Victim Blame in Fictional Crime Dramas: An Examination of Demographic,Incident-Related,and Behavioral Factors

How victims are portrayed in fictional crime dramas is an important way that individuals come to understand and interpret what it means to be a victim of crime. We examine how demographic variables (e.g., gender, race, age), incident variables (e.g., location of offense, relationship between victim and offender, type of crime), and behavioral variables (e.g., drug use/alcohol use, sexual promiscuity, negative personality traits, or concealing elements of personality) predict victim blame. Although some literature has analyzed victims in fictional crime dramas, such literature has been limited to a single year, a single show, a particular crime, or a particular factor. We extend this literature by focusing on multiple factors that predict victim blame using data collected from a systematic sample of 124 episodes from 4 fictional crime dramas (CSI, Law & Order: Special Victims Unit, Criminal Minds, and Without a Trace) over 7 years (2003–2010).     

Exonerees in Black and White: the influence of race on perceptions of those who falsely confessed to a crime

ABSTRACT

Black Americans account for 61% of those who have been released from prison through DNA exoneration. In the present study, we explored the influence of race on perceptions of wrongfully convicted individuals who have been exonerated. Participants (N?=?121) were randomly assigned to read a fictional newspaper article about a Black or White individual who was wrongfully convicted due to a false confession and then report their perceptions of the exoneree’s guilt, warmth, competence and aggression, how deserving the exoneree was of government assistance and the likelihood that once released, the exoneree would commit a crime resulting in his reimprisonment. Results indicated that a Black exoneree was perceived as more aggressive (but not less competent or warm), less deserving of assistance, and more likely to commit a crime post exoneration resulting in his reimprisonment than a White exoneree. We also explored whether there were differences in terms of race on perceptions of mental illness for those wrongfully convicted due to falsely confessing to a crime and found that participants perceived a White exoneree as more mentally ill than a Black exoneree. The implications for the post-incarceration experiences and challenges faced by Black exonerees relative to White exonerees are discussed.     

Criminal Justice “Hollywood Style”: How Women in Criminal Justice Professions Are Depicted in Prime-Time Crime Dramas

With the abundance of prime-time crime dramas on television, it is imperative that researchers examine how female criminal justice professionals are depicted in the world of fiction versus in reality. In this study, a content analysis of 10 prime-time television crime dramas was conducted. Of the 69 characters observed, female criminal justice professionals were portrayed as young, White, and single. Female characters were more provocatively dressed, and they also were more likely to be victims of crime. Unlike previous studies that showed that female characters were underrepresented on prime-time television, here women were overrepresented as crime scene investigators, detectives, and special agents. Stereotypical images of women as subordinate, nurturing, affectionate, and sexually attractive still prevail. However, compared to their male counterparts, female characters were equally assertive, self-confident, and competitive.     

Clearing Crime in Prime-Time: The Disjuncture Between Fiction and Reality

Crime dramas provide entertainment to millions of Americans. The impact of viewing these programs on perceptions and expectations of police is a concern for practitioners, researchers and policy makers. While a growing body of research is identifying factors associated with the probability of clearance in offenses reported to police, a dearth of research looks at the portrayal of police efficiency in apprehending offenders in popular crime dramas. This study examines the depictions of police investigations across four fictional crime dramas. The authors find offenses are cleared at much higher rates than national averages and that several case characteristics typically associated with clearance in actual cases do not share the same relationship in these fictional programs. Results indicate substantial variation between programs in the depiction of the collection and utility of DNA evidence in assisting investigators to identify suspects. Findings are discussed in relation to data collected from actual police departments.     

The impact of race on criminal justice ideology: An examination of high school students

Research suggests that differences exist in the criminal justice ideology of Black and White Americans. For example, adult African Americans are more likely than their White counterparts to support criminal justice measures that address the root causes of crime. There has, however, been limited interest in exploring the criminal justice ideology of juveniles. Using survey data collected from 1,398 rural and suburban public high school students, the present study examined the influence of race on the criminal justice ideology of juveniles. The findings suggested that while Black teenagers are significantly more likely to hold a liberal crime control ideology and White teenagers are significantly more likely to hold a conservative ideology, confidence in the justice system to be fair strongly influences the beliefs of both groups.     

