Supervision Intensity and Parole Outcomes: A Competing Risks Approach to Criminal and Technical Parole Violations

Recent scholarship about parole supervision indicates that higher supervision intensity is associated with an increased risk of parole violations. However, parole violations can take many forms—some minor and some serious—and theory suggests that supervision intensity might have differential effects depending upon the type of violation. We use “competing risks” survival models to identify supervision effects on five types of parole violations among 79,082 individuals released from prison in California: absconding, technical violations, drug use, violent offenses, and sexual offenses. We find that supervision effects are strongest for absconding violations. Past sexual offending also triggers significant supervision effects for technical violations, drug use violations, and violent violations. We conclude that parole violation patterns are influenced by parolee behaviors, the amount of attention the state is paying to those behaviors, and official markers of criminal dangerousness that are attached to particular parolees.     

Intimate Partner Violence: The Role of Suspect Gender in Prosecutorial Decision‐Making

Utilizing a sample of 8,461 cases involving heterosexual intimate partner violence, this paper examines the role of suspect gender in prosecutorial decision‐making. Four decision points are assessed: the decision to file charges (versus rejection for insufficient evidence); to file as a felony (versus a misdemeanor or probation violation); to dismiss for insufficient evidence (versus full prosecution); and to reduce felony charges to a misdemeanor or violation of probation. Suspect gender was found to be statistically significant in relation to all four outcomes in favoring female over male suspects. Numerous interaction effects were observed between gender and measures of prior arrest and offense severity in particular, suggesting that prosecutors distinguish between male and female suspects across these variables. We suggest that these data provide some support for recent qualitative research suggesting that court personnel are responsive to the gendered asymmetry of intimate partner violence, and may view female intimate violence perpetrators more as victims than offenders.     

Short‐Term Effects of Sanctioning Reform on Parole Officers' Revocation Decisions

Parole officials have traditionally been afforded considerable discretion when making sanctioning decisions to be able to tailor sanctions according to substantively rational concerns such as individuals' unique needs and situations. However, the application of substantive rationality in sanctioning can also generate unwanted disparities because sanctioning decisions may be based on extralegal factors that parole officials consider relevant. Concerns regarding disparate treatment of offender groups have prompted a number of states to consider adopting administrative violation response policies that emphasize formal rationality and uniformity by restricting parole officers' discretion and structuring sanctioning decisions according to legally relevant criteria. By emphasizing formal rationality in sanctioning, structured sanction policies present a dilemma for parole officers—uniformity versus individualized treatment. In 2005, the state of Ohio implemented an administrative violation response policy designed to reduce parole officers' reliance on revocation hearings and promote uniformity in sanctioning decisions. This study involved an examination of whether Ohio's shift to structured sanctioning coincided with differences in legal and extralegal effects on parole officers' decisions to pursue revocation hearings. Analyses of data collected before and after the implementation of the policy revealed a reduction in the number of revocation hearings officers pursued. Only modest increases in uniformity were observed, however, because there was little disparity resulting from officers' hearing decisions before the policy was put in place. These findings are discussed within perspectives on justice system actors' decision making.     

DETERRING CORPORATE CRIME*

Using event history analysis, we examine the recidivism patterns of a sample of 38 corporations charged with one or more serious antitrust violations between 1928 and 1981 to see whether sanction experience decreases the likelihood of a firm's reoffending. Specifically, we analyze the effects of procedure type (e.g., civil, criminal, and administrative redress) and proxy measures of corporate deterrence while controlling for changes in antitrust law and the economic conditions of the firm, industry, and general economy. Though not robust, there is some evidence that past guilty verdicts and changes in penalties for lawbreaking from misdemeanors to felonies inhibit recidivism. We note, however, that industry characteristics are stronger by far in their effects on future illegality than formal sanction risk or consequence. The implications of these findings for organizational deterrence and corporate crime control are discussed.     

