A Journal of Mormon Scripture 28
November 12, ; The Marshall Project As a bipartisan effort at criminal justice reform gains traction at the federal level in the wake of the departure of US Attorney General Jeff Sessions, we must show gratitude to the nonprofits and public agencies across the country that kept reform efforts alive in practice during decades of increased mass imprisonment.
This network of programs, working with various longstanding models showing proven success, provides a rich, informative knowledge base about how things work on the ground in various combinations.
The Marshall Project describes the study thoroughly: The research, by the nonprofit RAND Corporation and the University of Pennsylvania Law School, found that defendants offered holistic services were about 16 percent less likely to get locked up.
They were also expected to serve 24 percent shorter jail and prison sentences—without leading to any increase in crime. In drug cases, those represented holistically saw their likelihood of serving time decrease by 25 percent; expected sentence lengths were reduced by 63 percent.
Over 10 years, defendants under the holistic model spent 1. About 4, people who otherwise would have gone to jail avoided it completely. The study took advantage of a natural experiment occurring in Bronx courtrooms every day. They are randomly assigned the cases, ensuring an essentially pure comparison despite the many confounding variables of the criminal justice system.
As practiced by the Bronx Defenders, who pioneered it in the late s, each client gets a team of lawyers, social workers, and other advocates to help address the reasons a client ended up in court in the first place.
This type of intervention is naturally more expensive in the short term than traditional defense work, and though many other programs strive to be holistic, the Bronx Defenders acknowledge that their efforts benefit from their geography.
Not every jurisdiction in America can afford—or has the political will to provide—this caliber of legal services to poor people.
In rural areas, social workers, drug treatment providers, and mental health services are few and far between, let alone high-quality lawyers. The criminal justice system as it stands is stacked firmly against communities of color.
It would take a systemic overhaul to address the issues BD team members help clients navigate, like immigration and housing barriers, and that might mean restorative justice practices and the decriminalization of poverty.
The difficulty and expense involved with putting together a case in a holistic manner should itself demonstrate a need for deeper change. Unfortunately, the cost associated with the program is a barrier to scaling it. Despite this, public legal representation is chronically underfunded, and where government is responsible for the budget, shortfalls are sure to exist.
Court systems striving for efficiency under a crushing workload have led to a staggeringly high percentage of clients who plead guilty in order to get shorter sentences, and public attorneys who spend only minutes, if that, with each client.
Nevertheless, holistic defense is spreading. And founder Robin Steinberg has moved to Oklahoma and started another organization in Tulsa called Still She Rises to implement holistic defense for incarcerated mothers. In the end, says the report, the holistic model saves public funds in the long run.
More importantly, it is a step toward transforming a system that has decimated many communities into one that provides solutions for families, and that is priceless.The study comprised mentors and mentees who met the inclusion criteria and volunteered to participate.
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