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Course Title: Criminal Justice Social

Work
Course No. BSSW 411

Course Instructor:
Comdr. Demelash Kassaye (PhD)
Associate Professor of Social Work and Social
Development

Dr. Demeleash Kassaye, Associate Professor 1


of Social Work and Social Development
• Chapter One: Criminal Justice Social Work
and Crime

Dr. Demeleash Kassaye, Associate Professor 2


of Social Work and Social Development
What meant by social work is?
Social work is a practice-based profession and
an academic discipline that promotes social
change and development, social cohesion, and
the empowerment and liberation of people.

Dr. Demeleash Kassaye, Associate Professor 3


of Social Work and Social Development
What meant by criminal justice is?
Criminal justice is the delivery of justice to those
who have been accused of committing crimes.
The criminal justice system is a series of
government agencies and institutions taking
part in the judicial system.
Goals include the rehabilitation of offenders,
preventing other crimes, and moral support for
victims.

Dr. Demeleash Kassaye, Associate Professor 4


of Social Work and Social Development
The primary institutions of the criminal justice
system are the police, prosecution, courts, defense
lawyers, and the prison system.
It in general comprises the services given by the
police, court, correction and victim services.

Dr. Demeleash Kassaye, Associate Professor 5


of Social Work and Social Development
What is Criminal Justice Social Work?
There is no widespread formal agreement
on a definition of the term criminal justice
social work.
Social work has since evolved as an essential
component of criminal justice systems in
most countries and is also referred to as
forensic social work, probation social
work, correctional social work, parole
social work, domestic violence social
work, victim assistance counselling and
criminal justice social work.
Dr. Demeleash Kassaye, Associate Professor 6
of Social Work and Social Development
Forensic social work is defined as social work
involving the law – both criminal and civil,
and the legal system.
Forensic social work focuses predominantly on
service delivery where offenders enter the
criminal justice system and adjucation.

Dr. Demeleash Kassaye, Associate Professor 7


of Social Work and Social Development
The criminal justice system is comprised of
complex organizations that interact with
offenders and victims.
However, the criminal justice system addresses
much more than crime.
Most often, three components of the criminal
justice system are identified and described.
These three components are law enforcement,
court, and corrections.

Dr. Demeleash Kassaye, Associate Professor 8


of Social Work and Social Development
Alexander suggested that law enforcement has the
responsibility of arresting individuals who commit
crimes; corrections oversee incarceration, community
– based supervision, and monitoring; and state
legislatures and congress have the responsibility for
defining criminal act and punishment guidelines.

The four subsystems that form the criminal justice system


are therefore: legislation, law enforcement, courts and
corrections.

Dr. Demeleash Kassaye, Associate Professor 9


of Social Work and Social Development
Criminal Justice Practice Approach
The definition delineates Criminal Justice Social
Work as a specialized practice approach with
three important functions unique to the field of
criminal justice
• Identifying and addressing offending
behaviour
• Reducing the risk of re-offending; and
• Restoring those that have been injured and
affected by crime

Dr. Demeleash Kassaye, Associate Professor 10


of Social Work and Social Development
Identifying and addressing offending
behaviour
This entails the comprehensive assessment and
detailed description of criminal behaviour in
relation to the cause of the crime and the
factors that underlie the offence.
It also involves delivering offence-specific
programming, with interventions and services
to address this behaviour.

Dr. Demeleash Kassaye, Associate Professor 11


of Social Work and Social Development
• Offender assessment relates to the collection
of detailed information about the offender's
crime, the contributing factors of crime,
offending behaviour, emotional and physical
health, social roles and other factors
bearing upon the offender’s problem
situation.

Dr. Demeleash Kassaye, Associate Professor 12


of Social Work and Social Development
Reducing the risk of re-offending
Many observed that ‘there is an ever-expanding
corpus of firm of empirical support to show that
offender rehabilitation can help reduce the risk
of re-offending.

