Differences in the Validity of Self-Reported Drug Use Across Five Factors: Gender,Race, Age,Type of Drug,and Offense Seriousness

This study expands our knowledge about the validity of self-reported drug use by examining how gender, race, age, type of drug, and offense seriousness interact to affect the validity of self-reported drug use. This study also provides a conceptual framework that can be used to examine the validity of self-reported drug use. Differences in the validity of self-reported drug use are explained by examining differences in underreporting and overreporting. Differences in underreporting and overreporting are then further examined while controlling for differences in base rates of drug use. As shown, whether one controls for base rates of use may drastically affect estimates of underreporting and overreporting. By using hierarchical loglinear, logit, and logistic regression models with the Drug Use Forecasting data, we show that Black offenders provide less accurate self-reports than White offenders. Black offenders do so because they are more likely to underreport crack/cocaine use than White offenders. This difference, however, disappears once differences in base rates are controlled. A Black offender who tests positive is not more likely to underreport crack/cocaine use than a White offender who tests positive. Black offenders are also more likely to overreport both marijuana and crack/cocaine use relative to White offenders. Contrary to the first, this difference is not attributable to a difference in base rates. Methodological and substantive implications of this distinction are discussed. No differences across gender, age, or offense seriousness were found.

The ‘Butner Study’ Redux: A Report of the Incidence of Hands-on Child Victimization by Child Pornography Offenders

This study compared two groups of child pornography offenders participating in a voluntary treatment program: men whose known sexual offense history at the time of judicial sentencing involved the possession, receipt, or distribution of child abuse images, but did not include any “hands-on” sexual abuse; and men convicted of similar offenses who had documented histories of hands-on sexual offending against at least one child victim. The goal was to determine whether the former group of offenders were “merely” collectors of child pornography at little risk for engaging in hands-on sexual offenses, or if they were contact sex offenders whose criminal sexual behavior involving children, with the exception of Internet crimes, went undetected. Our findings show that the Internet offenders in our sample were significantly more likely than not to have sexually abused a child via a hands-on act. They also indicate that the offenders who abused children were likely to have offended against multiple victims, and that the incidence of “crossover” by gender and age is high.

The Conjunctive Analysis of Case Configurations: An Exploratory Method for Discrete Multivariate Analyses of Crime Data

Derived from comparative approaches in both qualitative and quantitative research, the current study describes a simple exploratory technique for the multivariate analysis of categorical data. This technique is referred to as the conjunctive analysis of case configurations. After describing the logic and underlying assumptions of this conjunctive method, it is applied and illustrated in the study of the federal sentencing of drug offenders. The relative value of this conjunctive approach for purposes of exploratory data analysis and its overall utility as a method for confirmatory research are also discussed.

Why We Punish in the Name of Justice: Just Desert versus Value Restoration and the Role of Social Identity

Two different notions of justice might motivate people to demand punishment of an offender. The offense could be seen as lowering the victim’s and community’s status/power position relative to the offender, requiring a degradation of the offender to restore a moral balance (just desert). Or, the offense could be seen as questioning community values, requiring a reaffirmation of those values through social consensus (value restoration). Two studies referring to tax evasion and social welfare fraud yielded supportive evidence. Just desert was related to traditional punishment, especially when participants did not identify with a relevant inclusive community (Australians). Value restoration was related to alternative (restorative) punishment, especially when community values were regarded as diverse and requiring consensualization. It tended to be related to traditional punishment when community values were regarded as clear and consensual.

Why Should Remorse be a Mitigating Factor in Sentencing?

This article critically examines the rationales for the well-settled principle in sentencing law that an offender’s remorse is to be treated as a mitigating factor. Four basic types of rationale are examined: remorse makes punishment redundant; offering mitigation can induce remorse; remorse should be rewarded with mitigation; and remorse should be recognised by mitigation. The first three rationales each suffer from certain weaknesses or limitations, and are argued to be not as persuasive as the fourth. The article then considers, and rejects, two arguments against remorse as a mitigating factor in sentencing: that the crime, not the offender, is the focus of punishment; and that the truly remorseful offender would not ask for mitigation. The article concludes with a brief consideration of whether a lack of remorse should be an aggravating factor.

