PBS高端访谈:夏威夷的希望:新的缓刑计划

 　　JUDGE STEVEN ALM: Since I can't control what you’re gonna do, I can control what I'm gonna do. And what that means, in the future, if you violate any of the conditions of probation¹, you can count on megiving you some jail time.

　　MEGAN THOMPSON: This isn't the way things used to be. When Judge Steven Alm was assigned to a felonytrial courtroom in Honolulu in 2004, he saw judges routinely warning offenders² to follow the rules of probation … and probationers just as routinely ignoring those warnings.

　　JUDGE STEVEN ALM: At sentencing, the judge says no drugs, you have to see your probation officer, you have to pay your restitution³. And then, in the real world, they go out there and violate those conditions. And typically, there's no consequence.

　　MEGAN THOMPSON: No consequence because the only threat was years in prison. But that threat was usually only carried out after dozens of violations⁴ over months or years.

　　JUDGE STEVEN ALM: And I thought what a crazy way to try to change anybody's behavior.

　　MEGAN THOMPSON: So, people just aren't reforming. They're not getting better.

　　JUDGE STEVEN ALM: That's right. They're not. They're getting worse.

　　MEGAN THOMPSON: Judge Alm–a former city prosecutor⁵ and U.S. Attorney with a reputation as one of thecourt’s toughest sentencers, wasn’t having it. So he decided⁶ to try a different approach–an approachbased on his experience as a father.

　　JUDGE STEVEN ALM: I thought to myself, well, what would work to change behavior? And I thought of the way I was raised, the way my wife and I would-- were trying to raise our son. You tell him what thefamily rules are, and then, if there's misbehavior, you do something immediately. Swift and certain iswhat's gonna get people's attention and help them tie together bad behavior with a consequence and learn from it.

　　JUDGE STEVEN ALM: Do you need to sit in jail any longer to realize how seriously we’re gonna take all this stuff?

　　MEGAN THOMPSON: Despite all the tough talk, Judge Alm called his new program “HOPE.” It stands for “Hawaii’s Opportunity Probation with Enforcement.” Judge Alm worked with the probation supervisor⁷, public defender⁸ and law enforcement to institute his new procedures, which were pretty simple: if any probationer violated the rules, they’d be punished immediately.

　　JUDGE STEVEN ALM: In some ways, HOPE is parenting 101. A lotta the folks in the program, I think, grew up in families was-- where there wasn't a lotta structure.

　　JUDGE STEVEN ALM: Make sure you call the hotline every weekday morning.

　　MEGAN THOMPSON: The HOPE program targets probationers at highest-risk of violating the rules, and Alm estimates around 80% of them abuse drugs and alcohol. So unlike regular probation, where offenders can usually anticipate a drug test at a scheduled appointment, hope imposes drug tests that are frequent, and random⁹. Probationers are assigned a color and a number and must call a hotline every single morning.

　　RECORDING¹⁰: Today's UA colors are Blue 2, Green 3…

　　MEGAN THOMPSON: If their color and number are called, they must report by 2pm–no excuses. Short jailstays–sometimes just a few days long - are immediately imposed for positive drug tests and other violations, like missing appointments. But there’s some leeway here:

　　JUDGE STEVEN ALM: Anyone who shows up and tests dirty, and admits to it is telling me that they’re having problems, they messed up, but they’re taking responsibility for it. I understand that. So I’m going to reflect that by only giving you a couple days in jail. And so, we’re gonna work with you onthat.

　　MEGAN THOMPSON: These seemingly simple reforms in Hawaii soon produced remarkable¹¹ results. An arm ofthe department of justice funded a study five years after the program launched. That study found that compared to people in regular probation, HOPE probationers were half as likely to be arrested for new crimes, or have their probation revoked¹². They ended up spending about half as much time in prison. Andwere 72% less likely to use drugs. The results from Hawaii caught the attention of criminal justice experts across the nation.

　　TODD CLEAR: When I first encountered the HOPE model I was skeptical¹³. Most criminologists are.

　　MEGAN THOMPSON: Todd Clear is an expert on criminal justice at Rutgers University in New Jersey¹⁴. He says he was skeptical, because old models of deterrence¹⁵ that use threats usually don’t work, because the threats were too big, and never carried out. But HOPE, he says, does the exact opposite.