Dr. Demeleash Kassaye, Associate Professor 13


of Social Work and Social Development
Underpinning offender rehabilitation is the risk-
need - responsivity (RNR) model.
This is perhaps the most influential model for the
assessment and treatment of offenders.
The RNR is based on three principles
– the risk principle asserts that criminal behaviour
can be reliably predicted and that treatment
should focus on the higher risk offenders

Dr. Demeleash Kassaye, Associate Professor 14


of Social Work and Social Development
– the need principle highlights the importance of

criminogenic needs in the design and deliver of

treatment; and

– the responsively principle describes how the

treatment should be provided

Dr. Demeleash Kassaye, Associate Professor 15


of Social Work and Social Development
Restoring those that have been injured and
affected by crime
The role of criminal justice social work is
transformed when the focus shifts from crime
being a violation of the state to crime being a
violation of the person
From the restorative perspective, ‘crime first of
all is a harm done to people and communities,’.

Dr. Demeleash Kassaye, Associate Professor 16


of Social Work and Social Development
Harm done must be repaired and as a result, victim
support and healing become key priorities of any social
work intervention.
Offender accountability and responsibility is important in
this context.
If crime is essentially about harm, then, accountability
must encourage offenders to understand their
consequences of their actions.

Dr. Demeleash Kassaye, Associate Professor 17


of Social Work and Social Development
CRIME, LAW AND THE CRIMINAL
JSTICE SYSTEM
Myth and Reality
Myth: some behaviors are so wrong that they are
crimes in all societies.
Reality: It is not the nature of an act that makes
that a crime; it is the nature of society that
defines a particular act as a crime in that society

Dr. Demeleash Kassaye, Associate Professor 18


of Social Work and Social Development
1.1. The rules that bind: Norms and Law
A norm is a role that makes clear what behaviors
is appropriate and expected in a particular
situation
If for example, it is the norm to arrive at
meetings on time, being late violates the norm.
The term abnormal connotes deviance, the
violation of a norm (the prefix “ab” means
“away from,”) so abnormal means “away from
the norm”).

Dr. Demeleash Kassaye, Associate Professor 19


of Social Work and Social Development
No behavior is inherently deviant – that is
deviant solely by virtue of its nature.
Rather, whether a particular act is considered
deviant depends on many factors, including:
Context
Place
Time and;
Who is judging it
Let us consider the following example, how a
behavior’s deviance depends on the context in
which it occurs.
Dr. Demeleash Kassaye, Associate Professor 20
of Social Work and Social Development
For example, if you were to spit on a street around Sidist
kilo, people might frown at you, but you would not be
arrested for it.
But if you were urinate in the street, you would be violating a
formal violation of the capital city, Addis Ababa and could
face criminal prosecution in a municipal court.
However our ideas for deviance is changing over time. For
example, before the 1960s in Ethiopian society, being
divorced conferred the status of deviant in society.

Dr. Demeleash Kassaye, Associate Professor 21


of Social Work and Social Development
In other words, there is nothing inherently deviant in
getting divorced: society found it deviant until the
1970s, then our attitudes changed.

Norms also vary from group to group within a society.

While some may consider being covered in tattoos


deviant, it is the norm within many gangs and among
professional athletes.

Dr. Demeleash Kassaye, Associate Professor 22


of Social Work and Social Development
A social norm specifies how people are expected to
behave.
Informal social norms, are social rules that are not written
but that we nonetheless know and follow.
We learn them from parents, peers, and teachers. In
Ethiopian societies, informal social norms include giving
priority to elders whenever they are and not eating any
food on a street.
Smoking sigarete and chewing khat on street are not
accepted in the social norms among the Ethiopian people.
Formal Social Norms: also called legal norms, are
formally written.

Dr. Demeleash Kassaye, Associate Professor 23


of Social Work and Social Development
Formal norms forbid theft and assault, for instance.

Although not all deviance from norms constitutes a


crime, violation of formal norms, or laws, sets the
criminal justice system in motion.

In fact informal social norms evolve into norms.


Because it is laws that determine what crimes are,
we need a closer look at how these legal norms
come about.
Dr. Demeleash Kassaye, Associate Professor 24
of Social Work and Social Development
• Break time for 30 minutes

Dr. Demeleash Kassaye, Associate Professor 25


of Social Work and Social Development
What is crime?

What constitutes crime?

The answer to this question is not as obvious as


it may seem.

Certainly, a crime is an act that breaks a law.


But this description, though concise, does not
help us understand the complexity of
classifying criminal behavior.
Dr. Demeleash Kassaye, Associate Professor 26
of Social Work and Social Development
Myth/Reality
Myth: People are either criminal or not
Reality: Virtually all people commit crimes at
some point in their lives.
Whether we consider them criminals depends
largely on what offenses they commit.

