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Unaccompanied Children in the United States: A Literature Review

Olga Byrne
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 PDF: 237 KB/47 pages
published: May 2008
 

Every year in the United States, thousands of noncitizen children undergo removal (deportation) proceedings without legal representation. Pro bono (volunteer) legal services for these “unaccompanied children” are in short supply, and very few of these children have the resources to hire their own legal counsel. In response, the Office of Refugee Resettlement (ORR), the agency responsible for unaccompanied children, asked Vera to administer the Unaccompanied Children Pro Bono Project (UACPBP), which provides pro bono legal services to unaccompanied children in removal proceedings through local subcontractors, and to draft a series of recommendations as to how the ORR can provide qualified legal counsel to all such children in a timely manner. This paper hopes to inform Vera's work on the UACPBP, sketching an overview of the existing literature on unaccompanied children in the United States.
 
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Vera Institute of Justice: A Brochure About Vera:

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 PDF: 856 KB/6 pages
published: September 2007
 

The Vera Institute of Justice combines expertise in research, demonstration projects, and technical assistance to help leaders in government and civil society improve the systems people rely on for justice and safety.
 
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Legal Rights Presentation:

Vera Institute of Justice, Legal Orientation Program
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 PDF: 159 KB/11 pages
published: September 2007
 

This script of the Legal Orientation Program presentation serves as a basic introduction to the immigration court process. Using a question and answer format, it covers topics such as your rights in immigration court, what will happen during hearings, and the various forms of relief from removal. This script is available in English, Arabic, French, Korean, Portuguese, Simplified Chinese, and Vietnamese.
 
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Translating Justice: A Spanish Glossary for New York City:

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 PDF: 280 KB/50 pages
published: June 2007
 

The Vera Institute of Justice has developed glossaries in Spanish and traditional Chinese to serve as a resource for interpreters, translators, and bilingual staff at New York City’s justice and public safety agencies, courts, and nonprofit organizations. We hope the use of these glossaries will improve limited English proficient New Yorkers’ access to justice and will assist interpreters, translators, and bilingual staff in providing vital oral and written communication to the city’s residents. The glossary includes 640 legal and criminal justice words and phrases used in New York courts, justice agencies, and nonprofit organizations. For easy use, the terms are organized both alphabetically and in the following categories: agency names, court proceedings & sentencing, detention & corrections, drugs & weapons, juvenile justice, law enforcement & investigations, penal law & offenses, and probation & parole.
 
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Translating Justice: A Traditional Chinese Glossary for New York City:

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 PDF: 553 KB/50 pages
published: June 2007
 

The Vera Institute of Justice has developed glossaries in Spanish and traditional Chinese to serve as a resource for interpreters, translators, and bilingual staff at New York City’s justice and public safety agencies, courts, and nonprofit organizations. We hope the use of these glossaries will improve limited English proficient New Yorkers’ access to justice and will assist interpreters, translators, and bilingual staff in providing vital oral and written communication to the city’s residents. The glossary includes 640 legal and criminal justice words and phrases used in New York courts, justice agencies, and nonprofit organizations. For easy use, the terms are organized both alphabetically and in the following categories: agency names, court proceedings & sentencing, detention & corrections, drugs & weapons, juvenile justice, law enforcement & investigations, penal law & offenses, and probation & parole.
 
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Final Report of the Connecticut Juvenile Jurisdiction Planning and Implementation Committee:

Connecticut Juvenile Jurisdiction Planning and Implementation Committee
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 PDF: 1189 KB/366 pages
published: February 2007
 

In 2006, as one of only three states that tried 16- and 17-year-olds in the adult criminal justice system, Connecticut’s practices were out of step with best practices and scientific research showing significant cognitive differences between older adolescents and adults. To align the state’s policies with mainstream practice, the state’s General Assembly established the Juvenile Jurisdiction Planning and Implementation Committee. This report from the committee, written with support from Vera’s Center on Youth Justice, proposes to raise the age of juvenile jurisdiction from 16 to 18, effective July 1, 2009.
 