Why criminal harms matter: Plato’s abiding insight in the Laws

Commentators have contested the role of resulting harm in criminal law since the time of Plato. Unfortunately, they have neglected what may be not only the best discussion of the issue, but also the first—namely, Plato’s one-paragraph discussion in the Laws. Plato’s discussion succeeds in reconciling two, seemingly irreconcilable viewpoints that till now have been in stalemate. Thus, Plato reconciles the view, that an offender’s desert is solely a function of his subjective willingness to act in disregard of the legitimate interests of others, with the view that criminal sentences can appropriately be made to depend upon how indignant, angry, and upset society is at an offender based upon the results of his culpable conduct. In doing so, Plato casts light on retributive theories of punishment by suggesting that an adjudicator can be committed to retribution and yet rightly believe that it is inappropriate to give an offender the full punishment he deserves. He also lays a basis for the view that causation, rather being predicates for the just punishment of offenders toward whom the public is intuitively angry for harm, is the consequence of the public’s being intuitively angry at offenders for harm.

The benefit and cost of prison in the UK. The results of a model of lifetime re-offending

With prisons in the UK reaching full capacity, and with similar trends in other European countries and the USA, there is much political debate about the efficacy of prison and community sentences. This paper aims to inform this debate by testing the hypothesis that prisons are an effective and efficient way of reducing re-offending. A rapid review of effectiveness studies was performed to determine the relative impact of prison and community sentences on re-offending. An economic analysis was undertaken to transform the estimates of effect into estimates of the economic efficiency of alternative sentencing options in the context of the UK. When compared with standard prison sentences, a number of community-based interventions and enhancements of standard prison sentences were found to save money, both for the public sector and for society more broadly. Diverting adult offenders from standard prison sentences to alternative interventions saves the UK public sector between ￡19,000 and ￡88,000 per offender. When victim costs are considered, diverting offenders from standard prison sentences saves UK society between ￡17,500 and ￡203,000 per offender. It was concluded that standard prison sentences are not an economically efficient means for reducing re-offending.

Regulatory decision making: structure and agency in the development of the organizational sentencing guidelines

The United States Sentencing Commission promulgated federal organizational sentencing guidelines in 1991. The final product eroded the guidelines’ original severity, as drafts were rejected over a period of 4 years. The initial goal of the Commission was to implement organizational guidelines that were on par with individual-level sanctions in order to remove any suggestion that powerful corporations receive lesser penalties than individuals convicted of “street crimes”. This study analyzes the erosion of the Commission’s stated goal by evaluating the organizational structures, individual and group characteristics, and the social, political, economic, and historical contexts involved in the evolution of federal sentencing guidelines for organizations. Results indicate that, while structural-level variables played a large part in explaining the development of the guidelines, a more accurate and complete understanding of this process is possible by including an analysis of the individual-level characteristics of Commissioners, including their professional backgrounds, ideological perspectives, styles of leadership, and future goals.

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The Silence of the Lambdas: Deterring Incapacitation Research

This essay provides an economist’s perspective on criminological research into incapacitation effects on crime. Our central argument is that criminologists would do well to substantially scale back the enterprise of trying to estimate the various behavioral parameters central to a micro-level approach to measuring incapacitation effects, including the annual rate of offending outside of prison (λ) and the lengths of criminal careers. One problem with this line of research is practical: for example, mean estimates of self-reported criminal activity by incarcerated prisoners are quite sensitive to reports by the most criminally active offenders. But the larger concern is conceptual—the incapacitation effects from a given change in sentencing policy may be undermined by the possibility of replacement effects, and at the same time omit other benefits that may arise from deterrent effects on crime. A more promising approach is to identify plausibly exogenous changes in sentencing policy in order to estimate the net impact on crime from the combined effects of incapacitation, deterrence and replacement.

