Death penalty views in China, Japan and the U.S.: An empirical comparison

Many nations impose the death penalty, yet most of the literature on capital punishment has focused on Western nations, particularly the U.S. China and Japan are two retentionist nations. Based on the data collected in 2005, this study examined the level of death penalty support and views on capital punishment among college students from China, Japan, and the U.S. It was found that Chinese respondents reported the highest level of death penalty support, followed by Japanese and U.S. students. Respondents from China and Japan were more likely to believe in the deterrence value of capital punishment than their U.S. counterparts. Views on retribution differed among the respondents. U.S. students were most likely to feel that innocent people are sentenced to death. In multivariate analyses, deterrence was the strongest correlate of death penalty views among Chinese and Japanese respondents, followed closely by retribution. For both Chinese and Japanese students, the barbarity of government taking the life of a person was the strongest predictor for opposing the death penalty. For U.S. respondents, retribution was the strongest reason for supporting capital punishment and the barbarity of executions was the strongest reason for opposing the death penalty.     

Parental Use of Physical Punishment as Related to Family Environment, Psychological Well-being, and Personality in Undergraduates

Childhood experiences of physical punishment were examined as related to perceptions of family environment during childhood and affective and personality outcomes of college students. From the 274 respondents who participated, scores were compared for the participants with the 75 highest and 75 lowest physical discipline scores based on the Conflict Tactics Scale (CTSPC-CA). Respondents who experienced the highest level of physical punishment in their families of origin reported higher family conflict, more negative parental relationships, greater family worries, more depressive symptoms, more perceived nonsupport, greater identity problems, and more negative social relationships. Respondents in the low physical punishment group reported higher positive family affect. Results suggest that experiencing physical discipline as a child may be related to one’s family environment and psychological well-being in young adulthood.     

To Spank or Not To Spank: The Effect of Situation and Age of Child on Support for Corporal Punishment

This study examined college students' attitudes toward spanking as a function of the situational context and age of the child. As expected, respondents were more likely to find spanking appropriate for preschool (ages 3–4) and early school age children (ages 7–8) than for older children (ages 11–12). Physical punishment was also viewed as more suitable when the child's misbehavior was disrespectful (talking back to a parent), or violated strongly held norms (hitting a playmate, stealing), and less appropriate for age-related or less serious misbehavior. Gender and race differences emerged, with males and blacks showing more support for corporal punishment than females and whites. In general, findings revealed strong support for spanking, although there was evidence of some ambivalence, especially among white and female respondents. Implications of the findings are discussed.     

The nexus between attribution theory and racial attitudes: a test of racial attribution and public opinion of capital punishment

Research has shown that attribution theory and racial attitudes are among the most consistent attitudinal predictors of capital punishment opinion. This study explores the overlap of these two constructs, racial attribution, and its ability to account for support and opposition to the death penalty. Using data from the 1972–2016 cumulative data file of the General Social Survey, three logistic regression models were used to analyze the effect of internal and external racial attribution on capital punishment opinions for (a) the aggregate sample, (b) White respondents only, and (c) Black respondents only. Respondents were asked whether racial inequalities were due to structural disadvantages or personal deficiencies of Black Americans. Findings showed that respondents in all three models were more likely to support the death penalty when they attributed racial inequalities to personal deficiencies of Blacks and less likely to support the death penalty when they endorsed structural disadvantages, although the effects were somewhat muted for Black respondents. These findings suggest that ongoing public support for capital punishment in the United States is based at least in part on a fundamental attribution error in which Whites and some Blacks alike blame Blacks for their own deprivation.     

Exploring the Justice of Punishments: Framing, Expressiveness, and the Just Prison Sentence

This paper examines views about the justice of punishments for offenders convicted of five major types of offenses—drug, violent, corporate, property, and victimless crimes. We focus on the just punishment and the just dispersion in the punishment distribution, together with observers' framing and expressiveness; and we test for interrespondent differences. Data are drawn from six U.S. samples interviewed in 1982, a probability sample of the adult population of a major city and samples of five special groups, prison inmates, police officers, law-school and high-school students, and Job Corps trainees. Respondents' judgments were obtained using Rossi's factorial survey method. Fictitious offenders were constructed by randomly combining offender, offense, and victim characteristics; and respondents used a line-matching technique to rate the justice of punishments randomly assigned to fictitious offenders. Analysis is guided by the framework for empirical justice analysis, which provides an integrated set of procedures for estimation and testing. Results indicate that respondents in all samples save one disagree with each other on the just punishment; and the six samples yield four distinct average orderings of just prison sentences. However, large majorities in all six samples find the dispersion in the punishments experimentally put into the vignette world to be too small relative to the just dispersion. More broadly, comparing the results obtained here from the probability sample of a major city with results from a comparable study on the justice of earnings, we find two interesting symmetries—approximately 1% of the general population is contrarian, regarding earnings as a bad and time in prison as a good; and approximately 92% to 94% of the population regard earnings inequality as too high and prison-time inequality as too low. Finally, this study provides additional evidence that the general population in the United States exhibits independence of mind informing their ideas about what constitutes the just earnings and the just punishment.     

