How the Criminal Justice System's COVID-19 Response has Provided Valuable Lessons for Broader Reform: Looking to the Future

Vermeer, Michael J. D.; Woods, Dulani; Banks, Duren; Goodison, Sean E.; Russo, Joe; Barnum, Jeremy D.; Gourdet, Camille; Langton, Lynn; Planty, Michael; Shelton, Shoshana R.; Sitar, Siara I.; Witwer, Amanda R.

doi:10.7249/rba108-6

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“…Beyond state and local changes to law and policy, the COVID-19 pandemic has had ripple effects on the functioning of criminal legal systems. Across the United States, jurisdictions changed operating policies to address the public health threat of the pandemic by reducing exposure between police and citizens as well as reducing exposure within jail and prison settings (Jackson et al, 2021 ). A prosecutor from Chicago noted that in the wake of COVID-19, police were issuing tickets instead of making arrests, a shift in policy that allowed (at least for a period) police to have less contact with people with mental illnesses.…”

Section: Resultsmentioning

confidence: 99%

Contexts shaping misdemeanor system interventions among people with mental illnesses: qualitative findings from a multi-site system mapping exercise

et al. 2023

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Background People with mental illnesses are disproportionately entangled in the criminal legal system. Historically, this involvement has resulted from minor offending, often accompanied by misdemeanor charges. In recent years, policymakers have worked to reduce the footprint of the criminal legal system. This paper seeks to better understand how misdemeanor systems intervene in the lives of people with mental illnesses. Methods System mapping exercises were conducted with misdemeanor system stakeholders from the jurisdictions of Atlanta, Chicago, Manhattan, and Philadelphia. Narrative detail on decision-making and case processing, both generally and in relation to specific types of behavior, including trespassing, retail theft/shoplifting, and simple assault, were coded and analyzed for thematic patterns. Based on the qualitative analysis, this paper offers a conceptual diagram of contexts shaping misdemeanor system interventions among people with mental illnesses. Results All four sites have been engaged in efforts to reduce the use of misdemeanor charges both generally and in relation to people with mental illnesses. Decision-makers across all sites experience contexts that shape how, when, and where they intervene, which are: (1) law and policy environments; (2) location of the behavior; (3) expectations of stakeholders; (4) knowledge of mental illnesses; and (5) access to community resources. Law and policy environments expand or constrain opportunities for diversion. The location of offending is relevant to who has a stake in the behavior, and what demands they have. Clinical, experiential, and system-level knowledge of mental illnesses inform a chain of decisions about what to do. The capacity to address mental health needs is contingent on access to social services, including housing. Conclusion People making decisions along the criminal legal continuum are critical to illuminating the dynamic, inter-related contexts that facilitate and frustrate attempts to address defendants’ mental health needs while balancing considerations of public safety. Multi-sector, scenario-based or case study exercises could help identify concrete ways of improving each of the contexts that surround whole-of-system decisions.

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Section: Resultsmentioning

confidence: 99%