REASSESSING TRENDS IN BLACK VIOLENT CRIME, 1980–2008: SORTING OUT THE “HISPANIC EFFECT” IN UNIFORM CRIME REPORTS ARRESTS,NATIONAL CRIME VICTIMIZATION SURVEY OFFENDER ESTIMATES,AND U.S. PRISONER COUNTS*

Recent studies suggest a decline in the relative Black effect on violent crime in recent decades and interpret this decline as resulting from greater upward mobility among African Americans during the past several decades. However, other assessments of racial stratification in American society suggest at least as much durability as change in Black social mobility since the 1980s. Our goal is to assess how patterns of racial disparity in violent crime and incarceration have changed from 1980 to 2008. We argue that prior studies showing a shrinking Black share of violent crime might be in error because of reliance on White and Black national crime statistics that are confounded with Hispanic offenders, whose numbers have been increasing rapidly and whose violence rates are higher than that of Whites but lower than that of Blacks. Using 1980–2008 California and New York arrest data to adjust for this “Hispanic effect” in national Uniform Crime Reports (UCR) and National Crime Victimization Survey (NCVS) data, we assess whether the observed national decline in racial disparities in violent crime is an artifact of the growth in Hispanic populations and offenders. Results suggest that little overall change has occurred in the Black share of violent offending in both UCR and NCVS estimates during the last 30 years. In addition, racial imbalances in arrest versus incarceration levels across the index violent crimes are both small and comparably sized across the study period. We conclude by discussing the consistency of these findings with trends in economic and social integration of Blacks in American society during the past 50 years.     

The impact of race on perceptions of criminal injustice

Based on a stratified sample of 239 residents of Cincinnati, Ohio, the present study explored whether African Americans and Whites differ in their perceptions of racial injustice in the criminal justice system. The data revealed a cleavage in the extent to which the races believed that Black citizens would be differentially stopped by the police, given a speeding ticket, jailed, and sentenced to death. The effect of race remained strong even when controls were introduced for sociodemographic characteristics, experience with the criminal justice system, experience with crime, neighborhood disorder, and political and crime related ideology. Perceptions of injustice, moreover, were strongest among the least affluent African Americans. The possibility that the racial divide in perceived criminal injustice both reflects and contributes to a larger racial chasm in how Black and White citizens understand and experience their lives in American society is explored.     

Analysis on the legal protection of merchandising rights in characters

The case of cartoon character “San Mao” triggers broad debates on merchandising right in fictional characters within the academic circle of intellectual property law. For lack of explicit legal provisions and theoretical supports, the final judgments of such cases may be unfair or inconsistent. By introduction to the origin of the merchandising right in fictional characters and the practice of its protection in the US, this paper holds that China shall learn from the US comprehensive protection mode in practice, give consideration to its protection standard formed in its case law, research typical cases and, if necessary, establish the standard on protection of the merchandising right in fictional characters by judicial interpretations.     

Defendant and juror race in a necessity case: An ultimate attribution error

This study investigated whether Black and White mock jurors would commit the ultimate attribution error (i.e., over-rely on dispositional explanations to understand the negative actions of out-group members) in a necessity defense case. Participants (N = 97) read a fictional looting case, in which the race of the defendant varied. Mock jurors were expected to show out-group severity through more guilty verdicts and blame attributions. Mock juror and defendant race were not significantly related to verdicts, but for the Black defendant, White mock jurors attributed more control to him, and believed he was likely to reoffend more so than did Black mock jurors. This study adds to the literature on the mechanism by which racial bias interferes with juror decisions.     

