This document provides an overview of a paper that will discuss issues with disproportionate minority confinement in the US criminal justice system. It begins with a brief history of the author's experience growing up as a young black man in a low-income urban environment. It then discusses the "Nothing Works" doctrine which hypothesized that rehabilitation programs did not work. It notes high recidivism rates and that minorities are disproportionately represented in the criminal justice system. The paper aims to investigate why rehabilitation programs have failed and why minorities face disproportionate rates of confinement through the author's perspective combining academic study and experience as a law enforcement officer.

1. Nothing Works: Disproportionate Minority Confinement
Clyde Knight Jr.
University of Texas Arlington
Course: Race, Crime, and Justice
2013: Master’s Program CoHort
The United State Criminal Justice system (the system) has become inundated with overcrowd-
ing, political pressures and favors, ineffective policy and over worked caseloads. The text will
view the system from the eyes of this author’s perspective as a youth and then later on as a
law enforcement practitioner. The text will explain some of the perceptions of the relationship
and trust issues that suffered between minority communities and the local government i.e.,
police department. Comparisons will be made through out the text to illustrate the negative
impact on relationships, trust and expectations of society and public servants. The text will
offer some anecdotal evidence experienced by the author. The question: talk about what a
22-year-old minority might have experienced growing up in a low-income urban
environment?
Lost
This paper begins with a history of a young Black man
residing in a low-income urban environment with social im-
pediments that plague and become part of the contextual
characteristics of the neighborhood. The young man dis-
cussed in this paper covers a brief synopsis of the author’s
childhood. The text covers social conundrums, negative ex-
ternalities, and experiences of social disorganization and de-
terioration within the community from strain and anomie vis
a vis common sense approaches.
The Hood
The school-of-hard-knocks created a unique approach to
what those residing and abiding by social constructs in low
income urban environments (the hood) used to express their
perspective for quality of life issues which for most New
Yorker’s (NY’ers) excludes the use of political correctness
(Killing, & Coles, 1996). Most residents of the hood became
realists, especially in neighborhoods of New York City. The
author’s perspective is a first hand experience with gangs,
poverty, and the negative contextual characteristics.
The paper will discuss the impact of Martinson’s (1974)
Nothing Works doctrine. A theory made infamous in it
claims that counseling, neither psychotherapy nor skill
development worked as a consistent remedy for the
increasing incarceration rate within the Criminal Justice
System. Controversial, Martinson (1974) hypothesized that
offender’s could not be rehabilitated - change their way of
problem solving without thoughts that included criminality.
In a 2014 U.S. Department of Justice, Office of
Justice Programs’, Bureau of Justice Statistics study
conducted by Matthew, et al., BJS, Statisticians (2014)
found that:
* About two-thirds (67.8 %) of released prisoners were
arrested for a new crime within 3 years, and three-quarters
(76.6%) were arrested within 5 years.
Figure 1. Recidivism Rate
*Within 5 years of release, (82.1%) of property offenders
were arrested for a new crime, compared to (76.9% ) of drug
offenders, (73.6%) of public order offenders, and (71.3%)
of violent offenders.
*More than a third (36.8%) of all prisoners who were ar-
rested within 5 years of release were arrested within the first
6 months after release, with more than half (56.7%) arrested.
Their findings seemed to be substantiated with statistically
significant associations between the rehabilitation-treatments
and the increased (Fig. 1) rate of recidivism. The paper will
then talk about the trends of mass incarceration and the knee-
jerk reaction from politicians to their constituents. And how
the intensified policing efforts flooded the CJS with arrest
that some have speculated were politically motivated and en-
forced by career politicians.
During the Nothing Works decade the vitriol expressed by

2. 2 CLYDE KNIGHT JR.
the public led to the construction of more jails, super max,
SHUs and hyper max facilities seen by some in the 1970’s
as an extension of social welfare system. A symptom of a
broken society where the disenfranchised learned to manip-
ulate [work] the system for benefits, education, training, and
medical treatment and of course offender’s learn more about
their particular area of criminality (Durose, Cooper, &
Snyder, 2014).
This trend some would argue, originates from racially
motivated policies and policy makers resulting in a crimi-
nal justice system of disproportionate minority confinement
(DMC). Mass incarceration promoted dehumanizing, demor-
alizing and inhumane behavior leading to the mentally un-
stable or morally deprived criminal, some of which were re-
leased back into society (Hsia, Bridges, & McHale, 2004).
