Criminal Justice

Historically, U.S. policy has been characterized by long-standing ambivalence evident in the changing emphasis placed on prohibition as the aim of drug policy, and in debate about the relative merits of various approaches to drug control. Often characterized as supply reduction versus demand reduction efforts, significant changes have occurred over time in these efforts, and in the emphasis placed on them. In the last quarter of the twentieth century, U.S. drug policy adopted a more prohibitionist stance, with increased reliance on a variety of law enforcement, and even military actions, to control the supply and use of drugs, even in the face of evidence for the effectiveness of prevention and treatment, and high costs associated with the burgeoning incarceration rates.

Capital punishment, the administration of death as a legal sanction, is a criminal-justice response to a restricted class of criminal activities that involve the killing of another human being. As a legal process, capital punishment has been modified by several landmark U.S. Supreme Court decisions. Yet, it remains a controversial penalty with factors of race, gender, socio-economic status, mental health status of the defendant, and other extra-legal factors often attributed to the sentencing decision. Social workers are increasingly used as mitigation experts or in similar types of roles for the defense team. As a profession, social work opposes the use of capital punishment. The purpose of this entry is to provide an overview of the death penalty as it is currently practiced in the United States and to review current issues and controversies surrounding its administration.

The United Nations has defined six grave violations that occur in war that impact children: killing or maiming of children, recruitment or use of children as soldiers, sexual violence against children, attacks against schools or hospitals, denial of humanitarian access for children, and abduction of children. These violations have a myriad of negative impacts on children, including biological, psychological, and social effects. Culturally appropriate support and care provided at the micro, mezzo, and macro levels can help alleviate these impacts and help children recover from these experiences.

Client violence and workplace safety are relevant issues for all social workers across practice settings. This entry addresses why and how social workers may be targets for a client's violent behavior, and what we know about who is at risk of encountering violence. Understanding violence from a biopsychosocial perspective, identifying risk markers associated with violent behavior, and an introduction to guidelines for conducting a risk assessment will be discussed. The entry concludes by identifying and describing some general strategies for the prevention of client violence.

Community violence represents a widespread concern receiving increasing attention by social workers. This article considers the problem of community violence and our present understanding of its extent and consequences. Evidence is growing that identifies risk and protective factors linked with community violence exposure, particularly those of a demographic nature. At present early evidence points to potentially helpful ameliorative and preventive strategies for social workers to consider at the micro and macro levels.

Confidentiality of client communications is one of the ethical foundations of the social work profession and has become a legal obligation in most states. Many problems arise in the application of the principles of confidentiality and privilege to the professional services provided by social workers. This entry discusses the concepts of client confidentiality and privileged communications and outlines some of the applicable exceptions. While the general concept of confidentiality applies in many interactions between social workers and clients, the application of confidentiality and privilege laws are particularly key to the practice of clinical social workers in various practice settings.

This entry includes contemporary definitions of crime, theoretical ideas about the etiology of criminal behavior, and information about the methods used to estimate crime rates in the United States. The focus of this entry is on adult prisoners. Key issues such as disproportionate minority incarceration, the acceleration in the number of women entering into the criminal justice system over the last 20 years, and the prevalence of persons with mental illnesses in the nation's jails and prisons are addressed. Current controversies and practices such as risk reduction efforts and rehabilitation strategies are described.

This entry on the adult court system in the United States discusses the foundation, structure, and authority of courts at federal, state, and local levels. The role of criminal courts, the nature of an adversarial justice system, the plea bargaining process, and the goals of sentencing are described. Innovations such as specialized courts, restorative justice approaches, and therapeutic jurisprudence are presented. Finally, several social work roles in the court system are identified.

The United States has more than 7 million adults under correctional supervision, with more than 2 million incarcerated. The history and theories behind incarceration are described, along with the current jail and prison inmate populations. Specific problems of juveniles and women are mentioned. Current trends and issues in corrections are discussed, including community-based corrections, privatization, faith-based programs, and health care. The roles of social workers in the correctional system are outlined. Comments are made on the future of incarceration.