Intergenerational Transmission of Parental Corporal Punishment in China: The Moderating Role of Spouse’s Corporal Punishment

Intergenerational patterns in the transmission of parental corporal punishment and the moderating effects of the spouses’ use of discipline on these patterns in China were examined. A total of 761 father-mother dyads reported on their experience of corporal punishment in childhood and their current use of discipline toward children. Results indicated that corporal punishment was transmitted across generations in China, and the strength of transmission was stronger for mild corporal punishment than for severe corporal punishment. Moreover, fathers’ corporal punishment moderated the transmission of the mothers’ discipline, but the moderating impact of mothers on the fathers’ discipline was absent. These findings suggest that the intergenerational transmission of corporal punishment differs according to severity and is moderated by the spouses’ discipline.     

Police Integrity and the Czech Police Officers

The Velvet Revolution of 1989 ended the socialist period in former Czechoslovakia. Sixteen years after the transition toward democratic policing, we explore the integrity contours of the Czech police. In the summer of 2005, we surveyed more than 600 police officers from East Bohemia regarding their perceptions about the seriousness of police corruption, the appropriate punishment such misconduct deserves and would receive, and their willingness to report misconduct. The results indicate that the majority of the respondents correctly labeled behaviors described in our questionnaire as rule‐violating. Furthermore, with the exception of the least serious forms of corruption, they supported and expected the two most serious forms of discipline: a cut in salary and dismissal. Finally, the majority of the respondents said that they would not be willing to tolerate the most serious forms of corruption in silence.     

A CROSS‐CULTURAL EXAMINATION OF THE LINK BETWEEN CORPORAL PUNISHMENT AND ADOLESCENT ANTISOCIAL BEHAVIOR*

Several studies with older children have reported a positive relationship between parental use of corporal punishment and child conduct problems. This has lead some social scientists to conclude that physical discipline fosters antisocial behavior. In an attempt to avoid the methodological difficulties that have plagued past research on this issue, the present study used a proportional measure of corporal punishment, controlled for earlier behavior problems and other dimensions of parenting, and tested for interaction and curvilinear effects. The analyses were performed using a sample of Iowa families that displayed moderate use of corporal punishment and a Taiwanese sample that demonstrated more frequent and severe use of physical discipline, especially by fathers. For both samples, level of parental warmth/control (i.e., support, monitoring, and inductive reasoning) was the strongest predictor of adolescent conduct problems. There was little evidence of a relationship between corporal punishment and conduct problems for the Iowa sample. For the Taiwanese families, corporal punishment was unrelated to conduct problems when mothers were high on warmth/control, but positively associated with conduct problems when they were low on warmtwcontrol, An interaction between corporal punishment and warmth/Wcontro1 was found for Taiwanese fathers as well. For these fathers, there was also evidence of a curvilinear relationship, with the association between corporal punishment and conduct problems becoming much stronger at extreme levels of corporal punishment. Overall, the results are consistent with the hypothesis that it is when parents engage in severe forms of corporal punishment, or administer physical discipline in the absence of parental warmth and involvement, that children feel angry and unjustly treated, defy parental authority, and engage in antisocial behavior.     

An economic analysis of the post World War II decline in the Japanese crime rate

Since the end of World War II there has been a dramatic decrease in reported Japanese crime. Adult arrest rates have fallen steadily since the early 1950s and juvenile arrest rates have fallen since the early 1960s. An economic analysis of crime predicts that crime rates depend upon returns to crime relative to returns in legal pursuits and the certainty and severity of punishment. Regression analysis is used to test this theory using Japanese data. The empirical results indicate that the economic model does not outperform alternative naive models. However, the results are consistent with the hypothesis that increases in returns to legitimate work diminish both adult and juvenile crime. Unemployment affects some adult crimes but has little impact on juvenile crime. The share of the population in poverty has no significant impact on either type of crime. Increases in the certainty of punishment deters adult crime but there is little evidence that increases in either the certainty or the severity of punishment deter juvenile crime. There is weak evidence to support the hypothesis that increases in the severity of adult punishments deter crime.     

The Intergenerational Transmission of Physical Punishment: Differing Mechanisms in Mothers’ and Fathers’ Endorsement?

