Yank and Spank in Hawaii

The Wall Street Journal reports on a Hawaiian program to reduce probation violations through swift and certain punishment. The program, known by the official acronym HOPE, was proposed by a Judge who:

…was assigned to criminal court in 2004 and immediately faced a slew of motions to revoke probation. In every case, he recalls, the defendant had "pages of violations stretching back months or even years" yet had suffered virtually no consequences for any of them.

That is the reality across the U.S., Prof. Kennedy said. Probation, administered by a patchwork of state and local systems and often starved for resources, "basically teaches people to ignore" probation officers' warnings, he said, until violations accumulate to a tipping point. Then, offenders face dire—and expensive—consequences: in Hawaii, as much as 20 years in prison.

To Judge Alm, this system seemed as absurd as parents failing to respond to a child's persistent misbehavior and then suddenly kicking him or her out of the house. His idea: Instead of one severe sanction after many violations, mete out relatively minor but "swift and certain" sanctions for every violation.

Does it work?

In a randomized, controlled trial of more than 500 probationers, researchers from Pepperdine University and the University of California at Los Angeles found HOPE probationers were less than half as likely as controls to miss probation-officer appointments or test dirty for drugs, even though the controls knew in advance when they would be tested and HOPE participants didn't.

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