Criminal Justice Policy: Evidence Based or Emotionally Based?
Monday, July 27th, 2009Medicine has, for at least decades, generally moved forward on the basis of the best available evidence. What outcomes have we observed from a given surgical procedure, a particular prescription drug, or from combinations of various lifestyle choices and genetic predispositions? We consider the best evidence and we either modify our approach or stay the course.
But with crime and criminal justice we tend to throw the best available evidence out the window, preferring instead to indulge our emotions in our policy-making. Consider the recent spate of initiatives from the federal government: elimination of the already “faint hope” clause for first degree murder, expansion of the national sex registry, elimination of conditional sentences and the creation of mandatory minimum sentences for all those who distribute illegal drugs. There isn’t any reliable or credible evidence to support these initiatives. They won’t make our streets safer, they won’t deter others from involvement in crime, and they are all extremely costly, requiring the building of additional jail cells. Study after study has indicated that the overwhelming majority of sex offenders have low rates of recidivism, mandatory minimums trap addict-dealers, not drug kingpins — and the faint hope clause is currently working well; there is no suggestion of failure after release in these circumstances.