Prosecutorial discretion for domestic violence cases: an examination of the effects of offender race,ethnicity, gender,and age

Much of the existing literature on courts and sentencing has focused on judicial decision-making. Prior research on prosecutorial decision-making is more limited, with even less attention paid to the prosecution of domestic violence cases. The research that has been conducted has produced inconsistent results regarding the effects of legal and extralegal variables. The current study focuses on the effects of extralegal suspect characteristics on the decision to dismiss domestic violence cases in a large Midwestern county from June 2009 to December 2009. The findings demonstrate that gender and race have a strong influence on prosecutors’ decisions to dismiss charges in domestic violence cases. Contrary to the focal concerns perspective, however, the results indicate that males and Black and Hispanic offenders are more likely to have their cases dismissed. Implications for future research are discussed.     

Extralegal factors and the sentencing of organizational defendants: An examination of the Federal Sentencing Guidelines

The Federal Sentencing Guidelines were developed to provide uniform and standardized punishments for eliminating sentence disparities based on legally irrelevant factors. While research at the individual level showed that extralegal factors continued to affect sentence outcomes, no such research determined if these factors influenced sentencing of organizational offenders. This article extends the unit of analysis beyond the individual and toward organizational offenders to determine if total fine amounts are affected by extralegal organizational characteristics. Relying on post-1991 organizational defendant's data, the findings indicated both legal and extralegal factors significantly affected fine outcomes for organizational offenders. As expected, several legal factors significantly affected fine outcomes. At least two extralegal variables, economically solvent and closely held organizations, however, exerted significant effects in predicting the total fine amount imposed. Similar to research at the individual level, this study indicated that extralegal or legally irrelevant factors had some level of impact upon sentencing under the guidelines.     

Evaluating contextual patterns of delinquency: Gender-based differences

The effects of legal and extralegal variables on sentences are compared for separate samples of male and female felony imprisonment cases from a state justice system. Although no gross sex differences in sentence severity were found, the variables that predict sentence severity were found to differ by sex. Race affected sentence length for men but not for women; employment status affected the sentences of women but not of men. The effect of offense seriousness on sentence length varied by sex. Family status variables were found to have weak and inconsistent effects on the sentences of female offenders. Qualitative analysis of the official narratives of the cases studied revealed some evidence that sex differences in legal processing reflect the influence of patriarchal values.     

Sentencer and offender factors as sources of discrimination in magistrates' penalties for drinking drivers

This study examined the contributions of sentencer and case (legal and extralegal) factors to magistrates' sentences for 678 drink-drivers at 2 courts. Qualitative codings of magistrates' sentencing orientations were incorporated with case factors in a multivariate statistical model of differences in fines and disqualifications. Discriminations in penalties were related to offenders' legally relevant prior offenses and blood alcohol concentrations, and extralegal variables of offender age, gender and employment status. Men were treated more harshly than women, and young offenders more harshly than all other offenders except those over 56 years. Unemployed offenders were fined less, but disqualified for longer than offenders in the workforce. Magistrates' orientations and court interacted with offense categories to produce further differences related to blood alcohol concentration and recidivism. Sentencers responded to offender characteristics but also relied on their own mental images of stereotypic drink-drivers and their individualized sentencing orientations to exercise their discretionary powers. Results are discussed in relation to issues of warranted or justifiable discriminations and the just distribution of penalties.     

Significant Gender Differences in Factors Related to the Detention of Youthful Offenders

An important priority of the U.S. juvenile justice system is to reduce the number of youthful offenders who are placed into secure detention placement. Though significant research examining these predictors exists, there is limited analysis of gender-specific predictors. Using existing juvenile court and mental health assessment case records of 433 youthful offenders from two Midwestern U.S. counties, this study sought to identify separately for males and females the legal (including number of delinquency adjudications, age at first delinquency adjudication, number of court offenses, and type of offense) and extralegal (including demographic, maltreatment, mental health, and school-related disabilities) factors that impact recidivism to detention placement. Multivariate logistic regression analyses revealed that the predictors of recidivism leading to repeat secure detention placement were indeed different for males and females, although there were some shared predictors. For both genders, the number of court offenses and having a previous suicide attempt were significant predictors. In addition, for females, having a diagnosis of attention-deficit/hyperactivity disorder and a misdemeanor offense were protective against recidivism. For males, three other variables significantly predicted recidivism: age, race, and a conduct disorder diagnosis.     

