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In the book After Prison - What? Maud Booth writes, "When
one thinks that this prejudice and marking of discharged prisoners robs
them of any chance of gaining a living, and in many instances forces them
back against their will into a dishonest career, one can realize how truly
tragic the situation is" (119). That was written in 1903. According
to Verne McArthur, in his book Coming Out Cold: Community Reentry from
a State Reformatory, "The released offender confronts a situation
at release that virtually ensures his failure" (1). That was written
in 1974.
Unfortunately, the conditions faced by ex-convicts today have not improved
much and may have even deteriorated since these conclusions were reached.
Fast forwarding to the present, Jeremy Travis and Joan Petersilia (2001:301)
write, "Prisoners moving through the high-volume, poorly designed
assembly line (of corrections)
are less well prepared individually
for their return to the community and are returning to communities that
are not well prepared to accept them." Additionally, there has been
a radical change in the scale of the reentry problem over the last 100
years. Nearly 600,000 individuals will be released from US prisons this
year (that is over 1,600 per day) compared to 170,000 in 1980 and only
a few thousand at the turn of the century when Booth was writing.
In addition, largely due to new "tough on crime" approaches
in paroling practice, re-entering society has been made a more difficult
and precarious transition than ever before. Of the 459,000 US parolees
who were discharged from community supervision in 2000, 42 percent were
returned to incarceration - 11 percent with a new sentence and 31 percent
in some other way (Bureau of Justice Statistics 2001). In a recent study
of 272,111 prisoners released in 15 states in 1994, 67.5 percent were
rearrested within three years, as compared to an estimated 62.5 percent
in a similar study of 1983 releases (Langan and Levin 2002). Because of
the enormous growth of the prison population since the early 1980s, this
small change translates into huge numbers. In 1980, 27,177 paroled ex-convicts
were returned to state prisons. In 1999, this number was 197,606. As a
percentage of all admissions to state prisons, parole violators more than
doubled from 17 percent in 1980 to 35 percent in 1999. In California,
a staggering 67 percent of prison admissions were parole failures (Hughes,
Wilson, and Beck 2001). These figures indicate that the reentry problem
is not only a product of the 1990's incarceration boom, but is actually
a leading cause of the boom as well. It is no wonder then that
former Attorney General Janet Reno (2000:1) referred to ex-convict reentry
as "one of the most pressing problems we face as a nation."
As such, the broad new proposals for revamping reentry policy through
a "jurisprudential lens" (Travis and Petersilia 2001:291) that
have emerged in recent years (e.g., Office of Justice Programs 1999; Travis
2000) could not be more welcome or better timed. Before leaving office,
the Clinton Administration developed a series of relatively large-scale
initiatives intended to address the reentry crisis through a scattering
of experimental pilot programs. The Clinton Administration's reentry proposals
(OJP 2001) were never fully implemented, but the Bush Administration has
developed its own reentry project (OJP 2002), which borrows much of the
content of its predecessor's plan.
Among the most significant of the new proposals 1
is the "reentry court" experiment, based on the drug court model,
which would cast judges as "reentry managers" (Travis 2000:8).
Whereas, the role of the judiciary typically ends after sentencing, the
reentry court model would move the court system into a "sentence
management" role, overseeing the convicted person's eventual return
to the community.
A reentry court is a court that manages the return to the community of
individuals being released from prison, using the authority of the court
to apply graduated sanctions and positive reinforcement and to marshal
resources to support the prisoner's reintegration, much as drug courts
do, to promote positive behavior by the returning prisoner (OJP 1999:2).
The concept of the reentry court is very much still under development,
and the pilot sites in California, Colorado, Delaware, Florida, Iowa,
Kentucky, New York, Ohio, and West Virginia all differ significantly in
their emphases and approaches. Still, the underlying premises are largely
borrowed from drug treatment courts and other problem-solving courts.
According to the Office of Justice Programs (1999:7-9), these core elements
include:
- Assessment and strategic reentry planning involving the ex-offender,
the judiciary, and other key partners - this sometimes involves the
development of a contract or treatment plan.
- Regular status assessment meetings involving both the ex-offender
and his circle of supporters or representatives from his family and
community.
- Coordination of multiple support services including substance
abuse treatment, job training programs, faith institutions, and housing
services.
- Accountability to community through the involvement of citizen
advisory boards, crime victims' organizations, and neighborhood groups.
- Graduated and parsimonious sanctions for violations of the
conditions of release that can be swiftly, predictably, and universally
applied.
- Rewards for success, especially by negotiating early release
from parole after established goals are achieved or by conducting graduation
ceremonies similar to those used in drug courts.
The working assumption is that "offenders respond positively to
the fact that a judge is taking an interest in their success" (OJP
1999:6). In addition, "The frequent appearances before the court
with the offer of assistance, coupled with the knowledge of predictable
and parsimonious consequences for failure, assist the offender in taking
the steps necessary to get his life back on track" (6). With the
explicit intention of reducing recidivism and assisting ex-offenders,
reentry courts clearly have the potential to embody the principles of
therapeutic jurisprudence (Wexler 2001) in the same way that drug treatment
courts often do (see Hora, Schma and Rosenthal 1999). Reentry court advocates
also hope that these courts will achieve the level of popular and political
support that drug courts have enjoyed.
As with any transplantation of a model from one context to the next, however,
one must be cautious about applying the drug court model to the reentry
process. After all, the success of the drug court movement in many ways
might be attributable to features unique to addiction recovery or to the
population of clients participating in the programs (i.e. non-violent,
drug-involved offenders). Pioneering drug court judge, Hon. Richard Gebelein
(2000), makes a case to this effect in trying to explain the popularity
of drug courts in an era in which there is allegedly little support for
the rehabilitative ideal. Gebelein argues that drug courts have succeeded
because, unlike previous failed rehabilitative efforts, the drug court
movement has been able to provide a clear narrative of what is causing
the criminal behavior of the drug court clients and what they need to
get better. Drug court's "advantage over 'plain old' rehabilitation,"
Gebelein (2000:3) suggests, is "the focus on one problem (addiction)
that is causally related to crime committed by one group of offenders
(addicts)." He argues that the narrative that addiction is a disease
and, as such, needs to be treated by professionals, is one that makes
sense to the public and to policy makers at this point in history.
