REDUCTION IN DRUNK DRIVING AS A RESPONSE TO INCREASED THREATS OF SHAME,EMBARRASSMENT, AND LEGAL SANCTIONS*

In a recent paper we proposed a strategy for incorporating threats of shame and embarrassment, along with the threat of legal sanctions, into a rational choice perspective on illegal behavior. In this paper we use that approach in an attempt to account for a reduction in self-reported drunk driving observed in a community between identical surveys conducted in 1982 and 1990. The interval between the two surveys was a period of intense legislative activity and moral crusading at the national and local levels. Our analysis indicates that the reduction in self-reported drunk driving in the community is primarily attributable to an increase in the threat of shame for this offense.     

Criminal Contemplation,National Context,and Deterrence

Using random samples of adults from three European countries rarely surveyed about crime-related issues, this study seeks to identify, with more extensive indicators than is typical, individuals who are likely to contemplate the commission of criminal acts. Then, it assesses the contextual universality of deterrence claims by estimating the deterrent effectiveness of perceived formal and informal sanctions for theft and violence among crime contemplators in Greece, Russia, and Ukraine. With criminal contemplation taken into account, our findings confirm the patterns established in past research. Whereas the threat of formal punishment shows little deterrent effect, perceptions of informal sanctions appear to influence projected crime. However, supportive findings hold only in Russia and Ukraine. Overall, it appears that the deterrent effectiveness of sanctions may be to some extent contingent on cultural or contextual characteristics.     

Legal and Extralegal Barriers to Delinquency

Recent research on deterrence has begun to couch discussions of legal sanctions in the context of broader perspectives that take account of other factors that may inhibit law violation. Such an approach can answer significant questions about the importance of legal sanctions relative to other variables. In this research, a three-variable inhibitory model suggested by Grasmick and Green (1980) was tested using panel data from a large sample of adolescents. Internalized normative constraint was found to be the strongest predictor of subsequent delinquency. However, perceptions of the risk of both formal and informal sanctions add significantly to the model's explanatory power. Interaction effects were noted that suggest sanction threats may have a compensatory effect where internal constraints are weak.     

Examining the Effects of Community-Based Sanctions on Offender Recidivism

Offenders who violate their conditions of release (parole violators) pose a threat to public safety and a unique challenge for parole officials. Historically, parole officers have simply revoked the parole of these offenders and returned them to prison; however, increases in state correctional populations have forced many jurisdictions to experiment with sanctions administered by parole officers in the community. Community‐based sanctions are sanctions administered by parole officers as consequences for noncompliance with release conditions that are ultimately intended to reduce parole violators’ odds of recidivism. Yet, the effects of these types of sanctions are still relatively unknown. Drawing from perspectives on formal and informal social control, this study involved an examination of the effect of community‐based sanctions on parole violators’ odds of recidivism. Findings revealed that formal controls such as community‐based sanctions that were applied with certainty, severity, and in a swift manner along with informal controls such as measures of offenders’ stake in conformity had effects on parole violators’ odds of recidivism and time to recidivism.     

GENDER AND CRIMINAL COURT OUTCOMES: AN HISTORICAL ANALYSIS*

Research on gender differences in criminal sanctions generally finds a pattern of more lenient outcomes for female offenders, while noting that the effect of gender varies in relation to a number of contextual influences. As yet, however, little attention has been paid to how the relationship of gender to court outcomes varies across different historical periods. This paper examines this issue, using data on male and female offenders committed to Middlesex County Jail, Ontario, during the Urban Reform Era (1871–1920). The findings reveal an overall pattern of more severe dispositions for female offenders in the past. At the same time, there is considerable variability in the impact of gender across different measures of sanction severity, various offender and offense attributes, and from the late nineteenth to the early twentieth century. The study highlights the need for research in this area to be sensitive to the historically specific nature of the relations among gender roles, formal and informal control mechanisms, and criminal sanctions.     

INCENTIVES FOR COLLECTIVE DEVIANCE: GROUP SIZE AND CHANGES IN PERCEIVED RISK,COST, AND REWARD*

Research has demonstrated that the presence of others shifts decision‐making about risky/deviant behavior. One reason for this shift could be changes in the anticipated experience of formal sanctions, informal costs, and rewards. To investigate this possibility, this study conducted two randomized controlled trials with hypothetical vignettes, in which a range of how many other people were also involved in the criminal act defined the treatment conditions. Across two samples of university students (Ns = 396 and 263), the results revealed that as the size of the involved group increased, the anticipated experience of sanction risk and several informal social costs associated with engaging in the act decreased, and the anticipated experience of two rewards increased. Additional analyses suggest that, with one exception in each data set, these changes are not only tied to the solo/group distinction.     

