cj 220 chapter 5 the future of community justice © 2011 todd r. clear, john r. hamilton, jr and...

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CJ 220 CJ 220 Chapter 5 Chapter 5 The Future of Community Justice The Future of Community Justice © 2011 Todd R. Clear, © 2011 Todd R. Clear, John R. Hamilton, Jr and John R. Hamilton, Jr and Eric Cadora Eric Cadora

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Page 1: CJ 220 Chapter 5 The Future of Community Justice © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric Cadora

CJ 220CJ 220

Chapter 5Chapter 5

The Future of Community JusticeThe Future of Community Justice

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

Page 2: CJ 220 Chapter 5 The Future of Community Justice © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric Cadora

IntroductionIntroduction

What role, if any, will the community play What role, if any, will the community play in the development of criminal justice in in the development of criminal justice in coming years?coming years?

To answer this question, we must shift our To answer this question, we must shift our level of analysis from the specific to the level of analysis from the specific to the generalgeneral

We must consider the core idea of We must consider the core idea of community justice and how it transforms community justice and how it transforms the current systemthe current system

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

Page 3: CJ 220 Chapter 5 The Future of Community Justice © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric Cadora

The Essentials of Community The Essentials of Community JusticeJustice

There are three essential components of There are three essential components of community justicecommunity justice PlacePlace Adding valueAdding value Public safetyPublic safety

It is the fact of place that makes the approach It is the fact of place that makes the approach one of “community” one of “community”

It is the commitment to adding value that enables It is the commitment to adding value that enables the community approach to do justicethe community approach to do justice

The ultimate aim of all community justice is a The ultimate aim of all community justice is a better experience of public safetybetter experience of public safety

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

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The Essentials of Community The Essentials of Community JusticeJustice

CommunityCommunity is often used as an is often used as an abstraction, but the term abstraction, but the term community community justicejustice has a concrete meaning has a concrete meaning Community justice refers to actions that Community justice refers to actions that

take place in a designated location, a take place in a designated location, a neighborhood or section where people neighborhood or section where people who live see themselves as sharing life who live see themselves as sharing life togethertogether

Community justice takes place in a Community justice takes place in a specific placespecific place

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

Page 5: CJ 220 Chapter 5 The Future of Community Justice © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric Cadora

The Essentials of Community The Essentials of Community JusticeJustice

Adding valueAdding value Communities may benefit when problematic Communities may benefit when problematic

members are removed, but community justice members are removed, but community justice stands for two additional pointsstands for two additional points

Almost all of those who are removed will return, so Almost all of those who are removed will return, so the question of what to do about people who live in the question of what to do about people who live in the community, some of whom are ex-offenders, the community, some of whom are ex-offenders, cannot be avoided by policies that only try to remove cannot be avoided by policies that only try to remove offendersoffenders

Dealing with offenders is not enough. Community Dealing with offenders is not enough. Community justice attempts to overcome the problems that justice attempts to overcome the problems that produce crime, reduce the impediments to a good produce crime, reduce the impediments to a good quality of life that communities face, and improve the quality of life that communities face, and improve the capacity of communities to become safer, better capacity of communities to become safer, better places to live and do businessplaces to live and do business

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

Page 6: CJ 220 Chapter 5 The Future of Community Justice © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric Cadora

The Essentials of Community The Essentials of Community JusticeJustice

Public safetyPublic safety What sets the community justice ideal apart from other What sets the community justice ideal apart from other

philosophies of community life is that community justice philosophies of community life is that community justice is involved squarely with questions of public order and is involved squarely with questions of public order and public safetypublic safety

Community justice is interested in public safety as a Community justice is interested in public safety as a broad idea: people free to walk the street without fear of broad idea: people free to walk the street without fear of harassment by anyone, criminals or agents of the stateharassment by anyone, criminals or agents of the state

From the standpoint of community justice, public safety From the standpoint of community justice, public safety is not represented by an electric fence, a metal detector, is not represented by an electric fence, a metal detector, or a barred window; rather, public safety exists where or a barred window; rather, public safety exists where there is open and free social commerce without personal there is open and free social commerce without personal fearfear

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

Page 7: CJ 220 Chapter 5 The Future of Community Justice © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric Cadora

Varieties of Community Varieties of Community JusticeJustice

Place is the Place is the settingsetting for community justice and this for community justice and this can be any neighborhood or community small can be any neighborhood or community small enough to have an identity as distinct from other enough to have an identity as distinct from other locationslocations

Public safety refers to the Public safety refers to the goalgoal of community of community justicejustice

Adding value refers to the Adding value refers to the means means of community of community justicejustice