Many such releases are a matter of constitutionality and are
sanctioned or mandated by legislative actions, policies and
judges’ rulings regardless of the angst of society - not in my
back yard (NIMBY) mentality.
Figure 2. Disproportionate Minority Confinement
The System
Within the body of knowledge seems to be this deaf-
ening silence; an obvious systemic disconnect between what
is rational and common sense within the three main com-
ponents of the Criminal Justice system (CJS) - cops, court
and corrections, and what is ’not working’ as a best practice
(Hsia, Bridges, & McHale, 2004). Each component with its
corp of experts with philosophies promoting a disconnect.
The Courts wants to clear dockets, the cops want to get the
bad guy, corrections want to reduce prisoner population. But
addressing the reason why the system is dysfunctional is left
to those outside of the system. Such as the politician,
t h e academic, and advocate, all vying for the prestige,
funding or promotion. Mean while class warfare, economic
instability, political bickering and social upheaval all take
there toll resulting
in a public demanding something be done. The system is in-
undated by outside influences while core issues are ignored
and those that have fallen through the cracks of the fabric of
society are lost.
I am not advocating a free pass on offenders for their
crimes. And I do not subscribe to plea deals or the like (social
justice) to reverse DMC. These reactions risk allowing real
hardened criminals back into society prematurely. However,
I would suggest that any strategy include a comprehensive
multifaceted investigative approach guided by a fact finding
discovery process including evaluations of: CJS executive
managers, judges and commanders. Exemption status for
these decision makers would be lifted during the investiga-
tion but restored upon completion. Proposals for funding,
request for proposal (RFP) solicitations, statistical analysis
of equity accessibility to due process, legal representation,
and success rates of current theoretical approaches, method-
ologies and programs will be evaluated on a case by case
basis.
At issue the nature of the accepted interventions e.g. coun-
selling, shock therapy, psychotherapy, behavior modifica-
tions, scared straight, boot-camp, DARE, work release, drug
rehabilitation programs and the funding required to imple-
ment them. All in an effort to elicit voluntary compliance and
redirect the thinking of the disenfranchised, disenchanted,
disillusioned and disappointed. The plethora of interventions
adopted, accepted, or taught in academia along with the fail-
ure to resolve (p 6. para: 4) core issues by actually focus-
ing on what the offender believes are the tenants of - social
values. As with any investigation of issues between human
relations and interactions there needs to be a comprehensive
approach.
As a former Domestic Violence investigator first and fore-
most during the course of my criminal investigation was to
find out who is responsible, what happened, when and where
did it take place and why they felt the need (motivation) to
act. It’s a basic foundational approach to investigations, as
it should be with any human relations and interaction inves-
tigation. Once these elements (victim & perpetrators) are
identified, defined, evaluated (charged) and treated
(arrested) then the healing process (equity justice) will
begin. This seems to be the current practice in academia so
it’s not really the focus of my paper on why Nothing Works
and DMC.
CJS practices however, indicate a false assumption of
intrinsic good within government agency employees, some
policy makers and theorists. Thus the system fails to address
patterns of equity limitations directed towards offenders
without financial resources, education or family or
community ties. It justifies limiting effective treatment on
the offenders based on i.e., weak family associations, arrest
history, education, attitude, or race. This paper presents an
approach whereby no (government agency employee,
academic expert, RFP programs author) is exempt from
being scrutinized – fact finding discovery process. Millions
of taxpayer dollars have been spent, yet we continue to see
failed or out dated policies, theories, hypotheses,

3. 3A VIEW FROM THE HOOD
approaches, programs and methodologies repeated–over
and over which speaks to an inherent disconnect in the
investigation portion of our social conundrum related to the
over representation of minorities via DMC.
For example, as a cop I answered a 911 call for a simple
shoplifting - burglary call at a supermarket. The perp was
apprehended by employees and removed to the basement.
The store camera caught the perp stealing and then
producing a knife to fight off employees trying to
apprehend him. I always go into my criminal investigations
thinking that every- one is a possible suspect. There is
always two sides to every (story) case. In this case, my
suspects turned out to be the store employees. The district
attorney dropped the charges against the shoplifter once I
articulated the details of the case.