Low-Level,but High Speed?: Assessing Pretrial Detention Effects on the Timing and Content of Misdemeanor versus Felony Guilty Pleas

Abstract

While numerous studies have examined pretrial detention and felony case outcomes, little empirical attention has been devoted to misdemeanor pretrial detention. We theorize that misdemeanants detained for a longer proportion of time will plead guilty quicker because the costs of fighting their charges in jail often outweigh the sanctions they face. Utilizing data on 165,630 felony and misdemeanor cases from Miami-Dade County, Florida, during a 4-year period (2012–2015) we assess whether the effects of pretrial detention length on the timing and content of guilty pleas differ across lower-level and upper-level courts. Survival analyses and multinomial logistic regressions indicate that misdemeanor cases overall and those involving lengthier pretrial detention are resolved faster, with most resulting in non-carceral sanctions such as credit for time served (CTS). Given that misdemeanors make-up the bulk of U.S. criminal cases, these findings reveal important insights about how pretrial detention impacts case-processing dynamics in lower courts.     

Improving court-appearance rates through court-date reminder phone calls

Without a defendant’s appearance in court, the adjudication of criminal charges cannot proceed. The low defendant court appearance rates of Lafayette Parish, Louisiana were identified as a high priority to address. A pilot project was implemented, in which, Lafayette Parish Sheriff’s Office (LPSO) Information Officers would call defendants approximately 5–9 days before their pretrial court appearance. This process began in September 2014. LPSO staff attempted to call all non-incarcerated or diverted defendants with known contact information. LPSO staff documented when calls were made and the type of response (spoke to defendant, left a voicemail, no answer, inoperable phone or spoke to friend or family member). Calls were made to defendants with court appearances in arraignment hearings, misdemeanor pretrial and trial, felony pretrial and traffic court. Court appearance rates for all court hearings increased from 48 to 62%.     

Client abilities to assist counsel and make decisions in criminal cases

Three studies of attorney-client decision making were conducted in a public defender office. In studies 1 and 2 a structured interview was used to debrief attorneys regarding clients' participation in their cases. Study 1 examined a sample of 200 felony and misdemeanor cases selected prospectively and resolved by any means (92.5% by plea); study 2 examined 200 felony and misdemeanor cases resolved by trial. Study 3 involved debriefing both attroneys and clients regarding perceptions of client participation in 35 recently closed felony cases. Attorneys doubted the competence of 8%–15% of clients charged with felonies and 3%–8% of clients charged with misdemeanors. In cases involving clients of doubted competence, attorneys often responded by means other than referral to mental health professionals for competence evaluations. As compared with clients whose competence was presumed, attorneys tended to view clients whose competence was doubted as less helpful and as less actively involved in their cases, but as actively involved in making key decisions. Defendants' perceptions appeared to be roughly consistent with attorneys' perceptions, allaying concerns that attorneys' reports may be distorted in order to conform to expected norms.     

Felony and misdemeanor defendants filed in the u.s. district courts during fiscal years 1990–95: An analysis of the filings of each offense level

The number of criminal defendants in cases filed in the federal courts increased by fewer than 1,000 from 1990 to 1995. Separate analyses of filings of felony and misdemeanor defendants revealed that there are different factors that influence the magnitude of the caseload of each offense level. The number of federal felony filings is strongly linked to staffing levels within the ninety-four U.S. attorneys’ offices, while the types of filings are a reflection of prosecution priorities. As a result, the magnitude of the felony caseload in the federal courts does not mirror either local or national crime rates. Misdemeanor filings, on the other hand, are dependent on enforcement practices of local authorities at military bases and/or national parks, and are concentrated within a few federal courts. The number of misdemeanor filings and traffic violations, in particular, are susceptible to dramatic changes when these local authorities modify their enforcement procedures.     

