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To cite this article: Thomas E. Feucht & Jennifer Tyson (2018) Advancing “What Works” in
Justice: Past, Present, and Future Work of Federal Justice Research Agencies, Justice Evaluation
Journal, 1:2, 151-187, DOI: 10.1080/24751979.2018.1552083
Article views: 32
Introduction
Across government and the private sector, a vigorous conversation endures about
how to best support evidence-based programs and policies across the public policy
landscape (Blumstein, 2013; Farrington et al., 2018; Nagin and Weisburd, 2013).
There is a granular level to this conversation, focused on whether a particular strategy
or program works (e.g., to prevent gang violence or to reduce recidivism), and what
can be done to improve a specific strategy or program (Drake, Aos, & Miller, 2009;
Lum, Koper, & Telep, 2011; Petersilia, 2004). There is also a broader aspect to the
conversation regarding how we should measure and take stock of our collective
efforts to produce, disseminate, and operationalize into practice the evidence of what
works—and what does not. This broader discussion certainly must inform efforts to
design and implement specific programs and subsequent program evaluations; but it
is a discussion designed to inform the direction of science and program evaluation
more generally. It is for this broader discussion that we have prepared this essay.
In criminal and juvenile justice, CrimeSolutions.gov has become a significant point
of reference for conversations about evidence-based programs and practices.
Established in 2011, the US Department of Justice’s CrimeSolutions.gov comprises
a broad, consistent, and transparent catalog of rigorous evidence for what works in
criminal justice programs and practices. Together with its sibling program in juvenile
justice, the Model Program Guide (MPG), CrimeSolutions.gov has helped to raise the
public policy discourse about what works in the justice field to an unprecedented
level of scientific sophistication and precision.1
MPG and CrimeSolutions.gov are not the first efforts by the science agencies of
the US Department of Justice to provide a catalog of what works and what doesn’t.
We are confident they will not be the last. Indeed, these two programs are only
the most recent chapters in a story of criminal justice evidence-building that began at
least 50 years ago and is not at all near its conclusion.
This exploration of the history of the evidence-based research is replete with
missed opportunities and paths not taken that may yet be viable lines for developing
and improving today’s programs. Finally, a full appreciation of the pace and diverging
lines of a specific research and development effort helps us to form realistic expecta-
tions for the progress we still hope to achieve.
We hope that, like a study of family history, this article provides a view into the
formative work of those who toiled years before us. When properly understood, these
glimpses help us to be wiser – and more humble – caretakers of a body of work that
was established decades earlier. If that wisdom informs our diligence, we may be able
to provide similar lessons for those who will certainly come after us.
Our essay begins 50 years ago and traces the significant developments by the science
agencies of the US Department of Justice to fulfil what was then a new mission of State
and local assistance to control and prevent crime and delinquency. Most importantly,
our essay outlines how establishing a tradition for rigorous evidence on what works has
been a long process marked by landmark achievements as well as failures and setbacks.
Though this process has been beset at times by changes in direction and missed oppor-
tunities that let the goal elude us for a time, it is inevitably a process of increasingly
improved evidence – a process that continues to develop and grow.
Sections I and II of the article describe early stages in the process of pro-
ducing and cataloging evidence for what works in criminal justice. Much of
1
Data from Google Analytics demonstrate the reach of CrimeSolutions.gov: during FY 2018, more than 430,000 users
visited CrimeSolutions.gov. As of 31 October 2018, more than 22,000 individuals were subscribed to receive email
alerts whenever CrimeSolutions.gov posts a new Program or Practice.
JUSTICE EVALUATION JOURNAL 153
this work dates back to the Federal agencies that predate the current science
agencies within the Department of Justice. Section III describes recent and
current activity by the National Institute of Justice and the Office of Juvenile
Justice and Delinquency Prevention, including establishing the Model Programs
Guide and CrimeSolutions.gov. Some work in the Department has been
described by Rodriguez (2018); this section fills in much more of the story
and describes important new directions in the way we compile, disseminate,
and translate justice program evaluation results. This includes an exploration of
recent work that goes beyond a simple “copy-and-paste” transplant of a pro-
gram or intervention into a jurisdiction exactly as it was developed, manual-
ized, and tested elsewhere. Section IV states the key findings from our review
of where justice evaluation has been and reflects on the complex array of
stakeholders, historical trajectories, unique jurisdictional quirks, political environ-
ments, and plethora of interrelated and interdependent programs, strategies,
and priorities that is our justice system. The article concludes with a few add-
itional thoughts and recommendations.
2
Republican Barry Goldwater is generally credited with introducing “law and order” rhetoric to presidential politics
during the 1964 Presidential campaign (Beckett and Sasson, 2008).
154 T. E. FEUCHT AND J. TYSON
to steer clear of even the perception of Federal meddling in local affairs.3 This
“knowledge broker” role for justice policy finds its earliest voice in the 1960s, as part
of President Lyndon Johnson’s Great Society:
The problems of crime bring us together. Even as we join in common action, we know
there can be no instant victory. Ancient evils do not yield to easy conquest. We cannot
limit our efforts to enemies we can see. We must, with equal resolve, seek out new
knowledge, new techniques, and new understanding (Johnson, 1966).
The President’s Commission of 1967 would describe further this distinctive knowledge
broker role for the Federal government. The Commissioners noted that “[F]inancial and
technical assistance [from the Federal government] … should be only a small part of the
national effort to develop a more effective and fair response to crime” (President’s
Commission on Law Enforcement and Administration of Justice, 1967, p. xi, emphasis
added). But if not assistance grants, what should be the distinctive role of the Federal gov-
ernment? Among the Commission’s most profound assertions was the need for a national
research agenda on criminal justice and law enforcement. The Commission found that
there were “ … many needs of law enforcement and the administration of criminal justice.
But what it has found to be the greatest need is the need to know.” (President’s
Commission on Law Enforcement and Administration of Justice, 1967, p. 273)
In its recommendations, the Commission operationalized this need by recommend-
ing the establishment of an independent Federal agency, “a National Foundation for
Criminal Research.” This independent agency would be linked to a new aid program
the Commission outlined elsewhere. It was essential, the Commission stated, that
these new Department of Justice undertakings should “embody a major research com-
ponent, if it is not simply to perpetuate present failures” in the administration of just-
ice and law enforcement (p. 277).
Following the Commission’s suggestion to develop a detailed plan for this criminal just-
ice research agency, the Department of Justice contracted with the Institute for Defense
Analyses to draw up what effectively would be the blueprint for the new science agency
named and authorized in the Omnibus Crime Control and Safe Street Act (1968). The
National Institute of Law Enforcement and Criminal Justice (NILECJ) would be housed
within the Law Enforcement Assistance Administration (the forerunner of today’s Office of
Justice Programs).4 In 1968, the IDA’s report (Blumstein, 1968) placed the first cornerstone
for what would be the distinctive Federal role for research work within a broader Federal
assistance mission to State and local criminal justice and law enforcement agencies:
[T]he principle responsibility for crime reduction and control will continue to rest
with State and local agencies and officials. The Federal Government should support
3
The apprehension of Federal meddling in local policing and justice affairs would be given voice by Congress.