Dr. Demeleash Kassaye, Associate Professor 27


of Social Work and Social Development
Overview of Crimes
Siegel (2010, see p. 15) summarized three types of major
crime
1. Violent crime in which serious injury or death has
occurred. Examples include homicide, intimate
partner violence, gang violence, and hate crimes

Dr. Demeleash Kassaye, Associate Professor 28


of Social Work and Social Development
1. Public order crimes violate society’s norms and morality.
Examples include sex crimes such as prostitution, and
drug and pornography trafficking
2. Economic crimes provide an economic benefit to the
individual committing the crime. Examples include
property thefts such as stealing and burglary

Dr. Demeleash Kassaye, Associate Professor 29


of Social Work and Social Development
1.2.1. Can Crimes be Inherently Wrong?

A crime is refereed to as mala in se if it categorized, as its


Latin name suggest, as an “evil unto itself,” a behavior that
is morally wrong.

This definition implies that a given behavior should be


wrong in any context, even if there were no law against it.

However, as there is not such thing as an inherently deviant


act, there is no such thing as inherently criminal act.

Dr. Demeleash Kassaye, Associate Professor 30


of Social Work and Social Development
Society creates crime in the same way it creates
deviance – by labeling specific behaviors as such.
Thus, behaviors considered criminal in one
country may be not only legal in another country
but the norm.
Because no behavior is criminal until society
makes it so, distinguishing a category of crime
as mala in se can be confusing.
We discuss this category of crime here because it
(Mala in se) is a term often used by the researchers
and practitioners in the field of criminal justice.

Dr. Demeleash Kassaye, Associate Professor 31


of Social Work and Social Development
Traditionally, mala in se offenses are seen as a violation

of basic universal social value.

On the surface, it may seem reasonable to identify acts

such as forcible rape as violating some universal code of

morality.

Dr. Demeleash Kassaye, Associate Professor 32


of Social Work and Social Development
But no universal code of social justice exists. For
example, historically the victim of a sexual assault was
not considered the woman herself but rather her
husband, father, or brother.

What about the victim? Illustrates that the definition of


sexual assault crimes is influenced not only by time
period but also by the understanding of the victim and
her relationship to the perpetrator.

Dr. Demeleash Kassaye, Associate Professor 33


of Social Work and Social Development
1.2.2. Crimes Prohibited by Law

Mala prohibita crimes, also know as statuary

crimes, are acts that are criminal because they are

prohibited by law.

Mala prohibita crimes reflect public opinion at a

particular moment in time.


Dr. Demeleash Kassaye, Associate Professor 34
of Social Work and Social Development
Laws against adultery provide a case in point.

Historically, when a married person had

consensual sexual relations with someone

outside the marriage, the punishment could

be death.

Dr. Demeleash Kassaye, Associate Professor 35


of Social Work and Social Development
Under some laws today, such as strict Islamic Law (known
as Shariah) adulteress can still be executed.

Although adultery remains illegal in many countries today,


penalties are relatively minor and are rarely enforced.

What motivates a society to criminalize some behaviors and


not others?

Two predominant points of view about how crimes become


defined capture the essence of this divergence: the consensus
perspective and the conflict perspective.
Dr. Demeleash Kassaye, Associate Professor 36
of Social Work and Social Development
Consensus and Conflict Perspectives
Consensus Perspective: a view of crime that sees laws as
the product of social agreement or consensus about what
criminal behavior is.
Criminals are individuals whose behavior express values
and beliefs at odds with those of mainstream society.
For example, they rob banks while most of us work for
our living.
Laws, as the product of social consensus, promote
solidarity.
We are all together on this.

Dr. Demeleash Kassaye, Associate Professor 37


of Social Work and Social Development
In this perspective, murder is a crime because it
violates a consensus belief in the sanctity of life.
We agree that killing is wrong, so we
criminalize this act.
Those who subscribe to the consensus
perspective believe that defining some behaviors
as criminal is necessary (or functional) because
it is in everyone’s interest to control those who
deviate

Dr. Demeleash Kassaye, Associate Professor 38


of Social Work and Social Development
Conflict Perspective: a view of crime as one
outcome of a struggle among different groups
competing for resources in their society.
The people who own and control the resources
of society (land, power, money) are able to
influence those who determine what laws are
passed.
Rather than looking at individual wrongdoers to
understand crime, the conflict perspective looks
at the process that determines who is a
criminal and who is not.