The critical question, then, is: Is there a similar narrative for how
and why reentry should work? In this paper, we will argue that a new
narrative, which we refer to as a strengths-based or "restorative"
narrative, is emerging in multiple fields that would fit nicely with the
reentry court concept. Unfortunately, the current reentry proposals do
not seem to reflect an explicitly restorative agenda and therefore may
suffer the same fate as previous efforts to improve offender reentry processes.
REENTRY: AN INITIATIVE IN NEED OF A NARRATIVE
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Bullets kill and bars constrain, but the practice of supervision
inevitably involves the construction of a set of narratives which
allows the kept, the keepers, and the public to believe in a capacity
to control (crime) that cannot afford to be tested too frequently
(Jonathan Simon 1993).
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In his tremendous history of parole in the United States, Simon (1993:9)
writes, "One of the primary tasks of an institution that exercises
the power to punish is to provide a plausible account of what it does
and how it does what it does." This might be particularly important
for community corrections, which, as Fogel (1984:85) notes, lacks the
"forceful imagery that other occupations in criminal justice can
claim: police catch criminals, prosecutors try to get them locked up,
judges put them in prisons, wardens keep them locked up, but what do probation
officers do?" Simon argues that a good correctional narrative needs
some rather obvious components. It needs, first, a plausible theory of
criminogenesis (what causes people to commit crime?) and, second, a set
of practices that appear capable of reversing this process.
Unlike the drug court model described by Gebelein, today's reentry system
seems to have no such compelling narrative for what it does or how it
works. In fact, Rhine (1997:74) concludes that the lack of a "plausible
narrative of community-based supervision" is "the most pressing
and vexing problem facing probation and parole administrators today."
The "growing conviction that the system no longer represents a credible
response to the problem of crime" (Rhine 1997:71) has led to several
new proposals to severely curtail or even abandon parole supervision 2
entirely (e.g., Austin 2001). One of the participants
at a recent expert panel on the future of community corrections stated
this matter quite bluntly: "Public regard for probation is dangerously
low, and for the most part in most places, what passes for probation supervision
is a joke. It's conceptually bankrupt and it's politically not viable.
We have to realize that we don't have broad public legitimacy"
(Dickey and Smith 1998:3). Another participant described the public mood
toward community corrections as a "malaise." He continued, "Even
more importantly, there is a malaise in our own house [among probation
professionals]" (Dickey and Smith 1998:5).
It is in this climate that the reentry court initiative has emerged with
the promise of breathing new life into a much-maligned system of parole
and community supervision. If instituted on a broad scale, the reentry
court would represent a significant change in the structure of how the
process of prison release works. It is not clear, however, that this important
new policy initiative is being accompanied by a new policy narrative.
In fact, the discourse around these new reentry initiatives may sound
eerily familiar to those who have followed the history of parole in the
US. According to Reno (2000:3):
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The reentry court is modeled on the
theory of a
carrot and stick approach, in using the strength of the court and
the wisdom of the court to really push the issue
The message
works with us: stay clean, stay out of trouble, and we'll help you
get a job, we'll help you prepare in terms of a skill. But if you
come back testing positive for drugs, if you commit a further crime,
if you violate the conditions of your release, you're going to pay.
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This description unfortunately makes the new reentry court initiative
sound suspiciously like "simply another word for parole supervision,
which many have tried to discredit and dismantle" (Austin 2001:314).
Indeed, Reno's stick and carrot are key symbols of the two reigning paradigms
in parole practice over the last 100 years, which can be broken down into
the familiar dichotomy of punishment and welfare (Garland 1985), monitor
and mentor, or cop and social worker. We refer to these as "risk-based"
and "need-based" narratives, respectively. Both are deficit
models - that is, they emphasize convicts' problems - but they require
very different technologies and connote different meanings.
Below, we briefly outline both narratives, discussing their plausibility
as explanatory accounts and their internal coherence. In addition, using
a therapeutic jurisprudence lens, we will also evaluate each narrative
in terms of its fit with established psychological principles regarding
sustained behavior change (see Wexler 2001), and the empirical evaluation
research referred to as "what works" (Gendreau, Cullen, and
Bonta 1994). Finally, whenever possible, we will try to present the convicted
person's own interpretation of these narratives, as these subjective perceptions
are also crucial in understanding the success or failure of correctional
practice.
Control Narratives (Risk-based)
The February 2000 press release from U.S. Senator Joseph Biden's office
announcing the "first-ever" reentry court in Delaware began
with the macho headline "Biden Introduces Tough New Court Program
for Released Inmates." Getting "tough" on those who have
already "paid their debt" to society has become a standard,
if not always coherent reentry narrative. The basic story, here, seems
to be that ex-prisoners are dangerous, and they need to be watched carefully
at all times. Indeed, this implication is clear in the new name given
to the Reentry Initiative in the United States. Originally titled "Young
Offender Reentry Initiative"(OJP 2001) under the Clinton Administration,
the Bush Administration transformed the project into the "Serious
and Violent Offender Reentry Initiative" (OJP 2002) and have toughened
up the language of control substantially in their version of the proposal.
Whereas the Clinton Administration's call for proposals emphasized the
problems of substance abuse, mental illness, and stigmatization, the Bush
Administration's reworking focuses on minimizing the risks posed by the
"most predatory" ex-convicts.
This points out another important difference between drug courts and the
reentry courts. Whereas drug courts explicitly exclude violent offenders,
the reentry court plan would focus almost exclusively on persons thought
to be at risk for violence. Peyton and Gossweiler (2001) found that of
212 reporting drug courts in their study, only seven of them include persons
with violence in their criminal histories. Indeed, drug courts that receive
federal funding are prohibited from admitting offenders with current violent
charges or with prior convictions of violent felony crimes. Because of
the different public and professional assumptions about the differences
between persons convicted of violent versus non-violent crime (and in
particular, drug-related non-violent crime), treatment of these two populations
probably require different narratives.
Underlying the "risk management" approach to violence is the
assumption that returning ex-convicts will respond best to the constant
threat of sanctions (or, at any rate, if they do not, then they are too
dangerous to be out of prison). In terms of policy prescriptions, this
narrative suggests the need for an "electronic panopticon" (Gordon
1991) or "pee 'em and see 'em" (Cullen 2002) approach to reentry
involving electronic monitoring, intensive supervision (i.e., additional
home and office visits), random drug testing, home confinement, extensive
behavior restrictions, strict curfews, and expanded lengths of supervision.