Specifically: “Nothing in this title or any other Act shall be construed to authorize any department, agency, officer,
or employee of the United states to exercise any direction, supervision, or control over any police force or any other
criminal justice agency of any State or’ any political subdivision thereof” (Omnibus Crime Control and Safe Streets
Act, 1968, Section 809).
4
Today, the IDA might seem an unlikely think tank for such an undertaking, and in a recent essay, Blumstein (2018)
reflected on what seemed like a mismatch of the task to his focus on engineering and operations research. In the
1960s, however, the President’s Commission recognized the model that the Department of Defense could provide
for a research-driven Federal enterprise. Defense, the Commission noted, allocated up to 15% of its revenues for
research and development. This provided a compelling model for what the Commission envisioned for the work of
criminal justice and law enforcement.
JUSTICE EVALUATION JOURNAL 155
them by helping to do those things they are unable to do wholly on their own, espe-
cially when the benefits can be generalized and shared widely, and also by fostering
dissemination of results developed by State and local agencies on their own. In
research and development, in particular, the Institute can perform a central role with-
out infringing on the prerogatives or authority of local agencies (p. 10).
Federal support through research on State and local criminal justice operations
seemed to the Commission a particularly compelling idea. Reflecting the practical
focus of the Commission’s report, the IDA blueprint for NILECJ paid particular atten-
tion to applied research, including program evaluation. IDA saw the evaluation work
of the new Federal research agency as a core function that would continue to inform
State and local practice:
Once an innovation is developed, it must be evaluated for its utility for adoption
elsewhere. The evaluation must consider the degree to which the intended effects are
achieved, but must also take into account any side effects that may be created … The
evaluation process must always continue after the initial introduction of an innovation in
order to assess its performance in the operating context. In view of continually changing
circumstances, it is important that the concept of continual evaluation become an
integral part of criminal justice operations (p. 13).
In this original “blueprint” for NILECJ, a template was established for how the Federal
government could lead State and local criminal justice efforts through research, particu-
larly through program evaluation. The template went so far as to point out what sorts
of evidence standards would matter most in this effort. The IDA report asserted:
Wherever possible in the evaluation process, experimental controls will be required in the
evaluation … the evaluation of both operational and equipment innovations requires
considerable sophistication in social experimentation and in the techniques of
experimental design (p. 16, emphasis added).
The report says little more about program evaluation or evaluation design; it focused
more attention to setting the substantive focus for a research agenda on law enforcement,
courts, criminal justice technology, and other topics, and on the allocation of an expected
first-year research budget of $10 million across all these topics. But in a few short pages, the
report provided the blueprint for the Federal government’s research agency on criminal just-
ice. Furthermore, here at the beginning of the agency’s mission, the report would articulate
the sine qua non of experimental design in determining what works for criminal justice prac-
titioners and policy makers at the State and local level. (It would take decades for true experi-
mental evidence to receive more than passing attention in the work of the agency.)
Informed by the work of the President’s Commission and the IDA report, Congress
fashioned legislation that would establish the LEAA and its research and evaluation
agency: The National Institute of Law Enforcement and Criminal Justice (Omnibus
Crime Control and Safe Streets Act, 1968).5
Beyond instituting a significant program of Federal assistance, the Safe Streets Act
gave new voice to Congress’ desire to know what works in criminal justice policy
5
By the time Congress set to work to draft legislation to implement the Commission’s lofty designs, the notion of
research may have become something of an afterthought. One account describes how a single Congressman
introduced language to establish the NILECJ. His proposal was met with “massive indifference by senior members of
both parties” (Committee on Research on Law Enforcement and Criminal Justice,1977, pp. 14–15).
156 T. E. FEUCHT AND J. TYSON
and practice. Just a few years earlier, Congress had funded a small program of
Federal assistance to State and local criminal justice and law enforcement agencies
(Law Enforcement Assistance Act, 1965). In the 2.5 years leading to the 1968 Act,
DOJ’s Office of Law Enforcement Assistance (OLEA) had disbursed more than $20
million to support 359 projects. Now, in 1968, Congress expected some evidence of
the impact of these funds, and it instructed the NILECJ to conduct a study of what
had been learned:
Immediately upon establishment of the [Law Enforcement Assistance] Administration, it
shall be its duty to study, review, and evaluate projects and programs funded under the
Law Enforcement Assistance Act of 1965 (Institute of Criminal Law and Procedure,
1971 pp1).
The 359 OLEA awards were made with explicit expectations for individual program
evaluation. However, we would know little about the activities of these very first
Federal criminal justice assistance projects if not for what was likely the very first
large-scale post hoc compilation of criminal justice evaluation results undertaken by
NILECJ (or anyone else). Awarded a NILECJ grant to assess the OLEA programs and
their evaluations, the Georgetown University Institute of Criminal Law and Procedure
submitted a final report over 1700 pages in length. It takes only a few pages to dis-
cern the main findings of the study: there was little evidence that could be obtained
to demonstrate efficacy or impact among the 359 criminal justice grants awarded by
OLEA (Institute of Criminal Law and Procedure, 1971).6
The Georgetown report states quite clearly that any expectations OLEA may have
had for learning what works through evaluation activities incorporated into these
grants were not met:
Evaluation is always a difficult area. In most projects the evaluation took the form of
submitting questionnaires to project participants and obtaining their opinions. Rarely did
a project report include an independent professional evaluation by an objective
consultant (p. 46).
This lack of reliable evaluations likely led to language in the 1973 amended Safe
Streets Act quickly directing LEAA to evaluate its grant projects. Like previous
authorizing language, the instruction to LEAA is fairly general: it does not stipulate
a need for specific evaluation methods or for evaluations conducted by
6
The report is worth reading, if only to find comfort in seeing that the challenges of criminal justice program
evaluation are not at all new.
JUSTICE EVALUATION JOURNAL 157
Some have observed that the ambitious goal of the Safe Streets Act to learn what
works in criminal justice had to rely on a research community not yet prepared for
the challenge. Universities had neither the research staff nor the empirical literature
with which to undertake such an ambitious mission.7 Even early on, however, critics
knew that poor research could lead to ineffective programs and bad program out-
comes. A 1973 Columbia University symposium concluded the chaos in LEAA’s pro-
gram activities stemmed chiefly from a lack of useful evaluations of past programs. In
other words, those who do not effectively evaluate the flawed programs of the past
are doomed to fund those same flawed programs in the future (Law Enforcement
Assistance Administration: A Symposium on Its Operation and Impact:
Conclusion, 1973).
