A Comparison of Female and Male Probationers

Abstract

A majority of women convicted of crimes are sentenced to probation. Although proportionately more women than men receive probation, little is known about female probationers. The current study is one of the few to compare the backgrounds and case outcomes of women probationers with those of men. Statewide probation discharge data were used to examine differences between male and female probationers on their individual characteristics, offense and sentencing variables, and case outcomes and to explore the effect of gender on case outcomes. A number of gender differences were identified across the probationer, sentencing and case outcome variables examined. In addition, gender had a statistically significant influence on both new arrests and technical violations, after controlling for other variables such as age, race, income, prior involvement in the criminal justice system, conviction offense and sentence length.     

Is less better?: Boot camp, regular probation and rearrest in North Carolina

Using official data, 331 boot camp participants and a stratified random sample of 369 regular probationers were tracked for rearrests over a threeyear period. Chisquare tests and logistic regression analysis indicate that participation in boot camp was significantly associated with rearrest for drug offenses, offenses categorized as “other,” and all types of offenses combined. Contrary to most prior research, which suggests that boot camp participation has no effect on subsequent criminal behavior, the results in this study indicate that participation in the boot camp program had a detrimental effect on its participants.     

Factors Associated with the One-year Probation Outcome: A Self-report Study in Hong Kong

Why are some probationers able to comply with the sentence? Why do some fail to do so? In order to answer these questions, the article examines cross-sectional data collected from a selected group of Chinese offenders who were put on a one-year probation sentence in Hong Kong. It, in particular, aims at identifying the relative effects of four types of predictors, namely demographic, socio-economic, criminal history and probation intervention, on the probation outcome. For the purpose of this study, the probation outcome is the self-report data of the probationer at the end of the sentence. Logistic regression analyses revealed that self-reported reoffending was significantly related to peer involvement in criminal activities and triad association, a previous probation sentence, a urine test requirement and the offenders’ positive view of probation officers.     

Organised Criminals as “Agents of Obligation”: The Case of Ireland

Relying on Brown's (2005a, b) thesis that contemporary shifts in penal policy are best understood as a reprisal of colonial rationality, so that offenders become “non-citizens” or “agents of obligation”, this article argues, firstly, that this framework (with certain important refinements and extensions) finds support in developments in Irish criminal justice policy aimed at offenders suspected of involvement in “organised crime”. These offenders have found themselves reconstituted as “agents of obligation” with duties to furnish information about their property and movements, report to the police concerning their location and, importantly, refrain from criminal activity or face extraordinary sanctions. Secondly, it is submitted that this draconian approach to the control of organised crime is built on false premises; specifically the idea that “organised crime” as such exists and is best controlled through restrictions on the freedom of key groups or “core nominals”.     

Probation absconders: A unique risk group?

While examination of probation violations is common in the literature, probationers who abscond from community supervision have rarely been examined. These violators are circumventing justice and may pose a serious risk to public safety. This article compares the characteristics of absconders to those of offenders who successfully completed probation and offenders revoked from probation because of other violations. Absconders and revoked probationers generally presented the least favorable risk profiles, but did not differ significantly from one another on probation conditions, “stakes in conformity,” or prior felonies—although revoked probationers had more misdemeanors and a younger age of onset for officially recorded crime. Combined with the violation behaviors of absconders while on probation, these similarities suggest a strong chance of being revoked to prison had absconders remained under supervision. Employment, recorded address changes, and lower supervision burden on offenders were among the best predictors of successfully completing probation versus absconding.     

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.     

Officially recorded convictions for probationers: The relationship with self‐report and supervisory observations

Objectives. For the past 20–25 years the assessment of the outcomes of probation supervision and its associated variants has relied upon officially recorded offending as the chief determinant of ‘success’ and ‘failure’. A recent assessment of the impact of accredited programmes aimed at reducing offending called for reconviction rates to be supplemented with other outcome measures to give a more accurate picture of treatment effectiveness. Methods. Self‐reports of offending are one such alternative outcome measure, and this paper responds to recent calls for developments in this field. This paper throws further light on the frequency of offending by probationers during their probation orders, the extent to which their officers knew of this offending and the relationship between self‐reported offending and subsequent convictions. Results. The data suggest that about a half of the probationers committed at least one offence during the time they were on probation and that about a third of the probationers reported that they had committed more than four offences during this same time. In the main, probation officers reports mirrored the reports gained from the probationers. Generally speaking, the relationship between self‐reported offending and officially recorded convictions was also very close. However, this varied by the offences/convictions under consideration. Conclusion. There were slightly more probationers found guilty of property offences than had admitted to such offending during their interviews. The explanation for this appeared to have been deliberate concealment on the part of the probationer, rather than recall failure.     