Sentencing Recommendations by Probation Officers and Judges: An Examination of Adult Offenders Across Gender

Connecting the courtroom workgroup model with attributions and stereotyping based on the focal concerns perspective and gender sentencing literature, the present study investigates the extent to which probation officer recommendations influence judicial sentencing, and whether the gender of the offender further conditions this relationship. Results from logistic and ordinary least squares regression indicate that there is concordance between probation officer recommendations and sentencing by judges. Offender gender has both direct and indirect effects on judicial sentencing through its relationship with probation officer recommendations, and Black males tend to receive lengthier sentences than other race/gender counterparts. These findings provide evidence that probation officer recommendations are an important part of the sentencing process and offer additional insight on how extralegal factors such as gender and race impact criminal justice decision making.     

Predicting Pre-Adjudicatory Detention Decisions

Abstract

Findings from studies examining the impact of legal and extralegal characteristics in determining pre-adjudicatory detention within the juvenile justice system have been inconsistent. Logistic regression was used to examine the independent, and interaction, effects of certain legal and extralegal factors in the decision to detain juveniles in counties in two Northeastern states. The results suggest race continues to exert a significant effect on detention decisions when controlling for various legal and extralegal/nonlegal factors.     

Direct and Indirect Effects of Case Complexity, Guilty Pleas, and Offender Characteristics on Sentencing for Offenders Convicted of a White-Collar Offense Prior to Sentencing Guidelines

Previous research on the punishment of offenders convicted of a white-collar offense estimated models that specify only direct effects of defendant characteristics, offense-related variables, and guilty pleas on sentence severity. Drawing from conflict or labeling theories, much of this research focused on the effects of offender's socioeconomic status on sentence outcomes. Findings from this research are inconsistent about the relationship between defendant characteristics and sentence severity. These studies overlook how differences in case complexity of white-collar offense and guilty pleas may intervene in the relationship between offender characteristics and sentence outcomes. This study seeks to contribute to an understanding of federal sentencing prior to the federal sentencing guidelines by testing a legal-bureaucratic theory of sentencing that hypothesizes an interplay between case complexity, guilty pleas and length of imprisonment. This interplay reflects the interface between the legal ramifications of pleading guilty, prosecutorial interests in efficiency and finality of case disposition in complex white-collar cases, and sentence severity. Using structural equation modeling, a four-equation model of sentencing that specifies case complexity and guilty pleas as intervening variables in the relationship between offender characteristics and length of imprisonment is estimated. Several findings are noteworthy. First, the hypothesized interplay between case complexity, guilty pleas, and sentence severity is supported. Second, the effect of offender's educational attainment on sentence severity is indirect via case complexity and guilty pleas. Third, offender's race and gender effect length of imprisonment both directly and indirectly through the intervening effect of case complexity and guilty pleas. These findings indicate the need to specify sentencing models that consider the direct and indirect effects of offender characteristics, offense characteristics, and guilty pleas on judicial discretion at sentencing.     

SOME MISLEADING CONCEPTIONS IN SENTENCING RESEARCH

Most studies of sentencing practices in both adult and juvenile courts have compared the relative power to predict dispositions of “legal” variables, such as the seriousness of offense and previous arrest record, and “extralegal” variables, such as race and social class. It is suggested that this is a misleading model for research on the decision-making process in juvenile courts. Instead, results presented here indicate that the juvenile court uses a model of substantive decision-making oriented toward the character and social environment of offenders. Social background variables are found to be more important determinants of disposition than either “legal” or “extralegal” variables.     

Predicting charges and convictions for rape suspects in Denmark: characteristics associated with the notion of the ‘credible criminal’

In recent years, focus on the high attrition rates and low conviction rates in sexual assault cases in Scandinavia has increased. Attrition refers to the dropout of cases through the criminal justice system. However, only limited research exists on the importance of suspect characteristics for the legal outcomes in these cases. The present study is the first in Scandinavia to investigate legal and extralegal suspect variables relating to charges and convictions in the criminal justice system regarding suspected offenders in rape and attempted rape cases. All reported cases of rape and attempted rape in the Eastern Jutland Police District from 2008 to 2010 with an identified rape suspect (N = 175) were analysed through binary logistic regression analyses to examine which variables might increase the likelihood of charges or convictions. Results show that suspects with one or more prior sexual assault charges were more likely to be charged and convicted of a rape offence. The results of the present study help improve the understanding of the judicial processing of cases of rape from a different perspective than the victims’ and partially lend support to the hypothesis of ‘the credible criminal’ in terms of investigative and prosecutorial decision-making in rape cases.     

