Running head: FORMATION OF AN ALTERNATIVE POLICY

Formation of an Alternative Crime Control Policy

Melissa L. Lafferty
Wayne State University
School of Social Work

FORMATION OF AN ALTERNATIVE POLICY

Formation of an Alternative Crime Control Policy

The purpose of this paper is to develop a new policy for crime control and prison
management. Crime has been a problem in society for centuries. The Comprehensive Crime
Control Act of 1984 (CCCA) in the U.S. has been beneficial for decreasing overall crime rates;
however, this policy has led to the incarceration of many members of the permanent underclass
and limits defendants rights. Additionally, the number of inmates in state and federal
correctional facilities has quadrupled since the implementation of the CCCA; it is now over 2
million people (Karger & Stoesz, 2014). The Criminal Justice Act 2003 (CJA 2003) in the U.K.
has also been very effective for decreasing overall crime rates; however, this policy limits
defendants rights and led to prison overcrowding as well. Using a policy framework, policy
analysts need to implement a new policy that will keep society safe, decrease crime rates,
address the rights of both victims and defendants as well as members of the underclass, and
decrease prison overcrowding.
The Comprehensive Crime Control Act of 1984
On October 12, 1984, President Ronald Reagan signed the Comprehensive Crime Control
Act (CCCA) as part of a continuing federal appropriations bill (United States Courts, 2009). The
philosophy behind this law was essentially to manage prisoners and high-risk offenders via
incarceration and retribution rather than rehabilitation or parole (Karger & Stoesz, 2014). The
law was implemented after a new penology emerged, which focused on how to identify,
classify, and manage groups of people based on how dangerous they were. This new penology
was less concerned with intervention and treatment of individual offenders and took on a more
regulatory role in society, eschewing intervention and responding to social deviance (Feeley &
Simon, 1992).
The CCCA is comprised of multiple chapters including the Bail Reform Act of 1984,
Sentencing Reform Act of 1984, forfeiture, Insanity Defense Reform Act of 1984, drug

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enforcement amendments, labor racketeering amendments, Currency and Foreign Transactions

Reporting Act, violent crime amendments, Armed Career Criminal Act, anti-terrorism
amendments, serious but non-violent offences, fraud related crimes, and the Justice Assistance
Act of 1984 (diGenova & Belfiore, 1985). Additionally, the CCCA has led to the expansion of
prison construction, the reinstitution of capital punishment in some states, and new laws that
require incarceration of repeat offenders (Karger & Stoesz, 2014). As a part of the CCCA, the
Sentencing Reform Act of 1984 developed sentencing guidelines for the federal courts (United
States Courts, 2009). The Sentencing Reform Act also established a federal commission called
the United States Sentencing Commission that is a permanent part of the judicial branch of the
U.S. Government. When conducting sentencing, a judge must impose the least severe sentence
that achieves the goals of retribution and deterrence while also considering the need for societal
protection (Legal Information Institute, n.d.). Defendants who are found guilty must be
sentenced in a consistent way that is fair and effective to the criminal as well as society
(diGenova & Belfiore, 1985).
The CCCA has also made specific changes to the way that the criminal justice system
handles violent crimes and criminals. The CCCA established federal jurisdiction over three
crimes that states and local authorities formally handled: murder for hire, violent crimes in aid to
racketeering activity, and solicitation to commit a crime of violence (diGenova & Belfiore,
1985). This allows federal law enforcement the opportunity to stop criminal activity before it
escalates into more severe and violent crimes. The CCCA also required that victims needs be
identified and considered throughout the entire trial process, including setting of bail, sentencing,
and any fines or restitution that is allocated (diGenova & Belfiore, 1985).

