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.     

Examining Prison Effects on Recidivism: A Regression Discontinuity Approach

The “get-tough” era of punishment led to exponential growth in the rate of incarceration in the United States. Recent reviews of the literature indicate, however, that limited rigorous research exists examining the effect of imprisonment on the likelihood of future offending. As a result, scholars have called for assessment of this relationship, while using methodologies that can better account for selection effects. This study addresses these calls directly by applying regression discontinuity, a methodology well suited to account for selection bias, on a cohort of felony offenders in Florida. Results suggest that prison, as compared to non-incarcerative sanctions, has no appreciable impact on recidivism. Although no differential effects surfaced across race/ethnicity, the analyses indicated that imprisonment exerts a differential effect by gender with the effect being more criminogenic among males than females.     

When every relationship is above average

Marriage license applicants and law students were surveyed about their knowledge of divorce statutes, knowledge of the demographics of divorce, and expectations for their own marriage. Both groups had largely incorrect perceptions of the legal terms of the marriage contract as embodied in divorce statutes, but they had relatively accurate, if sometimes optimistic, perceptions of both the likelihood and the effects of divorce in the population at large. These same individuals expressed thoroughly idealistic expectations about both the longevity of their own marriages and the consequences should they personally be divorced. Increasing individuals' knowledge of divorce statutes through a course on family law did not diminish this unrealistic optimism. Both groups largely approved of the existing divorce statutes, although there was substantial agreement about a few important respects in which the laws should be changed. These findings suggest that the sense of unfairness and surprise that frequently attend divorce may be a result of systematic cognitive biases rather than of a lack of information about divorce.     

Exploring the Positive Punishment Effect Among Incarcerated Adult Offenders

The vast majority of offenders released from prison will re-offend, about two-thirds will be re-arrested with three years, most current prison inmates have prior prison experience, and many repeat offenders are devoted to what has been termed a criminal lifestyle. Findings from a survey of over 700 incarcerated adult offenders explore the effect of different measures of past punishment on inmates’ perceptions of the certainty and severity of future sanctions, and self-reported likelihood of re-offending after release. Results are mixed, with measures of current imprisonment being associated with a deterrent effect, while measures of past imprisonment (juvenile and adult) and experience with alternative sanctions being associated with a criminogenic effect. Recognizing that the data are not longitudinal and contain no measures of actual re-offending, the implied positive punishment effect is explained by applying social learning dynamics and insights from ethnographic studies. Specifically, a) non-social reinforcers-particularly affective costs and benefits experienced through offending, b) association with criminal reference groups in and out of prison, and c) a lack of legitimate, reintegrative opportunities upon reentry all serve to promote re-offending. Findings have implications for the study of offender decision-making processes, and speak to the efficacy of imprisonment as a deterrent to crime.     

WHEN THE TIES THAT BIND UNWIND: EXAMINING THE ENDURING AND SITUATIONAL PROCESSES OF CHANGE BEHIND THE MARRIAGE EFFECT

Despite the continued growth of research demonstrating that marriage promotes desistance from crime, efforts aimed at understanding the mechanisms driving this effect are limited. Several theories propose to explain why we observe a reduction in offending after marriage including identity changes, strengthened attachments, reduced opportunities, and changes to routine activities. Although mechanisms are hard to measure, we argue that each proposed mechanism implies a specific change process, that is, whether the change that ensues after marriage is enduring (stable) or situational (temporary). Drawing on a medical model framework, we cast the role of marriage as a treatment condition and observe whether the effect of marriage is conditional on staying married or whether the effect persists when the “treatment” is taken away (i.e., divorce). We use 13 years of monthly level data from the National Longitudinal Survey of Youth (NLSY97), a nationally representative sample containing close to 3,000 individuals with an arrest history, to examine changes in relationship status and arrest from adolescence into young adulthood. Estimates from multilevel within‐individual models reveal greater support for situational mechanisms in that divorce is detrimental particularly for those in longer marriages; yet they also reveal important caveats that suggest a closer examination of the marriage effect. This research adds to the growing body of knowledge regarding the marriage effect by redirecting desistance research away from asking if marriage matters to asking how marriage affects desistance. A better understanding of this change process has important implications for criminal justice policy.     