Studying the reach of deterrence: Can deterrence theory help explain police misconduct?

This article reports the first perceptual deterrence study of a sample of police officers. The study investigated the influence of traditional deterrence considerations, extralegal sanctions, and impulsivity on the intention to commit several hypothesized acts of police misconduct. The results were largely consistent with perceptual deterrence findings from samples of college students, experienced offenders, and corporate managers. In particular, this study found that both legal and extralegal sanction threats potentially deter police misconduct. Further, it found that impulsivity diminished the deterrent influence of both sanction forms. The study also found that some of the effects of the explanatory variables depended on whether officers had prior punishment experience. The article discusses the implications of its findings for combating police misconduct and for deterrence research generally.     

The value of life in death: Multiple regression and event history analyses of homicide clearance in Los Angeles County

While clearance rates of homicides have declined over the last three decades, there still remains limited research on the topic. In recent studies, scholars had argued that legal factors best explained homicide clearance. They stated that extralegal variables that had proven to be important and significant for explaining other processes in the criminal justice system were not as helpful in explaining homicide clearance. This article challenges those findings. Utilizing multiple regression and event history analysis techniques, this article shows that extralegal variables such as the gender and race or ethnicity of the victim affect the likelihood of clearance and time needed for solving the murder. The research examined all homicides committed in Los Angeles County from 1990 through 1994. Findings demonstrated that some victims “received more law,” as Donald Black argued, and that not all victims' lives were equally valued.     

Driving across campus: Assessing the impact of drivers' race and gender on police traffic enforcement actions

This study examined the effect of drivers' race and gender on officers' decision to search a driver/vehicle and invoke a legal sanction, controlling for legal and extralegal factors. Logistic regression analyses of 10,210 traffic stops on a university campus indicated that drivers' race and gender had a significant effect on officers' decision to search a driver/vehicle and invoke a legal sanction. Black male drivers were more likely than White drivers to be searched, but were less likely to receive a legal sanction. Unexpectedly, the results showed that Asian drivers were less likely to be searched, but more likely to receive legal sanctions than White drivers. Findings, however, indicated that legal and extralegal factors (i.e., types of traffic violation, time, officer type) were found to have significant effects on officers' decisions during traffic stops.     

The Effect of Pretrial Detention on Sentencing in Two Federal Districts

While a substantial body of research indicates that legal variables, such as offense severity and criminal history, principally shape sentencing decisions, other studies demonstrate that extralegal factors such as race, gender, and age influence sentencing outcomes, as well. The handful of studies focusing upon the effect of pretrial detention/release on sentencing outcomes indicate that pretrial detention is associated with greater lengths of incarceration. This study—the first to empirically examine the sentencing consequences of pretrial detention in the United States federal courts—employed a sample of 1,723 cases from two district courts (New Jersey and Pennsylvania Eastern). Pretrial detention and, to a lesser degree, revocation of granted pretrial supervision were associated with increased prison sentences; on the other hand, successfully completing a term of pretrial services supervision was associated with shorter sentence length. Implications for the federal criminal justice system are discussed.     

The Joint Effects of Gender and Race/Ethnicity on Sentencing Outcomes in Federal Courts

Using data from the U.S. Sentencing Commission, the present study examines the interaction effects of gender and race/ethnicity on sentencing outcomes of male and female offenders in federal courts. Findings indicate that female offenders in all racial/ethnic categories receive less severe sentence outcomes than male offenders in the same categories, even after legal, extralegal, and contextual factors are controlled. In addition, racial/ethnic differences are found within gender groups, such that Hispanic males are more likely to be incarcerated and Black males receive longer sentence terms compared to White male offenders. However, contrary to expectations, the analysis indicates that White females are more likely to be incarcerated than Black and Hispanic females and receive longer sentence terms than Hispanic females. Gender and racial/ethnic interactions are also explored across offense type (drug vs. non-drug) and type of sentencing departure (no departure, downward, or substantial assistance). Implications for future research are also discussed.     