We examined the intergenerational transmission of physical punishment (PP) and whether marital satisfaction moderated this transmission. Participants were 241 mothers and 107 fathers with a three year-old child who completed a semi-structured interview assessing their endorsement of disciplinary methods and the methods their parents used to discipline them. Marital satisfaction was assessed using the Conflicts and Problem Solving Scales. Different predictive models were obtained for mothers and fathers. For mothers, socioeconomic status (SES) and their own mother’s use of PP significantly predicted their current endorsement of PP. For fathers, SES and perceived harshness of childhood discipline predicted current endorsement of PP. Marital satisfaction moderated the intergenerational transmission of PP for fathers, but not mothers. Results indicated that PP by the same-sex parent and SES are important factors in its intergenerational transmission, and that the effects of childhood PP on current endorsement may be more direct for mothers and indirect for fathers.     

Predictors of adult attitudes toward corporal punishment of children

This study identifies predictors of favorable attitudes toward spanking. Analyses were performed with survey data collected from a representative sample of 1,000 adults from Quebec, Canada. According to this survey, a majority of respondents endorsed spanking, despite their recognition of potential harm associated with corporal punishment (CP) of children. The prediction model of attitudes toward spanking included demographics, experiencing or witnessing various forms of family violence and abuse in childhood, and perceived frequency of physical injuries resulting from CP. Spanking was the most reported childhood experience (66.4%), and most violence and abuse predictors were significantly and positively correlated. Older respondents who were spanked in childhood and who believed that spanking never or seldom results in physical injuries were the most in favor of spanking. On the other hand, respondents who reported more severe physical violence or psychological abuse in childhood were less in favor of spanking. Findings are discussed in terms of prevention of CP and family coercion cycle.     

THE MISSING LINK IN GENERAL DETERRENCE RESEARCH*

Research on the deterrent effects of punishment falls into two categories: macro‐level studies of the impact of aggregate punishment levels on crime rates, and individual‐level studies of the impact of perceived punishment levels on self‐reported criminal behavior. For policy purposes, however, the missing link—ignored in previous research—is that between aggregate punishment levels and individual perceptions of punishment. This paper addresses whether higher actual punishment levels increase the perceived certainty, severity, or swiftness of punishment. Telephone interviews with 1,500 residents of fifty‐four large urban counties were used to measure perceptions of punishment levels, which were then linked to actual punishment levels as measured in official statistics. Hierarchical linear model estimates of multivariate models generally found no detectable impact of actual punishment levels on perceptions of punishment. The findings raise serious questions about deterrence‐based rationales for more punitive crime control policies.     

The discipline of difference: Ethnolinguistic heterogeneity and corporal punishment

The minority threat hypothesis contends that growth in the size of a given minority population along with the ensuing competition for social and political resources will threaten existing social power arrangements. Regarding punishment specifically, the hypothesis states that dominant groups will support coercive measures to keep minority populations sufficiently oppressed. Using the minority threat hypothesis as our theoretical foundation, we posit that the more heterogeneous a population, the more social control will be necessary to maintain societal equilibrium for those in power. In effect a more personal, physical, and visceral response to criminal behavior will be deemed necessary in countries with high levels of fractionalization. This more focused form of social discipline will manifest as corporal punishment. Comparing modalities of punishment against varying population characteristics, we find that countries with higher levels of ethnic, linguistic, and religious fractionalization are more likely to employ corporal punishment against criminal offenders.     

Sex offender punishment and the persistence of penal harm in the U.S

The U.S. has dramatically revised its approach to punishment in the last several decades. In particular, people convicted of sex crimes have experienced a remarkable expansion in social control through a wide-range of post-conviction interventions. While this expansion may be largely explained by general punishment trends, there appear to be unique factors that have prevented other penal reforms from similarly modulating sex offender punishment. In part, this continuation of a “penal harm” approach to sex offenders relates to the past under-valuing of sexual victimization. In the “bad old days,” the law and its agents sent mixed messages about sexual violence and sexual offending. Some sexual offending was mere nuisance, some was treatable, and a fraction “deserved” punishment equivalent to other serious criminal offending. In contrast, today's sex offender punishment schemes rarely distinguish formally among gradations of harm or dangerousness. After examining incarceration trends, this article explores the historical context of the current broad brush approach and reviews the unintended consequences. Altogether, this article reinforces the need to return to differentiation among sex offenders, but differentiation based on science and on the experience-based, guided discretion of experts in law enforcement, corrections, and treatment.     