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Many states and local agencies have enacted legislation that follows a similar philosophy
to the CCCA. At the state level, many habitual offenders statutes have been developed and
implemented, which are commonly referred to as three strikes laws. Many local communities
have also adopted these laws. These statutes allow state or local courts to give harsher sentences
to offenders who have been convicted of three or more serious crimes. Twenty-four states
currently have habitual offenders laws in place (Stanford Law School, 2014).
Although many parts of the CCCA have been extremely successful, many aspects of the
Act have not worked well. Compliance with the Sentencing Reform Act continues to increase
prison overcrowding in an already critical situation. The federal prison system currently holds
about 214,000 inmates of which 17,000 are violent offenders (Federal Bureau of Prisons, 2014).
The CCCA will only continue to add more prisoners into an already overcrowded system, as
judges will sentence fewer convicted criminals to probation. Another failure of the CCCA is the
criminal justice systems treatment of the permanent underclass. The term underclass
describes a part of society that is permanently excluded from social mobility and economic
integration (Feeley & Simon, 1992). The underclass is primarily made up of black and Hispanic
people living in concentrated zones of poverty in central cities, separated physically and
institutionally from mainstream social and economic life in America. The criminal justice
system treats the underclass as a high-risk group that must be managed for the protection of the
rest of society and continues to imprison members of this socioeconomic class more than any
other group (Feeley & Simon, 1992).

The Criminal Justice Act 2003

The Criminal Justice Act 2003 (CJA 2003) is a statute that was passed on November 20,
2003 by the Parliament of the United Kingdom. It updated and modernized the entire criminal

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justice system of England, Wales, Scotland, and Northern Ireland. The Act specifically changed
the processes, procedures, and sentencing rules that judges, magistrates, police, prosecutors,
probation officers, prison governors, and others in the criminal justice system follow (Gibson &
Watkins, 2004).
The CJA 2003 made multiple changes to U.K. law. Some of the changes were targeted to
deal specifically with certain aspects of the law while others were fundamental changes to law
itself in the U.K. For instance, the CJA 2003 gave magistrates more power to make decisions
and sentence criminals so that magistrates did not have to send criminals to a higher court (called
the Crown Court) just to be sentenced. The Act also eliminated using common law and statutory
rules (which have been used for over 100 years) with law of evidence (Gibson & Watkins, 2004).

Since the CJA 2003 was such a mammoth and comprehensive policy change for the U.K.,
the Parliament spent over four years fully implementing the policy (Gibson & Watkins, 2004).
The Act has also resulted in the creation of additional crime control laws since its passage. The
U.K. is significantly smaller than the United States, but many of the individual countries have
created changes to their laws comparable to the manner in which many states in the U.S. have
adopted three strikes laws. The CJA 2003 also created a Sentencing Guidelines Council to
give authoritative guidance to those sentencing criminals (Gibson & Watkins, 2004). This is
quite similar to the United States Sentencing Commission that was created as a result of the
CCCA.
Similar to the CCCA, the CJA 2003 attempts to deal harshly with criminals who pose a
risk to society. Prior to the CJA 2003, sentencing in the U.K. was much shorter than sentencing
in the U.S. The CJA 2003 approaches sentencing in a similar manner as the CCCA does; in fact,

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the CJA 2003 introduced mandatory life sentences and minimum sentences for more than 150
crimes (Gibson & Watkins, 2004). Prior to the passage of the CJA 2003, dangerous criminals
could only receive a maximum ten year sentence. In order to protect society, the CJA 2003
mandated that dangerous offenders receive up to a life sentence in order to protect society.
Judges can also give life sentences for murder, which was rarely done in the U.K. prior to the
CJA 2003 (Gibson & Watkins, 2004).
Although the laws are very similar, the CCCA and CJA 2003 have many
differences as well. For example, the U.K. Act does not address victims rights as thoroughly as
the CCCA does, although the longer sentences that convicted criminals receive in the U.K. may
make victims feel like justice has prevailed. Secondly, the CJA 2003 allows British police
officers to stop and search people on the street if an officer believes that a person has prohibited
articles (Gibson & Watkins, 2004). Officers also have the power to collect bail from the person
that they have arrested right at the scene of the crime. This saves the officer from having to take
the person to jail and process him or her there (Gibson & Watkins, 2004). The CCCA does not
allow police officers additional powers but rather focuses on the overall court and judicial
process. Another difference is that the CJA 2003 also allows magistrates and judges to have
trials without a jury if there is concern that jury tampering will occur (Gibson & Watkins, 2004).
One major difference between the two laws is the change to the double jeopardy law in the U.K.
The CJA 2003 allows prosecutors the power to try an acquitted defendant for a second time for a
serious offence; however, there must be new and compelling evidence, and a special panel of
prosecutors must review and approve the evidence (Gibson & Watkins, 2004, p. 92). The U.S.
Constitution guarantees that someone who has been found not guilty cannot be tried for the same
crime twice (Allen, Latessa, & Ponder, 2013).