The basic idea is that these forms of tough community controls can reduce
recidivism by thwarting an offender's criminal instincts.
Empirically, these prototypically "tough" community sanctions
-- intensive community supervision in particular -- have failed to live
up to the promise of the control narrative. Petersilia and Turner's (1993)
nine-state random-assignment evaluation found no evidence that the increased
surveillance in the community deterred offenders from committing crimes.
At the same time, their research quite conclusively showed that this additional
control increased the probability that technical violations would be detected,
leading to greater use of incarceration (and hence much higher costs).
Further, the control narrative has little support from the psychological
literature on behavioral change. Specific deterrence in general has long
been pronounced "dead" as a social scientific concept (see esp.
McGuire 1995), and the literature is especially critical of the notion
that prisons could serve as an effective deterrent. For instance, psychological
research on effective punishment suggests that, to be effective, punishing
stimuli must be immediate, predictable, and as intense as possible - none
of which is possible in even the most Draconian correctional intervention
(Gendreau, Goggin and Cullen 1999).
Research on effective planned change similarly suggests that power-coercive
strategies are the least likely to promote internalization and long-term
change (Chin and Benne 1976). Kelman (1958), for instance, discusses three
means of changing behavior: change via compliance, change via identification,
and change via internalization. The first strategy, utilizing power-coercive
means, may achieve instrumental compliance, Kelman says, but is the least
likely of the three to promote "normative re-education" and
long-term transformation once the "change agent" has been removed
(see also Bottoms 2000). This hypothesis is empirically supported in MacKenzie
and De Li's (2001) rigorous study of intensive supervision probation.
They write:
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The disappointing factor is the possibility that the
offenders may be influenced only as long as they are being supervised.
When probation is over, these offenders may return to their
previous levels of criminal activity because the deterrent effect
of arrest may wear off when they are no longer under supervision (37-38). |
Heavy-handed control tactics can undermine the perceived legitimacy in
paroling authorities among clients (see Tyler, Boeckmann, Smith and Huo
1997). For instance, parole conditions that include prohibitions against
associating with fellow ex-convicts or entering drinking establishments
(both of which are nearly impossible to enforce) are often viewed as evidence
that the entire parole process is a joke. Persons returning from the trauma
of prison with few resources and little hope are likely to become "defiant"
(Sherman 1993) at the "piling up of sanctions" (Blomberg and
Lucken 1994) involved in such risk-based supervision. And constant threats
that are not backed up can lead to a form of psychological inoculation.
Colvin, Cullen and Vander Ven (2002:22) write:
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Coercive interpersonal relations constitute the most
aversive and negative forces individuals encounter. These are most
likely to produce a strong sense of anger. The anger is only intensified
if the individual perceives the coercive treatment as unjust or arbitrary.
Instead of producing conformity, such coercive treatment creates greater
defiance of authority. |
Ex-convicts often feel they have paid their debt to society already and
should therefore be left alone after release. Far from endorsing a "seamless"
transition from prison control to community control, ex-convict academics
Alan Mobley and Chuck Terry (2002) write, "No one wants the separation
of prison and parole more urgently than do prisoners. When people 'get
out,' they want to be out. Any compromise or half-measure, any
'hoops' or hassles placed in their path, breeds resentment." The
extent of this resentment is apparent in the fascinating, and apparently
somewhat widespread, phenomenon of convicts choosing to "max out"
their sentences inside a prison rather than be released early and face
high levels of supervision (see also Petersilia and Deschenes 1994).
Most importantly, however, the control narrative suffers from the "deeply
entrenched view" that "equates punishment and control with incarceration,
and that accepts alternatives as suitable only in cases where neither
punishment nor control is thought necessary" (Smith 1984:171). Essentially,
if parolees are such dangerous men and need so much supervision, then
why aren't they still in prison? The average US parole officer - who has
a caseload of 69 parolees each averaging 1.6 face-to-face contacts per
month (Camp and Camp 1997) - simply cannot compete with the iron bars,
high walls and razor wire of the prison when it comes to securing constraint-based
compliance (see Bottoms 2000:92-93). Colvin and his colleagues (2002:23)
write, "Although in theory consistent coercion can prevent crime,
it is highly difficult to maintain consistent coercion in interpersonal
relations, which requires nearly constant monitoring to detect noncompliance."
As a result, of course, those who truly support a risk-centered narrative
traditionally oppose parole release altogether, supporting instead maximum
use of incapacitation.
Support Narratives (Need-based)
The traditional counter to a risk-based parole system is a program of
aftercare based on needs. Here the story is that ex-convicts are people
with multiple deficits: some resulting from their incarceration (e.g.,
post-traumatic stress, disconnection from family, unfamiliarity with the
world of work); some existing prior to incarceration (e.g., poor educational
history, psychological problems, anger issues); and some attributable
to societal forces outside of their control (e.g., discrimination, abuse,
poverty, isolation). The most significant of these deficits, in the support
narrative, are those deemed "criminogenic needs" or those problems
that seem to be empirically related to offending (cognitive deficits are
especially important here). In order to reduce crime, these needs must
be "met" or at least "addressed." Specifically, released
prisoners are thought to need access to programs in addiction counseling,
cognitive therapy, life skills training, anger management, and the like.
Like the control narrative, this account has intuitive appeal. Yet, unlike
in the case of coercive strategies of control, there is a well-known body
of research (the so-called "What Works" literature) that supports
the notion that rehabilitative interventions can marginally reduce recidivism
rates when treatment is correctly matched to a client's criminogenic needs
(see Gendreau et al. 1994). Moreover, in the few studies that ask returning
prisoners themselves what would help to keep them "straight,"
basic "survival" needs ( i.e., concerns like housing and employment)
are almost always mentioned prominently (e.g., Erickson, Crow, Zurcher,
and Connet 1973).
The support narrative, however, is a difficult sell politically. As everyone
has needs, can it make sense for the state to prioritize the needs of
persons who have recently been punished by the criminal justice system?
