Do perceptions of punishment vary between white-collar and street crimes?

Much has been learned about the relationship between sanction threat perceptions and criminal activity, yet little remains known about the factors that are associated with sanction threat perceptions. Moreover, because most researchers had studied deterrence within the context of street crime, even less is known about the factors that relate to sanction threat perceptions for white-collar crime. This study used data from a national probability sample to examine whether the determinants of perceived sanction certainty and severity for street crime were different from white-collar crime. Using robbery and fraud as two exemplars, the findings indicated that while public perceptions of sanction certainty and severity suggested that street criminals were more likely to be caught and be sentenced to more severe sanctions than white-collar criminals, respondent's perceptions of which type of crime should be more severely punished indicated that both robbery and fraud were equally likely to be perceived ‘on par.’ Additional results indicated that the correlates of certainty and severity were more similar than different, but that the results differed according to whether respondents were asked about the punishment that white-collar offenders were likely to receive as opposed to what they should receive.     

Modeling Change in Perceptions about Sanction Threats: The Neglected Linkage in Deterrence Theory

Deterrence theory describes a process of offender decision making that consists of two linkages—one in which official sanctions and other information affect a would-be offenders perceptions about the risks of criminal conduct, and another in which such perceptions influence the decision whether or not to offend. Decades worth of empirical research has concentrated virtually exclusively on this latter linkage, and in so doing, has produced an incomplete account of the deterrence process. This article develops a model of how perceptions of sanction certainty are modified in response to an individuals involvement in criminal activity and the consequences (if any) therefrom. Implications of the model are tested with data from a multi-wave, panel survey of 1,530 high school students from the southeastern U.S. Key findings include: the manner in which new information affects perceived certainty depends on the level of perceived certainty before the new information is received, and the extent of peer offending was one of the most influential factors in determining change in perceived sanction certainty over time.     

When sanctions convey moral norms

Sanctions not only have the instrumental function of deterring people from undesired behavior but they also have the ability to convey moral norms. As such, they may create a moral motivation not to engage in the sanctioned behavior. This is desirable as this makes the success of a sanctioning system depend less on quality of enforcement. However, sanctions may not always succeed in conveying moral norms. In this paper, three conditions are highlighted that, in the psychology literature, have been empirically proven to influence whether a sanction succeeds to evoke moral norms. First, a sanction should not be regarded as a way to make up for the negative consequences of a transgression a sanction. So, they should be communicated in a retributive way rather than in a compensatory way. Second, as punishments communicate an obligatory rule and rewards communicate a voluntary rule, punishments are a better way to incur moral norms than rewards. Third, severe sanctions more strongly convey a moral norm than mild ones as long as these severe sanctions are not unreasonably severe, are installed by trustworthy authorities and in a fair way. The value of the moral expressive function of sanctions, as well as its drawbacks, are discussed.     

Sanctions,Perceived Anger,and Criminal Offending

In articulating models of offender decision-making, researchers have tended to focus on either deterrence/rational choice or situational/emotional considerations. In this paper, we merge these two lines of inquiry and examine how rational choice considerations and perceived angry reactions inter-relate in predicting assaultive violence. Using data collected on a random sample of young adults, we assess three hypotheses. First, that both rational choice and perceived anger exhibit additive effects on assault. Second, that perceived anger influences how rational choice considerations are interpreted. Third, that rational choice considerations influence assault under different levels of perceived anger, and in particular, that the effect of sanction threats fall apart under high perceived anger. Future theoretical and empirical directions are outlined.     

Adverse Neighborhood Conditions and Sanction Risk Perceptions: Using SEM to Examine Direct and Indirect Effects

Objectives

The present study examines how individuals’ sanction risk perceptions are shaped by neighborhood context.

Methods

Using structural equation modeling on data from waves 6 and 7 of the National Youth Survey, we assess the direct and indirect relationships between adverse neighborhood conditions and two dimensions of sanction risk perceptions: the certainty of punishment and perceived shame. In addition, the role of shame as a mediator between neighborhood context and certainty of punishment is also investigated.

Results

The results indicate that adverse neighborhood conditions indirectly affect both forms of sanction risk perceptions, and additional results show that perceived shame fully mediates the effect of neighborhood conditions on perceptions of the certainty of punishment.

