Monday, February 01, 2010

Prisoners of Parole

While this doesn't directly relate to schools (though the part I've underlined in bold is certainly true of discipline at No Excuses schools), I found this NYT Magazine article from a few weeks ago about new strategies to reduce recidivism among parolees to be absolutely fascinating:

The HOPE program was so successful that it inspired scholars to evaluate its methods. Within a six-month period, the rate of positive drug tests fell by 93 percent for HOPE probationers, compared with a fall of 14 percent for probationers in a comparison group.

Alm had stumbled onto an effective strategy for keeping people out of prison, one that puts a fresh twist on some venerable ideas about deterrence. Classical deterrence theory has long held that the threat of a mild punishment imposed reliably and immediately has a much greater deterrent effect than the threat of a severe punishment that is delayed and uncertain. Recent work in behavioral economics has helped to explain this phenomenon: people are more sensitive to the immediate than the slightly deferred future and focus more on how likely an outcome is than how bad it is. In the course of implementing HOPE, Alm discovered another reason why the strategy works: people are most likely to obey the law when they're subject to punishments they perceive as legitimate, fair and consistent, rather than arbitrary and capricious. "When the system isn't consistent and predictable, when people are punished randomly, they think, My probation officer doesn't like me, or, Someone's prejudiced against me," Alm told me, "rather than seeing that everyone who breaks a rule is treated equally, in precisely the same way."

Judge Alm's story is an example of a new approach to keeping people out of prison that is being championed by some of the most innovative scholars studying deterrence today. At its core, the approach focuses on establishing the legitimacy of the criminal-justice system in the eyes of those who have run afoul of it or are likely to. Promising less crime and less punishment, this approach includes elements that should appeal to liberals (it doesn't rely on draconian prison sentences) and to conservatives (it stresses individual choice and moral accountability). But at a time when the size of the U.S. prison population is increasingly seen as unsustainable for both budgetary and moral reasons — the United States represents 5 percent of the world's population and nearly 25 percent of the world's prison population — the fact that this approach seems to work may be its biggest draw.

The HOPE program, if widely adopted as a model for probation and parole reform, could make a surprisingly large contribution to reducing the prison population. In many states, the majority of prison admissions come not from arrests for new crimes, as you might think, but from probation and parole violations. Nationwide, roughly two-thirds of parolees fail to complete parole successfully.

----------------------

Prisoners of Parole

By JEFFREY ROSEN

Published: January 8, 2010

www.nytimes.com/2010/01/10/magazine/10prisons-t.html

IN 2004, STEVEN ALM, a state trial judge in Hawaii, was frustrated with the cases on his docket. Nearly half of the people appearing before him were convicted offenders with drug problems who had been sentenced to probation rather than prison and then repeatedly violated the terms of that probation by missing appointments or testing positive for drugs. Whether out of neglect or leniency, probation officers would tend to overlook a probationer's first 5 or 10 violations, giving the offender the impression that he could ignore the rules. But eventually, the officers would get fed up and recommend that Alm revoke probation and send the offender to jail to serve out his sentence. That struck Alm as too harsh, but the alternative — winking at probation violations — struck him as too soft. "I thought, This is crazy, this is a crazy way to change people's behavior," he told me recently.

 Subscribe in a reader