The Incapacitation Effect of First-Time Imprisonment: A Matched Samples Comparison

Objectives

The logic of incapacitation is the prevention of crime via the forced removal of known offenders from the community. The challenge is to provide a plausible estimate of how many crimes an incarcerated individual would have committed, were s/he free in the community rather than confined in prison. The objective of this study is to provide estimates of the incapacitation effect of first-time imprisonment from a sample of convicted offenders.

Methods

The data are official criminal records of all individuals convicted in The Netherlands in 1997. Two different analytical strategies are used to estimate an incapacitation effect. First, the offending rate of the imprisoned individuals prior to their confinement in 1997 provides a “within-person counterfactual”. Second, imprisoned offenders are paired with comparable non-imprisoned offenders using the method of propensity score matching in order to estimate a “between-person counterfactual”. Incapacitation estimates are provided separately for juvenile imprisonment (ages 12–17) as well as adult imprisonment (ages 18–50), and for male and female offenders.

Results

The best estimate is that 1 year of incarceration prevents between 0.17 and 0.21 convictions per year. The use of additional data sources indicates that this corresponds to between roughly 2.0 and 2.5 criminal offenses recorded by the police.

Conclusions

The current results suggest that, insofar as imprisonment is used with the primary goal of reducing crime through incapacitation, a general increase in the use of incarceration as the sanction of choice is not likely to yield major crime control benefits.     

Revisiting the Special Sensitivity Hypothesis: The Prison Experience of White-Collar Inmates

Despite recent increases in the use of incarceration for white-collar offenders, little is known about the prison experiences of these individuals or how they adjust to imprisonment. Although empirical evidence is lacking, a widespread view has prevailed that white-collar offenders have a “special sensitivity” to imprisonment—that they experience more pains and cope less well within the society of captives. Based on a sample of 366 federal prison inmates, we assessed the special sensitivity hypothesis. The analyses revealed that white-collar inmates are not more likely to experience negative prison adjustment. In some regards, white-collar inmates had fewer institutional problems and were more likely to cope with prison life successfully. Results thus call into question the merits of the special sensitivity hypothesis and are consistent with the view expressed earlier by Michael Benson and Francis Cullen that white-collar offenders may possess attributes and resources sufficient for their successful adaptation to life in prison.     

SPECIFIC DETERRENCE IN A SAMPLE OF OFFENDERS CONVICTED OF WHITE COLLAR CRIMES*

It is generally argued that white-collar criminals will be particularly influenced by punishment policies. White-collar crime is seen as a highly rational form of criminality, in which the risks and rewards are carefully evaluated by potential offenders, and white-collar criminals are assumed to have much more to lose through sanctions than more common law violators. In this article we examine the impact of sanctions on the criminal careers of 742 offenders convicted of white-collar crimes in seven US. district courts between fiscal years 1976 and 1978. Utilizing data on court-imposed sanctions originally compiled by Wheeler et al. (1988b), as well as information on subsequent criminal behavior provided by the Identification Bureau of the Federal Bureau of Investigation, we assess the effect of imprisonment upon the oficial criminal records of people convicted of white-collar crimes. Comparing prison and no-prison groups that were matched in terms of factors that led to their receipt of a prison sanction, we find that prison does not have a specific deterrent impact upon the likelihood of rearrest over a 126-month follow-up period.     

Coping with Imprisonment: Testing the Special Sensitivity Hypothesis for White-Collar Offenders

This study uses nationally representative prison data to test two competing theories of how white-collar offenders experience prison. The first perspective, referred to as the special sensitivity hypothesis, assumes that because of their social and demographic background characteristics white-collar offenders are more susceptible to the pains of imprisonment than other inmates. The second perspective, referred to as the special resiliency hypothesis, is based on the idea that these same background characteristics may reduce the pains of imprisonment for white-collar offenders. Ordinal and binary logistic regression models are used to estimate the effect of white-collar inmate status on several indicators of psychological adjustment. The current study finds partial support for the special resiliency hypothesis, but not the special sensitivity hypothesis. The results for each outcome are discussed regarding both theoretical and practical applications. The study’s limitations are also addressed and suggestions for future research on incarcerated white-collar offenders are given.     

