GENDER,RACE, AND HABITUAL OFFENDER SENTENCING IN FLORIDA*

This study explores the effects of race and gender on habitual offender sentencing in Florida. The sample consists of 1,103 female offenders admitted to the Florida Department of Corrections in fiscal year 1992–1993 who were eligible for sentencing under the habitual offender statute. Controlling for prior record, crime seriousness, crime type, and sentencing county contextual variables through logistic regression analysis, defendant race was found to be a relevant and statistically significant factor in the enhanced sentencing of female offenders. This factor was most noticeable with black female drug offenders and under structural contexts that were “high,” i.e., the percent of the population black, drug arrest rates, and violent crime rates. The race effects found with this sample of female offenders were often stronger than those in the Crawford et al. 1998 study of 9,960 eligible male offenders in Florida. The relevance of these findings is discussed.     

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.     

Does Racial Balance in Workforce Representation Yield Equal Justice? Race Relations of Sentencing in Federal Court Organizations*

Increasing racial and ethnic group representation in justice‐related occupations is considered a potential remedy to racial inequality in justice administration, including sentencing disparity. Studies to date yield little evidence of such an effect; however, research limitations may account for the mixed and limited evidence of the significance of justice workforce racial diversity. Specifically, few studies consider group‐level dynamics of race and representation, thus failing to contextualize racial group power relations in justice administration. To consider these contextual dynamics we combine court organizational and case‐level data from 89 federal districts and use hierarchical models to assess whether variably “representative” work groups relate to district‐level differences in sentencing. Using district‐specific indexes of population and work group dissimilarity to define representation, we find no relationships between black judge representation and sentencing in general across districts, but that districts with more black representation among prosecutors are significantly less likely to sentence defendants to terms of imprisonment. We also find in districts with increased black representation among prosecutors, and to a lesser degree among judges, that black defendants are less likely to be imprisoned and white defendants are more likely to be imprisoned, with the effect of narrowing black‐white disparities in sentencing. Consistent with the “power‐threat” perspective, and perhaps “implicit racial bias” research, findings encourage modeling diversity to account for relative racial group power in processes of social control and suggest that racial justice may be moderately advanced by equal representation among authorities.     

The intersection of race and gender: an examination of sentencing outcomes in North Carolina

This study examines the intersection of offenders’ race and gender in the sentencing process using data on felony cases sentenced in North Carolina. Analyses examine the likelihood that charges were reduced in severity between initial filing and conviction, the likelihood of imprisonment, and the length of sentence imposed, and test whether race affects punishment similarly for men and women. Results indicate that status characteristics predict both reductions in charge severity and the severity of the final sentence, and that racial disparity is conditional on gender. However, the results are not entirely consistent with predictions derived from the extant literature. Gender significantly predicts case outcomes at each stage, but black men were not uniformly disadvantaged, and black women received the least severe treatment in two out of four analyses. Theoretical implications for the intersection of race and gender in sentencing theories are discussed.     

The Impact of Race on the Pretrial Decision

This study examined the effect of race on the pretrial release decision for drug offenders. Although this decision point has not been examined as extensively as the final sentencing decision, it is a critical discretion point which impacts defendants’ future sentencing outcomes. The results found that race had a significant impact on judges’ decisions to release a defendant on recognizance, with black defendants less likely to receive this release status. Race was not significant, however, in the decision of bail amount or in the likelihood to post bail. These results are consistent with the focal concerns perspective which suggests that black defendants are viewed by courts as more dangerous and blameworthy and thereby, less likely to be released on their own recognizance.     

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.     