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The CJA 2003 has effectively reduced crime rates in all countries in the U.K, and overall
crime rates are down to the levels that they were in 1981 (BBC, 2010). This outcome is quite
similar to the results that the U.S. has seen since the passage of the CCCA in 1984, as the crime
rate for serious crimes, including murder, rape, and assault, has dropped significantly since the
early 1990s and are now at the levels that they were in 1963 (Wood, 2012). Although overall
crime rates have decreased, longer sentencing in both the U.K. and U.S. has resulted in prison
overcrowding (Prison Reform Trust, 2014). According to Lee Bryant (2014), the U.K. is also
dealing with a disproportionate number of minorities in their prisons. Members of ethnic
minorities are no more prone to crime than other sections of the population but are overrepresented in crime statistics (Bryant, 2014, para. 4).
Policy Formation: The Crime Control and Sentencing Reform Act of 2014
Although the CCCA and CJA 2003 have been beneficial for decreasing overall crime
rates, these policies have led to the incarceration of many members of the permanent underclass,
limit defendants rights, and continue to increase prison overcrowding. In order to keep society
safe, decrease crime rates, address the rights of the underclass as well as both victims and
defendants, and decrease prison overcrowding, policy analysts need to implement an alternative
crime control policy. The federal Crime Control and Sentencing Reform Act of 2014 (CCSRA)
will serve as that policy alternative and work to manage high-risk prisoners while considering
alternatives to incarceration. This policy will be both proactive and educational.
The CCSRA consists of ten key components:
1. All law enforcement and prison system employees must receive extensive diversity and
sensitivity training and education. This will allow communities to develop a positive
relationship with law enforcement, especially those communities where the underclass
reside.

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2. Education will include residents of the community understanding the importance of

deterrence of crime and the roles that they play in preventing crime. Communities will
utilize neighborhood crimes watch units to help patrol with police.
3. Police officers must have operational video cameras on them at all times to record all
interactions with civilians.
4. In order to prevent jail overcrowding and violence, officers are allowed to process bail on
the street for those whom they arrest.
5. Police officers must be trained to use non-deadly tactics to subdue suspicious persons or
criminals. They will use high tech electroshock guns that will subdue a person so that the
officer can handcuff him or her. Handguns will be used only as a last resort.
6. Judges must follow the sentencing guidelines of the United States Sentencing
Commission. A judge must impose the least severe sentence that achieves the goals of
retribution and deterrence while also considering the need for societal protection.
Defendants who are found guilty must be sentenced in a consistent way that is fair and
effective to the criminal as well as society. Victims and their families will have some
influence in the sentencing of a criminal as well.
7. Part of a prisoners sentence includes mandatory education within the prison. All
prisoners without a high school diploma or GED will have to obtain a GED in order to be
released or paroled. All prisoners will have to attend classes, and they will receive time
off their sentence for various accomplishments and completions. Prisons must
collaborate with a college to have professors teach courses (this can be video recorded for
safety). Sentence lengths will be reduced one year per every course completed. This will
reduce the overall prison population and repeat offenders. Nontraditional courses such as
personal skill training, conflict resolution, and effective communication must be
provided.
8. The Balance and Restorative Justice model will be used, which includes:
a. Making needed services available for the victim of the crime

