies involves changes in the criminal justice system that should help reduce repeat offending and save much money that could be used to fund the ECI programs and other efforts just outlined. Placing nonviolent property and drug offenders in community corrections (e.g., probation, daytime supervision) would reduce the number of prison and jail inmates by hundreds of thousands annually without endangering Americans’ safety and save billions of dollars in prison costs (Jacobson, 2006).Jacobson, M. (2006). Reversing the punitive turn: The Limits and promise of current research. Criminology & Public Policy, 5, 277–284. These funds could also be used to improve prison and jail vocational and educational programming and drug and alcohol services, all of which are seriously underfunded. If properly funded, such programs and services hold great promise for rehabilitating many inmates (Cullen, 2007).Cullen, F. T. (2007). Make rehabilitation corrections’ guiding paradigm. Criminology & Public Policy, 6(4), 717–727. Elimination of the death penalty would also save much money while also eliminating the possibility of wrongful executions.
This is not a complete list of strategies, but it does suggest the kinds of efforts that would help address the roots of crime and, in the long run, help to reduce it. Although the United States may not be interested in pursuing this crime-prevention approach, strategies like the ones just mentioned would in the long run be more likely than our current get-tough approach to create a safer society and at the same time save us billions of dollars annually.
Note that none of these proposals addresses white-collar crime, which should not be neglected in a discussion of reducing the nation’s crime problem. One reason white-collar crime is so common is that the laws against it are weakly enforced; more consistent enforcement of these laws should help reduce white-collar crime, as would the greater use of imprisonment for convicted white-collar criminals (Rosoff et al., 2010).Rosoff, S. M., Pontell, H. N., & Tillman, R. (2010). Profit without honor: White collar crime and the looting of America (5th ed.). Upper Saddle River, NJ: Prentice Hall.