　　TODD CLEAR: What they have done with-- the HOPE model has been to-- ratchet down the level of penaltyso that it's something you can actually afford to do and then-- and then ratchet up the likelihood that if you engage in misconduct, you will actually experience that penalty.

　　MEGA THOMPSON: N Clear says the HOPE model also works because these penalties are seen as fair by theoffenders.

　　TODD CLEAR: Rapid responses that are reasonable, that are understood to be reasonable, that are clearly un-- that the person understands what was happening and why it was happening have a behavior-shaping-- behavior-changing-- capacity.

　　MEGAN THOMPSON: Hope's success in steering¹⁶ offenders away from prison was so promising¹⁷ that programs modeled after it have now launched in courtrooms in 17 other states. Washington State, for example, put its entire parole and probation population into its version of HOPE. And the federal department of justice has launched HOPE programs in communities in four states.

　　MEGAN THOMPSON: Here in Honolulu, the program is working for people like John Kema. He was picked up in 2006 for resisting arrest and possession of methamphetamine. Kema’s case was representative of larger problems that Hawaii struggles with: high rates of meth use, and disproportionately high incarceration¹⁸ rates among Native Hawaiians.

　　MEGAN THOMPSON: First, Kema was put in regular probation. For two years, he repeatedly missed appointments and failed drug tests, all with few consequences.

　　JOHN KEMA: I wasn't ready to-- to give up drugs and alcohol.

　　MEGAN THOMPSON: Then in 2009, his frustrated¹⁹ probation officer put him in the HOPE program where he faced Judge Alm.

　　JOHN KEMA: At first I didn't like him, honestly.

　　MEGAN THOMPSON: Yeah-- why not?

　　JOHN KEMA: He kept putting me back in jail.

　　MEGAN THOMPSON: Within months, Judge Alm slapped Kema with a short jail stay for a dirty drug test. Then there were the daily phone calls.

　　JOHN KEMA: When I had to start calling the color on a daily basis, you know, that's when I started turning around in my life.

　　MEGAN THOMPSON: Why?

　　JOHN KEMA: Because I needed to be accountable for those times that I call. You know. It was totally up to me to make the right decision whether I-- wanna go back to jail or I just wanna have freedom.

　　MEGAN THOMPSON: Was that the first time in your life that you were really being held accountable?

　　JOHN KEMA: Oh, totally. Totally.

　　MEGAN THOMPSON: After repeated violations and jail stays, Kema says he finally learned his lesson. He checked into a drug treatment program in 2012 and has been sober for more than a year. He graduatedfrom HOPE last summer.

　　JOHN KEMA: As long as you worry about yourself, you’ll be alright, Mark.

　　MEGAN THOMPSON: Today he's a mentor²⁰ to others who struggle with substance abuse.

　　MEGAN THOMPSON: You're working with people who have been engaged in pretty serious behavior that could send them to prison for years. But with the threat of just a few days in jail, they're shaping up.

　　JUDGE STEVEN ALM: It's the disruptive nature of this program. It's not something bad might happen years down the road, it's you're going to jail today. That will cause them to change.

　　MEGAN THOMPSON: Judge Alm also says the program could save taxpayers²¹ big time: According to Alm, a probationer on HOPE costs about $1,500 a year. Prison in Hawaii costs around $46,000.

　　MEGAN THOMPSON: But critics say the swift sanctions come at a cost: the stricter rules mean more workfor probation officers and drug testers, more strain on the local jail, and a bigger workload²² for the Honolulu police, who have had to serve hundreds of warrants for HOPE probationers who’ve gone on the run.

　　KEITH KANESHIRO: KEIT it's taxing the criminal justice system, law enforcement in being able to lookfor them-- being able to bring 'em back.

　　MEGAN THOMPSON: Honolulu City Prosecutor Keith Kaneshiro thinks judges should put more people in prison from the start. He also thinks HOPE keeps offenders on probation too long and allows them too manychances.

　　KEITH KANESHIRO: What kind of consequences-- do we have for these probationers? When people violatethe conditions of probation, who commit crimes-- they need to go to prison.

　　MEGAN THOMPSON: Is it better though that these offenders are in HOPE probation, which in theory has more oversight²³, more requirements for checking in, more drug testing than regular probation?