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Widening the Lens: A Panoramic View of Juvenile Justice in New York State: System Indicators for State and Local Planning

New York State Task Force on Juvenile Justice Indicators
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 PDF: 708 KB/112 pages
published: February 2007
 

In 2005, the New York State Office of Children and Family Services established a task force to develop statewide juvenile justice indicators that could support local and state planning. This report from that task force, presenting the state’s first-ever set of multi-agency indicators, identifies and calculates key data in five central areas of the juvenile justice system, from arrest through disposition. Section I describes each of the five system areas, provides a synopsis of the indicators for each area, and highlights some initial observations revealed by 2004 data. Section II presents statewide aggregate juvenile justice indicators. Section III provides local-level data for each of New York’s 62 counties.

Due to the large size of this document, we are making it available in Adobe Acrobat format for download in sections. Select from the links below to download a section of the report: You may also download this report as a single document. [708 KB/112 pages].
 
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Domestic Violence and Prisoner Reentry: Experiences of African American Women and Men

Creasie Finney Hairston and William Oliver
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 PDF: 599 KB/37 pages
published: December 2006
 

This report recommends ways to address domestic violence when African American women are in intimate relationships with African American men who are in prison or on parole. The report draws on discussion groups of men and women dealing with reentry who were asked how similarly situated people experience and manage conflict with their partners. Through these discussions, Safe Return found that some women believe the experience of imprisonment negatively influences some men's behavior as husbands and fathers after release; men reported that some similarly situated men try to control their intimate partners while inside prison or consider violence to be an appropriate response to infidelity or perceived slights. The recommendations include emphasizing cultural competence in programming and providing institutional support to intimate partners and their children who are preparing for an incarcerated person's return, whether or not they choose to reunify with returning prisoners.
 
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Safe Return: Working Toward Preventing Domestic Violence When Men Return From Prison

Mike Bobbitt, Robin Campbell, and Gloria L. Tate
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 PDF: 2.28 MB/20 pages
published: November 2006
 

Corrections and parole officials and domestic violence advocates met in two roundtable discussions to examine ways to address intimate partner violence when men return from prison. This report summarizes the practices and key challenges identified in those meetings and addresses themes such as institutional resistance to addressing domestic violence, ways to involve intimate partners—including women who may have been victims of domestic violence—in reentry planning, and the value of cultural competence and programming that considers race. Participants expressed a need for training and ongoing dialogue between criminal justice staff and domestic violence advocates, and noted the value of including the perspectives of former victims to improve practice.
 
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Pretrial Innovations: Supporting Safety and Case Integrity

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 PDF: 266 KB/15 pages
published: June 2006
 

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The time between when an accused batterer is arrested and when the case is fully adjudicated can be especially dangerous for a victim of domestic violence. Most alleged offenders are released on bail, and many courts lack the ability to ensure that they meet the conditions of release. It is also a time when accused batterers are most likely to try to influence the outcome of the case, often using threats and sometimes violence. This publication examines several steps the Milwaukee County Courts took to ensure that pretrial orders are met and that the safety of the accuser is considered. It is part of the Judicial Oversight Demonstration Initiative's four-part series Enhancing Responses to Domestic Violence.
 
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Prosecuting Witness Tampering, Bail Jumping, and Battering from Behind Bars:

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 PDF: 306 KB/18 pages
published: June 2006
 

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Many victims awaiting a trial for domestic violence crimes fear that the system can not protect them. Their fear is exacerbated when they continue to be threatened and harassed after an arrest has been made—especially when the defendant is being held without bail. Recognizing this dilemma and its impact on the system of justice, prosecutors in Milwaukee County began using jailhouse telephone recordings and other evidence to prosecute defendants who use threats of violence or intimidation to try to influence witness testimony and case outcomes. This publication explores this practice and includes a highlighting both the problem and the response. It is part of the Judicial Oversight Demonstration Initiative's four-part series Enhancing Responses to Domestic Violence.
 