Employment and divorce among Dutch women born between 1903 and 1937

Women's increased economic independence is often regarded as a major contributor to the rise in the divorce rate since the 1960s. The rise in female labor-force participation and educational attainment has eroded the benefits of the traditional gender division within marriage and reduced the negative financial consequences of divorce. Women's employment may also undermine traditional marital role expectations and increase stress and marital conflict. In contrast to other countries, the Netherlands has seen virtually no empirical support for this economic independence hypothesis to date. This article tests this hypothesis by examining women born between 1903 and 1937. The results of multivariate analyses confirm the economic independence hypothesis: both a high level of education and labor-force participation significantly increase women's likelihood of divorce.     

Employment and divorce among Dutch women born between 1903 and 1937

Women's increased economic independence is often regarded as a major contributor to the rise in the divorce rate since the 1960s. The rise in female labor-force participation and educational attainment has eroded the benefits of the traditional gender division within marriage and reduced the negative financial consequences of divorce. Women's employment may also undermine traditional marital role expectations and increase stress and marital conflict. In contrast to other countries, the Netherlands has seen virtually no empirical support for this economic independence hypothesis to date. This article tests this hypothesis by examining women born between 1903 and 1937. The results of multivariate analyses confirm the economic independence hypothesis: both a high level of education and labor-force participation significantly increase women's likelihood of divorce.     

Assessing the Accuracy of Life Event Calendar Data in an Offender Sample

Criminologists are increasingly interested in the effects of life-course dynamics on criminological development. However, detailed longitudinal data are difficult to obtain and possibly confounded due to recall errors. Life Event Calendars (LECs) are designed to reduce recall errors and are increasingly used as a method for obtaining valid retrospective data in criminological studies. Yet few studies exist that assess the accuracy of LEC data in offender samples. This study aims to fill this void. We compare data regarding the prevalence and timing of marriage, divorce, and childbirth obtained through an LEC to official registry data in a sample of convicted offenders. We examine whether the accuracy of the data vary by event or respondent specific characteristics. We conclude that the LEC data are quite accurate regarding the prevalence of marriage, divorce, and childbirth. The data are less accurate regarding the timing of these life events.     

RECIDIVIST IMPACTS OF DIFFERENTIAL SENTENCING PRACTICES FOR BURGLARY OFFENDERS

The research reported here attempts to examine the recidivist impacts of probationary sentences versus incarceration. Statistically controlled comparisons were run on a probability sample of 100 offenders sentenced for residential or commercial burglary convictions in 1971. Subsequent arrest, conviction. and imprisonment data were gathered from official agency records through March of 1975. The results of this study indicate that for persons sentenced for burglary the likelihood of subsequent conviction for a felony or for any crime is less for probationer offenders than for any other sentence type. The strongest predictors of recidivism (defined as subsequent conviction for crime) were age, previous incarceration experience, and sentence type. Length of sentence. type of release, and number of previous arrests were essentially unrelated to subsequent rates of recidivism.     

The Effects of Dog-Training Programs: Experiences of Incarcerated Females

Dog-training programs (DTPs) in prisons have grown increasingly popular throughout the United States, but very little is known about their effects on both prisons and their participants. Furthermore, with increasing rates of female imprisonment, the demand for programs that address the needs of female offenders is high. Using interview data from female offenders, program coordinators, and prison staff (N = 27), this study examined the effect of DTPs on how female offenders experience prison. The present study found that DTP participation alleviated the pains of imprisonment that women offenders face, including problems in psychological and emotional health, motherhood, transferable skills, security, trust, and serving time. An assessment of which female offenders appear to benefit the most is outlined, and the broader implications of these findings are discussed.     

Fines and Justice Administration: The Experience of the Federal Republic of Germany

As part of the penal code revised in 1969, the Federal Republic of Germany increased its reliance on fines, including the introduction of day-fines, in lieu of short-term imprisonment for minor offenses. The previous trend toward the use of fines was accelerated by the requirement that courts order imprisonment only in exceptional cases. Traffic cases were particularly affected. The qualities of the offense and the absence of previous offenses, rather than an individualized study of the offender, continued to be the dominant criterium influencing the choice of a fine. The chief effect of day fines was higher amounts applied to the more affluent defendants; the amount of the fine appeared to have no effect on subsequent recidivism. For first offenders, fines were superior to imprisonment in avoiding reconviction. Day-fines were no more effective (but not less effective) than imprisonment in the instance of traffic offenses. Fines were superior to other sanctions for petty property offenders but not for career thieves.     