虚拟角色商品化权法律保护刍议——美国实践的启示

"三毛"漫画形象纠纷案引起了我国知识产权法学界关于虚拟角色商品化权的广泛讨论。由于缺乏法律的规定和理论的支撑,此种权利纠纷案件的审判结果或有失公平,或有失统一。本文通过对美国虚拟角色商品化权由来的历史介绍及其保护的现实考量,认为我国应借鉴美国实践中所采取的综合保护模式,参考美国判例法中所形成的保护标准,关注与研究典型案例,必要时以司法解释的方式确立虚拟角色商品化权的保护标准。     

RISK,RACE, AND RECIDIVISM: PREDICTIVE BIAS AND DISPARATE IMPACT*

One way to unwind mass incarceration without compromising public safety is to use risk assessment instruments in sentencing and corrections. Although these instruments figure prominently in current reforms, critics argue that benefits in crime control will be offset by an adverse effect on racial minorities. Based on a sample of 34,794 federal offenders, we examine the relationships among race, risk assessment [the Post Conviction Risk Assessment (PCRA)], and future arrest. First, application of well‐established principles of psychological science revealed little evidence of test bias for the PCRA—the instrument strongly predicts arrest for both Black and White offenders, and a given score has essentially the same meaning—that is, the same probability of recidivism—across groups. Second, Black offenders obtain higher average PCRA scores than do White offenders (d = .34; 13.5 percent nonoverlap in groups’ scores), so some applications could create disparate impact. Third, most (66 percent) of the racial difference in PCRA scores is attributable to criminal history—which is already embedded in sentencing guidelines. Finally, criminal history is not a proxy for race, but instead it mediates the relationship between race and future arrest. Data are more helpful than rhetoric if the goal is to improve practice at this opportune moment in history.     

《刑法修正案(八)》新增坦白制度的理解与适用

《刑法修正案(八)》第8条规定了坦白从宽情节,这是我国刑事立法上首次确认坦白从宽制度。坦白从宽法定化是落实宽严相济刑事政策,实现司法公正、提高司法效率,走出司法尴尬境地之必然产物。坦白,是指犯罪嫌疑人除构成自首以外的如实供述自己罪行的情形。坦白的主体是"犯罪嫌疑人",可以包括犯罪单位。坦白的成立条件包括:被动归案;如实供述自己的已被司法机关掌握的罪行或者如实供述司法机关虽未掌握、但与已掌握的罪行属同种罪行。坦白从宽是原则,不从宽是例外。避免特别严重后果的发生可以从四个方面进行认定。     

RACE-SPECIFIC EMPLOYMENT CONTEXTS AND RECIDIVISM*

Although much literature has examined macrolevel employment contexts and crime rates and, at the individual level, employment and offending, few studies have examined systematically whether macrolevel employment contexts influence individual-level offending. At the same time, emerging literature on prisoner reentry increasingly underscores the potential importance of the social environment for impeding or facilitating successful transitions back into society. All three avenues of inquiry have emphasized the salience of race-specific and offense-specific effects. This study extends prior work on ecology and offending, employment and crime, and prisoner reentry by examining the race-specific effects of unemployment rates and manufacturing employment rates on violent, property, and drug recidivism. By analyzing data on male ex-prisoners released to 67 counties in Florida, we found, as hypothesized, that Black ex-prisoners released to areas with higher Black male unemployment rates have a greater likelihood of violent recidivism. No comparable effect was identified for White exprisoners. However, we found that White ex-prisoners, especially those without prior violent convictions, have a lower likelihood of violent recidivism when released to areas with higher White male manufacturing employment rates. We discuss the findings and their implications for theory, research, and policy.     

Racial Context and Crime Reporting: A Test of Black’s Stratification Hypothesis

Contextual factors that contribute to race differences in reporting crime to the police are an important element in Donald Black??s theory of the behavior of the law, yet few studies have investigated whether these differences vary depending on social context. The present study investigates whether the relationships between victim and offender race and the reporting of crime are moderated by the level of racial stratification in a given place as Black??s stratification hypothesis would predict. Using victim survey data from 40 metropolitan areas, as well as data from other sources, we find results that are consistent with Black??s stratification hypothesis, namely, that victim and offender race are more strongly associated with the reporting of crime in those metropolitan areas where the gap in economic status between blacks and whites is larger and the groups are more residentially segregated. The theory, however, is unable to account for the high rates of reporting of black-on-black assaults found across the 40 metropolitan areas. The question of how the needs of black victims may outweigh their reluctance to call the police is an important issue for future research.     