　　KEITH KANESHIRO: Just by having them do drug testing is not supervision²⁴. It's one form of supervision. And-- but it's not enough.

　　MEGAN THOMPSON: Not enough, Kaneshiro says, because even though it’s been rare, he’s seen about a half-dozen offenders on HOPE probation charged with serious crimes like rape²⁵ and murder, since he took office in 2010.

　　MEGAN THOMPSON: There have been some instances of people committing very serious crimes while--

　　JUDGE STEVEN ALM: Yes.

　　MEGAN THOMPSON: part of the HOPE program, including murder. Do those people belong in a probation program?

　　JUDGE STEVEN ALM: Well, if we all had crystal balls, they might have been sent to prison. In the cases I'm aware of like that, when they were first put on probation, they were put on probation, say, forpossession of a small amount of drugs. There's no question some people on HOPE are gonna get charged with crimes. Some people on probation as usual are gonna get charged with crimes. The good news, the people in HOPE are getting-- charged with new crimes a lot less often.

　　MEGAN THOMPSON: Many are also shaping up and getting off probation. The day we visited four successful HOPE probationers were discharged from the program.

　　JUDGE STEVEN ALM: The motion for early termination is granted. You’re no longer under court supervision because you’ve shown you can be responsible.

　　JUDGE STEVEN ALM: We want people to decide I can have a life without drugs. I can have a life without committing crime.

　　JUDGE STEVEN ALM: Best of luck to you in the future.

　　PROBATIONER: Thank you.

　　JUDGE STEVEN ALM: Ok, thank you, good job.

　　PROBATIONER: We can go to daddy!

　　JUDGE STEVEN ALM: That's what it all about. That's what we're looking for.

1 probation   

n.缓刑(期)，(以观后效的)察看；试用(期)

参考例句：

• The judge did not jail the young man,but put him on probation for a year.法官没有把那个年轻人关进监狱，而且将他缓刑察看一年。
• His salary was raised by 800 yuan after his probation.试用期满以后，他的工资增加了800元。

2 offenders   

n.冒犯者( offender的名词复数 )；犯规者；罪犯；妨害…的人（或事物）

参考例句：

• Long prison sentences can be a very effective deterrent for offenders. 判处长期徒刑可对违法者起到强有力的威慑作用。
• Purposeful work is an important part of the regime for young offenders. 使从事有意义的劳动是管理少年犯的重要方法。

3 restitution   

n.赔偿；恢复原状

参考例句：

• It's only fair that those who do the damage should make restitution.损坏东西的人应负责赔偿，这是再公平不过的了。
• The victims are demanding full restitution.受害人要求全额赔偿。

4 violations   

违反( violation的名词复数 )； 冒犯； 违反（行为、事例）； 强奸

参考例句：

• This is one of the commonest traffic violations. 这是常见的违反交通规则之例。
• These violations of the code must cease forthwith. 这些违犯法规的行为必须立即停止。

5 prosecutor   

n.起诉人；检察官，公诉人

参考例句：

• The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。
• The prosecutor would tear your testimony to pieces.检查官会把你的证言驳得体无完肤。

6 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

7 supervisor   

n.监督人，管理人，检查员，督学，主管，导师

参考例句：

• Between you and me I think that new supervisor is a twit.我们私下说，我认为新来的主管人是一个傻瓜。
• He said I was too flighty to be a good supervisor.他说我太轻浮不能成为一名好的管理员。

8 defender   

n.保卫者，拥护者，辩护人

参考例句：

• He shouldered off a defender and shot at goal.他用肩膀挡开防守队员，然后射门。
• The defender argued down the prosecutor at the court.辩护人在法庭上驳倒了起诉人。

9 random   

adj.随机的；任意的；n.偶然的(或随便的)行动

参考例句：

• The list is arranged in a random order.名单排列不分先后。
• On random inspection the meat was found to be bad.经抽查，发现肉变质了。

10 recording   

n.录音，记录

参考例句：

• How long will the recording of the song take?录下这首歌得花多少时间？
• I want to play you a recording of the rehearsal.我想给你放一下彩排的录像。