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Engaging Respondents in Civil Restraining Orders: A New Approach to Victim Safety

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 PDF: 280 KB/11 pages
published: June 2006
 

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More and more victims of intimate partner violence are turning to courts for civil orders for protection. These orders are often a first course of action for victims who want the violence to stop but who do not necessarily want to involve the police. Usually, these orders serve their function and the "respondent" ends the violent behavior. In some cases, however, respondents ignore court orders and may even become more violent. This publication explores how the Dorchester Municipal Court in Dorchester, Massachusetts, partnered with a non-profit agency to better engage respondents to reduce violations and violence following a request for a civil order for protection. It is part of the Judicial Oversight Demonstration Initiative's four-part series Enhancing Responses to Domestic Violence.
 
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Judicial Review Hearings: Keeping Courts on the Case

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 PDF: 325 KB/18 pages
published: June 2006
 

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Many communities have improved the way that they police and prosecute misdemeanor crimes related to intimate partner violence. Courts, too, have become more advanced in how they sentence those found guilty. Yet, critical challenges in responding to these crimes remain. These include ensuring that offenders meet conditions imposed on them, preventing future acts of violence, and making victims feel safer as a result of court actions. This publication explores how three communities improved their system's ability to monitor offenders by using post-conviction compliance hearings and graduated sanctions and rewards. It is part of the Judicial Oversight Demonstration Initiative's four-part series Enhancing Responses to Domestic Violence.
 
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A Study of New York City's Family Assessment Program:

Claire Shubik and Ajay Khashu
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 PDF: 177 KB/28 pages
published: December 2005
 

When families are struggling to communicate, trying to control the behavior of an unruly child, or experiencing a crisis, they often look for outside help and support. For many families in New York, the place to turn is the status offender system. In December 2002, New York City's Department of Probation and the Administration of Children's Services (ACS)—the two agencies primarily responsible for administering and funding the city's status offender system—collaborated to launch the Family Assessment Program (FAP), an innovative approach to intake and assessment. FAP seeks to swiftly connect children and families to appropriate services in the community, reduce the city's reliance on family court in Persons in Need of Supervision (PINS) cases, and decrease the number of out-of-home placements for PINS youth. Commissioned by Probation and ACS, this report assesses the progress FAP has made in its first two-and-a-half years, finding that the city is already reaping significant benefits: connecting families to services more quickly and making fewer court referrals.
 
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Probation Reform: Is Zero Tolerance a Viable Option?

Patrick Kelly and Don Stemen
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 PDF: 141 KB/8 pages
published: October 2005
 

Can community supervision compete with incarceration as a means of crime control? Mark Kleiman, professor of policy studies at the UCLA School of Public Affairs and the author of "When Brute Force Fails: Strategic Thinking for Crime Control," believes it can. At a July 2005 roundtable discussion sponsored by the National Institute of Justice (NIJ), Kleiman told a group of researchers and prominent community supervision administrators, "If we get [community supervision] right, we could cut incarceration by 50 percent, have less crime rather than more crime, and spend the same amount of money." This paper, produced by the Vera Institute of Justice with support from NIJ, summarizes the discussion between Kleiman, who has proposed a new model of community corrections based on his theoretical work, and his audience of researchers and community corrections administrators, who represent a wealth of practical experience.
 
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Beyond Blakely: Implications of the Booker Decision for State Sentencing Systems

Jon Wool
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 PDF: 113 KB/7 pages
published: February 2005
 

Early this year, in an expected but nonetheless momentous decision, the Supreme Court held that the federal sentencing guidelines are unconstitutional. United States v. Booker closely follows a ruling from last summer, Blakely v. Washington, which threw out that state's guidelines and sent the criminal justice systems in perhaps half of the states into a state of unrest. The new decision provides some assistance to state policymakers and practitioners who had been hoping for clarity in the post-Blakely world. But it is now clear that the bulk of the unanswered questions are in the hands of the state courts to resolve. This report, the third to address Blakely concerns for the states, examines the issues addressed by Booker and notes some that are left hanging.
 
