HISTORICAL CONTINGENCIES AND THE EVOLVING IMPORTANCE OF RACE,VIOLENT CRIME,AND REGION IN EXPLAINING MASS INCARCERATION IN THE UNITED STATES

This article combines insights from historical research and quantitative analyses that have attempted to explain changes in incarceration rates in the United States. We use state‐level decennial data from 1970 to 2010 (N = 250) to test whether recent theoretical models derived from historical research that emphasize the importance of specific historical periods in shaping the relative importance of certain social and political factors explain imprisonment. Also drawing on historical work, we examine how these key determinants differed in Sunbelt states, that is, the states stretching across the nation's South from the Atlantic coast to the Pacific, from the rest of the nation. Our findings suggest that the relative contributions of violent crime, minority composition, political ideology, and partisanship to imprisonment vary over time. We also extend our analysis beyond mass incarceration's rise to analyze how factors associated with prison expansion can explain its stabilization and contraction in the early twenty‐first century. Our findings suggest that most of the factors that best explained state incarceration rates in the prison boom era lost power once imprisonment stabilized and declined. We find considerable support for the importance of historical contingencies in shaping state‐level imprisonment trends, and our findings highlight the enduring importance of race in explaining incarceration.     

Cohort Effects and the Incumbency Advantage

The literature on the incumbency advantage in U.S. House elections has focused mostly on political variables, such as competition and incumbent resources. For this article, I identify an important sociological variable: a cohort effect that separates older generations from younger ones. Younger generations have been more likely to vote for incumbents, and the difference has endured over time, even as the political environment itself has changed and become more partisan. Moreover, the results hold even when one controls for partisan identification and general time‐period effects. The incumbency advantage may be a broader and more‐enduring part of American politics than has previously been recognized.     

Restraining the Court: Assessing Accounts of Congressional Attempts to Limit Supreme Court Authority

We propose a multilevel account of legislative Court curbing in order to assess existing explanations as to why such proposals come about. We argue that although Court curbing is commonly seen as the result of institutional conflict between Congress and the Supreme Court, it is best understood as a product of three interrelated factors: the individual motivations on the part of lawmakers, the partisan context in which they operate, and institutional disagreements between Court and legislature. We find evidence that micro‐level factors offer an important insight into Court curbing that institution‐focused explanations alone cannot.     

Local politics and police strength

Numerous studies have explored variation in police employment across cities, usually focusing on public choice, conflict, or organizational explanations. Yet, few consider whether the local political context affects police employment. Recent research suggests that local politics affects criminal justice outcomes. Using insights from urban politics research, I develop testable hypotheses about the effects of local political arrangements on municipal police strength. WLS regression results suggest the value of considering local political context in models of police strength. Specifically, in a sample of 945 cities with 25,000 or more residents in 1990, net of other variables, cities with unreformed political systems (mayor‐council forms of government, district‐based city councils and partisan elections) had more police employees per 1,000 residents, and this effect varied by region. Additionally, the effect of minority populations and crime rates on police strength varied across municipal political contexts. Implications for theories of police strength are discussed.     

Partisan Stacking on Legislative Committees

One aspect of the partisan model for legislative committee development that is rarely studied is the degree to which the majority party seeks to control legislative committees—and, thereby, chamber decisions—via numerically “overproportional” majority party representation on standing committees. This form of “party stacking” is often mentioned in the literature but has received little systematic examination and hypothesis testing. Using data from state legislative committees for all 49 partisan legislatures in the 2003–04 and 2005–06 sessions, we found support for the partisan model: majority party stacking is associated with a slim majority party advantage in a state legislative chamber.     

Crime,cash, and limited options: Explaining the prison boom*

Research Summary An analysis of a state panel of prison populations from 1977 to 2005 shows that the best predictors of prison populations are crime, sentencing policy, prison crowding, and state spending. Prison populations grew at roughly the same rate and during the same periods as spending on education, welfare, health and hospitals, highways, parks, and natural resources. Current and lagged values of state spending on prison construction also accounted for a substantial amount of variation in subsequent prison populations. Public opinion, partisan politics, the electoral cycle, and social threats seem to have had little effect on the number of prisoners. Policy Implications The availability of publicly acceptable alternatives to incarceration may not be sufficient to reverse course. Federal funding of alternatives—but not prisons—would provide states with the financial incentive to reduce prison populations.     

Assessing the impact of imprisonment on recidivism

Objectives  

There is debate about the extent to which imprisonment deters reoffending. Further, while there is a large literature on the effects of imprisonment, methodologically sound and rigorous studies are the exception due to problematic sample characteristics and study designs. This paper assesses the effect of imprisonment on reoffending relative to a prison diversion program, Community Control, for over 79,000 felons sentenced to state prison and 65,000 offenders sentenced to Community Control between 1994 and 2002 in Florida.     

Humanising Imprisonment: A European project?