Conclusions

The perceptual deterrence/rational choice perspective will need to be revised to accommodate more explicitly the role of neighborhood context in shaping sanction risk perceptions.     

Toward the development of punishment equivalencies: Male and female inmates rate the severity of alternative sanctions compared to prison

According to a survey of 415 male and female inmates serving brief prison terms for nonviolent offenses, inmates perceive several alternative sanctions as significantly more punitive than imprisonment. Women rate alternatives as less punitive than do men, and are more amenable to participating in them. We find that prison and probation do not necessarily define the high and low extremes along a continuum of sanction severity, and we show for the first time how female inmates rank the punitiveness of criminal sanctions. Findings bear on the eventual development of meaningful punishment equivalencies and a valid continuum of criminal sanctions while raising doubts about the value of brief prison terms as a specific deterrent to crime. Our results also support consideration of gender differences in punishment and deterrence. We critique the problems associated with research on offenders' perceptions of the severity of sanctions, and discuss implications for deterrence theory and corrections policy.     

The fairness of sanctions: some implications for optimal enforcement policy

In this article we incorporate notions of the fairness of sanctionsinto the standard model of public enforcement. When both theprobability and magnitude of sanctions may be varied, the usualsolution involves a very high sanction and a relatively lowprobability of enforcement if individuals are risk neutral.When the issue of fairness is added to the analysis, the optimalsanction generally is not extremely high because such a sanctionwould be seen as unfair. The optimal probability of imposingsanctions may be higher than in the usual case (to offset thelower sanction) or lower than in the usual case (because thelower sanction reduces the effectiveness of enforcement).     

Informal Social Controls,Procedural Justice and Perceived Police Legitimacy: Do Social Bonds Influence Evaluations of Police Legitimacy?

Although procedural justice has been a key predictor of police legitimacy, recent findings illustrate that other factors influence this outcome (i.e., low self-control and ethnic identity). However, no research to date has evaluated whether individual-level informal social controls impact police legitimacy evaluations. Survey data are used to examine the influence of parental attachment, school commitment and procedural justice on perceived police legitimacy. While procedural justice significantly predicted legitimacy evaluations, no significant relationships were observed between parental attachment, school commitment and police legitimacy. The effects of procedural justice on legitimacy assessments, however, were modestly significantly moderated by parental attachment and school commitment. To maintain legitimacy, police officers should interact with citizens in procedurally fair manners. These results should also be of value concerning how parents and schools legally socialize adolescents.     

Rational Choice and the Gender Gap in Crime: Establishing the Generality of Rational Choice Theory in Russia and Ukraine

Abstract

Using data elicited from a random sample of 1435 adults residing in Lviv, Ukraine, and Nizhni Novgorod, Russia, this study tests rational choice theory (RCT) across gender groups. It seeks to determine whether men and women have different perceptions of sanction risk and crime rewards, whether the formation of these perceptions is gender-specific, and whether RCT predicts criminal behavior equally for men and women. Results suggest that, for both genders, perceptions of crime rewards appear more important than sanction threats. Furthermore, perceived rewards of crime, but not sanction threats, partially explain associations between offending and personal and vicarious experiences with crime. Finally, the performance of RCT is consistent, but not identical, in explaining crime by men and women. The gender gap in offending appears to reflect differences between men and women in levels of perceived rewards, most likely acquired through direct and vicarious experiences with crime as well as through gender-variant emotional bonds.     

Perceptional foundations of deterrence: The case of prostitution

The authors conducted a survey to determine community perceptions about the certainty, celerity, and severity of punishment with regards to the crime of prostitution. A representative random sample of Mecklenburg County, which includes Charlotte, North Carolina, was taken and 850 individuals responded. The results revealed that (1) citizens perceive sanctions against prostitution violations as being applied only infrequently; (2) most respondents perceive the time from violation to arrest as being relatively short but slower as the offenders proceed through the system, and (3) the severity of punishment is not perceived as being harsh. The authors argue that the low likelihood of apprehension, both actual and perceived, plus the mild sanctions may partially account for prostitution’s continued survival.     