VARIATION IN TRIAL PENALTIES AMONG SERIOUS VIOLENT OFFENSES*

We examine the differences in the sentencing of those who plead guilty and those convicted by jury trial among defendants convicted of serious violent offenses. Drawing from a focal concerns and court communities perspective on court decision making, we develop several hypotheses about jury trial penalties for serious violent offenders, and how such penalties may vary by offense characteristics, defendant characteristics, and court contexts. Our hierarchical models using Pennsylvania sentencing data from 1997 to 2000 reveal that defendants are substantially penalized if they exercise their right to a jury trial and then lose. Furthermore, this jury trial penalty is not evenly assessed, but depends on the seriousness and type of offense, defendant criminal history, and court contextual characteristics such as caseload, court community size, local violent crime rates, and the size of local black populations.     

Is the Process the Only Punishment?: Racial–Ethnic Disparities in Lower-Level Courts

Although misdemeanors make up the bulk of criminal cases in the United States, the majority of research on court decision-making examines felony sentencing. In contrast to felony courts, lower-level courts are characterized by higher case volumes and increased reliance on informal sanctions, which may contribute to greater racial–ethnic disparities. To assess this possibility, we examine pretrial detention and case processing outcomes for misdemeanants in Miami-Dade County, Florida. Utilizing temporal (detention time) and monetary (bond amount) measures of pretrial detention, we assess whether and to what extent there are racial–ethnic disparities in formal and informal sanctions facing misdemeanants. Results indicate that black defendants, especially black Latinx defendants, face greater informal sanctions (longer detention and higher bond amounts), are more likely to be convicted, and experience more severe formal sanctions than do white non-Latinx defendants. These findings complicate Feeley's (1979) argument about lower-level cases, revealing that black defendants are punished by both the court process and formal sanctions. In this way, “the process is the punishment” for lower-level white and nonwhite defendants, while the punishment is also the punishment for black defendants.     

The impact of racial slurs and racism on the perceptions and punishment of violent crime

When a crime is committed by an individual of one race against an individual of another race, there is the possibility that the crime is a hate crime. Legislation often mandates harsher penalties for perpetrators convicted of crimes determined to be hate crimes, yet this determination is difficult to make. This study used vignettes of violent crimes to examine how the races of the perpetrators and victims, the severity of the assault, and the use of racial slurs by the perpetrators would affect perceptions of the crimes as "hate crimes," victim blaming, and sentencing recommendations. Results showed that each of these factors affected participants' perceptions and punishments of violent crime. Participants' levels of racism were an additional factor. These results contribute to the understanding of how crimes in which the perpetrator's and victim's races differ are perceived.     

Racial and ethnic disparity in pretrial criminal processing

This study uses data on the processing of felony defendants in large urban courts to analyze racial and ethnic disparities in pretrial processing. There are three major findings. First, racial disparity is most notable during the decision to deny bail and for defendants charged with violent crimes. Second, ethnic disparity is most notable during the decision to grant a non‐financial release and for defendants charged with drug crimes. Third, when there is disparity in the treatment of Black and Latino defendants with similar legal characteristics, Latinos always receive the less beneficial decisions. These findings are consistent with the theoretical perspective offered, which suggests that stereotypes influence criminal processing when their specific content is made salient by either the concerns relevant to a particular processing decision or the crime type of a defendant’s primary charge.     

Police professionalism and cynicism reconsidered: An assessment of measurement issues

A hierarchical logistic model is used to analyze data on Three Strikes-eligible offenders in California and the counties in which they are sentenced. The analysis finds that discretion is widely exercised by elected prosecutors and judges in the administration of Three Strikes. Discretion functions as a “safety valve” and preserves some sentencing proportionality, but may also allow political concerns to influence sentencing decisions. A more conservative political environment is strongly associated with stricter application of the law. Consistent with racial threat theory, eligible felons are more likely to receive Three Strikes sentences in counties with larger Latino populations. However, the size of the black population has no significant effect. Higher unemployment rates are associated with more stringent application of the law. Prosecutorial and judicial discretion benefits offenders unequally. Controlling for legally relevant factors, black offenders are more likely to receive Three Strikes sentences, while younger ones are less likely.     

