Today, we have more proven solutions. Scientific studies that use control groups and follow the behavior of different types of criminal offenders subject to different types of punishments demonstrate that certain programs reduce the chance that an offender will commit another crime and increase the chance that an offender will experience long term positive change in behavior. This body of research is often referred to as "what works" or "evidence-based programming."

Research shows that some people in society are so responsible and honest that they will immediately change their behavior if they are somehow caught up in the criminal justice system. Even without much punishment, these people will self-correct their behavior. On the other end of the spectrum, there are those who have a history of violence that does not suggest that treatment is a viable option.

But most people who are caught up in the criminal justice system are in between these two extremes, and can learn to change with proven evidence-based programs. Most people in the criminal justice system do not really make us afraid for our safety, but instead make us angry because they seem too impulsive to learn how to change. Lecturing or harsh punishment will not convince this person to change – he or she will not change just because we threaten to put them into prison for longer periods of time.

Instead, long-term change comes from learning and internalizing life’s lessons and changing thinking patterns – things that are virtually impossible inside prison walls. In fact, this person may choose to go to prison instead of probation, because it is easy to do prison time compared to the challenge of staying in the community and taking personal responsibility for change through substance abuse treatment, life skills training and keeping a job.

Evidence-based programs reduce crime. The Texas Criminal Justice Policy Council found that offenders who received appropriate treatment were 4 times less likely to go back to prison than those who did not.

Increasing penalties for crime does not reduce crime for most criminal offenders. According to the United States Department of Justice, National Corrections Institute, severe punishments can have the opposite effect:

• Punishment produced a -0.07% increase in criminal behavior
• Treatment produced a 15% decrease in criminal behavior
• Cognitive skills programs produced a 29% decrease in criminal behavior

Our criminal justice system should give criminals sentences that fit the offender’s personal behavior profile. For the typical person in the system, a simple probation plan, rather than an impossible plan, will ensure that they are not set up to fail. Too many fines frequently doom an offender to financial failure. Job training for career-oriented employment is one of the keys to success. Community service works if it changes the person’s expectations and options in life. Based on the individual’s needs, proven substance abuse treatment programs and cognitive behavioral programs get people off drugs. Strengthening internal constraints instead of simply using external controls will be more likely to modify antisocial thinking and promote responsibility.

Key components of "what works" are:

• Assess the individual’s risk level and needs,

• Provide seamless programming tailored to the risk level and needs,

• Use incentives and other motivational tools to reward success,

• Use swift and clear sanctions to punish for lapses,

• Strengthen the individual’s peers and family,

• Provide follow up services after release from "the system."