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b. Giving victims opportunities for involvement and input

c. Actively involving community members, including individual crime victims and
offenders, in making decisions and carrying out plans for resolving issues and
restoring the community
d. Building connections among community members
e. Giving offenders the opportunity and encouragement to take responsibility for
their behavior
f. Actively involving offenders in repairing the harm that they caused (Allen,
Latessa, & Ponder, 2013, p. 54).
9. Once a sentence is given and the convict is incarcerated, prisoners will be classified
based on types of crimes. Violent offenders must be separated from nonviolent offenders,
and they cannot have direct contact with each other.
10. Once a prisoner is released, he or she must participate in a community outreach program
for 1-5 years depending on his or her police record. Community members would staff
these programs and help the ex-convict make a healthy transition back to society while
reinforcing good behaviors. The ex-convict would live there, attend group counseling
sessions with other ex-offenders, partake in individual therapy with social workers, and
participate in community service. Community service includes working in communities
with a diverse population of people.
The CCSRA would be a federal policy so that there is consistency from city to city, but it
would have to be implemented on both a state and local level. If there is no consistency,
criminals could move into cities and areas that do not enforce the policy, which would
increase crime rates in those areas. Policy analysts must implement the policy in a fair
manner so that it will be accepted, followed, and successful in all communities.
Political, Economic, and Administrative Feasibility
The CCSRA is a feasible solution to helping decrease the overcrowding of prisons as well
as the disproportionate number of underclass citizens in prison in both the United States and

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United Kingdom. The CCSRA takes both a conservative and liberal approach to criminal justice
reform. Many aspects of the policy that would be well received by democrats, such as the
community approach to reform and belief in rehabilitation, while other parts would be appealing
to republicans, such as maintaining sentencing reforms and police presence in the community. In
theory, both parties should agree to support this policy politically, but if either do not
compromise on some of its aspects, implementing the policy may be difficult.
The CCSRA would be an expensive program to establish; however, the benefits would
outweigh the costs. Educating citizens and criminals is the best way to control crime (American
Bar Association, 2008). As individuals learn about each other, they will learn to get along with
and respect one another. They will see themselves as a community of people working together
rather than against each other. Crime rates will decrease, less police will be needed, and the
number of people incarcerated will decrease, as individuals will have received education and
training. Ex-offenders will receive help and support as they reenter society. Funding to upstart
the policy will be raised via fundraisers in the community co-hosted by local police departments
and community leaders. Communities will earmark a certain amount of taxes for use to fund
community outreach programs. The policy will also be enacted in phases to help spread out the
costs.
The CCSRA would mostly use resources that are already in existence; however, they
have to be restructured. Since the community would be the owners of the rehabilitation and
reintroduction of the ex-convicts, there would be little to no new administration. The
administrative bodies would be members of the existing criminal justice system in addition to
members of the community.
The CCSRA would definitely be feasible in the countries of the United Kingdom. The
policies that are in effect in the U.K. are similar to the U.S. policies, so the different regions have

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a similar values system and culture to the U.S. In addition, the CCSRA adopts many parts of the
CJA 2003, and victims of crimes will appreciate the opportunity for involvement and input.
Ultimately, the CCSRA will work as a feasible alternative to both the CCCA and CJA 2003.
Policy Goals
The CCSRA meets its goals of maintaining a safe society, decreasing crime rates,
addressing the rights of victims, defendants, and the underclass, and decreasing the total number
of people in prison. By promoting education in prisons, prisoners will learn appropriate
behaviors, and law enforcement and community members will reinforce those behaviors so that
ex-offenders will become self-sufficient and remain out of prison (American Bar Association,
2008). Prisoners self-esteem will increase as they become more confident with themselves.
They will feel proud of their accomplishments and move forward in their communities.
Additionally, the training that the law enforcement officials receive will help them see people in
the underclass as human beings, treat all people equally, and be more respectful and tolerant
toward people who are different from themselves (Anti-Defamation League, 2014).
The CCSRA will help perpetuate a safe and peaceful community. According to the
American Bar Association (2008),
All of us rely on the criminal justice system to keep us safe and maintain order. We
expect it to meet the fundamental aims of our criminal laws: to separate the guilty from
the innocent, to incapacitate truly dangerous individuals, and to promote deterrence
and retribution for those who violate law. We also expect the criminal law and the
criminal justice system to be fair and even-handed and to rehabilitate criminal offenders.
And we expect the criminal justice system to assist offenders who have completed their
sentences to reenter the community as productive citizens and to avoid commission of
crimes in the future (p. 2).
People will want to live in communities that successfully implement the CCSRA, as the policy
ensures safety and the well-being of all people. After some time, the policy will be self-