This paper focuses on the continued significance of human rights in the movement to develop a more comprehensive European framework to improve prison conditions. It identifies the immediate factors that underlie the movement as the successful implementation of the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment and Punishment; the growing number of judgments of the European Court of Human Rights applying the European Convention for the Protection of Human Rights and Fundamental Freedoms to prison matters; the expansion of the number of member states of the Council of Europe; and the increased political interest at European level in penological matters. Attention is also paid to the wider ideological role that a concern for human rights plays in European criminal justice politics. The paper illustrates the reform movement by focussing on recent recommendations of the Council of Europe on various aspects of imprisonment, including the new European Prison Rules. The possible emergence of an international instrument of treaty status that would deal directly with substantive conditions of imprisonment is noted and its potential impact considered. An argument is made for the systemisation of European prison law and for further reform initiatives.     

Legislative Oversight in the Ukrainian Rada: Assessing the Effectiveness of Parliamentary Committees

This study analyses factors associated with the perceived effectiveness of committee oversight in the Ukrainian Rada. Based on two waves of original survey data, it attempts to discern whether Ukrainian MPs view the committee oversight process primarily as an extension of partisan politics, a forum for constituency representation and resource distribution, or a politically independent process of information acquisition and regulation. The findings of the analysis suggest that partisan political considerations do not play a significant role in shaping MP attitudes towards committee oversight. Rather, deputy evaluations of the oversight process are influenced mainly by distributional and informational factors, suggesting that committee oversight is one area in which legislative institutionalisation appears to be taking root in post-communist Ukraine.     

Reclaiming the Power to Punish: Legislating and Administrating the California Supermax, 1982–1989

This article examines how increasingly punitive prison conditions, epitomized by the birth and spread of the supermax prison, developed in the United States. This analysis builds on a growing literature about the “new punitiveness” of U.S. punishment policy and its global proliferation. This article shifts the focus away from the policies that have led to increasing rates of incarceration, however, and toward the policies that have shaped the conditions of incarceration. Drawing on archival research and more than 30 oral history interviews with key informants, I examine the administrative and legislative processes that underwrote the supermax innovation in California in the 1980s. During California's late twentieth‐century prison‐building spree, prison administrators deployed multiple rhetorics of risk to extend their control over conditions of confinement in state prisons. As the state invested billions of dollars in prison building initiatives, legislators, who were focused primarily on building prisons faster, ceded authority over prison design and conditions to prison administrators. In the end, rather than implementing legislative policy, prison administrators initiated their own policies, institutionalizing a new form of “supermax” confinement, pushing at the limits of constitutionally acceptable practices.     

Party Caucuses and Coordination: Assessing Caucus Activity and Party Effects

Party caucuses are increasingly important to members' allocation of time. This article reports findings from new data on the minutes, frequency, timing, and attendance of House party caucus meetings. I argue that the party caucuses increasingly affect political and policy information flows to members. This growing party coordination has resulted in a greater bonding and shared strategic information among rank‐and‐file copartisans. This research also contributes to the party effects literature. Earlier research on congressional partisanship has used roll‐call data to measure both member preferences and party effects. I investigate whether or not members' attendance at party caucus meetings immediately prior to key congressional votes imposes partisan cohesion beyond members' preferences. The results indicate that party coordination contributes to greater congressional party unity on key floor votes at both the bill and member level controlling for members' ideological preferences. This party coordination effect occurs even during a period of high intraparty preference homogeneity.     

No Evidence of Specific Deterrence under Penal Moderation: Imprisonment and Recidivism in Finland

International literature on prison effects on recidivism tends to find little evidence of specific deterrence. If anything, imprisonment seems more likely to increase than decrease rates of offending. The present study adds to this literature by examining imprisonment and recidivism in Finland, a nation characterized by an exceptionally moderate penal culture. It has been suggested that severe sanctions need to be imposed selectively in order for them to be effective. In this research, we estimated the impact of first imprisonment on recidivism in comparison with offenders sentenced to either suspended imprisonment or community service. Using data from government population registries, we controlled for a large number of legal and extra-legal confounding factors, including criminal history and socio-demographic characteristics. We found no evidence of reduced recidivism as a result of imprisonment. Instead, consistent with prior research, we find evidence of increased recidivism in certain offender categories. We conclude with a discussion of policy implications.     

Pains of imprisonment in a “lock em’ up” video game: implications for a peacemaking discourse through new media experiences

A limited body of literature has explored popular media portrayals of the prison experience. Much of this literature has focussed on film and television. Scant literature has considered new forms of media such as video games’ portrayals of the prison experience. In the current inquiry we examine the computer simulation game, Prison Architect, with respect to how its interactive experience has the potential simultaneously portray and problematize pains of imprisonment, and how these portrayals and problematizations may prompt a public discourse surrounding prison, particularly from a peacemaking perspective, even if the game itself does not incorporate concepts such as restorative justice. To conduct this analysis, we examine game-developer video blogs that relayed information about the game as it was developed (e.g., game content, rationale for creation, and embedded political, social and philosophical orientations toward prisons, prisoners, and the prison-industrial complex). Ultimately we link pains of imprisonment in Prison Architect to the broader societal discourse surrounding rationales for incarceration (i.e., retribution, incapacitation, and rehabilitation) and consider implications for prison themed games, particularly those such as simulation games that afford players a broad degree of freedom, as vehicles through which to engage the public in discourse about prison that can adopt a more human-centered, peace-oriented approach.     