Race and Jurors' Receptivity to Mitigation in Capital Cases: The Effect of Jurors', Defendants', and Victims' Race in Combination

This paper examines the variation in receptivity to mitigation evidence by capital jurors as it varies by the race of the juror, defendant, and victim individually and in combination. Attitudinal and racial characteristics from 865 respondents in the Capital Jury Project were used in the analysis. Using a generalized form of multiple regression, the respondent's receptivity to mitigation evidence was predicted and changes in receptivity were calculated as the race of the main trial participants (juror, defendant, and victim) were varied. Statistical controls were put in place for gender of respondent; respondent's perception of the dangerousness of the defendant, heinousness of the crime, and view of the defense attorney; respondent's formation of a premature sentencing decision; and whether the trial took place in a southern state jurisdiction. Results indicate that Black jurors in cases where a Black is charged with killing a White victim are chiefly responsible for the observed variance in receptivity to mitigation.     

Interpreting “Percent Black”

Abstract

Time series analysis is employed to assess the relationship between “percent Black” and violent crime in Washington D.C. over a 40-year period. Race-disaggregated violent crime arrest data are also examined. It is concluded that while there is some indication of a positive relationship between violent crime and “percent Black” over time, that relationship is not robust when disaggregated by race and crime type and may be limited to Black robbery offending. Further, it appears that “percent Black” may be serving as a proxy for other social problems. An exploration of possible correlates of racial disparity in violent arrests suggests that they are associated with a variety of factors, including social problems and their disparities.     

知识产权法与民法典关系论纲

知识产权制度应否纳入民法典的问题是近期学者所争论的焦点之一。通过对有关国家立法体例的分析及对知识产权制度特点的考察,笔者认为,为了维护民法典体系的稳定性和权威性,节省立法资源,知识产权制度不应在民法典中单独作为一编,而应以民事单行法的形式存在。     

Sex,Gender, Multidimensional Value Space,and Social Cultural Resistance—Afrocentrism

This article examines the applicability of the theory of multidimensional value space by Lynn A. Curtis and the theory of social cultural resistance—Afrocentrism by Daniel E. Georges-Abeyie for explaining so-called Black crime and Black juvenile delinquency in general and Black female crime and Black female juvenile delinquency in particular. It notes that the increase in so-called Black crime and Black juvenile delinquency in general and Black female crime and Black female juvenile delinquency in particular may be illusion, not fact. This article notes that perception, at times illusion, may have, and frequently does have, real outcomes, including criminal justice outcomes and delinquency outcomes. It notes that the so-called Black racial monolith is a fiction that race and ethnicity are distinct entities, as are sex and gender that the so-called Black racial monolith consists of distinct Black ethnic identities. The article notes that Black crime, female and male, and adult and juvenile delinquency may be manifestations of primary psychopathy, secondary psychopathy, and dyssocial psychopathy, as noted in the theory of social cultural resistance—Afrocentrism.     

Registered Sex Offenders,Residence, and the Influence of Race

ABSTRACT

The current research assesses the characteristics of neighborhoods where registered sex offenders (RSOs) reside and whether or not race influences the locations of these RSOs. Drawing on data from 2,290 RSOs in five urban counties, analysis focuses on assessing the characteristics of census tracts where Black and White RSOs reside, as well as assessing characteristics of census tracts with high concentrations of RSOs in residence. Findings show that census tracts where sex offenders reside display more social disorganization than communities and the nation as a whole. Census tracts where Black RSOs reside are generally more socially disorganized than those where White RSOs reside. Additionally White RSOs are more likely to reside in census tracts with high concentrations of RSOs.