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sufficient, socioeconomic barriers will be destroyed, and people will work together to promote
the common good of society.
Implementation of Policy Alternative
Many strategies will need to be taken to successfully implement the policy. Members of
both the House and the Senate will need to support the policy. In order for the bill to become
law, the president must support the policy as well (Vote Smart, 2014). Money that is currently
used to fund CCCA will be used to fund this policy. Communities will need to host fundraisers
with local law enforcement, and 5% of all proceeds from tickets and court costs and fees will be
used to finance the policy.
In order to control costs, the CCSRA will be implemented in phases:
1. Police training in sensitivity and diversity
2. Crime prevention watches
3. All police officers must have video cameras on them
4. Officers are allowed to process bail on the street
5. Police weapons training
6. Sentencing reform
7. Parole reform
8. Development of educational courses
9. Implementation of the Balance and Restorative Justice model
10. Classification of prisoners
11. Development of community outreach program and houses
Supporters vs. Opponents
The CCSRA will have many supporters as well as opponents. Both republicans and
democrats will likely support the policy, as the policy utilizes a mixed conservative and liberal
approach. Community leaders, persons in the underclass, and social workers will support the
policy, as there will be fewer divisions among people. Law enforcement officers will also
support the policy, as there will be less hostility and aggression as well as better training.
Prosecutors will support the CCSRA, as the policy works to correct injustice and create
prosecution that is more effective. Victims of crime will also support the policy, as they will
have direct opportunity for involvement in the judicial process. Lastly, judges will favor the

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CCSRA, as there will be more consistency in court proceedings and fewer repeat offenders.
The supporters of the CCSRA will reap the most benefits from the implementation of the policy,
and they will want to do everything in their power to see the policy succeed.
Although the policy will have many supporters, some individuals will oppose the policy.
Current offenders and convicts will likely oppose the policy because it mandates education in
order to be released on parole. Ex-offenders may also not want to participate in the community
outreach program or community service. Additionally, construction companies may oppose the
policy, as there will be fewer prisons to build. Lastly, defense attorneys may oppose the policy,
as they want judges to give their clients the lightest possible sentences (diGenova & Belfiore,
1985).
After being incarcerated, offenders will realize that the CCSRA is beneficial to them.
Although many criminals may not initially think that they want to become educated or improve
their behavior, they will realize that they were wrong after beginning classes and rehabilitation.
They will feel proud of their accomplishments and want to make a healthy transition back to into
society, and they will be eligible for early release if they complete their educational
requirements. Additionally, the diversity and sensitivity training that law enforcement receive
will improve the treatment of prisoners, as guards, police officers, and judges will learn to treat
inmates with respect and compassion (Anti-Defamation League, 2014).
Construction companies and defense attorneys will also ultimately benefit from
the CCSRA. Although construction companies may not be building additional prisons due to the
decrease in crime rates and number of prisoners, construction workers will be able to redesign
current correctional facilities, adding additional features such as classrooms and classification
units. Communities may also hire construction workers to build supplementary facilities such as
community centers for the community outreach programs. Although defendants may not receive
lighter sentences, defense attorneys will realize that their clients will benefit from the policy.

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The attorney will still be paid; in fact, he or she will play an important part in helping make sure
that the defendant fulfills his or her obligation of education while in prison.
Role as a Social Worker
The CCSRA would be a great crime control alternative that would change the way that
people behave and treat each other. If I were able to implement this policy, there would be less
crime, and therefore fewer victims. It would help end cycles of violence. There would be less
people in prison overall, and the prison population would represent a proportionate amount of
socioeconomic and ethnic groups. People would respect the police and the law. With this policy,
people would view police as important members of the community rather than controlling
authoritative figures. Due to the education and diversity training requirements, people would be
more accepting of others, treat others with respect, be more compassionate, and communicate
more effectively.
As a social worker, I am a change agent. This policy would make vast changes to the
way that people interact with each other as well as get along. This policy would create an
atmosphere of mutual respect, tolerance, and peace. Individuals would be able to better
themselves and become self-sufficient. Groups of people who struggled socioeconomically
would be uplifted and able to find fulfillment and purpose in their lives, as they would feel
valued by society.

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Anti-Defamation League. (2014). Anti-bias training for law enforcement professionals.

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