Dr. Demeleash Kassaye, Associate Professor 39


of Social Work and Social Development
The conflict perspective holds that laws are influenced
and created by those who control the political and
economic power within the society.

The unequal distribution of resources in society


generates competition, and hence, conflict among the
groups competing for power.

Dr. Demeleash Kassaye, Associate Professor 40


of Social Work and Social Development
1.3. The Consequences of Crime

1.3.1. Sanctions

Sanctions are prescribed consequences intended to


reinforce people’s conformity to norms; they can be
negative or positive.

In fact, positive sanctions for behaving appropriately can be


just as effective – if not more so – in shaping people’s
behavior to conform as negative sanctions for deviance.

Dr. Demeleash Kassaye, Associate Professor 41


of Social Work and Social Development
Sanctions can be formal or informal. For
example, someone who behaves badly in
public is likely to be met with disapproving
glances, an informal response designed to
encourage the deviant to cease or desist.
Even though, informal sanctions generally do
not carry the weight of their formal
counterparts, they can have a major impact
on behavior.

Dr. Demeleash Kassaye, Associate Professor 42


of Social Work and Social Development
Our criminal justice system delivers a range of
formal negative sanctions in response to
criminal behavior.
If the crime is relatively minor – say, driving 105
kilo meter per hour over the speed limit – the
offender may be given a fine.
A criminal infraction of a more serious nature –
vandalizing a park – is likely to be sanctioned by a
harsher penalty such as probation, which restricts
personal freedom by requiring regular meetings
with a probation officer and avoidance of drugs,
alcohol, and other people on probation.

Dr. Demeleash Kassaye, Associate Professor 43


of Social Work and Social Development
For more serious crimes – such as robbery or
assault – or the court may set a term of
incarceration.

Prison inmates are removed from society and


deprived of their liberty.

We have discussed the formal and informal


sanctions that offenders as consequences of
criminal behavior.
Dr. Demeleash Kassaye, Associate Professor 44
of Social Work and Social Development
As would be expected, victims also suffer
consequences from criminal behavior;
however, often these consequences are not
well understood given our criminal justice
system’s focus on offenders.

Dr. Demeleash Kassaye, Associate Professor 45


of Social Work and Social Development
1.3.2. Impact of Crime on Victims
Victims are the targets of illegal actions by
others.
As a result of illegal actions, victims suffer
physical, sexual, or emotional injury, death or a
combination of ills.
Victims are often neglected and even abused by
the criminal justice system, making their
suffering significantly worse.

Dr. Demeleash Kassaye, Associate Professor 46


of Social Work and Social Development
Some become fearful and less willing to cooperate
with the prosecution.

It is normal to avoid pain. That is why many victims


choose not to report their crime, not to cooperate
with criminal justice officials, or not to serve as
key witnesses.

Dr. Demeleash Kassaye, Associate Professor 47


of Social Work and Social Development
The plight of victims gave rise to the victims

rights movement.

The movement began to have an effect on the

criminal justice system, initiating reforms in the

early 1970s.

Dr. Demeleash Kassaye, Associate Professor 48


of Social Work and Social Development
As a result, victims are being treated better and can
receive compensation for their injuries and loses.
Most suffer fewer hardships and recover more
quickly from monetary losses.
However, much remains to be done before all victims
are treated with respect, dignity, and care they
deserve.


Dr. Demeleash Kassaye, Associate Professor 49
of Social Work and Social Development

• Chapter Two: The Structure of the Criminal


Justice System

Dr. Demeleash Kassaye, Associate Professor 50


of Social Work and Social Development
1.4. The Structure of the Criminal Justice
System

The criminal justice system consists of a wide


array of actors and agencies.

The major institutional components of the


traditional justice system include law
enforcement, the judiciary, and corrections.

Dr. Demeleash Kassaye, Associate Professor 51


of Social Work and Social Development
A contemporary view of the system also considers

victim services as an emerging components of the

system because of the collaborative effort to

incorporate victim services into law enforcement

agencies, the courts, and corrections.

Dr. Demeleash Kassaye, Associate Professor 52


of Social Work and Social Development
1.4.1. Law Enforcement
The part of criminal justice system familiar to most
of the Ethiopian citizen is law enforcement.
From childhood, we can identify a police officer
and an officer’s car and understand the basic
function of the police – to protect the community
and arrest the criminal for investigation to
produce a criminal file filled with relevant
evidences to trial in court through prosecutors.
But realistically, the police are called upon to do far
more than protect and arrest.