As Bazemore (forthcoming) argues, "The notion of someone who has
hurt another citizen
getting help or service without making amends
for what has been damaged flies in the face of virtually universal norms
of fairness." This was recently illustrated vividly in New York State,
where gubernatorial candidate Carl McCall suggested that ex-convicts should
receive help getting into college programs. During a discussion with homeless
shelter residents who complained of difficulties receiving federal assistance
for education because of their criminal records, McCall stated, "Just
because you're an ex-offender, you should not be denied education aid.
In fact, if you're an ex-offender I think you ought to get a preference."
This simple statement of the support position set off an eruption of protest
from his gubernatorial opponents, both Democratic and Republican, one
of whom said, "Now he wants ex-convicts to get preference over hard-working
students. No wonder Carl McCall was such a failure as president of the
N.Y.C. Board of Education" (Nagourney 2002:B1).
Indeed, if the State ever really tried to meet all of the needs of ex-convicts
(including financial, esteem, and self-actualization needs) and not just
those needs deemed "criminogenic," the outpouring of generosity
would surely contradict all principles of justice - let alone the controversial
notion of "less eligibility." Who would not want to go to prison
if the reward awaiting them upon release was that all their needs would
be met? Of course, the needs of ex-convicts are rarely met in the 1.6
monthly meetings with a parole officer, referral or placement orders,
and social service access that are at the heart of the casework model.
"Needs" in correctional terms have come to connote something
quite different than the way the word was defined by Maslow (1970), who
left "pro-criminal attitudes" or "criminal associates"
off his hierarchy. In their powerful essay contrasting criminogenic needs
to human needs, Tony Ward and Claire Stewart (forthcoming:4) point out:
"Even when the focus has been on offenders' needs, policy makers
tend to be concerned with reducing further crimes or the incidence of
disruptive behavior within prisons rather than the enhancement of their
well being 3 and capabilities."
In fact, needs have become synonymous with risk factors, and "meeting
needs" can often equate to expanding the net of social control. So,
for example, random mandatory drug testing for marijuana use gets framed
as meeting a person's need to stop risky behaviors. It is unclear what
is meant to represent the carrot in such treatment.
Combining Carrots and Sticks: An Odd Couple?
The traditional, middle-ground position, which appeals to Reno and many
of the contemporary reentry reformers is to resolve the pendulous mentor-monitor
debate by trying to do both. Basically, the idea is that if one combines
a control approach (which does not really work, but is assumed to have
public support) with a treatment approach (that works a little, but is
thought to lack widespread support), the end result will be a program
that is both popular and effective.
Instead, more often than not, the result of mixing such disparate goals
is a "muddle" (Dickey and Smith 1998). David Fogel (1978:10-11)
once quipped, "A parole officer can be seen going off to his/her
appointed rounds with Freud in one hand and a .38 Smith and Wesson in
the other
. Is Freud a backup to the .38? Or is the .38 carried to
'support' Freud?" The history of crime control in the 20th Century
suggests that when both tools (the therapeutic and the punitive) are available,
the latter will almost always win out or at least undermine the former
(Garland 1985). Although parents and parental guardians are comfortable
combining a disciplinary role with a social support role, this cop-and-counselor
combination may not be possible in the much more limited relationship
between the reentry court judge and the ex-convict or the parole officer
and parolee. Indeed, more often than not, interventions premised on a
combination-deficit model end up becoming "almost all stick and no
carrot" (Prison Reform Trust 1999).
Theoretically, control strategies are intended to encourage instrumental
compliance during the supervisory period, while the treatment strategies
are designed to help participants internalize new, moral values. That
is, the therapy or the job training is what is really going to work, but
without the heavy coercion, the ex-prisoners will not show up for the
treatment. And this hypothesis has some empirical support (MacKenzie and
Brame 2001; Petersilia and Turner 1993). In particular, it has been well
established that persons coerced into drug treatment programs fare equally
as well as those who enter voluntarily (Farabee, Prendergast, and Anglin
1998).
Nonetheless, coercing compliance is one thing, but coercing good behavior
is quite another. Consistent coercion may produce minimal levels of criminal
behavior but it also produces very low levels of prosocial behavior (Colvin,
Cullen and Vander Ven 2002:28). Paul Gendreau and his colleagues (1999:8-9)
argue this forcefully:
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Punishment only trains a person what not to do. If one
punishes a behaviour what is left to replace it? In the case of high-risk
offenders, simply other antisocial skills! This is why punishment
scholars state that the most effective way to produce behavioural
change is not to suppress "bad" behaviour, but to shape
"good" behavior. |
Carrot and stick models of reentry assign a largely passive role to the
ex-prisoner and hence are unlikely to inspire intrinsically motivated
self-initiative (Bazemore 1999). As such, critics argue that the operant
conditioning implied in the carrot and stick metaphor confounds blind
conformity with responsible behavior. Clark (2000:42) writes: "Compliance
makes a poor final goal for drug courts. Obedience is not a lofty goal.
We can teach animals to obey."
Moreover, coerced treatment is often resented by correctional consumers,
who prefer self-help groups to state-sponsored reform programs (Irwin
1974; Mobley and Terry 2002). The eminent social psychologist George H.
Mead (1918) explained the reason why combination control-support efforts
are doomed to failure, almost a century ago:
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The two attitudes, that of control of crime by the hostile
procedure of the law and that of control through comprehension of
social and psychological conditions, cannot be combined. To understand
is to forgive, and the social procedure seems to deny the very responsibility
which the law affirms. On the other hand the pursuit by criminal justice
inevitably awakens the hostile attitude in the offender and renders
the attitude of mutual comprehension practically impossible (592). |
In a process evaluation of the experimental Reentry Partnership Initiative,
Faye Taxman and colleagues (2002:8) found telling evidence in support
for this view. They write: "Program designers assumed offenders would
be willing to be under additional community supervision in exchange for
access to free community-based services on demand. They were surprised
when almost no one took them up on the offer." The authors conclude
that the offenders' past experiences with law enforcement, supervision
agencies, and treatment providers had "left them dubious about the
real intentions of these agencies and staff." Therefore, the authors
decide that any further "efforts to find fault, increase revocations,
or speed a return to the justice system will only undermine the reentry
goals" (8; see also Tyler et al. 1997).