Deterrence and Individual Differences Among Convicted Offenders

Conflicting evidence exists on how criminal propensity moderates deterrent effects, and there is little empirical evidence on this issue from relatively experienced offenders. This study tested how variation in criminal propensity (operationalized as “low self-control”) moderates deterrent effects in a sample of convicted offenders in New Jersey’s Intensive Supervision Program in 1989 and 1990. Offenders’ perceptions of the risks and consequences from violating ISP were associated with whether they successfully completed ISP. Moreover, lower self-control did not diminish, and if anything, enhanced these deterrent effects.

And justice for all? Investigators’ perceptions of punishment for fraud perpetrators

Despite extensive financial losses and other indicators of harm, the American public and legal professionals have historically been ambivalent toward white-collar crime. Recent research demonstrates that public perceptions of white-collar crime and attitudes toward the punishment of white-collar offenders have become more punitive. Along these lines, a neglected area of research concerns those individuals who routinely face white-collar crimes: fraud investigators. Using data collected during the height of recent corporate scandals (2001–02), this study examines the perceptions of 663 fraud investigators and extends prior research by considering the influence of investigator characteristics, organizational context (i.e., size, setting, internal controls, and resource capacity), case characteristics (i.e., offense type, financial loss, and sanction), and offender characteristics on legal professionals’ general and specific punishment perceptions. Results indicate that organizational resources increase the likelihood of both outcomes. Additionally, the correlates of general and specific punishment perceptions are found to differ: government agency context influences general but not specific perceptions. Comparatively, the perception that fraud is increasing and a sanction that includes incarceration each have a significant, positive influence on specific punishment perceptions. Implications of these findings for future research and policy are discussed.

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An Examination of the Outcomes of Various Components of a Coordinated Community Response to Domestic Violence by Male Offenders

With recognition that police intervention by itself is not entirely effective, in recent years there has been a shift in public policies towards the implementation of a coordinated community response to domestic violence incidents. This article examines the impact of participation in several aspects of a coordinated community response (CCR) in a mid-sized city in the Midwest. Specifically, recidivism was examined using information on officially recorded re-arrests for 131 male domestic violence offenders involved in a CCR type intervention. In addition, exploratory analyses attempt to determine if certain offender characteristics are related to their likely of progressing through each of several post-conviction components of this CCR-type intervention. Limitations of the research and suggestions for policy responses to domestic violence are discussed.

Body Disposal Patterns of Sexual Murderers: Implications for Offender Profiling

Offender profiling postulates that crime scene behavior should predict certain offender characteristics. The aim of this study is to investigate the relationship between offender characteristics, situational factors, and body disposal patterns. Sequential logistic regression analysis on a sample of 85 sexual murderers shows that those who were in a relationship at the time of the crime and who present organized psychological characteristics are more likely to move the victim’s body after the homicide. However, when the victim is older and a conflict with the offender occurred prior to the crime, the body is more likely to be left at the crime scene. Implications for offender profiling are discussed in light of the results.

Restoration and Retribution: How Including Retributive Components Affects the Acceptability of Restorative Justice Procedures

Two studies investigated people’s perceptions of the acceptability of restorative justice procedures for handling crimes that differ in severity. Results from Study 1 supported our hypothesis that as crimes increase in seriousness, people require a restorative justice procedure that also has a possible retributive component (i.e. a prison sentence). Study 1 also demonstrated that individuals assigned lower prison sentences for offenders who successfully completed a restorative procedure as compared to a traditional court procedure. The results from Study 2 replicated those from Study 1, as well as demonstrating that offenders who failed to successfully complete the restorative procedure received no reduction in prison sentence. These findings suggest that in order for citizens to view a restorative justice procedure as an acceptable alternative to the traditional court system for serious crimes, the procedure must allow for the option of some retributive measures.

Response to Tudor: Remorse-based Sentence Reductions in Theory and Practice

Steven Tudor defends the mitigation of criminal sentences in cases in which offenders are genuinely remorseful for their crimes. More than this, he takes the principle that such remorse-based sentence reductions are appropriate to be a ‘well-settled legal principle’—so well settled, in fact, that ‘it is among those deep-seated commitments which can serve to test general theories as much as they are tested by them’. However, his account of why remorse should reduce punishment is strongly philosophical in character. He sets to one side the many practical difficulties in implementing such reductions in the real world of criminal justice institutions so that he can focus on the question of whether a plausible account of sentencing can show that remorse should mitigate punishment. I contend that Tudor’s defense of such reductions is unpersuasive in certain respects. Yet even if it can be made more persuasive, I argue that the conditions that would have to be satisfied for remorse-based sentence reductions to be justifiably implemented are so many and various that they would likely exceed our abilities to responsibly grant them in real world legal contexts. I therefore claim that Tudor has failed to provide a defense of the ‘remorse principle’ that serves to explain or justify existing legal practices.