Free Vote Patterns in the New South Wales State Parliament

This research note examines patterns of MPs’ voting behaviour during ‘conscience’ or ‘free’ votes on three ‘morality politics’ issues in the lower house of the New South Wales state parliament in Australia: adoption rights for gay couples; scientists’ use of therapeutic cloning; and the status of the Sydney Medically Supervised Injection Centre. First, the research note reviews the literature on conscience voting and hypothesises that party will be the main predictor of voting patterns, but also establishes that previous studies have almost exclusively focused on national legislatures. Next the research note discusses methodological issues. Third, it presents the analysis of free vote patterns in the New South Wales parliament on the three ‘morality politics’ issues, along four key variables: party; sex; social ideology; and religion. The analysis of voting in the New South Wales parliament challenges existing explanations of free voting, where party is the key predictor of voting patterns. Intra-party unity figures show that party membership is a weaker predictor of voting behaviour in the two main political parties in New South Wales than in either the Australian parliament or in overseas parliaments. It is argued that at the subnational level other factors are more important in explanations of free vote patterns.     

Balancing Power: Committee System Autonomy and Legislative Organization

The most recent explanations for the existence of committee systems in legislative chambers have posited that committees are the agents of one of three very different principal actors: (1) individual members (distributive theory), (2) the full chamber (informational theory), or (3) the major political party (partisan theory). In addition to defining and operationalizing the concept of institutional committee system autonomy, I put forth and test several hypotheses linking these three explanations to committee system autonomy. In the end, the results show empirical support for the informational theory over the distributive and partisan theories.     

Religion in the Legislative Arena: Affiliation,Salience, Advocacy,and Public Policymaking

Religion is a complex and multidimensional phenomenon that informs politics in various ways. This article examines the effects of religious affiliation, religious salience, and religious group advocacy on roll‐call voting in the Wisconsin state legislature. Various studies have demonstrated the impact of religious affiliation on legislative politics, but our use of additional religious indicators allows us to model the religious effect in a more accurate and nuanced manner. Using data from an original survey of state legislators, we utilized structural equation modeling to measure the direct and indirect effects of these religious factors on both the general pattern of roll‐call voting and voting on a high‐salience issue, abortion. Ultimately, the findings indicate that, even when we control for political party affiliation, which is a dominant influence on roll‐call voting, conservative Protestant religious affiliation and high religious salience influence legislative voting. We conclude with a discussion of the implications for future studies of religion in the legislative arena.     

Collateral damage: do gender quotas undermine party discipline?

Quotas are the most disputed instrument to promote equal representation of women. Today, political parties in more than 90 democracies apply them. Essentially, gender quotas are a manipulation of the electoral rules. Scholars of legislative politics have created an impressive knowledge of the effect of electoral rules on political behaviour. So far, this literature remains unconnected to the literature on gender quotas. Our study contributes to closing that research gap.     

Age,Role Changes and Gender Power in Family Relationships

Abstract

This article explores the effect of a prison sentence on an inmate's female partner, with particular reference to the impact on ‘older’ women. Drawing on the findings of an empirical qualitative research study and the existing literature, this article considers the gender role changes prompted by imprisonment, and the strategies utilized by women in coping with consequent strain. The gendered nature of the impact of imprisonment is explored, and the article concludes by drawing on multidisciplinary feminist perspectives in criminology and family studies to assess the centrality of institutionalized ‘traditional’ expectations of appropriate women's behavior to women's experiences of, and responses to, male imprisonment.     

THE EFFECT OF IMPRISONMENT ON RECIDIVISM RATES OF FELONY OFFENDERS: A FOCUS ON DRUG OFFENDERS*

The purpose of this study is to evaluate the deterrent effect of imprisonment. Using data on offenders convicted of felonies in 1993 in Jackson County (Kansas City), Missouri, we compare recidivism rates for offenders sentenced to prison with those for offenders placed on probation. We find no evidence that imprisonment reduces the likelihood of recidivism. Instead, we find compelling evidence that offenders who are sentenced to prison have higher rates of recidivism and recidivate more quickly than do offenders placed on probation. We also find persuasive evidence that imprisonment has a more pronounced criminogenic effect on drug offenders than on other types of offenders.     

Personal Characteristics of MPs and Legislative Behavior in Moral Policymaking

Theoretical and empirical models of legislative decision making in parliamentary democracies typically neglect the policy preferences of individual MPs and instead focus on political parties and possible institutional constraints. We argue that MPs actually make judgments and decisions on the basis of their preferences, which are shaped by their personal characteristics. However, given the strength of parties in most parliamentary systems, the impact of personal characteristics on legislative behavior is rarely visible. Therefore, we examine a moral issue. Looking at cosponsorship, parliamentary speeches, and votes in the German Bundestag, we analyze the legislative procedure on the regulation of preimplantation genetic diagnosis (PGD) in Germany in 2011. We show that the legislative behavior of MPs does not only reflect partisan conflict but is also influenced by the preferences of the constituents and MPs’ own personal characteristics such as: religious denomination, gender, and parental status.