Dr. Demeleash Kassaye, Associate Professor 53


of Social Work and Social Development
They are dispatched to deal with a host of
matters ranging from the mundane (checking on
the security of a home while the owner is
travelling, or writing a traffic ticket), to the
bizarre (finding ghosts in a home), to the most
serious (homicide), and nearly any imaginable
incident in between.

Dr. Demeleash Kassaye, Associate Professor 54


of Social Work and Social Development
Law enforcement officers are expected to resolve
many of society’s problems and are entrusted to
use force only when necessary.
Ideally, they make decisions quickly, use
discretion show courage and sacrifice in the face of
danger, and treat individuals with dignity and
respect even when threatened, harassed, abused,
or assaulted.
Dr. Demeleash Kassaye, Associate Professor 55
of Social Work and Social Development
In recent years, police responsibilities have
moved into the educational setting as school
resource officers and educators raise
awareness about crime, drugs, and
prevention.
Community based initiatives have tried to
foster a more collaborative relationship between
police and citizens to address crime control
and prevention.

Dr. Demeleash Kassaye, Associate Professor 56


of Social Work and Social Development
• Law Enforcement Functions that Support
Police Social Work
Law enforcement is most often the entry point
into the criminal justice system for offenders
and victims.
Police officers spend most of their time
responding to social problems.

Dr. Demeleash Kassaye, Associate Professor 57


of Social Work and Social Development
These situations require the police officers

provide crisis intervention and mediation.

Police social work is receiving high attention

and presented as a unique practice in policing

Dr. Demeleash Kassaye, Associate Professor 58


of Social Work and Social Development
• In order to function within law enforcement

agencies or provide adequate services to

individuals involved with the police, social

workers must understand police functions

and roles.

Dr. Demeleash Kassaye, Associate Professor 59


of Social Work and Social Development
• Law enforcement functions that support
police social work
• Cole & Smith (2004) described four major
law enforcement functions
– Peace keeping functions which involve protecting
individual and their rights from violence
– Arresting perpetrators and crime fighting
functions
– Crime prevention
– Providing social services

Dr. Demeleash Kassaye, Associate Professor 60


of Social Work and Social Development
• Responding to homicide and robberies is an
example of crime fighting functions.
• Even this police response could have a
service function since victims may require
crisis intervention, emotional support, and
referrals.
• Examples of social – service – related
functions include responding to family
disputes in which nor crime has occurred and
crisis intervention and mediation skills are
required.
Dr. Demeleash Kassaye, Associate Professor 61
of Social Work and Social Development
• Police Social Work
• Police social work is a small area of practice
within the social work profession.
• As we have seen, police social work is
possible because the majority of law
enforcement functions involve a social
service response.

Dr. Demeleash Kassaye, Associate Professor 62


of Social Work and Social Development
• Yet, few law enforcement agencies hire social workers
to perform police social work.
• A Fairley literature defines police social work, the
types of social problems addressed, tasks performed,
challenges that arise, and the benefits that can be
derived from police social work practice.

Dr. Demeleash Kassaye, Associate Professor 63


of Social Work and Social Development
• Local Law Enforcement Agencies
• Local law enforcement agencies are
municipal agencies that provide the
majority of community oriented law
enforcement services.
• Responses to citizens call for service are
provided by local law enforcement agencies
such as the Addis Ababa Police Commission
and Diredawa Police Commission.

Dr. Demeleash Kassaye, Associate Professor 64


of Social Work and Social Development
Types of Laws
Laws affect many aspects of our daily lives. For
example, traffic laws define speed limits and
restrict certain behavior such as texting while
driving.
Even social licensure is governed by laws and
regulated by legislation.
Laws that regulate social work practice define who
can and can not legally use the title “social
worker.”
Licensure is regulated in each state although
legislation varies among the states.
Dr. Demeleash Kassaye, Associate Professor 65
of Social Work and Social Development
• Laws regulates many types of personal and

public interactions between individuals, and

between individuals and government entities

including family matters, the transfer of

property, commerce, and conflict.