On special protections for rescuers and helpers

There is something intuitively correct about singling out emergency workers for legal protection, and for criminalizing not just assault, but obstruction. Moreover, at least one sophisticated theory of right and wrong – Scanlon’s—indicates some deep reasons for endorsing these intuitions. After applying Scanlon’s theory in the relevant way, I want to argue that the same grounds it provides for recent Scottish legislation and UK sentencing guidelines can also be given for punishing more seriously offences that current English law trivialises.

Does Gender Modify the Effects of Race–ethnicity on Criminal Sanctioning? Sentences for Male and Female White, Black, and Hispanic Defendants

Using data from large urban courts for the years 1990–1996 and drawing from the “focal concerns” framework on case-process decision making, we examine the main and interactive effects of gender and race–ethnicity on sentence outcomes. The main focus of the present study is whether the effects of race–ethnicity (and gender) on sentence outcomes are similar or different across gender (and racial–ethnic) groups. Consistent with the findings of prior research, we find that female defendants receive more lenient sentences than male defendants and that black and Hispanic defendants receive less favorable treatment than white defendants. However, these main effects are strongly dependent on whether the sample is partitioned by gender or race–ethnicity. We find that race–ethnicity influences male but not female sentences. Conversely, gender strongly influences sentencing across all racial–ethnic groups. These findings are at odds with the traditional view that leniency in court sanctioning typically by-passes “women of color.” Instead, it appears that black and Hispanic female defendants actually benefit more from their “female” status than would be expected all else equal.

Estimating the Number of Crimes Averted by Incapacitation: An Information Theoretic Approach

This paper presents an information theoretic approach for estimating the number of crimes averted by incapacitation. It first develops models of the criminal history accumulation process of a sample of prison releasees using their official recorded arrest histories prior to incarceration. The models yield individual offending trajectories that are then used to compute the number of crimes these releasees could reasonably have been expected to commit had they not been incarcerated—the counterfactual of interest. The models also afford the opportunity to conduct a limited set of policy simulations. The data reveal a fair amount of variation among individuals both in terms of the number of crimes averted by their incarceration and the responsiveness of these estimates to longer incarceration terms. Estimates were found not to vary substantially across demographic groups defined by offender race, gender, or ethnicity; variations across states and offense types were more pronounced. Implications of the findings and promising avenues for future research are discussed.

Programs for Men who Perpetrate Domestic Violence: An Examination of the Issues Underlying the Effectiveness of Intervention Programs

This review paper seeks to explore some of the reasons why rehabilitation programs for male perpetrators of domestic violence appear to be less effective in reducing recidivism than programs for other offender groups. It is argued that while the model of systems response to domestic violence has predominated at the inter-agency level, further consideration might be given to way in which men’s intervention groups are both designed and delivered. It is concluded that the program logic of men’s domestic violence programs is rarely articulated leading to low levels of program integrity, and that one way to further improve program effectiveness is to incorporate some of the approaches evident in more general violence prevention programs and from what is know about good practice in general about offender rehabilitation.

The Case of Weak Will and Wayward Desire

In this article, I confront Garvey’s argument that a weak-willed individual deserves partial excuse for trying to resist a strong desire that pushes him toward commission of a criminal act even though in the end he unreasonably abandons his resistance and commits the crime. I attempt to refute Garvey’s argument on two counts: one, I question whether the law should indeed provide mitigation to such an offender; and two, I argue that, even if it should, this mitigation may not come in the form of a partial defense. Defenses, even partial, are desert based, and there is nothing in Garvey’s offender’s circumstances that makes him less blameworthy for the crime he committed. A court may choose to treat such an offender more leniently but it should not be mandated to do so.