The influence of court location on type of criminal sentence: The rural-urban factor

The purpose of this study was to examine the effects of court location on criminal sentencing. Previous research in both the field of rural-urban sociology and public-policy decision making suggested that differences in the location of the sentencing court might result in different sentences being imposed on criminal offenders. Review of the criminal sentencing literature located several empirical studies which had previously focused on the rural-urban factor and criminal sentencing. The findings from those studies coupled with the conceptual linkages between rural-urban attitudes and values, public-policy decision making, and judicial sentencing provided a rationale for assuming that the sentences imposed on convicted offenders in rural, suburban, and urban courts might differ. Data for the study consisted of a secondary sample of 1,664 convicted Iowa felony offenders derived from archival sources including the Iowa Division of Adult Corrections and the Bureau of Correctional Evaluation within the Iowa Department of Social Services. The major finding from the study was that in urban courts legal considerations were of greater importance than extralegal ones in accounting for the sentences received by offenders, while in rural and, to a limited degree, in suburban courts, the opposite was true. The findings from the study contain theoretical and policy-related implications regarding criminal sentencing.     

The intersection of defendants' race, gender, and age in prosecutorial decision making

A growing body of research examined the ways in which various legal and extralegal factors influence prosecutors' charging decisions. Though the results of these studies were mixed, some researchers reported that extralegal factors had little or no effect on important decisions such as case rejection and dismissal. The majority of this research, however, suffered from a considerable shortcoming—that is, most studies considered the direct effects of measures such as age, race, and gender, but failed to consider the potential interactions that might occur between these factors. Consequently, the present research employed a nationally representative sample of felony drug defendants to address this issue by examining whether or not age and gender condition the effect of race on prosecutors' decisions to dismiss criminal charges. Implications of the findings are discussed in the context of theory, research, and policy.     

THE INTERACTION OF RACE, GENDER, AND AGE IN CRIMINAL SENTENCING: THE PUNISHMENT COST OF BEING YOUNG, BLACK, AND MALE

Prior theory and research on sentencing oversimplify the role of race, gender and age in judicial decision making. In this article we present a "focal concerns" theory of judicial decision making to frame hypotheses regarding the effects on sentencing of these social statuses, both singly and in combination. Analyzing statewide sentencing outcomes in Pennsylvania for 1989–1992, we find that, net of controls: (1) young black males are sentenced more harshly than any other group, (2) race is most influential in the sentencing of younger rather than older males, (3) the influence of offender's age on sentencing is greater among males than females, and (4) the main effects of race, gender, and age are more modest compared to the very large differences in sentencing outcomes across certain age-race-gender combinations. These findings demonstrate the importance of considering the joint effects of race, gender, and age on sentencing, and of using interactive rather than additive models.     

LAW ENFORCEMENT IN A TIME OF COMMUNITY POLICING*

Community policing creates the expectation that oficers will become more selective in making arrests and that those decisions will be influenced more by extralegal considerations and less by legal ones. Data on 451 nontraffic police-suspect encounters were drawn from ridealong observations in Richmond, Virginia, where the police department was implementing community policing. The arrest/no arrest decision is regressed on variables representing legal and extralegal characteristics of the situation. Legal variables show much stronger effects than extralegal ones, but that depends upon the officer's attitude toward community policing. Supporters of community policing are, as predicted, more selective in making arrests and much less influenced by legal variables than are officers with negative views. However, pro-community-policing officers are like negative officers in the extent of influence exerted by extralegal factors. There are some differences between the two groups of officers on the strength and direction of effects of predictor variables taken individually, but only 1 of 17 is significant. Thus, in a time of community policing, officers who support it do manifest some arrest decision patterns distinguishable from those of colleagues who adhere to a more traditional view of law enforcement.     

恢复性司法相关理论问题探析

违法行为不仅伤害了受害人,而且破坏了社区的秩序。恢复性司法强调通过道歉、赔偿、社区服务等方式使受害人因违法行为作造成的物质损失得到赔偿,使受害人因犯罪受影响的生活恢复常态,同时亦使违法行为人通过积极的负责任的行为重新融入社区,并赢得受害人及其家庭和社区成员的谅解。因此,厘清其相关基础理论问题于构建和谐社会的司法背景有重要的实践意义。