Dr. Demeleash Kassaye, Associate Professor 66


of Social Work and Social Development
• There are four categories of law.
1. Substantive criminal law defines criminal acts and
punishment
2. Procedural criminal law defines the procedures
followed in the criminal justice system such as
jury selection, arrest procedures, and the right to
legal council

Dr. Demeleash Kassaye, Associate Professor 67


of Social Work and Social Development
3. Civil law defines interactions between individuals
and businesses or corporations such as personal
property cases
4. Public law defines how city, county, state and
federal government agencies are mixture.
Criminal laws are considered as crimes against
society, whereas civil laws are not.

Dr. Demeleash Kassaye, Associate Professor 68


of Social Work and Social Development
1.4.2. Over view of the Court System

Courts in the world are having two court systems


known as state courts and federal courts.

As their names suggest, crimes against state laws


are prosecuted in state courts and crimes
violating federal statutes in the federal courts.

Dr. Demeleash Kassaye, Associate Professor 69


of Social Work and Social Development
Courts in Ethiopia share the same and crimes
against the state law are followed by the regional
state police and courts of the state as the last resort
in providing justice, whereas, crimes against the
law of the Federal Government are the cases of
the federal police and courts at the federal
government.

Dr. Demeleash Kassaye, Associate Professor 70


of Social Work and Social Development
State courts have the steps in which trial courts
and appellate are coming in their respective
orders.
Appellate court: A court hearing appeals
emanating from lower courts.
These courts typically do not try criminal
cases.
Trial Court: A criminal court that has
jurisdiction over all offences, including felonies,
and may in some states also hear appeals from
lower courts.
Dr. Demeleash Kassaye, Associate Professor 71
of Social Work and Social Development
The federal system consists of district courts
(comparable to the state trial courts),
appellate courts or circuit courts where
appeals are heard, and the supreme court.

Dr. Demeleash Kassaye, Associate Professor 72


of Social Work and Social Development
With in each of these settings, a prosecutor first
decides whether to prosecute a case.
If so, he or she presents the case against the
defendant on behalf of the state or federal
government.

Dr. Demeleash Kassaye, Associate Professor 73


of Social Work and Social Development
A grand jury decides whether a case should go trial.

The prosecutor is then responsible for arguing that case at

trial.

Defense attorneys, hired by a client or defendant is entitled

to fair and proper procedures.

Dr. Demeleash Kassaye, Associate Professor 74


of Social Work and Social Development
Finally, judges are the arbiters in the courtroom and are

responsible for ensuring that the rules of evidence and law

not violated.

They also provide a jury with instructions for rendering a

verdict or decision about the case.

Dr. Demeleash Kassaye, Associate Professor 75


of Social Work and Social Development
• End!

Dr. Demeleash Kassaye, Associate Professor 76


of Social Work and Social Development
• Specialty Courts or Problem Solving Courts
Specialty courts or problem solving courts are
unique courts that hear only cases related to a
specific social problem.
Social problems include
– Drug use
– Domestic violence
– Mental health issues
– Neighborhood and community problems
– Reentry of former offenders into communities

Dr. Demeleash Kassaye, Associate Professor 77


of Social Work and Social Development
• The courts are operated by judges with
expertise in these problems.
• Instead of imposing sentences that emphasize
incarceration and punishment, offenders
receive substance abuse treatment and
services to achieve sobriety and prevent
future criminal behavior.
Dr. Demeleash Kassaye, Associate Professor 78
of Social Work and Social Development
• Social workers are involved with mental
health and drug courts using advocacy skills;
social workers can apply these skills to
advocate for specialty courts within their
local court jurisdictions as task force
members who are responsible for developing
and implementing courts, or administrative
or direct service practitioner.
• Social work practice in the court system and
in legal settings involves interdisciplinary
practice.
Dr. Demeleash Kassaye, Associate Professor 79
of Social Work and Social Development
• Community Courts
• As the name implies, community courts
involve members of the community working
together with the local court system to identify
issues affecting their community.
• They are presently abundant throughout the
country and address neighborhood specific
problems such as:
– crime, abandoned property, and public disorder

Dr. Demeleash Kassaye, Associate Professor 80


of Social Work and Social Development
• Drug Courts

• The goals of the court were to provide


community-based treatment, rehabilitation,
and community supervision to felony drug
offenders, and reduce recidivism.
• Drug courts provide an alternative to
incarceration for individuals with substance
abuse problems.
Dr. Demeleash Kassaye, Associate Professor 81
of Social Work and Social Development
• These courts offer treatment and services
focused on recovery and rehabilitation
• Social workers and other practitioners skilled
in substance abuse assessment and treatment
provide these services

