State Supreme Courts

This webinar features a discussion of previously published research on the U.S. Supreme Court’s 2005 Booker decision - which effectively transformed the United States Sentencing Guidelines from a mandatory, to an advisory, system. The presentation will address selected research findings from the last 15 years. Individual participants will briefly review their previous research findings with particular attention paid to the analytic methods used.

Most scholars would agree that desistance from crime – the process of ceasing engagement in criminal activities – is normative. However, there is variability in the literature regarding the definition and measurement of desistance, the signals of desistance, the age at which desistance begins, and the underlying mechanisms that lead to desistance. Even with considerable advances in the theoretical understanding of desistance from crime, there remain critical gaps between research and the application of that research to practice.

Across the country, child welfare and juvenile justice systems now recognize that youth involved in both systems (i.e., dual system youth) are a vulnerable population who often go unrecognized because of challenges in information-sharing and cross system collaboration. In light of these challenges, national incidence rates of dual system youth are not known.

Researchers have devoted considerable attention to mass incarceration, specifically its magnitude, costs, and collateral consequences. In the face of economic constraints, strategies to reduce correctional populations while maintaining public safety are becoming a fiscal necessity. This panel will present strategies that states have undertaken to reduce incarceration rates while balancing taxpayer costs with ensuring public safety.

What does science tell us about case factors that can lead to a wrongful conviction? Dr. Jon Gould of American University will discuss the findings of the first large-scale empirical study that has identified ten statistically significant factors that distinguish a wrongful conviction from a "near miss." (A "near miss" is a case in which an innocent defendant was acquitted or had charges dismissed before trial). Following Dr. Gould's presentation, Mr. John R.

Since the adoption of the United Nations Convention on the Rights of the Child in 1989, great strides have been made in the areas of child protection and advocacy. However, the concept of children, and specifically adolescents, as functional and engaged citizens has also emerged. Through the guidance and recognition of adults, children can participate in deliberative democracy as legitimate and competent citizens. This citizenship, like that of adults, can be used to enrich and improve local communities by creating a sense of ownership and fairness. Dr.

Since the implementation of the Hague Convention on the Civil Aspects of International Child Abduction, thousands of abused women have faced complex litigation after seeking safety in the United States. Many have been court ordered to return their to the country from which they fled and often to their abusive partners custody. The presenters discussed the findings of an NIJ-funded study focusing on the experiences of women who as victims of domestic violence in another country, come to the U.S.

The strength of our criminal justice system depends on its ability to convict the guilty and clear the innocent. But we know that innocent people are sometimes wrongfully convicted and the guilty remain free to victimize others. The consequences of a wrongful conviction are far-reaching for the wrongfully convicted and the survivors and victims of the original crimes. 

This video, in the Crime File series, presents background material on some U.S. Supreme Court decisions pertinent to the use of the exclusionary rule in sanctioning illegal police searches and seizures (Mapp v. Ohio and Shepherd v. Massachusetts); the moderator, James Q. Wilson, poses questions to Professor Yale Kamisar, University of Michigan Law School, and D. Lowell Jensen, Associate Attorney General, U.S. Department of Justice, designed to probe the controversial implications of the exclusionary rule.