7
See Sherman et al.,1997, “Crime Prevention: What Works, What Doesn’t, What’s Promising” for some thoughtful
observations regarding these early investments in evaluation.
8
The study was funded through a 1976 NILECJ grant to the NAS.
160 T. E. FEUCHT AND J. TYSON
NILECJ more generally – as the agency approached its 10-year anniversary. First, prior
to the time of the task force, program evaluation was not an institutionalized function
of the agency. Not until NILECJ Director Gerry Caplan established the Office of
Evaluation in 1973 was there a section of the agency with the explicit responsibility
for determining what works in criminal justice practices and policies. Second, the task
force aspired to pivot from the weak evaluation designs of the past (what the task
force had characterized as “phase 1” evaluations) to more rigorous “phase 2” evalua-
tions to be undertaken by NILECJ (though the NAS found no evidence that greater
rigor was occurring or would be fulfilled any time soon). Third, in addition to the fun-
damental work of conducting evaluations, the task force articulated the additional
work of disseminating results and improving evaluation methods by calling for three
distinct evaluation-related offices within NILECJ – for conducting evaluation, dissemi-
nating evidence, and strengthening methods.
The perspective of just a few years provided the NAS analysis with additional insights
into the efforts of NILECJ and the task force. Chief among these is what the NAS
described as the very real tension between, on the one hand, agencies in LEAA who
operate programs and make assistance grants for implementing the programs, and on
the other, the agency (NILECJ) evaluating these assistance programs, particularly when
the evaluations aspired to get at actual impacts of the program:
[The] main goals [of a program assistance agency] in the bureaucratic interactions that
occurred were the maintenance of the good will of the local agencies and the development,
within those agencies, of the feeling of “ownership” of the innovation being demonstrated.
[The Office of Evaluation], on the other hand, was charged by the director with the rigorous
task of structuring a controlled experiment that would result in a reasonably definitive study
of a hypothesis. Furthermore, a demonstration program used as dissemination implies some
value to the technique that is being disseminated. A field experiment, hypothesis testing,
implies that the technique in question is just that –“in question.” The potential for a great
deal of tension between the two offices was present (Committee on Research on Law
Enforcement and Criminal Justice, 1977, p. 152).
It seems that the enthusiasm of the LEAA evaluation task force for a comprehensive
institutionalized structure for evaluation at NILECJ would be short-lived. Beyond the NAS
report of 1977, few further references would be made to the cornerstone proposals of
the task force for the “National Evaluation Program,” the “Model Evaluation Program,” or
its “phase1/phase 2” approach to building evidence of what works in criminal justice and
law enforcement. NILECJ Director Caplan would indeed establish three offices within the
agency to do the complex work of program evaluation; but not much else of the task
force recommendations seems to have been institutionalized.
Looking beyond program evaluation, the NAS report articulated a bold new vision
for the research agency of the US Department of Justice. It called for a more theoret-
ical approach to understanding crime (not merely evaluating programs) and envi-
sioned an NILECJ that was organized around crime problems rather than one that
focused on solutions (i.e., programs, practices, or policies for purposes of evaluation).
In a section addressing the issue of the agency’s “usefulness,” the NAS report draws a
clear distinction between NAS’s ambitions for the agency and those that called for
practical, applied knowledge-building:
JUSTICE EVALUATION JOURNAL 161
Although the Institute may have been helpful to some practitioners directly, we have
found no evidence of a productive relationship … As a general matter, therefore, the
Committee finds that the Institute has not met its service responsibilities under the Safe
Streets Act. We have already commented on the unrealistic expectations that characterize
that legislation, especially the expectation that the Institute can and should undertake to
provide immediate solutions to problems of crime. The fact that the Institute has not
achieved visibility within the larger LEAA and practitioner community may be due, at
least in part, to these unrealistic expectations (p. 72–73).
It seems that as the end of the 1970s approached, a greater body of research about
crime and justice was growing outside of NILECJ. NAS criticized the NILECJ for failing
to build “cumulative knowledge” that could find its place within this larger research
context. This failure was, according to the NAS, a result of the agency’s overly practical
focus on providing applied evidence to the problem du jour:
[T]he demand that every piece of research have immediate usefulness can lead to a narrowly
conceived program of applied development or a program heavily weighted toward
immediate-solution research … [T]he Committee found little evidence that the Institute has
been committed to cumulative research. Too many research projects appeared isolated,
developed without any historical context. This is particularly disturbing because the Institute
has repeatedly professed to have committed itself to a coherent research agenda … [The
committee] was unable to locate any evidence of a multiple approach to particular
problems … [T]he subcommittee was not able to determine what orchestration, if any, was
taking place for the purpose of filling out an area of knowledge (p. 77).
The report is replete with criticisms that challenged the assumptions inherent in the Safe
Streets Act that established the agency. Specifically, the report criticizes NILECJ for focusing
too much on narrow applied research questions and not enough on more basic empirical
questions like the causes of crime, deterrence, rehabilitation, and socialization to crime.
The hindsight of decades might suggest that a dialectic had emerged, pitting the clas-
sic perspective of criminology and the other traditional social sciences against the upstart
applied sciences of criminal justice and public policy. If nothing else, the pivotal 1977 NAS
report would mark the beginning of nearly 20 years when it would seem that NILECJ
(and its progeny, the National Institute of Justice) would wander the wilderness, searching
for a path by which research could once again inform practice and policy.
9
This insight was provided by Michael Tonry, who served as the long-time editor of what quickly became NILECJ’s
annual flagship research publication, Crime and Justice, which was also begun in 1978. Tonry has stated that, at the
time of its inception, “How Well Does It Work” was envisioned to be the annual evaluation counterpoint to C&J’s
theory-driven criminological research volumes.
162 T. E. FEUCHT AND J. TYSON
fact that it was produced only once speaks volumes to the shifting ground on which
stood the NILECJ’s evaluation work – and the slow accretion of evaluation evidence to
inform the work of LEAA and the field of criminal justice.
“How Well Does It Work” was NILECJ’s first definitive portrayal of program evalu-
ation findings from its own research grants. Now a decade into the evaluation busi-
ness, NILECJ set about to synthesize the evidence in an array of topics: law
enforcement, corrections, prevention, courts, technology, and several others.
Unfortunately, none of the syntheses was particularly compelling. Once again, in chap-
ter after topical chapter, the 1978 report only served to underscore how little was
known, what little ground had been covered adequately, and how much more evi-
dence was needed.
The 1978 report is of historical note, but it provides very little of substance.
Decades, later, it may have served as a model for the more heralded “What Works,
What Doesn’t and What’s Promising” (Sherman et al., 1997, discussed in a later section)
in how it organizes the body of evaluation results around topics such as law enforce-
ment, community crime prevention, juvenile delinquency, courts, corrections, and
others. But even in this, the 1978 volume is primarily aspirational: with only a few
exceptions, such as delinquency research and some sub-topics of policing, the chap-
ters are more laments of what we don’t know than proclamations of what we do.