Editorial

This article concerns the problems of proportionality in the theory of punishment. The problem is how to determine whether the severity of a punishment for a criminal offense is proportional to the seriousness of that offense. The resolution to this problem proposed in the article is that, first, one understand punishment as pain or loss intentionally and openly inflicted on someone S in retaliation for something S did, by a person or agent who is at least as powerful as S, and, second, one take such retaliatory pain or loss as, within stable social groups, a means for preserving social order. Accordingly, it is argued that, on this proposal, the measure by which the severity of punishment is determined to be proportional to the seriousness of the crime for which it is inflicted is the minimal amount of pain or loss necessary to preserve social order. Sentencing policies that follow this measure, it is then observed, tend to yield less severe punishments than the policies that classical deterrence theory yields. Finally, the article offers an argument for regarding as morally more defensible sentencing policies whose goal is preserving social order than sentencing policies whose goal is that of classical deterrence theory, which is to achieve the smallest incidence of crimes consistent with not diminishing the overall welfare of society.     

The Liberal Polity,Criminal Sanction,and Civil Society

The article explores an intersection of moral psychology and political principles regarding criminal sanction. A liberal state cannot require that persons acquire certain states of character or lead certain specific kinds of lives; it cannot require virtue. Moreover, it would be wrong for the state to punish offenders in ways that damage their capacities for agency, and in ways that encourage vice. In the U.S. the terms and conditions of punishment often have deleterious effects on agential capacities, undermining the ability to reintegrate in civil society. Prison experience is often antithetical to maintaining or acquiring the dispositions of prudence, accountability, trust, and trustworthiness needed for participation in civil society, raising significant questions concerning the legitimacy of punishment.     

Childhood Adversities and Suicide Attempts: A Retrospective Study

The aim of the study was to assess the association among various childhood adversities and suicide attempts. A total of 575 patients of a psychosomatic clinic and general practitioners were examined by use of a structured interview. Seventeen percent of the sample reported a suicide attempt in the past. In particular, two forms of early violence (i.e., sexual abuse and harsh physical punishment) were associated with an increased risk for suicide attempts. In addition, financial hardship was associated with an increased risk for suicide attempts. Parental separation or divorce, and physical arguments between parents, increased the risk only in a bivariate analysis; after controlling for other adversities, no association with suicide attempts remained. Suicide attempts can be considered as an act of violence against oneself; they are associated with early experiences of sexual and physical violence.     

Bad nature, bad nurture, and testimony regarding MAOA and SLC6A4 genotyping at murder trials

Recent research-in which subjects were studied longitudinally from childhood until adulthood-has started to clarify how a child's environment and genetic makeup interact to create a violent adolescent or adult. For example, male subjects who were born with a particular allele of the monoamine oxidase A gene and also were maltreated as children had a much greater likelihood of manifesting violent antisocial behavior as adolescents and adults. Also, individuals who were born with particular alleles of the serotonin transporter gene and also experienced multiple stressful life events were more likely to manifest serious depression and suicidality. This research raises the question of whether testimony regarding a defendant's genotype, exposure to child maltreatment, and experience of unusual stress is appropriate to present during the guilt or penalty phases of criminal trials, especially when capital punishment is a consideration. The authors present their experience in genotyping criminal defendants and presenting genetic information at criminal trials.     

ASSESSMENTS OF RISK AND BEHAVIORAL EXPERIENCE: AN EXPLORATORY STUDY OF CHANGE

This study examines the relationship between assessments of the risk of punishment and self-reported involvement in three illegal behaviors in a sample of college-aged respondents. It is found that those respondents who had not yet committed a particular offense were more likely to perceive a greater certainty of punishment than those with experience in committing the offense. For two of three offenses the effect of becoming involved in offending had a more substantial impact on the perceptions of those respondents with both experience in offending and high perceived certainty of punishment than on those who had experience and less pessimistic estimates of risk Finally, a multivariate analysis of the relationship between behavioral and perceptual change reveals that each variable affects the other even when other sources of change are controlled. The importance of the findings for the deterrence doctrine are discussed.     

Systematic review of religious affiliations and beliefs as correlates of public attitudes toward capital punishment

Religious reasons are frequently described as considerations that shape support for or opposition to capital punishment; however, there are many inconsistencies in the literature. This study represents a systematic review of the extant research on religious affiliations and beliefs as correlates of public attitudes toward capital punishment. Searches conducted in five databases identified 33 articles, representing 97,570 respondents. Results revealed that people belonging to Protestant affiliations and with negative images of God were more likely to support capital punishment. People possessing positive images of God and with strong beliefs in compassion were less likely to support capital punishment. The religious correlates commonly assessed in the extant literature, such as fundamentalism, are not significant correlates of attitudes toward capital punishment. Findings also revealed that the predominance of research examined Christian religious affiliations, to the exclusion of other common affiliations, such as Buddhist or Islamic affiliations. Taken together, findings suggest that compared to affiliations, religious beliefs better explain attitudes toward capital punishment. Further research is needed to investigate the ways religious correlates influence death qualified jury selection and capital sentencing decisions. An increased understanding of the nuanced relationship between religion and capital punishment attitudes can better inform capital punishment policy and practice.