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Changing the Status Quo for Status Offenders: New York State's Efforts to Support Troubled Teens

Tina Chiu and Sara Mogulescu
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 PDF: 97 KB/8 pages
published: December 2004
 

Over the past three years, child welfare and probation leaders in New York State have been transforming the state's status offender system to provide timely support to troubled teens and their families in their communities and rely less on courts, law enforcement, and detention. This Issue in Brief, produced by Vera's national Youth Justice Program, examines how this dramatic shift is helping get disobedient, but not delinquent, children back on track while yielding significant cost savings. Jurisdictions looking to better serve their own status offender populations will find useful models in this report's summary of the lessons learned in New York State.
 
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Aggravated Sentencing: Blakely v. Washington: Legal Considerations for State Sentencing Systems

Jon Wool
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 PDF: 166 KB/15 pages
published: September 2004
 

Few Supreme Court decisions have engendered as much uncertainty in state and federal courts as Blakely v. Washington. This report, the second in a series on the practical implications of the ruling, examines the legal issues raised by Blakely and prior related decisions. The Court found that under the Sixth Amendment a judge cannot increase a criminal sentence based on facts not proved to a jury beyond a reasonable doubt (or admitted by the defendant). This report is intended as a primer for those charged with responding to Blakely.
 
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Enhancing Responses to Domestic Violence: Promising Practices From the Judicial Oversight Demonstration Initiative

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 PDF: 398 KB/6 pages
published: September 2004
 

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When the criminal justice system intervenes in domestic violence cases, numerous public and private agencies become involved. To successfully ensure victim safety throughout the criminal justice intervention, each agency must understand its mission and role in relation to the others. This brochure highlights some of the key efforts that three federally-funded demonstration initiatives are making to improve their communities' ability to help keep victims safer by enhancing both offender and system accountability.
 
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Aggravated Sentencing: Blakely v. Washington — Practical Implications for State Sentencing Systems

Jon Wool and Don Stemen
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 PDF: 150 KB/11 pages
published: August 2004
 

This summer, the Supreme Court sent the criminal justice systems in perhaps half of the states, and the federal system, into a state of simmering unrest. Blakely v. Washington cast doubt on two decades of efforts to channel judicial discretion in sentencing by finding that the Sixth Amendment forbids a judge to increase a criminal sentence based on facts not found by a jury beyond a reasonable doubt, even when those sentences are well short of statutory maximums. This report offers an examination of which state systems are affected and the options available to policymakers in affected states.
 
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Changing Fortunes or Changing Attitudes?: Sentencing and Corrections Reforms in 2003

Jon Wool and Don Stemen
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 PDF: 377 KB/16 pages
published: March 2004
 

Departures from the nearly sacrosanct tough-on-crime corrections policies of previous decades continue as states grapple with ongoing budget shortfalls. Some evidence suggests, however, that a growing acceptance of alternative corrections policies may be more influential in the shifts than generally recognized. This Issue in Brief surveys the most recent changes to sentencing and corrections policies and identifies the range of reforms being implemented. Using case studies of changes in four states, it also explores the role of changing attitudes toward crime and the possibility that the shifts in policy may outlast the budget crises that precipitated them.
 

 
Preventing Homelessness Among People Leaving Prison

Nino Rodriguez and Brenner Brown
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 PDF: 267 KB/12 pages
published: December 2003
 

Every day, people are released from prisons across the country and many of them do not have a place to live. Policymakers and practitioners are beginning to pay attention to this issue and have developed at least three main approaches: prohibiting inmates from leaving prison without a place to live; providing housing as part of services to help ex-offenders stay sober or get a job; or providing comprehensive transitional services, including housing. Through a partnership with the New York State Department of Correctional Services and the New York State Division of Parole, Vera implemented the latter approach in a pilot program called Project Greenlight. This installment of Vera's Issues in Brief series discusses homelessness among returning prisoners, the implications it has for government agencies, and examples of corrections agencies' approaches to the problem. It also details Project Greenlight's housing assistance program and outlines insights from Greenlight's experience for practitioners who are facing a similar problem.
 