Although the report concludes with a chapter entitled “Where Do We Go From Here,”
the reader is struck by the ennui, the creeping sense of dissolution that leaks from the
pages. It is as if the authors, knowing what little had been achieved in 10 years of pro-
gram evaluation, despaired of ever learning what works to prevent crime. The report
clearly echoed concerns that “nothing works,” a sentiment famously attributed to
work about the same time by Martinson and others (Cullen, 2013; Lipton, Martinson, &
Wilks, 1975; Martinson, 1974).10
Before examining the pivotal work undertaken by NILECJ (and its successor agency,
the National Institute of Justice) in the 1980s and 1990s, it is important to note the
emergence in the 1970s of a new Federal agency focused on justice research: the
Office of Juvenile Justice and Delinquency Prevention. One of this new agency’s ear-
liest projects reported on some of the best justice evaluation science of the preced-
ing decades.
10
But also see Cullen and Gendreau (2001) for an account of moving beyond “nothing works.”
11
Decades of Federal efforts to address juvenile delinquency preceded establishment of OJJDP. A President’s
Commission on Juvenile Delinquency and Youth Crime was established in 1961, years before Johnson’s Crime
Commission. Subsequent legislation in 1968 and 1972 would address Federal aid for juvenile justice and
delinquency prevention, including research; however, these functions formed first within the Department of Health,
Education, and Welfare. The 1973 Crime Control Act directed LEAA to designate juvenile justice as a top priority,
and LEAA established a Juvenile Delinquency Division in 1973 and a Juvenile Justice Division in early 1974. Finally,
in 1974, Congress authorized the Office of Juvenile Justice and Delinquency Prevention within the Department of
Justice’s LEAA (Juvenile Justice Delinquency Prevention Act, 1974).
JUSTICE EVALUATION JOURNAL 163
mandate similar to that of NILECJ.12 OJJDP’s late arrival to LEAA might be accounted
for by sensitivities around Federal involvement in issues regarding youths – something
that may have seemed deeply intrusive in a context of States rights and local author-
ity over such matters. Whatever the reason for its timing, OJJDP’s formation followed
a wave of research already in motion in the 1970s around issues of juvenile delin-
quency. A strong argument can be made for delinquency prevention research as one
of the brighter spots in early justice program evaluation. Good evidence of this is
found in the OJJDP report published in 1980 recounting the results of ten formative
experiments in delinquency prevention conducted (largely without Federal assistance)
during the 1950s and 60s (Berleman, 1980).
Most of the studies in the 1980 OJJDP report were years in implementation and
study: one, the Cambridge-Somerville Youth Study, ran 8 years. (It was also the ear-
liest, drawing subjects in 1937.) Each of the studies employed a rigorous evaluation
design. The report describes the ten as using the “classic experimental design” (with,
admittedly, some variations). Half of the ten evaluations, however, used designs we
would characterize as quasi-experimental. (No use of this term can be found in the
1980 publication.) The other five studies employed some form of random assignment
of subjects.
The studies evaluated 10 different prevention interventions that were developed
and implemented independently. Perhaps by way of acknowledging the important
role to be played by the new OJJDP, the report author notes that the programs may
have suffered for this lack of coordination, though the rigorous designs (and even the
unrelatedness) of the studies provided credible evidence of program ineffectiveness:
A glance at the “Background” section of each experiment reviewed makes clear that a
coordinated strategy to implement and evaluate delinquency prevention services has
never taken place. Each experiment was one-time and idiosyncratic. So far as can be
determined, no person prominently involved with one experiment ever went on to
become involved with a second experiment. Efficiency may not have been served by
having each experiment conducted in isolation and often in ignorance of similar
experiments. Cumulative experience may have been frustrated in never having some of
these one-time experimenters get a second chance. On the other hand, the very insularity
of each study lends a certain credibility to the cumulative findings of service
ineffectiveness (p. 112).
Remarkably, Berleman provides what could serve as the eulogy marking the demise
of experimental evaluation of delinquency prevention programs (at least for the time
being). Though he lauds them for aspiring to the classic experimental method and
clearly understands the advantages for causal attribution of outcomes, he states
firmly that:
The classic experimental design is not the only way to evaluate treatment effectiveness in
a rigorous fashion. In recent years, it has fallen into disuse … More current research has
been strongly influenced by social learning theory and the application of behavioral
modification techniques (p. 6).
12
The Act, signed by President Ford in early FY1975, included provisions for a National Institute of Juvenile Justice,
housed within the OJJDP (https://www.gpo.gov/fdsys/pkg/STATUTE-88/pdf/STATUTE-88-Pg1109.pdf ). This provision
was omitted when the Act was reauthorized several years later (http://legcounsel.house.gov/comps/juvenile.pdf ).
164 T. E. FEUCHT AND J. TYSON
Berleman goes on to describe this evaluation approach in gauzy terms that may
have mitigated against subsequent efforts to increase the rigor of program
evaluations:
Typically, the application of behavioral techniques calls initially for a close monitoring of a
selected individual’s behavior in order to establish the frequency of that individual’s
antisocial behavior within a given time frame. This before-treatment frequency count
serves as the individual’s antisocial behavioral baseline against which subsequent
behavioral counts are measured. Should the frequency of antisocial behavior lessen
significantly during and/or at the close of treatment when compared with the before-
treatment frequency count, then it is assumed that the treatment is effective. In essence,
then, these projects relied upon a single-subject, before-after evaluation model. A fall in
the subject’s antisocial rates during and shortly after treatment is taken as an indicator of
treatment effectiveness. Each subject serves as his own control, and the question of
whether treatment was better than no treatment is answered by reference to the before-
after measures (p. 6–7, emphasis added).
But for the delayed establishment of OJJDP, the agency might have figured more
significantly in helping LEAA and NILECJ set the early course to support rigorous pro-
gram evaluation. Certainly, many of these rigorous experiments on delinquency pre-
vention were extant at the time NILECJ began its work. The path across the 1960s and
70s to provide rigorous evidence for what works might have been favorably altered
had a report such as OJJDP’s 1980 delinquency prevention report been produced 10
or 15 years earlier, injecting compelling evidence into the Federal discourse regarding
the feasibility of rigorous evaluation designs.
13
Through the Justice System Improvement Act of1979, the agency that had been NILECJ was recreated as the
National Institute of Justice. By 1984, LEAA would be replaced by the Office of Justice Assistance, Research, and
Statistics, later the Office of Justice Programs (Tonry,1997). Tonry’s essay provides a fascinating review of the policy
context of the US Department of Justice for the early work of LEAA, NILECJ/NIJ, and BJS.
14
Farrington gives much of the credit for these experiments to then NIJ Director James K. “Chips” Stewart. Director
Stewart also found a way to undertake a major community-level study on the nature of crime and offending, the
Chicago Project on Human Development. During a time when funding was limited, the agency still made important
contributions through both applied and basic studies on crime and delinquency. However, the need to support a
balanced research portfolio with limited funding made it difficult to build a substantial body of findings in any
single program area.