This enables us to investigate various differences This enables us to investigate various differences in means (adding value) for particular community in means (adding value) for particular community justice locations and goals (public safety)justice locations and goals (public safety)

Figure 5.1 (p.132)Figure 5.1 (p.132)© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

Page 8: CJ 220 Chapter 5 The Future of Community Justice © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric Cadora

Varieties of Community Varieties of Community JusticeJustice

Goals continuumGoals continuum The goals continuum provides two extreme valuesThe goals continuum provides two extreme values

1.1. Goal of crime preventionGoal of crime prevention Tend to identify particular types of criminal Tend to identify particular types of criminal

activity that trouble a community and then seek activity that trouble a community and then seek to resolve problems that make crime tend to to resolve problems that make crime tend to occuroccur

Incentives here always aim to eradicate a criminal Incentives here always aim to eradicate a criminal activityactivity

2.2. Community capacityCommunity capacity Aims to create better community life by improving Aims to create better community life by improving

some aspect of the community’s functioningsome aspect of the community’s functioning© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

Page 9: CJ 220 Chapter 5 The Future of Community Justice © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric Cadora

Varieties of Community Varieties of Community JusticeJustice

Means continuumMeans continuum Most governmental organizations work Most governmental organizations work

solo in that they attend to their own solo in that they attend to their own responsibilities with little direct concern responsibilities with little direct concern about the way other organizations affect about the way other organizations affect and are affected by their workand are affected by their work

The advantage is that programs can be The advantage is that programs can be implemented quickly and without implemented quickly and without consultation with other organizationsconsultation with other organizations

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

Page 10: CJ 220 Chapter 5 The Future of Community Justice © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric Cadora

Four Prototypes of Community Four Prototypes of Community Justice ProgramsJustice Programs

Involvement ModelInvolvement Model A prototype of the Involvement Model of A prototype of the Involvement Model of

community justice is problem-oriented policing community justice is problem-oriented policing developed by Herman Goldsteindeveloped by Herman Goldstein

Center for Problem-Oriented Policing

AdvantagesAdvantages Provides another source of information about local Provides another source of information about local

public safety problems, and is therefore a superior public safety problems, and is therefore a superior way to gather information about police prioritiesway to gather information about police priorities

Also give the police a support system in the Also give the police a support system in the community for police practicescommunity for police practices

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

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Four Prototypes of Community Four Prototypes of Community Justice ProgramsJustice Programs

WeaknessesWeaknesses The strength that a single agency can act The strength that a single agency can act

unilaterally with citizens groups is also a unilaterally with citizens groups is also a weaknessweakness

For a single agency, such as the police or For a single agency, such as the police or probation, to confront complex problems probation, to confront complex problems without considering the interests of other without considering the interests of other groups involved can reduce the impact of the groups involved can reduce the impact of the community justice work and lead to community justice work and lead to frustration for the agency and disappointment frustration for the agency and disappointment for the citizensfor the citizens

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

Page 12: CJ 220 Chapter 5 The Future of Community Justice © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric Cadora

Four Prototypes of Community Four Prototypes of Community Justice ProgramsJustice Programs

Partnership ModelPartnership Model Justice agencies such as the police work in Justice agencies such as the police work in

collaboration with citizens and other public-collaboration with citizens and other public-and-private-sector interests to identify and-private-sector interests to identify problem priorities and generate strategic problem priorities and generate strategic solutions to prevent crimesolutions to prevent crime

Four layers of partnershipFour layers of partnership1.1. The resident groupsThe resident groups2.2. One CJ agency aligning with another to try to One CJ agency aligning with another to try to

increase the effectiveness of public safety effortsincrease the effectiveness of public safety efforts3.3. Non-justice agencies in public safety collaborationsNon-justice agencies in public safety collaborations4.4. Private sectorPrivate sector

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

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Four Prototypes of Community Four Prototypes of Community Justice ProgramsJustice Programs

This model offers a more sophisticated This model offers a more sophisticated response to complicated and rather response to complicated and rather entrenched problemsentrenched problems

Negatives are competition for funding Negatives are competition for funding among partners and the natural tension among partners and the natural tension between agencies set up to help people and between agencies set up to help people and those established to sanction themthose established to sanction them

The main difficulty is the limited capacity of The main difficulty is the limited capacity of those neighborhoods with the greatest those neighborhoods with the greatest public safety problemspublic safety problems Need to increase their capacity before Need to increase their capacity before

partnerships can be truly successfulpartnerships can be truly successful© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

Page 14: CJ 220 Chapter 5 The Future of Community Justice © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric Cadora