 
Dollars and Sentences: Legislators' Views on Prisons, Punishment, and the Budget Crisis

Robin Campbell
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 PDF: 988 KB/16 pages
published: July 2003
 

In spring 2003, state legislatures faced with the worst budget crises in a generation scrambled for ways to cut corrections spending without jeopardizing public safety and confidence. In cooperation with the National Conference of State Legislatures, Vera's State Sentencing and Corrections Program brought together a diverse, bipartisan group of state representatives and senators with experience and interest in corrections and sentencing policy to talk about the impact of the budget crisis on criminal justice policies. Their wide-ranging conversation, summarized in this report, revealed how in some states partisan politics is taking a back seat to efforts to save money and produce better outcomes through increased attention to rehabilitation and prevention.
 

 
Respite Care: A Promising Response to Status Offenders at Risk of Court-Ordered Placements

Fiza Quraishi, Heidi J. Segal, and Jennifer Trone
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 PDF: 98 KB/8 pages
published: December 2002
 

What happens when a teenager routinely skips school, runs away, or engages in other destructive behaviors? Most states have a system in place to assess and refer these "status offenders" and their parents to agencies in the community that can be of help. But by that time, some parents have hit their breaking point and just want the teen out of the house and in a safe and controlled environment. When judges hear the pleas of frustrated, concerned parents, they often have no option other than to remand the youth to a non-secure detention center, foster care group home, or other juvenile institution. Intended to be temporary, these expensive placements often drag out for months and exacerbate the problems that cause family conflict. Respite care takes the opposite approach, using a very short separation to set families on the path toward reunification and stability. This Issue in Brief, produced by Vera's national Youth Justice Program, examines emergency respite centers for runaways and other alleged status offenders by highlighting four programs from around the country that aim to give parents and children the immediate assistance they need.
 
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Justice and Safety for All: Promoting Dialogue Between Public Defenders and Victim Advocates

Jennifer Trone, Lori Crowder, and Chandra Yoder
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 PDF: 892 KB/24 pages
published: December 2002
 

The lawyers who defend individuals charged with domestic violence and the advocates who work just as passionately for the rights and needs of victims tend to fall into opposing camps. Misunderstanding, suspicion, and occasionally open hostility exist between these professionals. Yet because defenders and advocates often serve the same families, improving their relationship is part of providing just and safe resolutions in domestic violence cases. Structured dialogue between defenders and advocates can help them understand each others' roles and perspectives and can lead to mutual respect and cooperation. Filled with the voices of a handful of defenders and advocates talking about each other and their work, Justice and Safety for All is written to help other advocates and defenders begin their own conversations.
 

 
Approaches to Truancy Prevention

Sara Mogulescu and Heidi J. Segal
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 PDF: 234 KB/17 pages
published: October 2002
 

Every day, hundreds of thousands of youth are absent from school without an excuse. In New York State, truant students are regularly referred by schools to probation departments as status offenders or persons in need of supervision (PINS). Although attempts may be made to adjust truant behavior through PINS diversion programs, these efforts are often unsuccessful and result in referrals to family court for PINS petitions. In the absence of alternative systemic responses and compelled to preserve judicial authority and credibility, frustrated judges regularly remand truant PINS to non-secure detention while the case is pending and to foster care placements for violations of probation. In an effort to identify effective approaches to truancy prevention, Vera's national Youth Justice Program conducted a survey of truancy-specific programs operating across the country. This report highlights particular programs that illustrate effective and practical approaches to addressing the problem of chronic truancy that may be adaptable in New York State and other jurisdictions nationwide.
 
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Is the Budget Crisis Changing the Way We Look at Sentencing and Incarceration?

Daniel F. Wilhelm and Nicholas R. Turner
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 PDF: 108 KB/12 pages
published: June 2002
 

Across the country, state lawmakers and corrections officials are facing the most severe spending cuts in a decade. Closing prisons, laying off correction officers, and eliminating education and drug-treatment programs may save funds in the short term, but they do not address how resources can be best managed over the long term. This Issue in Brief from Vera's State Sentencing and Corrections Program shows how some states have seized the opportunity presented by changed public attitudes toward crime and incarceration to deploy innovative tools such as structured sentencing, simulation models, and risk assessment at sentencing to enhance stability in their justice systems and save money.
 