15
The June 2003 issue of Evaluation Review in which Farrington’s article appeared provides additional glimpses to
Criminal Justice evaluation during the 1980s and 90s. By and large, the papers echo Farrington’s characterization of
the “meager feast” of experiments, despite a clear understanding of the need for rigor in program evaluation and of
the evaluation designs that would provide strong evidence.
JUSTICE EVALUATION JOURNAL 165
Farrington and others figured prominently during the 1980s in calling for greater
attention to the role of experiments to evaluate the effectiveness of justice interven-
tions and programs. His 1986 volume, with Lloyd Ohlin and James Q. Wilson articu-
lated the need for high-quality experiments if causal hypotheses were to be
adequately tested (Farrington, Ohlin and Wilson, 1986).
This call for increased rigor in criminal justice evaluation is echoed by Lempert and
Visher (1988), who recount the proceedings from a 1987 meeting on the issue of
experiments in criminal justice evaluation. In their NIJ-published paper, Lempert and
Visher outline the key considerations for designing and undertaking experiments to
test criminal justice policies and practices. These include thoughtful selection of the
research question (not all issues lend themselves to experimentation, they pointed
out); attention to legal and ethical aspects of the study; rigorous adherence to a ran-
dom assignment design throughout the project; and close collaboration between
researchers and practitioners.
Unfortunately, the sense of purpose voiced by Farrington, Lempert and Visher, and
others for greater use of experiments would be undermined by falling budgets and shift-
ing priorities. Blumstein and Petersilia (1995) reported that NIJ’s budget was essentially
flat from 1980 until 1994 (and the beginning of the Crime Act). Tonry (1997) described
the “atrophy” of key substantive areas of research during the 1980s as resources
declined, the agency’s attention wavered, and lines of research were abandoned.
NIJ would not again create a catalog of evidence like the 1978 “How Well Does It
Work” report until nearly two decades later – due in part to the slow accretion of
evaluation studies. Many of the experiments of the 1980s would have to wait a dec-
ade or more for inclusion in the pivotal “Preventing Crime: What Works, What Doesn’t,
and What’s Promising” report, published in 1997. By then, whatever earlier despair
had developed around learning what works would be replaced by a swell of growing
enthusiasm (again!) for building the definitive body of program evaluation evidence.
A key strategy to disseminate evaluation results would take form during the 1980s.
The proceedings of the First National Conference in Criminal Justice Evaluation, spon-
sored by the NILECJ, was published in 1981 (Garner and Jaycox, 1981).16 The nearly
400-page proceedings document features a selection of full-length papers that convey
the agency’s broad scope for program evaluation. Sections of the conference included
papers on policing, courts, corrections, and community program evaluations; evalu-
ation methods were covered in a separate set of papers (such as Robert Martinson’s
“Recidivism and Research Design: Limitations of Experimental Control Research”). The
keynote address by Sir Leon Radzinowicz, founding director of the Institute of
Criminology at the University of Cambridge, notes the size of the event: 34 panels,
over 150 reports and papers, and more than 1,400 participants.17
The record of the NIJ conference series during the 1980s is hazy; but annual confer-
ences from 1990 forward are well documented and show the agency’s deep and
16
The meeting occurred in February, 1977, in Washington, DC. Given the lapse of three years from conference to
publication, it is surprising to find evidence of a second national conference on criminal justice evaluation the next
year, in November 1978 (though no published proceedings from that second meeting have been located).
17
The complete set of abstracts from the 1977 conference is available at https://www.ncjrs.gov/pdffiles1/Digitization/
39313NCJRS.pdf.
166 T. E. FEUCHT AND J. TYSON
1997 “Preventing crime: What works, what doesn’t, and what’s promising”
At the time of its release, Preventing Crime (Sherman et al., 1997, also known as the
“NIJ ‘What Works’ Report”) was widely acknowledged as a pivotal report on criminal
18
Proceedings from most annual conferences in the 1990s can be found on NCJRS at https://www.nij.gov/events/nij_
conference/Pages/archive.aspx. Each year, NIJ and OJP covered all costs of participants’ travel expenses. As these
costs continued to rise amid tightening agency budgets, the conference series came to an end in 2012.
JUSTICE EVALUATION JOURNAL 167
19
Preventing Crime was considered such a pivotal publication it was assigned its own distinctive web address within
the National Criminal Justice Reference Service library (www.ncjrs.gov/works).
20
It is difficult, however, to judge from Preventing Crime the degree to which justice evaluations overall had
become more rigorous. Though each chapter provides a narrative portrait of the rigor and depth of the available
evaluation evidence, due partly to the complexity of the research data across and within the various settings, “What
Works” does not provide an overall tally of the evidence.
168 T. E. FEUCHT AND J. TYSON
doing so, the report formed a foundation for subsequent evidence registries. Part of
the foundation is to identify not only what is “effective” or “promising” but also what
is “ineffective.” As increasingly powerful on-line registries developed, a multitude of
justice evidence scales and standards would be explored, leading eventually to talk of
“common standards of evidence” to sort out competing scales and measures of evi-
dence rigor. But for a while, a variety of evidence standards would be employed in
criminal and juvenile justice research.
21
In 2004, the agency was renamed the Government Accountability Office.
22
An evaluation office had existed from the 1970s into the 1990s when the function was eventually absorbed within
topic-specific research divisions.
23
A decade later, Telep, Garner, and Visher (2015) provided an updated report showing increased use of
experiments in 2001–2013, comprising about 10% of all NIJ research funding for those years.
24
In a formal response to the NAS report, NIJ Director John Laub noted conditions imposed by Congress on NIJ funds
(especially on funds appropriated specifically for capacity building). Laub also noted that “NIJ’s management of both
research programs and capacity-building programs may provide a context for making better decisions about both
research and capacity building” and could create “synergy in which each program informs the other” (Laub, 2011).
JUSTICE EVALUATION JOURNAL 169
25
https://www.blueprintsprograms.org/programs, accessed November 19, 2018.
170 T. E. FEUCHT AND J. TYSON
26
The information contained in the Community Guide later transitioned to what is currently www.Youth.gov, which is
administered by the Department of Health and Human Services. This collaboration continues today.
JUSTICE EVALUATION JOURNAL 171
disseminated. Some familiar with the effort have suggested that the standard for evi-
dence may have been so high that too few programs would be judged as evidence-
based, leading to waning enthusiasm for the effort in the sponsoring agencies. Others
have suggested the effort simply lost momentum amid changes in OJP leadership.