Crime,politics, and minority populations: Use of official statistics in the united states and Japan

Although the governments of the United States and Japan differ markedly in racial ideology, official crime statistics in both nations reflect political arrangements which marginalize minority populations. In both nations, official crime statistics reveal more about the attempts of majority populations to label minority populations as a criminal class than about variations in criminal behavior across racial populations. While there is no racially pure Black population in the United States, there is a “black” category within official statistics, and the statistics are used to justify crime control policies which have a disparate impact on the diverse peoples who are socially‐perceived as Black. While there are undeniably non‐Japanese populations in Japan, there are no racial categories for them in official statistics which define them out of existence; except where crime statistics are concerned, so that the police can monitor the criminality of “foreigners.” In both societies, official categorization of race in crime statistics implies that crime is a minority problem; government statistics reinforce official ideology that crimes by “foreigners” and “black violence” are the real threats to civil society.     

Court Sentencing Patterns for Environmental Crimes: Is There a “Green” Gap in Punishment?

Objectives

This study examines sentencing patterns for environmental crimes and tests the assumption that “green” offenders receive more lenient treatment from criminal courts than non-environmental offenders.

Methods

We present two sets of analyses. First, we present an empirical portrait of environmental felony offenses convicted in a single state (Florida) over a fifteen-year period and the resulting criminal sanctions. Second, we use a precision matching analysis to assess whether environmental offenders receive more lenient treatment when compared to non-environmental offenders with the same characteristics and offense severity scores.

Results

Findings indicate that an overall small percentage of felony convictions in state courts stem from environmental crimes. We also find that punishments for environmental crimes are more lenient than sanctions assigned to comparable non-environmental offenses when the environmental crime is ecological, but that punishments are sometimes harsher when the environmental crime involves animals.

Conclusions

The findings provide general support for the argument that courts and other formal institutions of social control treat environmental crimes more leniently than non-environmental crimes. This paper also raises important questions about citizen and state actors’ perceptions of crimes against the environment and, more generally, about the ways in which theories of court sentencing behaviors apply to environmental crime sanctioning decisions.

     

Patterns of violent specialization: Predictors of recidivism for a cohort of parolees

Historically, there has been interest in the unfolding of criminal careers, especially in the persistence, specialization, and prediction of violent recidivism. Specialization in violent crime is particularly important as both the public and politicians have called for longer sentences, incapacitation, and prison expansion for violent offenders. However, research on the specialization of violent crime has been largely overlooked in spite of its importance to criminal justice practitioners and public interest. To examine the specialization in crime, this research uses data collected in Ohio in 1989 on a cohort of 3,353 parolees released from prison. Specialization is defined as the exclusive admission to prison for a violent crime with a subsequent violent recidivism offense. Logistic regression is used to delineate predictors of violent specialization. Race, county of commitment, age at release, time served, number of prior felony convictions, and number of prior parole revocations are found to be related to violent specialization.     

Questioning mandatory sentencing efficiency: A case study of persistent felony offender rapists in Kentucky

This policy analysis explores the incapacitative efficiency of Kentucky’s career criminal statute in averting the recidivism of offenders convicted of rape. The study utilizes a 1985 cohort of Kentucky persistent felony offenders with at least one rape conviction (n = 62) and tracks recidivism rates up to fifteen years later. The results question the efficiency of mandatory sentencing. In general, mandatory minimum sentences (where offenders are not eligible for statutory good time or parole) kept these offenders incarcerated beyond the time necessary to avert future crimes.     

UNEMPLOYMENT AND PUNISHMENT: AN EMPIRICAL ASSESSMENT*

Evidence for a relationship between unemployment and imprisonment has been regarded as “elusive” and “conflicting.” Such conclusions have been based primarily on aggregate-level data. Individual-level data have provided only indirect evidence for this relationship. This research considers prosecution, incarceration, and length of incarceration outcomes for 1,970 criminal defendants arrested in 1982. Multivariate logit and OLS estimates show a significant, strong, and independent impact of unemployment on pretrial and postsentencing incarceration. The interaction of race and unemployment shows that the greatest likelihood of incarceration is for unemployed black defendants, especially those who are young males or charged with violent and public order crimes. Theoretical implications for the control and punishment of “dangerous classes” are discussed.     