A Framework for Comparison of Intensive and Special Probation Projects

This paper presents a conceptual framework to consider the activities and outcomes of probation projects. It is based on twenty site visits at which probation staffs described how project activities interrelated to produce desired effects. Based upon comparative analysis of these projects, alternative probation strategies are contrasted in six areas: (1) caseload reduction as a means to increase contact time; (2) in-house versus out-house treatment services; (3) helping relationships and tightened surveillance for probationers; (4) ways to enhance community acceptance; (5) usefulness of attempting to change probationer attitudes versus behaviors; and (6) goals of reduced criminal activity during, versus after, probation. The analysis points up underlying assumptions of probation programs and leads to three recommendations. First, contact character is a more superior measure of probation intensity than is caseload reduction. Second, probation projects should prepare conceptual frameworks to better understand the relationship between project activities and desired outcomes, but they should not be subject to elaborate evaluation requirements. Third, multiple measures of criminal activity allow a more balanced appraisal than is possible with single measures such as revocation rate or recidivism.     

Micro-models of criminal careers: A synthesis of the criminal careers and life course approaches via semiparametric mixed poisson regression models,with empirical applications

Much recent research and debate in criminology have centered around how to conceptualize and model longitudinal sequences of delinquent and criminal acts committed by individuals. Two approaches dominate this controversy. One originates in thecriminal careers paradigm, which emphasizes a potentialheterogeneity of offending groups in the general population—thus leading to a distinction between incidence and prevalence of criminal offending, a focus on the onset, persistence, and desistence of criminal careers, and the possibility that criminals are a distinctive group with constant high rates of offending. Another approach places criminal events within a broader context ofstudies of the life course by explicitly substituting the conceptualization of “social events” for that of “criminal careers”. With respect to analytical models, this approach emphasizes a potentialheterogeneity of offenders with respect to order of criminal events from first to second to higher orders and thus suggests an analysis of the “risks” or “hazards” of offending by order of offense. Some extant commentaries on the criminal careers and life course approaches to conceptualizing and modeling longitudinal sequences of delinquent and criminal events committed by individuals have emphasized their differences and incompatibilities. In contrast, we apply recently developed semiparametric mixed Poisson regression techniques to develop conditions under which the two conceptual/modeling approaches are formally equivalent. We also modify the semiparametric mixed Poisson regression model of criminal careers to incorporate information on order of the delinquent/criminal event and develop an empirical application. This modification demonstrates the complementarity of the criminal careers and life course approaches, even though they have somewhat different foci.     

Walking the line: Specialized and standard probation officer perspectives on supervising probationers with serious mental illnesses

Specialized probation programs were developed to more effectively address the unique needs of probationers with serious mental illnesses. Probation officers are tasked with serving both law enforcement and rehabilitative functions, and officers play an important gatekeeper function in helping probationers with serious mental illnesses avoid long incarceration sentences. The purpose of this paper was to explore specialized and standard probation officers' work in supervising probationers with serious mental illnesses. Twenty-one probation officers (11 specialized and 10 standard) participated in semi-structured interviews. Qualitative analyses examined: 1 — beliefs on the relationship between mental illness and crime; 2 — purpose of specialized and standard probation units; and 3 — approaches to supervising probationers with serious mental illnesses. Implications for developing more effective probation supervision programs are discussed.     

Intention and Attempt

Anglo-American criminal law traditionally demands a criminal purpose for an attempt conviction, even when the crime attempted requires only foresight or recklessness. Some legal philosophers have defended this rule by appeal to an alleged difference in the “moral character” or “intentional structure” of intended versus non-intended harms. I argue that there are reasons to be skeptical of any such differences; and that even if conceded, it is only on the basis of an unworkable view of criminal responsibility that such a distinction would support a rule restricting attempts to criminal purpose. I defend instead the “continuity thesis,” according to which attempts are functionally continuous with endangerment offenses: both are legal efforts to regulate unreasonably dangerous conduct. The upshot of the continuity thesis is that there is little substantive difference between attempt and endangerment in principle, no matter how they are labeled in law.     