 
Issues of Consistency in the Federal Death Penalty: A Roundtable Discussion on the Role of the U.S. Attorney

Robin Campbell
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 PDF: 466 KB/24 pages
published: May 2002
 

U.S. Attorneys are the first line of decision makers in the process that identifies which cases may be subject to the federal death penalty. A Justice Department survey released in 2000 showed that since the mid-1990s, when the number federal death penalty-eligible crimes was greatly expanded, a disproportionate number of defendants considered for the sanction were minorities. The Vera Institute of Justice convened a roundtable of former U.S. Attorneys who served during the study period to discuss what role, if any, their decision making process played in the imbalance. This report draws on that discussion to examine the challenges prosecutors face in reconciling local conditions against nationwide laws that many considered unduly focused, for political reasons, on urban, drug-related crime.
 
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Bolder Management for Public Defense:
Leadership in Three Dimensions


Cait Clarke and Christopher Stone
published: November 2001
 

Some of the country's most innovative public defender managers are enlarging their roles beyond basic administration to provide greater internal leadership, engage colleagues in other criminal justice agencies on systematic reforms, and participate in public debates on crime prevention. In this booklet, Vera Executive Director Christopher Stone and co-author Cait Clarke describe the ways leading defender managers are reinventing their jobs and making public defense a central element of efforts to improve our system of justice as a whole.

Published by the federal Bureau of Justice Assistance, Bolder Management for Public Defense is one in a series of papers developed with some of the leading figures in public defense during their periodic meetings at Harvard University's John F. Kennedy School of Government. It is available for free download from the National Criminal Justice Reference Service:

 
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Ultimate Advocacy, Vol. 4: A Defender's Guide to Leadership Training

Dara Orenstein and Nancy Vorsanger
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 PDF: 132 KB/29 pages
published: June 2001
 

A Defender's Guide to Leadership Training is the fourth and final booklet in the National Defender Leadership Project's Ultimate Advocacy series. The first three introduced strategic management, reflective practice, and asset-based management, strategies that can help defender leaders solve problems, strengthen relationships, and build support for their agencies, as well as the cause of indigent defense.
 
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Serving Incarcerated and Ex-Offender Fathers and their Families: A Review of the Field

John M. Jeffries, Suzanne Menghraj and Creasie Finney Hairston
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 PDF: 407 KB/64 pages
published: February 2001
 

This publication is a review of materials developed and disseminated by programs serving prisoners or low income fathers and their families.
 
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Why Planning for Release Matters

Marta Nelson and Jennifer Trone
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 PDF: 92 KB/8 pages
published: October 2000
 

The second Issue in Brief from the State Sentencing and Corrections Program suggests ways that officials around the country might reduce reincarceration by preparing inmates to meet the challenges they will encounter in the community.
 
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Ultimate Advocacy, Vol. 3: A Defender's Guide to Asset-Based Management

Nancy Vorsanger
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 PDF: 73 KB/15 pages
published: May 2000
 

A Defender's Guide to Asset-Based Management is the third booklet in the National Defender Leadership Project's Ultimate Advocacy series.
 
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Do Drug Courts Save Jail and Prison Bed Space?:

Reginald Fluellen and Jennifer Trone
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 PDF: 92 KB/8 pages
published: May 2000
 

The first Issue in Brief from the State Sentencing and Corrections Program reviews the latest research on drug courts and bed space, and offers practical advice on how to conserve correctional resources in the short term and over time.
 
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Ultimate Advocacy, Vol. 2: A Defender's Guide to Reflective Practice

Ellen Schall and Nancy Vorsanger
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 PDF: 160 KB/28 pages
published: January 2000
 

A Defender's Guide to Reflective Practice, the second booklet in the National Defender Leadership Project's Ultimate Advocacy series, outlines a structured process that defender leaders can use to think about, and learn from, their experiences. It explains how reflective practice strengthens relationships (with the public and with other members of the criminal justice system), prevents misunderstandings, and helps defenders anticipate — and meet — leadership challenges. A Defender's Guide to Reflective Practice also offers practical advice on app