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Criminal Law

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Report
National Public Defense Workload Study
When public defenders have excessive workloads, they are forced to prioritize some cases over others. This inevitably causes harm. How might caseload limits help these lawyers better serve their clients—and help the justice system better serve all those who rely on it?
Sep 12, 2023
Research Brief
The Impact of Defense Counsel at Bail Hearings
Roughly half of U.S. counties do not provide defense counsel at bail hearings. An experiment shows that providing counsel can decrease the use of monetary bail and pretrial detention. But having a public defender at the bail hearing did result in a short-term increase in rearrests on theft charges.
Jun 30, 2023

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Report
Intellectual, Developmental, and Physical Disabilities in U.S. Legal Settings: A Scoping Review
The authors conducted a scoping review to assess the current state of the literature related to individuals with disabilities who interact with the criminal and civil legal systems, with the goal of developing a future research agenda.
Nov 30, 2023
Report
Intellectual, Developmental, and Physical Disabilities in U.S. Legal Settings: Perspectives from People with Relevant Experience
The authors conducted interviews with professionals and people with lived experience to understand what it is like to interact with the civil or criminal legal system while having a disability, with the goal of developing a future research agenda.
Nov 30, 2023
Report
Intellectual, Developmental, and Physical Disabilities in U.S. Legal Settings: A Proposed Agenda for Future Research
In this report, the authors propose recommendations to guide researchers as they examine the experience of individuals with disabilities and their interactions with the U.S. criminal and civil legal systems.
Nov 30, 2023
Report
Identifying Research Needs to Support Fair and Equitable Public Defense in the United States
The systems that provide counsel for indigent defendants vary considerably across states, localities, and judicial jurisdictions. Researchers identified information gaps or research priorities that, if addressed, could advance knowledge around effective public defense strategies.
Aug 30, 2023
Report
Cyberstalking: A Growing Challenge for the U.S. Legal System
As online platforms have multiplied, cyberstalking has become more prevalent. What are the most common or contrasting characteristics of federal cyberstalking cases? And what are the main challenges to prosecuting such cases?
Jun 29, 2023
Research Brief
Diversion Instead of Courts: Improving Outcomes for People Arrested for Low-Level Crimes
The Manhattan District Attorney's Office invested $7.76 million in Project Reset, a program to divert adults arrested for low-level crimes into community-based support programs and out of the court system. Among the key findings were improved arrest outcomes for participants and no increase in rearrests.
May 16, 2023
Report
A Process and Outcome Evaluation of Project Reset
In this report, RAND researchers share results of a process and outcome evaluation of Project Reset, a program that diverts adults arrested for low-level crimes into community-based support programs and out of the court system.
May 16, 2023
Journal Article
The Impact of Defense Counsel at Bail Hearings
Roughly half of U.S. counties do not provide defense counsel at bail hearings, and few studies have documented the potential impacts of legal representation at this stage.
May 11, 2023
News Release
Providing Legal Counsel at Initial Bail Hearings Reduces Use of Cash Bail, Lowers Incarceration
Providing defendants with legal counsel during their initial bail hearing decreases use of monetary bail and pretrial detention, without increasing the likelihood that defendants fail to appear at the subsequent preliminary hearing.
May 5, 2023
Journal Article
Study Strengthening the Fight Against Organised Crime: Assessing the Legislative Framework
This study looks at three 'tools' that Member States can deploy in the fight against serious and organised crime. The report describes the current state of play and outlines possible policy solutions to address challenges identified.
Mar 29, 2023
Commentary
How Policies That Punish Pregnant Women Backfire
There is overwhelming evidence and consensus from the medical and public health communities that supportive approaches are what help pregnant women with substance use disorders. Unfortunately, the overturning of Roe v. Wade has opened the door for more policies that police and punish women rather than these solutions that can save lives.
Aug 2, 2022
Commercial Book
Assessing the Harms of Crime: A New Framework for Criminal Policy
Assessing the Harms of Crime provides a firm analytical foundation for making normative decisions about criminal and related policy, taking harm—and its reduction—as a conceptual starting point and supplying the means for systematic, empirical analysis in a harm assessment framework.
Jun 29, 2022
Journal Article
Does Mens Rea Matter?
Does mens rea matter to the criminal legal system? Our study addresses this question by performing the first-ever empirical analysis of a culpable mental state's impact on administration of a criminal statute.
Mar 23, 2022
Report
Provisional Caseload Standards for the Indigent Defense of Adult Criminal and Juvenile Delinquency Cases in Utah: Report for the Utah Indigent Defense Commission
The Utah Indigent Defense Commission asked the RAND Corporation for assistance in determining maximum caseload standards for providers of indigent legal representation in Utah. The authors present data and analysis.
Apr 28, 2021
Journal Article
Sentencing Scorecards: Reducing Racial Disparities in Prison Sentences at Their Source
Scorecards are a common tool for public policy decisionmaking, but none highlight racial disparities in incarceration. We constructed county-level scorecards for racial disparities in incarceration rates for the NY State Permanent Commission on Sentencing.
Oct 21, 2020
Report
Countering Drug-Impaired Driving: Addressing the Complexities of Gathering and Presenting Evidence in Drug-Impaired Driving Cases
Driving under the influence of drugs is a serious and growing threat to public safety. Addressing these cases involves identifying impairment and presenting complex evidence in court. A panel of experts identified ways to address this challenge.
May 7, 2020
News Release
Punishing Pregnant Women for Substance Use Is Linked to Higher Rates of Newborns Experiencing Opioid Withdrawal
State policies that impose punitive action against pregnant women who use illicit substances are associated with higher rates of infants being born with opioid withdrawal. This suggests that policymakers should instead focus on public health approaches that bolster prevention and expand access to treatment.
Nov 13, 2019
Report
Caseload Standards for Indigent Defenders in Michigan: Final Project Report for the Michigan Indigent Defense Commission
The Michigan Indigent Defense Commission (MIDC) asked the RAND Corporation for assistance in determining maximum caseload standards for providers of indigent legal representation to adult defendants in Michigan. The authors present data and analysis.
Aug 26, 2019

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Research conducted by

Researcher Spotlight

Maya Buenaventura

Policy Researcher

Maya Buenaventura is a policy researcher at RAND and a professor of policy analysis at the Pardee RAND Graduate School. She employs quantitative and qualitative methods on a variety of projects, including program evaluation and empirical legal studies. Prior to RAND, she was a senior research…
James M. Anderson

Director, Justice Policy Program

James Anderson is director of the Justice Policy Program and the RAND Institute for Civil Justice and a senior behavioral/social scientist at the RAND Corporation. He has been the principal investigator on a wide range of projects, ranging from policy implications of autonomous vehicle…

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