Finally, the carrot and stick model of reentry fails to assign a meaningful
role to the community. Although the process of reintegration has always
had as much to do with the community as it has with the individual, carrot
and stick reintegration models focus almost exclusively on the individual
ex-prisoner. If reentry is to be a meaningful concept, presumably it implies
more than physically reentering society, but also includes some sort of
"relational reintegration" back into the moral community. Braithwaite
and Braithwaite (2001:49) list four facets of what they call "reintegration":
- Approval of the person - praise
- Respectfulness
- Rituals to terminate disapproval with forgiveness
- Sustaining pride in having the offender included as a member of
communities of care (families, the school, the law abiding community
at large).
Reintegration, then, means full inclusion in and of a wider moral community.
Social dependency and intensive supervision (or so-called carrots and
sticks) seem to be the opposite of this sort of moral and social inclusion.
STRENGTHS-BASED REENTRY: AN EMERGING NARRATIVE?
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Nobody makes the critical point: We need these people.
The country is missing something because a huge bulk of its population
is not a part of it. They have talents we need.
-- Mimi Silbert, co-founder of Delancey Street (cited in Mieszkowski
1998). |
An alternative paradigm is emerging (actually re-emerging) in social
service areas related to corrections that may be useful in re-imagining
reentry. For the sake of consistency (and not just to invent another new
term), we will refer to this as a "strengths-based" paradigm
4 (see also Bazemore 1999;
Nissen and Clark forthcoming; van Wormer 2001) - or else "restorative
reentry." 5 Strengths-based
or restorative approaches ask not what a person's deficits are, but rather
what positive contribution the person can make. Nissen and Clark (forthcoming)
caution that strengths (of youths, families, and communities) are believed
to be the most commonly wasted resources in the justice system. Strengths
need to be assessed and "targeted" in the same way that risks
and needs traditionally have been. To do so, one simply asks "How
can this person make a useful and purposeful contribution to society?"
In Jeremy Travis's (2000:7) words: "Offenders are seen as assets
to be managed rather than merely liabilities to be supervised." This
shift represents a move away from the notion of entitlement to the principle
of "social exchange" (Levrant, Cullen, Fulton, and Wozniak 1999:22)
or to what Bazemore (1999) calls "earned redemption."
Importantly, we make no pretension to "discovering" (and most
certainly not inventing) this paradigm. Strengths-based themes have been
a staple of progressive criminal justice reforms at least since the time
of Maconochie's Mark System. After a recent rejuvenation in the 1960's
and 1970's under the guise of the "New Careers Movement" (Cressey,
1965; Grant 1968), however, this theme largely disappeared from correctional
practice and rhetoric. The case being made in this section is only that
there are signs that a strengths narrative seems to be coming back in
multiple guises in the social services, and that this theme may be an
appropriate one to introduce into the reentry debate.
In the reentry context, the strengths narrative begins with the
assumption that ex-convicts are stigmatized persons, and implicitly that
this stigma (and not some internal dangerousness or deficit) is at the
core of what makes ex-convicts likely to re-offend. The "narrative
of criminogenesis" that Simon (1993) calls for, then, is clearly
based on a labeling/social exclusion story -- on which, of course, the
very idea of "reintegration" is also premised (Duffee and McGarrell
1990). Johnson (2002:319) writes, "released prisoners find themselves
'in' but not 'of' the larger society" and "suffer from a presumption
of moral contamination." To combat this social exclusion, the strengths
paradigm calls for opportunities for ex-convicts to make amends, demonstrate
their value and potential, and make positive contributions to their communities.
In the language of the New Careers movement, the goal is to "devise
ways of creating more helpers" (Pearl and Riessman 1965:88). Strengths-based
practice, like the New Careers movement before it would seek "to
transform receivers of help (such as welfare recipients) into dispensers
of help; to structure the situation so that receivers of help will be
placed in roles requiring the giving of assistance" (Pearl and Riessman
1965:88-89).
These accomplishments are thought to lead to "a sense of hope, an
orientation toward the future, and the willingness to take responsibility"
(Richie 2001:385). Moreover, such demonstrations send a message to the
community that the offender is worthy of further support and investment
in their reintegration (Bazemore 1999). Ideally, these contributions can
be recognized and publicly "certified" in order to symbolically
"de-label" the stigmatized person (see Maruna 2001: chapter
eight). Although this sort of reentry is always a challenge, it is far
more likely to occur in a reciprocal situation: one needs "to do
something to get something" (Toch 1994:71). A participant in the
Rethinking Probation conference discussed the intuitive appeal of such
a narrative:
| |
Let me put it this way, if the public knew that when
you commit some wrongdoing, you're held accountable in constructive
ways and you've got to earn your way back through these kinds of good
works,
(probation) wouldn't be in the rut we're in right now
with the public (Dickey and Smith 1998:36). |
This symbolic appeal of transforming the probationer into a "giver
rather than a consumer of help" is also evidenced by the enthusiasm
around community service as a sanction in the 1970s, especially in Europe.
Strengths-based practices: A growing trend
Indeed, the narrative seems to have become somewhat contagious, at least
among academics, over the last half-decade or so. Variations of strengths-based
practice can now be found in every form of social work practice in the
United States (Saleebey 1997) and are slowly making their way into traditional
criminal justice practice (Clark 2000, 2001; Nissen and Clark forthcoming;
van Wormer 2001). Identical paradigm shifts seem to be taking place across
a variety of other disciplines including the focus on "positive psychology,"
developmental resilience, appreciative inquiry, wellness research, solution-focused
therapy, assets-based community development, and narrative therapy. All
of these new paradigms share an anti-pathologizing approach that focuses
on building on strengths rather than correcting deficits.
In a criminal justice framework, strength approaches would ask not what
needs to be done to a person in response to an offence, but rather what
the person can accomplish to make amends for his or her actions (e.g.,
in the form of community service contributions). In the last 30 years,
virtually every US probation department has had some experience with community
service as a sanction, and it has been widely viewed as a rare penal success
story. Yet despite its origins as a rehabilitative panacea, community
service is no longer uniformly justified using a strengths narrative.
According to Bazemore and Maloney (1994:24), "punishment now appears
to have become the dominant objective of service sanctions in many jurisdictions."
Indeed, in the United Kingdom this shift has been made explicit by the
relabeling of community service as a "community punishment order."
When it is strengths-based, community service work is voluntarily agreed
upon and involves challenging tasks that could utilize the talents of
the offender in useful, visible roles (McIvor 1998).