SUPERVISION REGIMES,RISK, AND OFFICIAL REACTIONS TO PAROLEE DEVIANCE*

Parolee deviance has emerged as a central issue in policy debates about crime and punishment in American society as well as in scholarship on “mass incarceration.” Although the prevailing approach to studying parolees conceives of parole violations as outcomes of individual propensities toward criminal behavior (i.e., criminogenic risk), we consider how indicators of individual risk and characteristics of formal social control systems combine to account for reported parole violations. Using data on California parolees, we examine the effects of parolees’ personal characteristics, their criminal histories, and the social organization of supervision on parole violations. We advance the notion of a “supervision regime”—a legal and organizational structure that shapes the detection and reporting of parolee deviance. Three components of a supervision regime are explored: 1) the intensity of supervision, 2) the capacity of the regime to detect parolee deviance, and 3) the tolerance of parole officials for parolee deviance. We find that personal characteristics and offense histories are predictive of parole violations. However, we also find that introducing supervision factors reduces the effects of offense history variables on violation risk, suggesting that the violation risks of serious, violent, and sexual offenders are partially explainable through the heightened supervision to which they are subject. In addition, we find that supervision intensity and tolerance are generally predictive of violation risk. Capacity effects are present but weak. We conclude with a discussion of how the supervision regimes concept illuminates the gap between macro‐ and micro‐analyses of social control.     

Successful Restitution as a Predictor of Juvenile Recidivism

Abstract This is an evaluative study of a juvenile probationary project in which youth are ordered to pay restitution as a term of probation and, to assure them means of compliance, the juvenile court arranges for and supplies their employment. Demographic variables (age and sex) and court-related variables (plea, length of probation, amount of restitution ordered, and amount and proportion actually paid) are examined in relation to one another and, most important, in relation to recidivism as measured by subsequent law violations for which the offender was investigated, and subsequent law violations that resulted in formal charges against the youth. The data demonstrate that recidivism is related to severity of the initial offense, but more important, it is related to the youth's success in achieving the restitution goal. Successful compliance with the restitution order, when success is measured by amount of restitution paid relative to the amount ordered by the court, is significantly related to revocation of probation, time given to pay, amount ordered to be paid, and subsequent offenses charged. Indeed, the proportion of restitution paid is the most important predictor of recidivism. The data reinforce the dominant legislative position that an offender's ability to pay must be taken into account in ordering restitution.     

Gender and Justice in the Progressive Era: An Investigation of Saint Louis Juvenile Court Cases, 1909–1912

There is increased interest in the history of the juvenile court and its role in the social control of youth. In this context, feminist scholars have emphasized the long‐standing legacy of the court's attempt to control girls' violations of gender images, particularly sexual behavior and status offenses. This perspective argues that girls are penalized more harshly than boys, despite being charged with less serious offenses. The present study tests hypotheses about the relationships between gender and charge, prehearing detention, and disposition using St. Louis juvenile court records for the years 1909–1912. Qualitative content analysis is used to probe more deeply the connection between gender and sexually based charges in the early history of the St. Louis juvenile court. Findings indicate that girls were subject to harsher forms of social control than boys, despite less serious charges, and that sexual behavior was described and treated much differently in girls' records than in boys'. Connections to contemporary practices are delineated.     

Charge reduction: An analysis of prosecutorial discretion in burglary and robbery cases

Although a substantial number of researchers have studied charge reductions taking place within the context of guilty plea negotiations, few have focused on estimating the determinants of charge reductions taking place at the initial screening decision. The prosecutor's decision to reduce original felony charges to a misdemeanor has serious social, legal, and economic consequences for the suspect. This paper presents a model of the variables affecting the likelihood of such a reduction in burglary and robbery offenses. Drawing from Littrell's principled charging perspective and earlier research on labeling, the analysis involves estimating logistic regression equations specifying both main and interaction effects of the suspect's gender and race and variables related to suspect character, case seriousness, and legal seriousness. Partial support is found for Littrell's perspective.     