When Formal Sanctions Encourage Violent Offending: How Violent Peers and Violent Codes Undermine Deterrence

Research focusing on deterrence has stressed the negative relationship between perceived formal sanctions and criminal behavior, ignoring the possibility that in some populations formal sanctions may serve to increase offending under some conditions. Utilizing a sample of 300 homeless street youths, the study explores if violent peers, violent values, and the culture of the street moderates the association between perceived legal sanctions and violent offending. The results suggest that violent peers, violent values, and the culture of the street condition the perceived certainty of punishment so that it leads to higher levels of violence. Further, the culture of the street conditions the relationship between perceived severity of punishment and violence. Theoretical and policy implications are discussed.     

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.     

DISCERNING UNFAIRNESS WHERE OTHERS MAY NOT: LOW SELF-CONTROL AND UNFAIR SANCTION PERCEPTIONS

Criminologists have long recognized that whether one perceives a sanction as fair or unfair influences the deterrent success of sanctions and the legitimacy afforded to legal authority. Unfortunately, although several scholars have claimed that individual characteristics influence how sanctions are interpreted, very little research has explored the individual factors that influence how one perceives sanctions to be fair/unfair. In this study, we take Gottfredson and Hirschi's notion of self-control and use it to explain, in part, whether an individual perceives a sanction as fair/unfair. We also examine how sanction perceptions and low self-control influence the perceived anger that may result from being singled out for sanctioning and whether self-control conditions the relationship between perceptions and anger. Our results suggest that individuals with low self-control are more likely to perceive sanctions as unfair, that unfair sanctions and low self-control lead to perceived anger for being singled out for punishment and that self-control conditions the effect of unfair sanction perceptions on perceived anger. Future directions are outlined.     

LEVELS OF SOCIAL INTEGRATION IN GROUP CONTEXTS AND THE EFFECTS OF INFORMAL SANCTION THREAT ON DEVIANCE*

Contextual data from a unique study (Notre Dame Study of Catholic Parish Life) are used to test multilevel models predicting three types of deviance ranging from excessive drinking to tax evasion. Measures representing informal sanction threat and aggregate-level social integration as well as the interaction of these variables displayed the net effects that were predicted only for those types of deviance that appear to be less impulsive. In general, the deterrent effects of informal sanctions were found to be strongest in communities characterized by high levels of social integration.     

When Do We Think About Detection? Structural Opportunity and Taxpaying Behavior

Past studies have generally found that perceptions of the likelihood of formal and informal sanctions have lower explanatory power of noncompliance with laws than do internalized norms. Using data from two telephone surveys, we examined a situational characteristic, structural opportunity, that may prod individuals to think about the likelihood of detection from the Internal Revenue Service for underreporting income. Structural opportunity is the degree to which an individual's economic or social situation provides ways to avoid detection. Individuals with high structural opportunity perceived a lower likelihood of IRS detection and indicated that they were less likely to feel guilty if they engaged in tax cheating. Our data also suggested that some individuals with high structural opportunity may be in social networks which condone tax cheating. As expected, structural opportunity provided a condition under which individuals took into consideration the perceived likelihood of formal and informal detection in formulating intentions to engage in tax cheating. Our findings suggest that an examination of the interaction between situational and individual characteristics will provide a more complete understanding of decisions to engage in illegal behavior. Implications for deterrence theory are discussed.     

Formal and informal control views in China,Japan, and the U.S.

Purpose

This study compared and contrasted the views of formal and informal crime control among college students from China, Japan, and the U.S., and examined the correlates behind the views.

Methods

Using the same questionnaire, this study collected data from 1,275 completed surveys in the three nations.

Results

The study revealed that both Chinese and Japanese respondents evaluated formal and informal control and their combination in crime control as more important than American counterparts did. The variable trust in police was a predictor of attitudes toward formal control and the mix of formal and informal control in all the three nations. Demographics in the U.S. were more important factors than in China and Japan in predicting the respondents' ranking of the importance of formal control and informal control and their combination in crime control.

Conclusions

This is the first empirically comparative study of the perceived importance of formal and informal mechanisms in crime prevention and control in China, Japan and the U.S. The study found both similarities and differences in the perceived importance and reasons behind them. More research is needed in the future.     