Probation and parole projects in which offenders visibly and directly
produce things the larger community wants, such as gardens, graffiti-free
neighborhoods, less dangerous alleys, habitable housing for the homeless
have
also helped build stronger communities, and have carved channels into
the labor market for the offenders engaged in them (Dickey and Smith 1998:35).
These volunteer activities could take place both inside as well as outside
the prison. In a partnership program with Habitat for Humanity, convicts
from 75 prisons (working alongside volunteers from the community) built
over 250 homes for low-income Americans in 1999 (Ta 2000). Prisoners in
New York State have been involved in the crucial work of providing respite
care to fellow inmates dying of AIDS and other illnesses in the prison
system. In the year 2000, as part of a service learning curricula focused
on "personal responsibility and reparation," prisoners in the
state of Ohio performed more than 5 million hours of community service
work, including rehabbing low-income homes, training pilot and companion
dogs, and repairing computers to be donated to schools (Wilkinson 2001).
Perhaps most impressive among the contributions made by prisoners is the
little publicized but essential work that teams of prisoners have voluntarily
undertaken in fighting the forest fires ravaging America's national parks.
Prisoners are routinely sent into areas struck by flooding or other natural
disasters to provide support to relief efforts.
Prisoners also have initiated parenting programs - like the Eastern Fathers'
Group (EFG) that was created "by" and "for" incarcerated
fathers at a maximum-security New York State prison (Lanier and Fisher
1990). Consisting of mutual support meetings, monthly educational seminars,
and a certified parenting education course, the EFG served to heighten
participants' sense of accomplishment and responsibility. At the same
time it helped fathers work through the grief they experienced over the
loss or deterioration of family bonds. Surveys of prisoners in the United
States show that 55 percent of State and 63 percent of Federal prisoners
have children under the age of eighteen, and almost half of those parents
were living with their children at the time they were incarcerated (Bureau
of Justice Statistics 2000). Active engagement in parenting while incarcerated
is thought to provide a "stability zone" for offenders that
"softens the psychological impact of confinement" (Toch 1975)
and may help reduce recidivism and "transmit prosocial attitudes
to a future generation" (Lanier and Fisher 1990:164).
Another characteristically strengths-based role is that of the "wounded
healer" or "professional ex-" (Brown 1991:219), defined
as a person who desists from a "deviant career" by "replacing
it" with an occupation as a paraprofessional, 6
lay therapist, or counselor. Although it is impossible
to measure the true extent of the "professional ex-" phenomenon,
Brown (1991:219) estimated that around three-quarters of the counselors
working in the over ten thousand substance abuse treatment centers in
the United States are former substance abusers themselves. Describing
female "wounded healers," Richie (2001:385) writes:
| |
Most services that are successful in helping women reintegrate
into the community have hired (or are otherwise influenced by) women
who have been similarly situated. The extent to which women have a
peer and/or mentoring relationship with someone whom they perceive
is 'like them' is critical. |
In addition to such professional work, thousands of former prisoners
and addicts freely volunteer their time helping others in mutual aid groups
like Bill Sands' Seventh Step organization. Indeed, the "twelve steps"
of Alcoholics Anonymous (AA) and Narcotics Anonymous (NA), are premised
around an explicit service orientation, codified in the Twelfth Step and
the Fifth Tradition, which encourages those who find sobriety to assist
others in taking this journey. According to O'Reilly (1997:128), "next
to avoiding intoxicants," the therapeutic power of helping
is "the major premise upon which (AA) is built." AA and NA members,
who have been sober for many years often remain with the organization,
not so much because they need to receive any more counseling, but
because the act of counseling others can itself be empowering and
therapeutic. Members who stay connected to the program eventually take
on the role of sponsors and become the mentors and teachers of the next
generation of recovering addicts. AA's co-founder Bill Wilson said that
he felt that his own sobriety was dependent upon his acting as a mentor
in this way.
With little doubt, the best existing model for a strengths-based, mutual
aid society for ex-convicts outside prison is the Delancey Street program
based in San Francisco. Founded in 1971 by Mimi Silbert and ex-convict
John Maher, Delancey Street has grown from an organization consisting
of ten recovering addicts (and one criminal psychologist) living in an
apartment to a thriving organization with 1,500 full-time residents in
five self-run facilities, more than 20 businesses that double as training
schools, and an annual operating budget of close to $24 million (Boschee
and Jones 2000; Mieszkowski 1998). The program is self-supporting and
has no professional staff. Instead, taking an "each one teach one"
approach, older residents teach and train newer arrivals then utilize
these new skills to sustain the organization once the more senior residents
"graduate" into private housing and independent careers. Silbert
says residents "learn a fundamental lesson
that they have something
to offer. These are people who have always been passive
. But strength
and power come from being on the giving end" (Boschee and Jones 2000:11).
Finally, in recent years there have been several attempts to coordinate
the efforts and energies of a variety of such mutual aid groups in the
name of creating lasting social change. In what is being called the "New
Recovery Movement" (White 2001:16), wounded healers are also beginning
to become "recovery activists," turning their "personal
stories into social action" (19), and turning "recovery outwards"
(19). Instead of working solely on their own addiction problems, recovering
persons and their supporters would mobilize their strengths in order to
change "the ecology of addiction and recovery" (White 2001:19).
These and other mutual aid efforts are thought to help transform individuals
from being part of the problem into being part of the solution as they
give their time in the service of helping others.
Theoretical and empirical support for the "helper principle"
Although these activities can be justified on many grounds, one of the
central theoretical premises all of these strengths-based practices share
is some faith in the "helper principle" (Pearl and Riessman
1965). Promoted in the 1960's New Careers Movement, the helper principle
simply says that it may be better (that is, more reintegrative) to give
help than to receive it (see also Cullen 1994:543-544). The alleged benefits
of assuming the role of helper include a sense of accomplishment, grounded
increments in self-esteem, meaningful purposiveness, and a cognitive restructuring
toward responsibility (Toch 2000). Rather than coercing obedience, strengths-based
practices are thought to develop intrinsic motivations toward helping
behaviors -- what Nissen and Clark (forthcoming:70) call the "difference
between compliance and growth." Clients are supposedly "turned
on" to prosocial behavior through involvement with activities that
utilize their strengths. In the words of Alexis de Tocqueville (1835/1956:197),
"By dint of working for one's fellow-citizens, the habit and the
taste for serving them is at length acquired." In addition, as part
of a helping collective, the "wounded healer" or community volunteer
is thought to obtain "a sense of belonging and an esprit de corps"
(Pearl and Riessman 1965:83). According to the helper principle, all these
experiences should be related to successful reintegration and social inclusion.