Dr. Demeleash Kassaye, Associate Professor 82


of Social Work and Social Development
• Mental Health Courts

• The mental health courts are the problem


solving courts which has
– A specialized docket for defendants with mental
illness that provides
• The opportunity to participate in court-supervised
treatment

Dr. Demeleash Kassaye, Associate Professor 83


of Social Work and Social Development
• A court team composed of a judge,
court personnel, and treatment
providers, which defines terms of
participation
• Continued status assessment with
individualized sanctions and
incentives, and,
• Resolution of case upon successful
completion of mandated treatment
plan
Dr. Demeleash Kassaye, Associate Professor 84
of Social Work and Social Development
• Domestic Violence Courts (class stoped)

– The goals, policies, and practices of domestic violence

courts are less defines than for mental health and drug

courts

– Domestic violence includes increasing safety for

victims of violence, holding offenders accountable for

their behavior, and reducing future violent behaviors.


Dr. Demeleash Kassaye, Associate Professor 85
of Social Work and Social Development
• In general, services provided by the courts

were victims advocacy, orders of protection,

and courtroom safety

Dr. Demeleash Kassaye, Associate Professor 86


of Social Work and Social Development
• Juvenile Drug Courts
• A juvenile drug court is “a drug court that
focuses on juvenile delinquency (e.g.,
criminal ) matters and status of offences
(e.g., truancy) that involve substance
abusing juveniles”.

Dr. Demeleash Kassaye, Associate Professor 87


of Social Work and Social Development
• Reentry Courts
• Reentry courts were initiated to provide services
for offenders as they reenter communities.
• The purpose of reentry courts is to provide:
– Appropriate assessment and planning prior to
release,
– Improve community supervisions of former
offenders,
– Provide appropriate community based services and
– Reward former offenders for successfully completing
reentry court programs and services

Dr. Demeleash Kassaye, Associate Professor 88


of Social Work and Social Development
• Forensic Social Work
• Forensic social work is an area of social work
practice in which social workers have direct
involvement with the court system.
• Forensic social workers provide
recommendations to courts regarding
– individuals competency to stand trial or risk of
violence
– contribute to the court’s decision to impose
alternative sentencing options through conducting
forensic interview, psycho social assessments and
experts witness testimony
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1.4.3. Corrections
Corrections is the systematic, organized effort by
society to punish offenders, protect the public,
and change an offender's behavior.
These efforts are realized through programs,
services, and facilities that deal with the offender
before and after conviction.
The purpose of corrections is to achieve the
goals of sentencing, which include retribution,
deterrence, incapacitation, rehabilitation, (re)
integration, and restitution.
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Restitution: A stipulation by a court that offenders must
compensate victims for their financial losses resulting from
crime; compensation to a victim for psychological, physical,
or financial loss.
Restitution may be imposed as a part of an incarcerate
sentence.

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of Social Work and Social Development
Once convicted of a crime, offenders may be
imprisoned or serve their sentences under
supervision within the community while on
probation.

An offender also may be given an alternative


sentence that can be served in a treatment
facility or carried out in community service.

Dr. Demeleash Kassaye, Associate Professor 92


of Social Work and Social Development
Probation is an alternative to jail or prison in which
the offender remains in the community under court
supervision, usually within the case load of
probation officer.
Offenders who have been sent to prison can be
freed on parole, an early release based on complying
with certain standards while free.

Dr. Demeleash Kassaye, Associate Professor 93


of Social Work and Social Development
A parole officer supervises the offender, who can
be sent back to prison if he violates the terms or
conditions of the parole.

Dr. Demeleash Kassaye, Associate Professor 94


of Social Work and Social Development
• Correctional Social Work

Correctional social work is an area of practice


in which the social worker provides services
in juvenile justice, works in military prison
settings, or provides services to individual on
probation and parole supervision.

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of Social Work and Social Development
Correctional social workers also
provide a wide variety of rehabilitation
services related to alcohol and
substance abuse, and conduct mental
health assessments in correctional
facilities.

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of Social Work and Social Development
• These functions are also provided by workers
who do not hold social work degrees but
hold degrees in counseling, sociology,
psychology, or criminal justice.
• Correctional social workers must adhere to
the same ethical values as social workers
employed in other settings, but correctional
settings present unique ethical issues.