What on the surface looked like a standard shoplifting
case. The employees including the storeowner, store
security and others confiscated the stolen items and the
knife. They handcuffed the perp, tied him to a chair in the
basement and beat him until they broke both of his legs
with a baseball bat - torture. I arrested and charged them
all with aggravated assault, unlawful imprisonment and
torture. True story! So where lies the most harm to society
the DMC population or the system? I told this story
because it is reminiscent of the over reaction by the CJS,
career politicians and experts with their systemic policies
dependent upon as solutions to criminality, recidivism and
juvenile offending but in reality led to DMC.
This story is an example of a built in assumption that
the system itself is ethical and its members - at least in the
court system, are exempt from legal challenges. The paper
will be concluded with a viewpoint that spans four (4)
decades of criminology experience including a career as a
domestic violence investigator and law enforcement
practitioner with the NYPD, doctoral level academic
training and direct observations addressing the conundrums
that plague low income urban environment.
Criminogenesis: Is It Systemic?
Whether Dr. Martinson’s theory "Nothing Works" doc-
trine is an accurate portrayal of the nature of humanity we
can only speculate. What we do know is that attempts at
rehabilitation to mass incarceration have failed to be
effective as a prohibitive solution to criminality. It seems
that clinical relevance of treatment programs failed to
address the emotional, psychological or bad habits that
would lead to recidivism in released offenders. We know
that pouring money into programs, changing policies and
laws has not been as effective or efficient as we’d like to
believe. For example as far as "What works" doctrine -
as a youth in the 70’s my experience includes growing up
with neighborhood friends that were in and out of jail.
They seemed to have had their own system whereby they
knew what type of crimes to commit and an estimated time
the system would release them. Later in life I came to realize
this as the mechanism that activates the civilian side of the
revolving-door of the CJS. These were experienced recidi-
vists from gangs such as the Black Spades, Savage skulls,
Muslim 5 % ’ers, and many martial art gangs from the "Bruce
Lee" era, all of whom sold and distributed drugs. I recalled
one time getting an assignment from my Lieutenant to
escort a male to his home to retrieve personal items.
At the station house I interviewed the civilian to find out
why he needed a police escort. He was instructed by the dis-
trict attorney and his defense attorney to have us - the police
- transport him home to keep the peace. During my line of
questioning I asked when was the last time that you were
home. His reply was five years ago. So what were you in
for? He replied: Man slaughter! What? In my mind I
pictured the revolving door again but now from the
CJS’s side. I did not say that to the civilian to avoid getting
a civilian-complaint. But someone was killed and this guy
was out for good behavior?
Can Laws Control Deviate Behavior
So the value of human life and quality of life is depen-
dent upon those with the most influence. How did society
deal with these recidivists? We tried to understand youths
like my childhood friends as products of their environment
(low income urban environment) or that some how society
failed them. We have seen the failure and repealing of the
"Three strike law" in California, the failures of the "Sentenc-
ing Reform Act" later the "Omnibus Drug Control Act" and
the "Omnibus Crime Control Act." The failure of manda-
tory minimum laws, war on drugs and teen violence wasted
millions of taxpayer dollars with little impact.
Figure 3. Adolescence, Brain Development and Legal Cul-
pability
This 3D map shows regions i.e., aggression and impulse,
of gray matter pruned as teens mature into adults. The
boxed right portion of the brain controls judgment and
issues of decision making, coping, and deviate behaviors
says Dr. Ruben

4. 4 CLYDE KNIGHT JR.
(2004), neuropsychologist, and Director of the Brain
Behavior Laboratory at the University of Pennsylvania.
The brain does no stop growing until the age of 21 - 22.
This science does not advocate excusing violent or deviate
behavior but an understanding of less culpability (Gur,
Sowel Crocker, 2004).
But at the behest of experts, politicians, news media, and
advocates we doubled-down and got even tougher on crime
by initiating stronger legislation to build more robust jails to
fight the war on drugs, which proved to be yet another money
pit. Subsequent studies showed that drug abuse amongst
teens increased between 1995 and 2000. In the late 90’s a
theory that brings us full circle - rehabilitation of teen crim-
inals. In this theory published by Prof. Dilolio, of Prince-
ton University "teens are not fully formed moral beings" and
culpability is not a fair tool to assess their level of deviate
behavior.
What Are We Measuring?
So watching master degree or doctoral students come into
the NYC tombs (department of corrections), NYC’s Bold-
est’s domain - to gather information for a thesis or disserta-
tion was intriguing. Once I was ordered by the arrest pro-
cessing lieutenant to watch out for their safety as I process
100 prisoners (baby sitting), but found it to be enlightening.