Importantly, the What Works Repository would presage a feature of evidence stand-
ards that would inform important developments to come: namely its continued com-
mitment to including ratings on programs that were not effective, a feature first
introduced in Preventing Crime. (Neither the Blueprints Program nor the MPG registry
included a list of programs that failed against the standards of evidence.) This feature
would form a cornerstone of CrimeSolutions.gov and would figure prominently in a
redesign of MPG (including the rerating of MPG programs using the new
CrimeSolutions.gov standards of evidence).
27
Robinson was returning to serve as AAG in OJP for the second time: she had previously served as AAG during the
late 1990s.
172 T. E. FEUCHT AND J. TYSON
28
As of November 15, 2018. www.crimesolutions.gov
29
The “No Effects” rating in CrimeSolutions.gov includes programs with null or negative results; each program
narrative provides information describing the specific findings and results.
30
See https://www.crimesolutions.gov/about_evidencerating.aspx
31
OJJDP Meeting Notes on MPG: Strategy and Next Steps, December 11, 2011.
JUSTICE EVALUATION JOURNAL 173
All MPG programs that would align within CrimeSolutions.gov’s rubric were re-
reviewed, and new profiles and ratings were entered into the CrimeSolutions.gov
database. In most cases, the re-review resulted in a similar rating; however, for 20
programs, the re-review resulted in a new classification under CrimeSolutions.gov as
“No Effects.” For 66 programs, the re-review resulted in the lack of classification
because there was “insufficient” evidence. In addition, 21 programs were screened out
prior to classification because they no longer met the scope or minimum evidence cri-
teria established for review under CrimeSolutions.gov. In many of these cases, the pro-
grams were no longer operational and did not appear to have much of an impact.
However, in some cases the change in classification caused confusion among constitu-
ents who used Model Programs Guide as well as concern among program developers.
Finally, some content (the Disproportionate Minority Contact and Deinstitutionalization
of Status Offenders content) that had been developed under Model Programs Guide
no longer fit into OJJDP’s next generation of an evidence-based MPG and OJJDP
migrated this content to a training and technical assistance provider.
In November 2013, OJJDP officially re-launched its new Model Programs Guide with
a list of juvenile programs that fully aligned with CrimeSolutions.gov but maintained
the brand and features of the original effort. Both sites now use the same underlying
database of programs to project juvenile/youth programs simultaneously to both sites.
The Model Programs Guide project still funds the review and input of the vast major-
ity of “juvenile” programs on CrimeSolutions.gov (and MPG and Youth.gov).
32
See https://www.crimesolutions.gov/faqs.aspx for more information.
33
The obvious exception is where the same program is evaluated separately in more than one setting. This,
however, is generally a true replication of the same identical “name-brand” program.
174 T. E. FEUCHT AND J. TYSON
34
Office of Justice Programs Request for Quote 2010Q_028 Evidence Assessment of Justice Programs and
Practices, 2011.
35
This was also when the program was relocated from the Office of Justice Programs to its current home in the
National Institute of Justice.
36
As of November 19, 2018. www.crimesolutions.gov
37
The CrimeSolutions.gov practice scoring instrument is available at: https://www.crimesolutions.gov/about_
practicereview.aspx
JUSTICE EVALUATION JOURNAL 175
the amount and quality of service delivered. Lipsey’s approach suggested that the
best way to use evidence to improve effectiveness had less to do with identifying any
particular evidence-based program; instead, it was more about identifying how to
facilitate matching the unique criminogenic risks of a youth to the right program type
with the right quality and quantity of services. This may or may not include imple-
menting an identifiable evidence-based program.
To facilitate the application of the aggregated findings from his comprehensive
meta-analysis within varied and unique jurisdictional settings, Lipsey produced an ana-
lytic tool – the Standardized Program Evaluation Protocol (SPEP). The SPEP used the
evidence base of Lipsey’s meta-analysis to create a scoring protocol that could be
used to “evaluate” the match between the risk levels of the youth, the services avail-
able, the quality and quantity of those services, and relevant contextual factors. SPEP
provides a quantitative assessment of the degree of the fit and identifies gaps as
opportunities for program improvement. In 2012, OJJDP provided funding to imple-
ment the SPEP tool in three states in order to assess effectiveness of a wide range of
delinquency programs (Liberman and Hussemann, 2016).
Essentially, Lipsey’s SPEP is a program decision support tool based on evaluation
results from hundreds of delinquency interventions. Lipsey describes it as a
“framework” for “the integration of a forward-looking administrative model with evi-
dence-based programming” (Lipsey et al. 2010, p 5). The administrative model is the
work of assessing programs in operation for effectiveness and to plan forward-looking
changes to increase program effectiveness.
Evidence-based repositories, such as the Model Programs Guide, have also begun
to recognize the greater systemic and community contextual factors that affect imple-
mentation in the Implementation Guides. Under OJJDP’s Model Programs Guide, DSG
collected information from juvenile justice practitioners and policymakers regarding
how they use information about evidence-based programs in their daily lives. While
this information collection consisted of a small number of informally structured focus
groups, DSG was able to systematically code and analyze the qualitative data into dis-
cussion themes. The first theme that emerged was the importance of funding. The
second most mentioned theme was “adaptation” (Stephenson, et al., 2014). The juven-
ile justice specialists, members of the state advisory boards, and local program imple-
menters appeared to fully appreciate the concept of fidelity but considered
adaptability a higher priority in evidence-based program decision making. As a result
of this data collection effort, MPG’s I-Guides were launched in 2016. I-Guides outline
10 steps that should be taken in the pre-implementation stage (before identifying or
implementing an evidence-based program or practice). Identifying the evidence-based
program is only one of these steps: the other nine focus on identifying target popula-
tion, program goals, key stakeholders, community needs, and funding factors, and
ensuring the program selected is aligned to these considerations (Office of Juvenile
Justice and Delinquency Prevention. (n.d.-b).
Other juvenile justice initiatives have also been focused on systematic translation
methods to apply an evidence-based approach to practice with a broader orientation
than the traditional “evidence-based program model.” One example is the Juvenile
Drug Treatment Court Guidelines (Office of Juvenile Justice and Delinquency
176 T. E. FEUCHT AND J. TYSON
Prevention, 2016), that involved two meta-analyses, two systematic reviews, and a pol-
icy and practice scan to examine the relative effectiveness of program types and court
practices on youth substance use and juvenile offending outcomes, as well as the
mediators, moderators, and correlates of that relative effectiveness. The staff involved
in the project then developed a “protocol” that established an analytical framework to
assess the relative strength of evidence findings about certain practices, translate the
types of practices with the strongest findings into a set of guidelines, and integrate
contextual information about implementation (Jarjoura, Tyson, & Petrosino, 2016). The
teams involved in the project then created a “self-assessment tool” that provides the
instrument to assess the closeness of practice of any local court to the established
guideline based on evidence. OJJDP is funding an ongoing evaluation to examine the
effectiveness of this approach.
The National Mentoring Resource Center has also established a framework that
includes, but does not limit its evidence-based guidance to “model” programs.