'These boots are made for walking': why most divorce filers are women

Because of the financial and social hardship faced after divorce,most people assume that generally husbands have instigated divorcesince the introduction of no-fault divorce. Yet women file fordivorce and are often the instigators of separation, despitea deep attachment to their children and the evidence that manydivorces harm children. Furthermore, divorced women in largenumbers reveal that they are happier than they were while married.They report relief and certainty that they were right in leavingtheir marriages. This fundamental puzzle suggests that the incentivesto divorce require a reexamination, and that the forces affectingthe net benefits from marriage may be quite complicated, andperhaps asymmetric between men and women. This paper considerswomen's filing as rational behavior, based on spouses' relativepower in the marriage, their opportunities following divorce,and their anticipation of custody.     

Divorce and separations in eighteenth-century France: An outline for a social history of law

Marriage breakdown is now common in western society, but it is hardly a new phenomenon. The article investigates the mechanisms and juridical representations of divorce and separation in eighteenth-century France, and argues that if in that century divorce was connected to the secularization of the state, during the 1789 Revolution it gained a new autonomy because of the efforts to add a new article at the universal declaration of human rights. The images of divorce still current today suggest an eighteenth-century past when marriage dissolution was conceived of as a phenomenon involving a more inclusive context of relations and not just as an isolated element of the social reality. Then, discussion of marriage as well as of divorce belonged to a larger domain of family relations and social attitudes, as is evident in the civic representations of these phenomena.     

Cumulative impact: Why prison sentences have increased*

Why has the probability of going to prison after a felony conviction increased since the early 1980s? Social scientists often try to answer this question through macro‐level research that is aimed at examining correlations between prison admissions and crime rates or sociopolitical characteristics of states. That type of macro‐level inquiry, however, does not allow for a close examination of how characteristics of offenders changed over time, and whether such changes are consequential for understanding trends in the use of imprisonment. In the current study, I take a different approach—one in which case‐level data are observed over a lengthy time span—to investigate why the likelihood of going to prison for a given crime persistently increased for several decades. The results of analyses of more than 350,000 felony cases sentenced in Minnesota during a 33‐year period show that the probability of a defendant receiving a prison sentence increased from 1981 to 2013, as would be expected. The primary reason for the rising probability of imprisonment was the significant increase in the average offender's criminal record, which more than doubled during the observation period.     

GENDER AND IMPRISONMENT DECISIONS

Guidelines sentencing data from Pennsylvania for the years 1985–1987 are analyzed to assess the influence of gender on judges' imprisonment decisions. These data provide detailed information on offense severity and prior record, permit statistical controls for other variables thought to affect imprisonment decisions, cover a fairly comprehensive list of common-law offenses (with adequate sample size), and contain judges' dispositional-departure reasons for sentences outside the guidelines schema. The data—analyzed with additive and interactive models–indicate that gender (net of other factors) has a small effect on the likelihood of imprisonment toward lesser jailing of female defendants but has a negligible effect on the length-of-imprisonment decision. Observations and interview responses from selected judges help to clarify the ways in which judges' sentencing practices are gender linked. Together, the statistical and the qualitative data suggest that the sentencing practices of judges are driven by two main concerns, blameworthiness (e.g., as indicated by prior record, type of involvement, remorse) and practicality (e.g., as indicated by child-care responsibility, pregnancy, emotional or physical problems, availability of adequate jail space). Based on our findings, we suspect that when men and women appear in (contemporary) criminal court in similar circumstances and are charged with similar offenses, they receive similar treatment. A major question from a policy perspective is, when gender disparities in sentence outcomes do arise, are the disparities warranted or unwarranted?     

Fraud in courtship: Annulment and divorce

The possibility of fraud exists in any contract. Courts and custom allow some amount of fraud before voiding the contract. The same principles hold for marriage. This paper provides a comparative analysis of annulment and divorce, shows that there exists a socially optimal amount of fraud in marriage, and demonstrates how changes in the locale's divorce regime result in changing demand for annulments. While substitutability between annulment and divorce is limited, annulment is shown to become more valuable for introducing fault when the divorce regime shifts to no fault. As European nations harmonize their family laws, they should be conscious of this substitutibility.