Four Prototypes of Community Four Prototypes of Community Justice ProgramsJustice Programs

Mobilization ModelMobilization Model Seeks to counter the most prominent problem Seeks to counter the most prominent problem

underlying poor neighborhoods: disorganizationunderlying poor neighborhoods: disorganization This approach brings people together to confront their This approach brings people together to confront their

own problems and the strategies work by creating new own problems and the strategies work by creating new capacity within neighborhoodscapacity within neighborhoods

e.g., neighborhood watche.g., neighborhood watch May be hard to get persons involved in the cause when May be hard to get persons involved in the cause when

they are struggling just to make it day-to-day, especially they are struggling just to make it day-to-day, especially when they do not see an immediate payoff to their when they do not see an immediate payoff to their community involvementcommunity involvement

Sometimes can be accomplished through a sense of Sometimes can be accomplished through a sense of anger about an event or conditions. Confrontational anger about an event or conditions. Confrontational strategies used, but hard to keep enthusiasm upstrategies used, but hard to keep enthusiasm up

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

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Four Prototypes of Community Four Prototypes of Community Justice ProgramsJustice Programs

Intermediary ModelIntermediary Model Operates under two assumptionsOperates under two assumptions

1.1. What troubled neighborhoods need most is What troubled neighborhoods need most is investment in capacity so that new investment in capacity so that new strengths can be created and the natural strengths can be created and the natural base can be strengthenedbase can be strengthened

2.2. What troubled neighborhoods have is a What troubled neighborhoods have is a large contingent of uncoordinated, largely large contingent of uncoordinated, largely ineffective agencies and services involved ineffective agencies and services involved in community life but not affecting it very in community life but not affecting it very muchmuch

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

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Four Prototypes of Community Four Prototypes of Community Justice ProgramsJustice Programs

Focuses on reinvestment of existing resources to Focuses on reinvestment of existing resources to more directly target the needs of the communitymore directly target the needs of the community

The work of the intermediary is to help criminal The work of the intermediary is to help criminal justice and other governmental agencies to shift justice and other governmental agencies to shift from business-as-usual methods of merely dealing from business-as-usual methods of merely dealing with criminal events to a new way of working that with criminal events to a new way of working that seeks to strengthen the neighborhoodseeks to strengthen the neighborhood

Often difficult to coordinate the agendas of Often difficult to coordinate the agendas of multiple agencies involved in serving a single multiple agencies involved in serving a single locationlocation

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

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Which Community Justice Which Community Justice Model is Best?Model is Best?

There is no “right” answer to this There is no “right” answer to this questionquestion

Questions on p. 139 help in Questions on p. 139 help in determining the answerdetermining the answer

In the end, the key strategy for In the end, the key strategy for community justice is the one that community justice is the one that best fits the needs and assets of the best fits the needs and assets of the communitycommunity

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

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Issues in Community JusticeIssues in Community Justice

Is it fair to have poor places take on Is it fair to have poor places take on their own crime-prevention issues?their own crime-prevention issues?

Can there be equality across places?Can there be equality across places? Can there be impartiality in cases?Can there be impartiality in cases? How do you protect the rights and How do you protect the rights and

interests of individuals and interests of individuals and community minorities?community minorities?

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

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Issues in Community JusticeIssues in Community Justice

Aren’t there big problems in Aren’t there big problems in reinvestment strategies?reinvestment strategies?

Will it work or will it backfire?Will it work or will it backfire? How will community justice initiatives How will community justice initiatives

be measured to ensure funding is be measured to ensure funding is received?received?

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

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The Future of Community The Future of Community JusticeJustice

Community justice has developed deep Community justice has developed deep roots in police practice, informs most of roots in police practice, informs most of the innovation in courts, and has become the innovation in courts, and has become an important force in correctional practicean important force in correctional practice

The appeal of traditional criminal justice The appeal of traditional criminal justice remains very strongremains very strong

Community leaders have started to Community leaders have started to recognize the potential of the underlying recognize the potential of the underlying principles of community justiceprinciples of community justice

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora

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The Future of Community The Future of Community JusticeJustice

A core aspect of the future of community A core aspect of the future of community justice is evidencejustice is evidence New initiatives must be studied and their results New initiatives must be studied and their results

more fully understoodmore fully understood A second aspect of the future of community A second aspect of the future of community

justice is politicaljustice is political Finally, there is the question of whether this Finally, there is the question of whether this

new idea called community justice can new idea called community justice can retain its quality of creativity and innovationretain its quality of creativity and innovation

© 2011 Todd R. Clear, John R. © 2011 Todd R. Clear, John R. Hamilton, Jr and Eric CadoraHamilton, Jr and Eric Cadora