Instead, it examines the evidence of those models in combination with practices and
resources as well as a structure of measurement guidance to establish a continuous
quality improvement approach to evidence. Research evidence is not regarded as a
singular, static set of information about a particular program but is instead examined
in a broader context (National Mentoring Resource Center Research Board, n.d.).
While the goals and methods across these initiatives differ, they represent a body
of work that broadens the focal point of federally-funded evidence-based approaches
to include structured tools to assess closeness of fit between a system’s or commun-
ity’s practices and the existing evidence-base, which includes but is not limited to
appropriate implementation of a model program.
Findings
In this concluding section, we describe what this historical analysis suggests about the
past, current, and potential future directions about understanding research evidence
in criminal justice. Our review of more than 50 years in pursuit of program evidence
of effectiveness for criminal justice has followed a specific path: the arc traced by the
Federal agencies charged with the mission of leading and guiding this pursuit. These
agencies figure prominently in our conclusions about what lies ahead, though we
acknowledge that much of what will define the future lies beyond their domains.
Success in the future, as in the past, will depend on resources and partners. As much
as anything, success will depend on the vision of those who are placed in positions of
leadership in these Federal agencies and throughout the key agencies and partners
that comprise the tapestry of criminal justice.
Finding 1: “What works” is probably the wrong question. At least, it is not the
complete question
For more than 50 years, federal agencies within the US Department of Justice have
been at work to bring evidence to bear on criminal justice policy and practice. This
history is grounded in foundational legislation that formed federal agencies and their
JUSTICE EVALUATION JOURNAL 177
missions to work with communities, agencies, and individuals across the country. The
belief in the ability of research and evidence to decrease crime and improve public
safety is a theme in the legislation and the evolution of federal evidence-based policy
in criminal and juvenile justice. From its genesis, the persistent research question has
been some form of “what works?”
Despite its persistence – from the 1974 “How Well Does it Work,” to the 1997
“Preventing Crime: What Works, What Doesn’t and What’s Promising,” to the present
vernacular of “what works clearinghouses” like Model Programs Guide and
CrimeSolutions.gov – the question of what works minimizes the complexity of even
the most straightforward program evaluation (Sampson, 2010; Butts and Roman,
2018). Contextual features – for whom, in what dosage, in which communities, and
under what conditions – have always formed a backdrop to the “it works or it doesn’t”
bottom line result of any evaluation. Researchers and program partners often agonize
over choices that determine context: which site, which subjects, what dosage, and so
on. Yet we often fail to note these important programmatic features once the inter-
group t test results are in.
The oversimplified goal of identifying what works in the criminal and juvenile justice
community pervades our field. The legacy of our research history is a language that
emphasizes program effect, fidelity, and replicability over context or adaptation. Even
the program databases in CrimeSolutions.gov and Model Programs Guide (and other evi-
dence repositories) lend themselves to a focus on “what works,” even though they con-
tain much richer information. Users of these databases can easily overlook detailed
information provided about a program’s evaluation and its methodological rigor, varia-
tions among outcomes, the conceptual framework of the program and how it figures
into the program’s assessment, the fidelity with which the program is implemented, and
other valuable program and contextual information. Some early critics of
CrimeSolutions.gov cautioned against the red-yellow-green rating schema precisely
because it minimized many of these important details of the program and its evaluation.
What “doesn’t work” is similarly blinkered. It’s likely that most CrimeSolutions.gov
users readily disregard programs rated “No Effects,” perhaps assuming these programs
contain nothing of value. It’s worth remembering that though these programs were
judged to not achieve criminal justice outcomes in a given context, they may “work”
elsewhere or with other outcomes (the inverse of “Effective” programs that sometimes
fail in replication). Another overlooked group of CrimeSolutions.gov programs provides
even more potential value: those classified as “no rating due to inconclusive evidence.”
For these, the failing was often the evaluation or its design, not necessarily the pro-
gram itself. We could learn a lot about how we use – and misuse – our evaluation
tools from a closer inspection of these studies; and there likely are effective programs
to be found and evaluated more rigorously.
Rather than framing evaluation results only in terms of “what works” (or what
doesn’t work), we might address other important questions more completely. Under
what circumstances did the program work and not work? What aspects of the pro-
gram contributed to its effectiveness or lack thereof? Knowledge is cumulative, time
and places are dynamic, and research is iterative. Pretending otherwise limits the value
of what we learn from any single study.
178 T. E. FEUCHT AND J. TYSON
always occur (often despite our best efforts to control or prevent them). Our review of
more than 50 years of identifying evidence-based programs in criminal justice shows
that a clear, manualized program with strong, rigorous evaluation evidence will always
have an important role in building the body of evidence. And strict replication of
these programs is needed to rule out chance findings from single studies (Farrington
et al., 2018; Pridemore, Makel, & Plucker, 2018). At the same time, we must propel the
field toward ever-more expansive program variations to find the limits of our current
interventions in order to develop the next generation of ever-more effective programs
and strategies (Lo€sel, 2018).
Learning how to organize the expanding, dynamic, and evolving body of evidence
to support a more nuanced discussion about using research evidence will be key to
our work of bringing evidence to bear on policy and practice. We have been shown
one way forward through the systemic approaches of SPEP; and juvenile justice
researchers are already expanding on this approach in tools like the Juvenile Drug
Treatment Court Guidelines, National Mentoring Resource Center, and the MPG
Implementation-Guides. Undoubtedly, there are more tools and strategies waiting to be
discovered and developed.
Recent developments in the field of medical research suggests such tools will be
needed in our own field sooner than later. The Institute of Medicine (IOM) consensus
report on “the learning health care system” noted the rapid growth of research data: on
any given day, there are more than 2,000 health-related research studies published, about
10 meta-analyses begun, and about 75 clinical trials started (Institute of Medicine, 2013).
How can clinical practice ever hope to keep pace?
Much of that hope rests on nascent artificial intelligence systems that will continually
incorporate new research data to inform increasingly refined “decision support tools” to
guide clinical practice. At least some of these tools blur the distinction between research
findings and administrative (in some fields, “clinical”) data. For example, the IOM report
highlights Sweden’s hip replacement registry, which was started in 1979 and adds data on
more than 17,000 hips surgeries each year. The registry contains detailed data on each
patient, surgery, hospital, surgeon, after-care provider, and up to 10 years of follow-up out-
come data on the patient’s health and quality of life. Notwithstanding valid concerns
about naïve faith in “big” administrative data (Lynch, 2018), it is worth considering what
our criminal justice equivalent to Sweden’s hip surgery registry might reveal about what is
working and not working to prevent and control crime, violence, and delinquency.