Recent research on desistance from crime might provide some indirect empirical
support for this claim. For instance, as is well known, Sampson and Laub
(1993) found that one-time offenders who were employed and took responsibility
for providing for their spouses and children were significantly more likely
to desist from crime than those who made no such bonds. A less well known
finding of their research was that desistance was strongly correlated
with assuming financial responsibility for one's aging parents or siblings
in need as well (Sampson and Laub 1993:219-220). One way to interpret
these findings might be to hypothesize that nurturing behaviors may be
inconsistent with a criminal lifestyle. Indeed, Lynne Goodstein speculates
that women's traditional responsibility for other family and community
members may be one reason that females are so dramatically under-represented
in criminal statistics (cited in Cullen 1994).
Moreover, quasi-experimental evaluations of community service sentencing
consistently show that it outperforms standard probation and other sanctions
in reducing recidivism (Rex 2001; Schneider 1986). Further, McIvor (1998)
found that people who viewed their experience of community service as
"rewarding" had lower rates of recidivism than those who found
it a chore, indicating that this impact is less about deterrence and more
likely something to do with pro-social modeling or moral development (Van
Voorhis 1985). McIvor (1998) writes, "In many instances, it seems,
contact with the beneficiaries gave offenders an insight into other people,
and an increased insight into themselves;
greater confidence and
self-esteem;
(and) the confidence and appreciation of other people"
(McIvor 1998:55-56; cite in Rex 2001).
More recently, longitudinal studies have tried to assess the long-term
impact of volunteer work on life course trajectories. Uggen and Janikula
(1999) investigated the question of whether involvement in volunteer work
can induce a change in a person's likelihood of antisocial conduct. They
found a robust negative relationship between volunteer work and arrest
even after statistically controlling for the effects of antisocial propensities,
prosocial attitudes, and commitments to conventional behavior. Uggen and
Janikula (1999:355) conclude:
| |
What is it about the volunteer experience that inhibits
antisocial behavior? We suggest that the informal social controls
emphasized in social bond, social learning, and reintegrative theories
are the mechanism linking volunteer work and antisocial behavior.
Informal social controls are consonant with Tocquevillian conceptions
of "self-interest, rightly understood," in which volunteers
are gradually socialized or "disciplined by habit rather than
will." |
Finally, Maruna's (2001) research on the psychology of desistance from
crime offers further evidence of a link between a "generative"
identity and criminal reform. In a clinical comparison of successfully
and unsuccessfully reformed ex-convicts, Maruna found that those who were
able to "go straight" were significantly more care-oriented,
other-centered and focused on promoting the next generation. They tried
to find some meaning in their shameful life histories by turning their
experiences into cautionary or hopeful stories of redemption, which they
shared with younger offenders in similar situations. Whereas active offenders
characterized themselves as being doomed or predestined to failure, reformed
offenders had an almost overly optimistic sense of control over their
future and strong internal beliefs about their own self-worth. In short,
their personal narratives (the stories they told about how they were able
to "go straight") resembled "strength narratives"
far more than control or support narratives. Indeed, the latter seemed
to characterize the narratives of active offenders.
None of this research is firm evidence in favor of the "helper principle."
In particular, although these studies may suggest a basic incompatibility
between helping activities and criminal lifestyles, they tell us little
about how to "create more helpers." Indeed, the lack of research
on mutual aid organizations, self-help groups, and informal mentoring
and parenting among convicts and ex-convicts is rather startling considering
how much research is funded each year to examine the impact of greater
controls and, less frequently, treatment programming (see Uggen and Piliavin
1998:1421-1422). Still, as a narrative - that is, a theoretical premise
- the restorative idea of "earned redemption" seems to have
at least some plausibility from the limited research that exists.
A STRENGTHS-BASED REENTRY COURT
| |
Become future focused: the past, and the focus on
past failures, can open the door to demoralization and resignation-hope
is future based.
-- Michael D. Clark (2001:23) |
Strengths-based practices and principles may be uniquely suited to the
new reentry court idea. First, unlike traditional jurisprudence, reentry
courts would presumably be future-oriented rather than focused on the
past. Determining guilt and devising a fair response to a criminal act
are responsibilities that belong to other courts. The reentry court's
role might more reasonably be understood as dispensing "reintegration"
- not release from prison or supervision (as is the traditional role of
the parole board), but rather a release from the stigma of the original
conviction. The work of re-entry, then, would be the facilitation of opportunities
to make amends for what one has done and the recognition of these contributions
and accomplishments. True to its name, then, the reentry court could become
a "court of redemption," through which a stigmatized person
has the opportunity to formally "make good."
Rewarding positive achievements, rather than punishing violations, is
an unusual role for the courts. Parole as it is currently practiced focuses
almost entirely on detecting and punishing failure - even though the "what
works" principles suggest that positive reinforcement should outweigh
punishment by a 4:1 ratio (Gendreau et al. 1994). As conformity is all
that is required of deficit-based parole, it makes little sense to commend
or acknowledge persons simply for doing what they are supposed to and
following the rules. Indeed, the primary "reward" available
in parole today is to "get off" parole early, a particularly
strange and unceremonious process.7
Alternatively, a strengths-based reentry court might be modeled on Braithwaite's
(2001:11) notion of "active responsibility": "Passive responsibility
means holding someone responsible for something they have done in the
past. Active responsibility means the virtue of taking responsibility
for putting things right for the future." The court would not be
concerned with past offenses, misbehavior in prison or even violations
of parole. All of these crimes and misdemeanors are properly punished
by other authorities. The focus, instead, would be on monitoring, recording,
and judging what the individual has done to redeem him or herself through
victim reparation, community service, volunteer work, mentoring, and parenting.8
Witnesses would be called, testimony would be offered,
tangible evidence would be produced - not in the name of establishing
guilt or innocence, but rather in order to assess the contribution being
made by the returning prisoner both in prison and afterwards. The reentry
court could then be the setting for a "public recognition ceremony"
acknowledging these contributions and accomplishments as "a milestone
in repaying (one's) debt to society" (Travis 2000:9).