11 remarkable   

adj.显著的，异常的，非凡的，值得注意的

参考例句：

• She has made remarkable headway in her writing skills.她在写作技巧方面有了长足进步。
• These cars are remarkable for the quietness of their engines.这些汽车因发动机没有噪音而不同凡响。

12 revoked   

adj.[法]取消的v.撤销，取消，废除( revoke的过去式和过去分词 )

参考例句：

• It may be revoked if the check is later dishonoured. 以后如支票被拒绝支付，结算可以撤销。 来自辞典例句
• A will is revoked expressly. 遗嘱可以通过明示推翻。 来自辞典例句

13 skeptical   

adj.怀疑的，多疑的

参考例句：

• Others here are more skeptical about the chances for justice being done.这里的其他人更为怀疑正义能否得到伸张。
• Her look was skeptical and resigned.她的表情是将信将疑而又无可奈何。

14 jersey   

n.运动衫

参考例句：

• He wears a cotton jersey when he plays football.他穿运动衫踢足球。
• They were dressed alike in blue jersey and knickers.他们穿着一致，都是蓝色的运动衫和灯笼短裤。

15 deterrence   

威慑，制止； 制止物，制止因素； 挽留的事物； 核威慑

参考例句：

• An extreme school of "disarmers" pronounced stable deterrence was a dangerous deception. “裁军论者”中的极端派声称，稳定的威摄是一种危险的骗局。
• Escalation is thus an aspect of deterrence and of crisis management. 因此逐步升级是威慑和危机处理的一个方面。

16 steering   

n.操舵装置

参考例句：

• He beat his hands on the steering wheel in frustration. 他沮丧地用手打了几下方向盘。
• Steering according to the wind, he also framed his words more amicably. 他真会看风使舵，口吻也马上变得温和了。

17 promising   

adj.有希望的，有前途的

参考例句：

• The results of the experiments are very promising.实验的结果充满了希望。
• We're trying to bring along one or two promising young swimmers.我们正设法培养出一两名有前途的年轻游泳选手。

18 incarceration   

n.监禁，禁闭；钳闭

参考例句：

• He hadn't changed much in his nearly three years of incarceration. 在将近三年的监狱生活中，他变化不大。 来自辞典例句
• Please, please set it free before it bursts from its long incarceration! 请你，请你将这颗心释放出来吧！否则它会因长期的禁闭而爆裂。 来自辞典例句

19 frustrated   

adj.挫败的，失意的，泄气的v.使不成功( frustrate的过去式和过去分词 )；挫败；使受挫折；令人沮丧

参考例句：

• It's very easy to get frustrated in this job. 这个工作很容易令人懊恼。
• The bad weather frustrated all our hopes of going out. 恶劣的天气破坏了我们出行的愿望。 来自《简明英汉词典》

20 mentor   

n.指导者，良师益友；v.指导

参考例句：

• He fed on the great ideas of his mentor.他以他导师的伟大思想为支撑。
• He had mentored scores of younger doctors.他指导过许多更年轻的医生。

21 taxpayers   

纳税人，纳税的机构( taxpayer的名词复数 )

参考例句：

• Finance for education comes from taxpayers. 教育经费来自纳税人。
• She was declaiming against the waste of the taxpayers' money. 她慷慨陈词猛烈抨击对纳税人金钱的浪费。

22 workload   

n.作业量，工作量

参考例句：

• An assistant one day a week would ease my workload.每周有一天配一个助手就会减轻我的工作负担。
• He's always grousing about the workload.他总是抱怨工作量大。

23 oversight   

n.勘漏，失察，疏忽

参考例句：

• I consider this a gross oversight on your part.我把这件事看作是你的一大疏忽。
• Your essay was not marked through an oversight on my part.由于我的疏忽你的文章没有打分。

24 supervision   

n.监督，管理

参考例句：

• The work was done under my supervision.这项工作是在我的监督之下完成的。
• The old man's will was executed under the personal supervision of the lawyer.老人的遗嘱是在律师的亲自监督下执行的。

25 rape   

n.抢夺，掠夺，强奸；vt.掠夺，抢夺，强奸

参考例句：

• The rape of the countryside had a profound ravage on them.对乡村的掠夺给他们造成严重创伤。
• He was brought to court and charged with rape.他被带到法庭并被指控犯有强奸罪。