American Indians and sentencing disparity: An Arizona test

Although a proliferation of research exists examining the extent to which African American criminal defendants receive more harsh sentences relative to Caucasians, comparatively little research has examined the issue of discrimination in relation to other minority groups. This article examines disparities in sentence length received between American Indian and Caucasian inmates incarcerated in Arizona state correctional facilities. Regression analyses were used to predict the sentences received by American Indian and Caucasian inmates convicted of six crimes (homicide, sexual assault, robbery, assault, burglary, and larceny). After prior felony record and other demographic variables were controlled in these crime-specific models, the crimes of robbery and burglary were the only crimes in which American Indians received longer sentences than Caucasians convicted of the same offense. Caucasian defendants received significantly longer sentences than American Indians for cases of homicide. A defendant's prior felony record was the only variable that consistently increased the length of sentence received by defendants across all types of crime. These findings are discussed and interpreted using various theoretical arguments.     

想象竞合的功能及其存在根据

将罪数论升级为竞合论,关键在于要使罪数论的定罪量刑功能转变为竞合论的量刑功能。想象竞合是竞合论中最为重要的成员,它是一个针对自然行为犯数罪如何量刑的理论。在对想象竞合行为定罪时,犯罪构成仍是定罪的惟一标准,因此想象竞合为数罪,在判决书中,要将数罪一一列明。如果对想象竞合数罪并罚,就否定了其存在的必要性。不能对想象竞合数罪并罚的理由,就是想象竞合的存在根据。想象竞合的数罪中,不法量刑情节与特殊预防必要性的情节高度重合,数罪并罚会造成量刑中的重复评价。较轻的一罪在想象竞合的量刑中仍具有一定的发言权,即宣告刑不能低于轻罪的最低刑,同时必须考虑轻罪的附加刑。     

Mapping the Racial Bias of the White Male Capital Juror: Jury Composition and the “Empathic Divide”

This article examines the nature of racial bias in the death sentencing process. After reviewing the various general explanations for the continued significance of race in capital cases, we report the results of an empirical study in which some aspects of racially biased death sentencing are examined in depth. Specifically, in a simulated capital penalty‐phase trial setting where participants were assigned to small group “juries” and given an opportunity to deliberate, white male jurors were significantly more likely to sentence black defendants to death than were women and nonwhite jurors. This racialized pattern was explained in part by the differential evaluation of the case facts and the perceptions of the defendant that were made by the white male jurors. We discuss these findings in light of social psychological theories of contemporary racism, and we conclude that the demonstrated bias in capital jury settings should be understood as an interaction of several factors, including individual juror characteristics, group‐level demographic composition, and group deliberation processes.     

The Intersection of Crime Seriousness,Discretion, and Race: A Test of the Liberation Hypothesis

Spohn and Cederblom’s interpretation of the liberation hypothesis asserts that with trivial crimes, judges are “liberated” to consider extra-legal attributes such as race when making sentencing decisions. The current study posits that this perspective may be too theoretically simplistic because it fails to distinguish between the concepts of discretion and uncertainty. In light of this argument, we examine the sentencing decisions of felony cases in the Florida circuit courts. Results indicate that blacks and Hispanics are more likely to be imprisoned than whites, and males more so than females. Contrary to expectations, this disparity increases with crime seriousness. Consistent with the imprisonment model, blacks and males receive longer sentences and the effect increases with case seriousness. We found no evidence that the effect of offender extra-legal attributes depends upon the characteristics of the judges handling the cases. Suggestions for future research and implications for the liberation hypothesis are discussed.