With no powers to punish, a strengths court, then, would be more a challenge
to returning ex-convicts than a threat. That is, the ex-offender would
be given an opportunity to be publicly and formally reintegrated if they
were willing to pay a debt to society in terms of their service and contribution.
Winick (1991:246) refers to this as "harnessing the power of the
bet":
| |
Many people do not respond well when told to do so.
Unless they themselves see merit in achieving the goal, sometimes
even when the costs of non-compliance are high, they may well resent
pressure imposed by others and refuse to comply or may act perversely
in ways calculated to frustrate achievement of the goal. By contrast,
the offer to wager can be accepted or rejected. The choice is up to
the individual. The law strongly favors allowing such choice, rather
than attempting to achieve public or private goals through compulsion. |
Winick (1991:247) argues that, unlike coerced compliance, this challenge
model is likely to mobilize "the self-evaluative and self-reinforcing
mechanisms of intrinsic motivation" and effect "lasting attitudinal
and behavioral change in the individual."
The notion of rewarding success, of course, is a key component of the
reentry court idea. In drug treatment courts, 9
"applause is common" and "even judicial
hugs are by no means a rare occurrence" (Wexler 2001:21). Travis
(1999:133) asserts that "the court should use positive judicial reinforcement
by serving as a public forum for encouraging pro-social behavior and for
affirming the value of individual effort in earning the privilege of successful
reintegration." In the experimental Reentry Partnership Initiatives,
successful "reentry graduates" may eventually move from being
"recipients of services" to acting as role models and "guardians"
for newly released offenders just entering the structured reentry phase
of the process (Taxman, et al. 2002:18; similar recommendations were proposed
by Erickson et al. 1973:103-105). Among other program requirements, each
participant in Richland County, Ohio's new reentry court is required to
complete 300 hours of community service work that commences upon incarceration
(Wilkinson 2001). Finally, all reentry courts are required to outline
milestones in the reentry process (such as the completion of this sort
of volunteer work) that would trigger recognition and an appropriate reward
(Office of Justice Programs 1999).
A strengths approach would probably take this further, and following Johnson
(2002:328) would recast the reentry court process as "a mutual effort
at reconciliation, where offender and society work together to make amends-for
hurtful crimes and hurtful punishments-and move forward." Braithwaite
and Braithwaite (2001:16) have argued that praise may work in the exact
opposite form that shaming does. That is, while it is better to shame
an individual act and not the whole person, it may be better to praise
the whole person than the specific act.
| |
So when a child shows a kindness to his sister, better
to say 'you are a kind brother' than 'that was a kind thing you did'.
(P)raise that is tied to specific acts risks counter productivity
if it is seen as an extrinsic reward, if it nurtures a calculative
approach to performances that cannot be constantly monitored.
Praising
virtues of the person rather than just their acts
nourishes a
positive identity (Braithwaite and Braithwaite 2001:16). |
According to Makkai and Braithwaite (1993:74), such praise can have "cognitive
effects on individuals through nurturing law-abiding identities, building
cognitive commitments to try harder, encouraging individuals who face
adversity not to give up
and nurturing belief in oneself."
As such, the strengths-based reentry court would need to go beyond the
occasional rewarding of specific acts of service and instead build gradually
to a more holistic "earned redemption" of the participant's
character and reputation. This might take the shape of a "status
elevation ceremony" that could "serve publicly and formally
to announce, sell, and spread the fact of the Actor's new kind of being"
(Lofland 1969:227). In such rituals, "Some recognized member(s) of
the conventional community must publicly announce and certify that the
offender has changed and that he is now to be considered essentially noncriminal"
(Meisenhelder 1977:329). These need not be once-off occasions. Just as
Braithwaite and Braithwaite (2001) propose that reintegration ceremonies
may need to occur more than once, multiple certification rituals may be
needed in multiple domains in order to counteract the stigma faced by
former prisoners. If endorsed and supported by the same social control
establishment involved in the "status degradation" process of
conviction and sentencing, this public redemption might carry considerable
social and psychological weight for participants and observers (Maruna
2001:chapter eight).
Most importantly, the reward would also involve the "expiration"
of the individual's criminal history -- allowing the person freedom from
having to declare previous convictions to potential employers, licensing
bodies, or other authorities and to resume full citizenship rights and
responsibilities.10 The ultimate
prize, then, for (proactive) "good behavior" would be permission
to legally move on from the past and wipe the slate clean. This, it seems,
may better represent the definition of "reintegration."
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ABOUT THE AUTHORS
Shadd Maruna is a lecturer (assistant professor)
at the Institute of Criminology at the University of Cambridge in the
United Kingdom. His book Making Good: How Ex-convicts Reform and Rebuild
Their Lives (American Psychological Association Books, 2001) was awarded
the American Society of Criminology's Michael J Hindelang Award for Outstanding
Contribution to Criminology in 2001. In addition to his work on prisoner
reentry and reintegration, he is involved in research on the psychology
of punitive attitudes amongst the public. back
Thomas P. LeBel is a Ph. D. candidate at
the School of Criminal Justice, University at Albany, SUNY. His research
interests include prisoner reintegration and how ex-convicts overcome
stigma. He has been a research assistant/interviewer on a Columbia University
study on the conditions of prison confinement for juveniles and an evaluation
of Father Peter Young's Housing, Industry and Treatment program in New
York State. Tom also has several publications forthcoming (with Shadd
Maruna and Charles Lanier) on the subject of desistance from crime and
prisoner reentry. back
Contact Information
Shadd Maruna. Institute of Criminology, University of Cambridge,
7 West Road, Cambridge, CB3 9DT, United Kingdom; Phone: 011.44.1223.763.101;
email sm457@cam.ac.uk URL
http://www.crim.cam.ac.uk/staff/ShaddMaruna.html
Thomas LeBel. School of Criminal Justice, State University of
New York at Albany, 135 Western Avenue, Albany, NY 12222; email TLeBel65@cs.com
The authors would like to thank Gordon Bazemore, Ros
Burnett, Carrie Petrucci, Hans Toch, Jeremy Travis, Tony Ward, and David
Wexler for their insights and comments on earlier drafts.
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