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of Social Work and Social Development
• One challenge is to provide advocacy in a
correctional environment for inmates
who have been convicted of serious
crimes.
• Second, social workers must fulfill the
mandates of the correctional institution
while simultaneously providing
services to inmates.

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of Social Work and Social Development
1.4.4. Victim Services
Until the late twentieth century, the world criminal
justice was much focused primarily on the
criminal rather than the victim.
Since the 1970, different movements under the
pressure from the law-and-order movement, the
civil rights movement, the women’s movement
and other victim oriented coalition movement
has brought the issue of victims at the forefront
in the criminal justice system.

Dr. Demeleash Kassaye, Associate Professor 99


of Social Work and Social Development
The promotion of victims’ rights to participate in
criminal proceedings and to enjoy personal
safety contributed the formation of an array of
victim services inside and outside the criminal
justice system, including shelters and transitional
housing programs, counseling services, and 24
hour hotlines.

Dr. Demeleash Kassaye, Associate Professor 100


of Social Work and Social Development
Other services focus on the legal needs of the
victim, including the appointment of a victim
advocate to assist the victim with every aspect of the
post victimization period, from the initial crisis
and investigation through the adjudication and
ultimately to the offender’s release.
Two important goals of victim services are to lessen
victims’ suffering and to facilitate their recovery.
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Today, victim advocates work in nonprofit
organizations and in all sectors of the criminal
justice system.
Some work within the system in the district
attorney’s office, others are in victim/witness
units within probation departments, and still
others are part of special units in police
departments or with in correctional
institutions.

Dr. Demeleash Kassaye, Associate Professor 102


of Social Work and Social Development
1.5. How Criminal Justice Works: The

Realities

There are variety of explanations for – and

others about – how the criminal justice system

works in reality rather than its theoretical ideal,

or how it should work.


Dr. Demeleash Kassaye, Associate Professor 103
of Social Work and Social Development
This section outlines some of those explanations and
debates.
Myth/Reality
Myth: Almost all criminal cases go to trial
Reality: A high percentage of cases drop out of the
criminal justice system without ever getting to trial
before a trial is complete

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of Social Work and Social Development
If every case were to go to a trial, the criminal
justice system would collapse from the
overload.
It is therefore recommended to have a steps
where filtration will be made to cases for trial or
stop the cases in the adversarial system.
All criminal justice professionals have a high
level of discretion and can filter out cases along
the way.
For example, a police officer can decide not to
arrest someone who has committed a crime.
Dr. Demeleash Kassaye, Associate Professor 105
of Social Work and Social Development
A prosecutor can decide not to charge someone the police

arrested.

A judge can dismiss a case. When any of those decisions are

made, the suspects drops out of the criminal justice process.

A guilty plea by a suspect keeps the offender within the

system but also the results in no need for a trial.

Dr. Demeleash Kassaye, Associate Professor 106


of Social Work and Social Development
The result of such discretionary decisions by
both criminal justice professionals and suspects
creates what is often referred to as the Criminal
Justice Funnel.
Under the criminal justice two models dealing
with crime control and the due process of law
appear in different perspectives

Dr. Demeleash Kassaye, Associate Professor 107


of Social Work and Social Development
1.5.1. Crime Control Model
The Crime Control Model emphasizes the efficient
arrest and processing of alleged criminal offenders.
The value system underlying this model consider
repression of criminal conduct as the most
important function of criminal justice.

Dr. Demeleash Kassaye, Associate Professor 108


of Social Work and Social Development
In other words what matters most is to reduce,
quickly respond to, and punish criminal
behavior.

According to this model, the failure to bring


criminal conduct under control leads to the
breakdown of public order, a vital condition of
human freedom.

Dr. Demeleash Kassaye, Associate Professor 109


of Social Work and Social Development
1.5.2. Due Process Model
The due process model emphasizes individual rights at
all stages of the justice process.
This model is more concerned with the threat to
procedural rights of the offenders than with the general
public's right to be free of crime.
Advocates of the due process model argue that it is better
to let guilty people go free than to convict the innocent.

Dr. Demeleash Kassaye, Associate Professor 110


of Social Work and Social Development
• End of Chapter one and Two

Dr. Demeleash Kassaye, Associate Professor 111


of Social Work and Social Development

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