Reforming Available Dispositions Using Restorative Justice and Civil Processes

• In Event: Roundtable: Rethinking Pretrial Practice and Building a National Research Agenda for the Front End of the Criminal Justice System

Abstract

Presently, we have a limited number of dispositions that are typically available and, for the most part, nonincarcerative dispositions rely upon the probation department. Probation systems are considered elastic in that they are able to handle the myriad of people, events, and processing to meet the full needs of the justice-involved population. Yet, we must acknowledge the constraints of probation department procedures since any new case requires an intake (procedure) and then must be accommodated within current probation policies and practices. With the movement in probation systems to focus attention on higher risk and/or needs individuals that are public safety threats, not all individuals will fit into this framework. The adoption of evidence-based supervision is a positive movement since probation is likely to be more effective in protecting the public and reducing recidivism. This means that the probation system may not be able to adequately handle lower risk/need individuals within a different framework or set of processes. Overall, the justice system has not fully taken advantage of restorative justice and civil processes to address the harms from a criminal event from lower risk/need individuals. This presentation provides three potential ways to reform the array of dispositions available in the system.

Author

• Faye S. Taxman, George Mason University