中国危害社会行为二元界分理论及其缺陷

中国公安机关在调查违法犯罪行为时经常发生“两栖案件”现象，即涉案行为在治安违法与刑事犯罪两者之间难以界分，导致在立案环节既可能被受理为治安案件，也可能被立为刑事案件，或者在调查程序申，发生改变案件类型和处理程序的情况。在案件处理结果上，也存在着治安处罚、刑事处罚或劳动教养几种可能性。“两栖案件”的产生缘于中国法制将本质相同的危害社会行为政策性地二元界分为治安违法和刑事犯罪，这种二元界分法存在诸多违背法学理论或法律原则的缺陷，也导致现实中的执法障碍。立法部门和理论研究者应当反思这种制度设计。     

我国刑法中轻罪与重罪若干问题研究

我国刑法中轻罪与重罪的划分,仅指轻罪行与重罪行的划分。在学术界关于区分轻罪和重罪的四种观点中,以一定法定刑为标准认定罪行的轻重具有充分的依据。认定轻罪和重罪法定刑的分界线当以有期徒刑3年为限,即凡法定最低刑为3年或3年以上有期徒刑的罪行都是重罪,反之便是轻罪。我国刑法存在若干轻罪与重罪界限不明的条文,需调整其罪刑关系。犯罪的未完成形态只存在于重罪之中。     

Examining the relationship between school suspensions/expulsions and felonies

This paper examines the suspensions and expulsions of students. Using individual student pupil (rather than incident) data, this research examines whether these rates are driven by a few high-volume offenders and whether high-volume offenders become felons. This study uses the number of students at three levels of violations: 0 offenses, 1–3 offenses, and four or more offenses. The authors also examined the relationship between the three groups of violators and committing a felony as a juvenile. The number of offenses per student ranged from 0 to 31. Findings indicated that those with 0 school infractions had no felonies, while the other two groups of violators 1–3 and four or more had a similar numbers of felonies. Implications for developmental models of delinquency are discussed.     

“Good moral characters”: how drug felons are impacted under state marijuana legalization laws

This article examines how drug felons will be impacted by marijuana legalization in the United States. What will happen to drug felons whose charges would be legal under current law? Can drug felons work in the newly developing legal marijuana industries? In this article we will overview the statistics on arrests and convictions with their high rates of racial disparities. The war on drugs has inspired the development of more repressive criminal justice tactics such as asset forfeiture, high rates of re-incarceration during parole for marijuana violations, drug courts and their further reach into lifestyles, and the difficulties of prisoner reentry, especially for drug felons, who are barred from many jobs and social services. We will look at the regulations of felony offenders working in the cannabis industry. And we will consider the outcomes of retroactive ameliorative relief for this case of marijuana possession felonies under legalization.     

Why People are Committed to Human Rights and Still Tolerate Their Violation: A Contextual Analysis of the Principle–Application Gap

We report results from two experimental studies that show a large gap between support for general principles contained in the Universal Declaration of Human Rights and denunciation of concrete violations of these principles. Participants in both studies read different scenarios involving human rights violations committed by various authorities in Western contexts. In all situations, attributes or actions of the victims could be used to justify the violations. Participants indicated their level of support for each human right and the unacceptability of violations of it. A dual principle was found to organize positioning towards the violations: participants with a rights-based orientation denounced the violation independently of the victims attributes, whereas context-oriented respondents relied on the perceived deservingness of victims and considered the violation a just sanction of an unacceptable act. Judgmental differences were moderated by the situational context and participants extent of agreement with human rights.     

Designed to fail: Self-control and involvement in the criminal justice system

This study investigates self-control theory using official and selfreported criminal records of 500 adult offenders. Four items derived from rapsheets (aliases, date of birth, place of birth, and social security number) are used as indicators of the self-control construct. Negative binomial regression models indicate a significant inverse relationship between self-control and escape arrests, failure to appear violations, probation and parole violations, felony convictions, and prison sentences. Since system involvement entails discipline, tenacity, and responsibility, offenders with low self-control are more likely to experience a criminal justice system failure.