In a policy environment like criminal justice, where many key aspects are determined
locally, programs need to be relevant – valid, essentially – to the local communities that
implement them. Where local resources and local statutes form the backdrop, local deter-
mination of at least some program features must be acknowledged and encouraged for
successful program uptake and effectiveness. Even programs proven highly effective else-
where may require significant adaptation and alteration to match local needs and con-
straints. Moreover, local context and conditions are not immutable, so programs must not
be framed in static terms. Program implementation occurs in an ever-changing temporal
and geo-spatial context. In order to remain relevant and effective, programs and interven-
tions may be continually redesigned through implementation, testing, and improving – a
dynamic process of invention and re-invention.
180 T. E. FEUCHT AND J. TYSON
If research evidence is to have a more prominent role in the future of crime and
justice programs and policies, its interaction with the innovation, implementation, and
redesign continually occurring in thousands of communities across the country must
be much more immediate, integrative, and persistent. CrimeSolutions.gov and Model
Programs Guide have taken formative steps in this direction: in addition to elementary
answers to “what works,” the repositories also include a much broader set of Practices,
Implementation Guides, and literature reviews that start examining the contextual fea-
tures of those program implementations. These important developments need to be
supported and extended further.
38
Stone and Travis (2013) named “national coherence” as a pivotal goal in policing – a part of the justice system
particularly riven by intensely local determination and variation. Their paper was part of the “second” NIJ Executive
Session on Policing. The second – and papers like Stone and Travis’s – can trace heritage to the earlier NIJ
Executive Session which was held in the 1980s and was intellectually tied (through concepts like co-production of
public safety and what would become the concept of community policing) to the work of the Commission.
39
Though the Commission’s report called for “as much as $200 million” in 1967 to fund research and led to the
establishment of a new Federal source of funding to support state and local criminal justice (LEAA), the funding
ambitions were never realized. LEAA’s total program budget in 1973 (the apex of LEAA funding) is estimated to
have been not more than 10% of national 1973 expenditures on crime and justice. NILECJ’s research portion, of
course, was miniscule, less than one-twentieth of LEAA funds. NIJ’s budget has never approached even so much as
a tenth of a percent of national crime and justice expenditures. (Contact the authors for details on these budget
data and estimations.)
JUSTICE EVALUATION JOURNAL 181
Conclusion
The history of what works in juvenile and criminal justice is a story of evolution in
how we conduct rigorous evaluation and how we define the terms and standards of
evidence. The federal approach and role in this ongoing dialogue has been shaped by
legislation, federal policy, the state of justice research, relationships with local agencies
and organizations, and partnerships across public-private workgroups. The history of
the evolution of the conversation and approach provides an important context for
understanding current efforts to identify and catalog evidence-based approaches.
Compressed to a few pages, our history of building evidence might seem to be
largely about finding “what works” in justice. And it may seem marked by fits and
starts, by good beginnings that faltered, and by fortuitous events that seemed to avert
calamity by steering matters more closely to course, at least for a while. Read this
way, our history of building evidence to inform practice and policy is a bit disappoint-
ing, perhaps even frustrating, for the opportunities missed, the time lost, and the
182 T. E. FEUCHT AND J. TYSON
forward motion that seemed to be interrupted again and again with the answer still
beyond our reach.
However, viewed over more than 50 years of evolving knowledge about context
and implementation, one can see all the countervailing forces and competing prior-
ities not as impediments to progress, but instead as a call to continuous growth and
improvement. From this point of view, one can more see 50 years of evidence-build-
ing as an ongoing (if not consistent) effort, marked by resilience and persistence even
through times of turbulence and falling resources.
Writing in 1967, the Commission noted a 1927 study that concluded that science
was needed in the justice world to “separate the known from the unknown, to divorce
fact from assumption, and to strip biases of every sort of their authority.” The
Commission resignedly acknowledged that not much had changed in the 40 years
since that study. Our review of the 50 years since the Commission confirms just how
difficult this pursuit continues to be.
Perhaps our quest for evidence-based justice will never entirely separate the known
and unknown, fact from assumption, or strip every possible bias from our discourse.
Social science evaluation in the real world will never eliminate all potential threats to
internal or external validity, and application of those findings to an ever evolving set
of circumstances will never be quick enough to be perfectly situated.
A more realistic (and achievable) set of goals might be to maximize the known, dis-
tinguish as clearly as possible what remains unknown, draw clearer boundaries
between fact and assumption, and reduce biases to the greatest extent possible.
Doing this, while remaining attentive to the varied and ever-shifting context in which
programs are implemented and tested will go a long way toward providing justice
practitioners with the highest confidence possible in our policies, practices, and pro-
gram decisions.
Disclosure statement
No potential conflict of interest was reported by the authors.
Notes on contributors
Thomas E. Feucht, PhD, is Executive Senior Science Advisor at the National Institute of Justice
(NIJ), U.S. Department of Justice. He has served NIJ’s Deputy Director for Research and
Evaluation, program director for NIJ’s CrimeSolutions.gov, and science advisor at the National
Institute of Corrections, Federal Bureau of Prisons. He has conducted and published research on
policing and terrorism; substance abuse; intravenous drug use, HIV, and prostitution; prison
drug use; research for policy and practice; and school violence. Before joining NIJ in 1994, Dr.
Feucht was Associate Professor in Sociology and in the College of Urban Affairs at Cleveland
State University. Dr. Feucht received his doctorate in sociology from the University of North
Carolina-Chapel Hill with an emphasis on quantitative research methods and statistics.
Jennifer Tyson is a senior social science analyst in the National Institute of Justice, Office of
Research and Evaluation. In this position, she supports the development, management, and
operation of NIJ’s research and evaluation agenda around diverse juvenile justice system, juven-
ile delinquency, and child victimization topics. She previously served as the research coordinator
for the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and focused on
JUSTICE EVALUATION JOURNAL 183
translational research efforts in mentoring, juvenile drug treatment courts, and delinquency pre-
vention initiatives. She also completed a temporary assignment with the Office of Justice
Programs’ Evidence Integration Initiative (E2I) – an initiative that launched CrimeSolutions.gov
and aimed to better integrate research and evidence both within OJP and in the field. Prior to
joining OJJDP, she served as a coordinator for a national training and technical assistance pro-
ject at American University and as a program coordinator for a community-based crime preven-
tion and public safety effort in the Office of the Attorney General, Commonwealth of
Massachusetts. Jennifer holds a B.A. in Philosophy and Psychology from Boston University and
an M.A. in Child Development and Urban Policy and Planning from Tufts University.
Acknowledgements
The authors wish to thank NIJ Director David Muhlhausen for his support of this essay. We also
wish to thank Marcia Cohen, Brecht Donoghue, Scott Hertzberg, Tammy Holt, Amy Leffler, Lee
Mockensturm, Angela Moore, David Muhlhausen, Rianna Starheim, Rachel Stephenson, and
Phelan Wyrick for providing valuable comments on earlier drafts. Scott Hertzberg and James
Fort were instrumental in filling in key gaps in our knowledge by surfacing several historical
documents that were known to exist but were particularly difficult to find.
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