法律制裁的历史回归

探寻法律制裁的起源并勾勒其演进脉络,不仅可以透视法律制裁的发生机理,而且可以把握法律制裁的发展规律。法律制裁在历史长河中,不仅有线性的流逝,而且有循环的转化;不仅有各种法律制裁方式产生与灭亡的烙印,而且有同种法律制裁方式由轻至重又由重转轻的轨迹。社会文明进步的标志之一就是法律制裁方式由严酷走向轻缓:从摧残生命的酷刑最终转向以补偿和定纷止争为内容的纠纷解决,从而使法律制裁回归历史的起点。     

Racial differences in perceptions of the severity of sanctions: A comparison of prison with alternatives

We survey adult probationers to examine racial differences in perceptions of the severity of alternative sanctions compared to imprisonment. Results show that blacks rate every alternative sanction as more punitive than do whites, a higher percentage of blacks than whites refuse to participate in each alternative and choose prison instead, and blacks identify more strongly with reasons to avoid alternatives. Furthermore, blacks and whites generate different rankings of the severity of criminal justice sanctions. This may be due to racial differences in the perceived severity of imprisonment, and/or racial differences in “risk assessments” associated with serving alternatives. Implications for rational choice/deterrence theories and correctional policy are discussed.     

RISK PERCEPTIONS AMONG SERIOUS OFFENDERS: THE ROLE OF CRIME AND PUNISHMENT*

Previous research on the perceived certainty of punishment indicates that individuals with experience in committing crimes perceive arrest as less certain than do those without such experience. Studies assessing the influence of experiencing formal sanctions on perceptions of risk have produced mixed results. Most studies however, have not considered the experience of sanctions in conjunction with the frequency of criminal behavior. With a sample of 1,046 incarcerated felons, we examined relationships among perceived risk of arrest, arrest history, and frequency of committing crimes. Our findings suggest that it is important to measure the ratio of arrests to crimes and that perceptions of risk are formed in a manner consistent with a rational choice perspective, even in a sample of serious offenders.     

A comparison of punishment exchange rates between offenders under supervision and their supervising officers

Previous research revealed gender and racial differences in offender preferences for prison compared to alternative sanctions, in the amount of an alternative sanction offenders would serve to avoid prison, and in the severity ranking of criminal sanctions. Nevertheless, opinions of officers who supervised those clients have all but been ignored. In this study, this literature was extended by comparing perceptions of Kentucky probation and parole officers regarding the amount of alternative sanctions that offenders would serve to avoid one year of imprisonment to perceptions of the offenders whom they supervised regarding the same topic. Based on analysis of data from an electronic survey of approximately 230 probation and parole officers and approximately 600 probationers and parolees, results suggested that there were significant differences in “exchange rates” of officers when compared to those of offenders. Justifications for these findings and their implications for correctional policy and practice are discussed.     

PERCEIVED SANCTION THREATS,GENDER, AND CRIME: A TEST AND ELABORATION OF POWER‐CONTROL THEORY*

This research addresses the need to incorporate the perceived threats of informal sanctions, specifically, shame and embarrassment, into the power‐control model. First, the possibility that gender differences exist in the perceived threats of shame and embarrassment, as well as legal sanctions, and that these differences vary between more patriarchal and less patriarachal households of origin is explored. Second, the relative impact of the informal sanction threat variables compared with the formal legal sanctions is ascertained. Results indicate that significant gender differences exist in the perceived threats of embarrassment and formal sanctions, and that these differences vary by household of origin type. In addition, among those individuals reared in more patriarachal households, the perceived threat of shame accounts for a significant proportion of the gender‐crime relationship.     

The effect of low self-control on perceived police legitimacy

Objective

The process-based model has influenced policing research for a number of years, but the role of individual differences on procedural justice judgments and perceived police legitimacy has received limited attention. The current study fills a void in the literature by examining the effect of low self-control on individuals’ procedural justice judgments and perceptions of police legitimacy.

Materials and Methods

The study uses a sample of young adults and estimates a series of OLS regression models to determine the effect of low self-control on the process-based model of policing.

Results

The findings demonstrate that low self-control is associated with unfavorable procedural justice judgments. In turn, procedural justice mediates the effect of low self-control on perceived police legitimacy. Low self-control, however, is also shown to condition the effect of procedural justice on legitimacy. Specifically, the effect of procedural justice on legitimacy becomes weaker with reduced levels of self-control.

Conclusions

These findings suggest that studies should account for self-control in process-based policing research and police policy should consider the impact of individual differences when implementing process-based strategies.     