Static and Dynamic Indicators of Minority Threat in Sentencing Outcomes: A Multi-Level Analysis

Designation as a “Habitual Offender” is an enhanced form of punishment which unlike, “Three Strikes” or “10-20-Life,” is entirely discretionary. We use Hierarchical Generalized Linear Modeling to assess the direct effects of race and Latino ethnicity on the designation of Habitual Offenders as well as the effect of both static and dynamic indicators of racial and ethnic threat on those outcomes. Our data include 26,740 adults sentenced to prison in Florida between 2002 and 2004 who were statutorily eligible to be sentenced as Habitual. The odds of receiving this designation are significantly increased for black and Latino defendants as compared to whites, though race and ethnicity effects vary substantially by crime type, being strongest for drug offenses and negligible for violent crimes. Static measures of group level threat (% black and % Latino) have no cross-level effect on sentencing by race or Latino ethnicity. However, increasing black population over time increases the odds of being sentenced as Habitual for both black and Latino defendants. Increasing Latino population increases the odds of Habitual Offender sentencing for Latinos, but decreases it for blacks. The prospect of engaging dynamic as opposed to static measures of threat in future criminal justice and other social control research is discussed.     

A comparison of bail amounts for hispanics, whites, and african americans: A single county analysis

Using 1996 data on defendants accused of felony offenses derived from a district court in a Midwestern jurisdiction, the authors employ bivariate and multivariate analyses to examine for significant differences between Hispanics and other racial and ethnic groups in the dependent variable, bail amount set by judge. To predict differences in the bail amount set by judges for Hispanic and other defendants, the multiple regression controls for two independent “legal” variables, prior arrest and seriousness of the instant offense, and for the “extra-legal” variables of age, gender, type of attorney, residency, and race. Our research shows that Hispanics receive higher bail amounts than White or African Americans; leading the authors to cast doubt on the tenets of “legal theory” which has gained attention as a model for explaining why members of racial or ethnic minorities receive harsher treatment at various stages of the criminal and juvenile justice system.     

罪刑法定视域中的刑法适用解释

The judicial interpretation of criminal law should be an application interpretation to individual cases that is guided by judges and participated by the prosecutor and the accused, for which the judicial judgment should be combined with the application of criminal law of specific cases, and the criminal precedents should be as a carrier. The Supreme People’s Court should change from the previous practices of issuing normative and abstract interpretation to the dual approaches of the interpretation of criminal law application through direct creation and indirect acknowledgement. Liang Genlin, Professor and Vice Dean of Law School of Peking University and as a visiting professor of University of Tuebingen (2001–2002). His main research focuses on criminal law and criminal policy, and his important publications include “On the Structure of Punishment”, “Liang Genlin’s Review on Criminal Policy, Volume I, Criminal Policy: Standpoint and Category”, “Liang Genlin’s Review on Criminal Policy, Volume II, the Arm of the Law: Expand and Limit”, “Liang Genlin’s Review on Criminal Policy, Volume III, Criminal Sanction: Manner and Choice”. Besides, he has also published over 40 discourses on criminal law and criminal policy since 1996.     

Crimes committed by terrorist groups: Theory,research, and prevention

Statement of Purpose: A decline in state-sponsored terrorism has caused many terrorist organizations to resort to criminal activity as an alternative means of support. This study examines terrorists' involvement in a variety of crimes ranging from motor vehicle violations, immigration fraud, and manufacturing illegal firearms to counterfeiting, armed bank robbery, and smuggling weapons of mass destruction. Special attention is given to transnational organized crime. Crimes are analyzed through the routine activity perspective and social learning theory. These theories draw our attention to the opportunities to commit crime and the criminal skills necessary to turn opportunity into criminality. Through these lenses, the research appraises the “successes” and “failures” of terrorists' engagement in crime. Because “failures” can result from law enforcement efforts to (1) interrupt criminal skill development, and/or (2) remove criminal opportunities via technologies and transportation systems, the research represents a best practices approach to the study and control of terrorism. This project was supported by Grant No. 2003-DT-CX-0002 awarded by the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.     