I watched as these academics collected source data. As the
prisoners were being processed the student(s) were randomly
interviewing every 5th prisoner in line. I listened to some of
the questions and answers in disbelief. For example one par-
ticular student, a white female did not want to be there and I
could tell she was afraid.
She asked a series of questions one of which "were your
rights violated during the arrest? This particular prisoner, I
knew because I was involved in his arrest as back up response
unit to an undercover narcotics raid. I knew the arresting
officer, the circumstances of the arrest. I saw his Miranda
warnings read to him, I transported within the 72 window,
he was given his telephone call, fed within the recommended
time after the arrest. But his answer to this student was yes!
His rights were violated. The student took the prisoners word
with out question. No reply: I did not address this disinfor-
mation. I still had 100 prisoners to process.
As a masters student myself years later, I mentioned this
incident to ask the question as a topic - just how accurate
is the data collected and compiled by CJS practitioners and
experts?
Throwing Money At It Has Not Worked
The after school and summer youth programs back then
did not help to satisfy the boredom of the young immortal,
energetic, hormone-infused, arrogant, male-teenager looking
for love, excitement, and adventure in one of the roughest
cites in the country. The summer camps were expensive and
few parents could afford to send their children away espe-
cially if they had more that one child. Those that returned
from such programs fit right back in with the routine of hang-
ing out and getting in trouble. These attempts by government
to resolve the issue of youths back in the 70’s [and currently
with various programs] were mere pacifiers used to pass the
time - not addressing the core issues
(Abramsky, 2007).
My parents took us on summer vacations to visit our
grandparents and other relatives in Virginia to getaway from
negative influences. We were always discouraged from
participating in gang activity. But no matter what activity
the one constant was to “treat people the way we wanted
to be treated.” “That life is difficult and no one promised
that life would be easy.” Parental guidance seemed to be
that sense of stability because it taught my four siblings
and me that our choices, decisions and judgment calls had
[painful] consequences. They showed us how sometimes
good character and ethics required sacrifice i.e., Dr. Martin
Luther King, Pres. Lincoln, Frederick Douglas, Mahatma
Ghandi, Nelson Mandela and many more (my parents).
In today’s politically correct (PC) society parental disci-
pline is illegal, removing purview of parents to be par-
ents. I became familiar with these trends during my service
as a NYCPD Domestic Violence Investigator. It is my opin-
ion that these aspects of the CJS and legal system along with
the deterioration of the moral fabric of society contribute to
Martinson’s Why Nothing works. The reality is we live
with hyper-criminals, super-predators and radicalized
youths - emotionally, mentally immature and unstable.
They are undisciplined, violent, morally depraved, entitled,
and committing some of the most heinous violence crimes
for self-gratification in most cases.
Conclusion
In conclusion we are all tempted and find ourselves
volitionally challenged in our area of weakness - not
strengths. As the dominant species on Earth it’s our nature
that contributes to survival and social conundrums. With an
affinity for violence, idiosyncrasies to explore, progress,
claim ownership, assert our presence, defend our privacy,
and push boundaries. So how do we address our true nature?
Is it a matter of altering humanity on a genetic level and is that
wise? We start by teaching our children, the next generation
of leaders. Provide a healthy family structure and system of
authority orienting children to reality and social interaction.
We value morals as a foundation to an ethics based society
where moral values triumph over entitlement and contempt
for integrity and honor within social constructs.
References
Abramsky, S. (2007). American Furies: crime, punish-
ment, and vengeance in the age of mass
imprisonment. Boston. Mass: Beacon Press.
Killing, G. Coles, C., M. (1996). Fixing broken
windows: Restoring order and reducing crime in our
communities. New York, NY: Touchstone.

5. 5A VIEW FROM THE HOOD
Durose, M., Cooper, A., Snyder, H. (2014, April 1). Re-
cidivism of Prisoners Released in 30 States in 2005:
Patterns from 2005 to 2010. Retrieved November 15,
2014, from
http://www.bjs.gov/content/pub/pdf/rprts05p0510.pdf
Gur, R., Sowel, E., Crocker, P. (2004, January 1).
Brain Development and Legal Culpability. Retrieved
November 17, 2014, from
http://www.americanbar.org/content/dam/aba/publishing/cri
minaljusticesec
Hsia, H., Bridges, G., McHale, R. (2004,
September 1). DISPROPORTIONATE
MINORITY CONFINEMENT. Retrieved
November 15, 2014, from
https://www.ncjrs.gov/pdffiles1/ojjdp/2012
40.pdf