Differential Social Support,Differential Coercion,and Organized Criminal Activities

Utilizing differential social support and coercion theory, the study examines how levels of social support and coercion lead to involvement in organized criminal activities through the development of anger, low self-control, low social control, and access to illegitimate social support. The findings show that the association between social support and organized criminal activities is mediated through anger, self-control, social control, and access to illegitimate social support. Similarly, the relationship between coercion and organized criminal activities is mediated through anger, self-control, and illegitimate social support. The results also reveal that coercion has a direct effect on crime. The study offers preliminary theoretical support but more theoretical and empirical work is required to clarify the causal continuum of erraticness and consistency of central variables.     

Sanctions, Perceptions, and Crime: Implications for Criminal Deterrence

Objectives

A survey of empirical research concerning the determinants of an individual’s perceptions of the risk of formal sanctions as a consequence of criminal behavior. The specific questions considered are: (1) How accurate is people’s knowledge about criminal sanctions? (2) How do people acquire and modify their subjective probabilities of punishment risk? (3) How do individuals act on their risk perceptions in specific criminal contexts?

Methods

Three broad classes of extant studies are reviewed. The first is the relationship between objective sanctions, sanction enforcement, and risk perceptions—research that includes calibration studies and correlational studies. The second is the relationship between punishment experiences (personal and vicarious) and change in risk perceptions, in particular, research that relies on formal models of Bayesian learning. The third is the responsiveness of would-be offenders to immediate environmental cues—a varied empirical tradition that encompasses vignette research, offender interviews, process tracing, and laboratory studies.

Results

First, research concerning the accuracy of risk perceptions suggests that the average citizen does a reasonable job of knowing what criminal penalties are statutorily allowed, but does a quite poor job of estimating the probability and magnitude of the penalties. On the other hand, studies which inquire about more common offenses (alcohol and marijuana use) from more crime-prone populations (young people, offenders) reveal that perceptions are consistently better calibrated to actual punishments. Second, research on perceptual updating indicates that personal experiences and, to a lesser degree, vicarious experiences with crime and punishment are salient determinants of changes in risk perceptions. Specifically, individuals who commit crime and successfully avoid arrest tend to lower their subjective probability of apprehension. Third, research on the situational context of crime decision making reveals that risk perceptions are highly malleable to proximal influences which include, but are not limited to, objective sanction risk. Situational risk perceptions appear to be particularly strongly influenced by substance use, peer presence, and arousal level.

Conclusions

The perceptual deterrence tradition is theoretically rich, and has been renewed in the last decade by creative empirical tests from a variety of social scientific disciplines. Many knowledge gaps and limitations remain, and ensuing research should assign high priority to such considerations as sampling strategies and the measurement of risk perceptions.     

Physiological Relaxation: Stress Reduction Through Fair Treatment

The effects of fair treatment on physiological stress reactions of participants in a moderately high or low mental pressure condition are studied. On the basis of Injustice Stress Theory IST; Vermunt, R., and Steensma, H. In: Cropanzano, R. (ed.), Justice in the Workplace (Vol. 2), Erlbaum, Hillsdale, NJ, pp. 27–48,2001, predictions were made about procedural fairness as stress reducing factor. The results supported the expected effect of fair treatment, in that lower cardiovascular activity was measured after fair treatment but not after unfair treatment. Moreover, three-way interactions showed that participants with type-A behavior in the low mental pressure conditions had lower cardiovascular activity after fair treatment but not after unfair treatment, while participants with type-B behavior showed lower cardiovascular activity after fair treatment in the moderately high mental pressure condition. The discussion focuses on the difference between fair treatment and social support as well as on the several ways to reduce stress by being fair.     

Legal and Extralegal Barriers to Delinquency

Recent research on deterrence has begun to couch discussions of legal sanctions in the context of broader perspectives that take account of other factors that may inhibit law violation. Such an approach can answer significant questions about the importance of legal sanctions relative to other variables. In this research, a three-variable inhibitory model suggested by Grasmick and Green (1980) was tested using panel data from a large sample of adolescents. Internalized normative constraint was found to be the strongest predictor of subsequent delinquency. However, perceptions of the risk of both formal and informal sanctions add significantly to the model's explanatory power. Interaction effects were noted that suggest sanction threats may have a compensatory effect where internal constraints are weak.