Credit card fraud under Chinese criminal law

Credit card fraud is a new type of fraud amended into the Criminal Law of China in 1997. The “credit card” under credit card fraud is interpreted as a very board concept, which includes debit card and virtually all electronic payment cards used in ordinary payment, credit loan, transfer and settlement of account, cash deposit and withdrawal. Therefore, it is necessary for the legislature to revise “credit card” under this special fraud into “electronic payment card,” and “credit card fraud” into “electronic payment card fraud,” which will be understood easily and precisely. “Use” and “fraudulent use” of credit card under this fraud is defined as ordinary use of credit card, including withdrawal cash with authentic or forged credit card from ATMs. It is unreasonable to define “malicious overdraft” as a form of credit card fraud under the Chinese Criminal Law. In the future amendment, this kind of criminal conduct shall be separated as independent named as “malicious overdraft” or “abuse of credit card” under the Criminal Law with less stiff statutory punishment than that of credit card fraud. Besides, under the Chinese Criminal Law, stealing credit card and using it is held as “theft,” which is neither reasonable nor logical. Therefore, it should be revised in the future criminal law.     

“Clean up and go straight”: Effects of drug treatment on recidivism among felony probationers

The central question we address in this article is whether participation in court-ordered drug treatment programs reduces future criminal involvement among convicted property offenders who have a history of drug abuse. Using a national sample of male property offenders sentenced to felony probation, we analyze drug treatment experience on probationers’ recidivism rates by employing proportional hazards techniques. Results indicate that how successful white men are in completing courtordered drug treatment programs has no significant effect on their recidivism rates. However, AfricanAmerican and Hispanic men who satisfy the expectations of their drug treatment programs are significantly less likely to be rearrested. Overall, our findings support the contention that drug treatment reduces further criminal behavior among men on probation for felony property offenses. Thus, we recommend that court service personnel strive to provide drug treatment programs for property offenders with a history of drug abuse and that supervisors closely monitor probationers’ activities while in treatment to assure lower rates of recidivism. An earlier version of this paper was presented at the annual meeting of the Midwest Sociological Society in Chicago in April 1996.     

Perceptual Biases, Graffiti and Fraternity Crime: Points of Deflection that Distort Social Justice

Although the official, law-enforcement policy in Bloomington, Indiana, categorized graffiti as vandalism, prominently displayed graffiti produced by Indiana University's student organizations escaped criminalization. This article documents the differential, criminal justice treatment of graffiti vandalism based on the group producing it thereby reaffirming the existence of a class-based system of justice. This article also uncovers a hidden bias inherent in Chambliss' “The Saints and the Roughnecks” by arguing that university students, whose graffiti do not receive negative sanctioning, represent Saints at the college level who exhibit criminal behavior. University-level lessons about how the crimes of the privileged go unprosecuted or become transformed into civil rather than criminal events could very well pave the way for further crimes after graduation rather than the “Saintly” adulthood implied by Chambliss. More research into the alternate system of justice used with regard to university students could shed light on both the problems and possibilities encountered when implementing alternate systems of social justice. This revised version was published online in July 2006 with corrections to the Cover Date.     

The effect of maternal incarceration on adult offspring involvement in the criminal justice system

Researchers have estimated that 63 percent of incarcerated women have one or more minor children and most reported living with their children prior to incarceration (Mumola, 2000). Unfortunately, children of incarcerated parents have been a relatively invisible population in the research on the collateral consequences of incarceration. The goal of the current study was to examine the long-term effect of maternal incarceration on adult offspring involvement in the criminal justice system using data from the mother child sample of the National Longitudinal Survey of Youth 1979. Based on existing research, it was hypothesized that the adult offspring of incarcerated mothers would be more likely to have been convicted of a crime or to be sentenced to probation. The effect of maternal incarceration on correlates of criminal behavior in adolescence and early adulthood (e.g., negative peer influences, positive home environment) was also modeled to assess possible indirect effects. The results highlighted the direct effect of incarceration on adult offspring involvement in the criminal justice system, but parental incarceration had little association with correlates of criminal behavior.