我国当前民间借贷的特点、问题及其法律对策

我国当前民间借贷市场已经进入高级阶段,资金供需两旺,并具有迅速走红网络经济的发展趋势。然而,民间借贷相关立法滞后,市场监管缺位,司法主导突出,整个市场呈现出产生发展的内生化、投资主体的多元化、交易形式的电子化、法律规则的零散化、法律地位的尴尬化以及裁判结果依赖指导性解释等特征。民间借贷组织的主体地位问题、民间借贷合同的效力认定问题、民间借贷利率的法律管制问题、网络借贷平台的风险控制问题以及民间借贷交易的信息监测问题等日益突出,加强监管立法和监管机构主动执法,依法规范民间借贷行为,严厉打击高利贷,已成为金融生态建设中民间借贷法律规制的必然选择。     

The Social Norms of Waiting in Line

This article examines the rules and practices of waiting in line as a system of informal order, showing that despite its reputation for drudgery, the queue offers rich insights about social norms and the psychology of cooperation. The article begins by investigating the implicit customs of physical waiting in line, uncovering the surprisingly complex unwritten rules (and exceptions) that give queues stability even in the absence of legal governance or state enforcement. Yet the prevailing norms literature typically explains informal order by reference to close‐knit groups that can impose sanctions on violators of extralegal rules. This raises a puzzle: Why do queue norms repeatedly produce informal, yet reliable, order among total strangers unlikely to interact again? This article answers this question by looking to social‐psychological research showing that people tend to be strong reciprocators rather than selfish utility maximizers. This model makes sense of both our tendency to defer to line norms as well as the disproportionate sanctions with which defectors from these norms meet.     

Perceived Sanction Threats and Projective Risk Sensitivity: Auto Theft,Carjacking, and the Channeling Effect

Although sanction threats promote fear, among committed offenders, that fear can become a resource with which to sculpt emerging crime preferences. In such cases, criminality is not deterred but channeled. We explore the channeling process here as it relates to auto theft and carjacking. Our qualitative findings reveal that auto thieves are reluctant to embrace the violence of carjacking due to concerns over sanction threat severity they attributed to carjacking—both formal (higher sentences) and informal (victim resistance and retaliation). Meanwhile, the carjackers are reticent to enact auto theft because of the more uncertain and putatively greater risk of being surprised by victims, a fear that appears to overcome the enhanced long-term formal penalty of taking a vehicle by force. We examine the implications of offenders’ decision-making for the analytic intersection of rational choice and deterrence, offering the notion of projective risk sensitivity to encapsulate the process.     

MANAGING RETALIATION: DRUG ROBBERY AND INFORMAL SANCTION THREATS*

The notion that informal sanction threats influence criminal decision‐making is perhaps the most important contribution to neoclassical theory in the past 15 years. Notably absent from this contribution is an examination of the ways in which the risk of victim retaliation—arguably, the ultimate informal sanction—mediates the process. The present article addresses this gap, examining how active drug robbers (individuals who take money and drugs from dealers by force or threat of force) perceive and respond to the risk of victim retaliation in real‐life settings and circumstances. The data's theoretical implications for deterrence and violence contagions are explored. Data were drawn from in‐depth interviews with 25 currently active drug robbers recruited from the streets of St. Louis, Missouri.     

For Better or Worse? Gender and Perceptions of Formal and Informal Justice Systems in Afghanistan

We draw on survey data from a national probability sample of 6,406 Afghan adults (aged 18 years and older) to explore gender differences in the perceptions of formal and informal justice systems. The study utilizes binary logistic regression to probe whether men and women differ in their attitudes and the extent to which other factors may mediate both within– and across–ethnic group differences. We find that women have more confidence in the formal system than their male counterparts, whereas the opposite is true for the informal system. The scholarly and policy implications of these results are discussed.     

Labeling effects of initial juvenile justice system processing decision on youth interpersonal ties*

The juvenile justice system can process youth in myriad ways. Youth who are formally processed, relative to being informally processed, may experience more public and harsh sanctions that label youth more negatively as “deviant.” Drawing on labeling theory, the current study evaluates the relative effect of formal justice system processing on the interpersonal dynamics of youth peer networks. Using data from the Crossroads Study, a multisite longitudinal sample of first-time adolescent offenders, the current study applies augmented inverse probability weighting and generalized mixed-effects models to estimate the effects of formal processing on friendship selection processes of homophily and withdrawal and considers whether these effects vary by race and ethnicity. Consistent with expectations of homophily, formally processed youth acquire more new deviant peers and fewer nondeviant peers during the 3 years after their initial processing decision compared with informally processed youth. The findings suggest no differences exist across processing types in withdrawal from friends. These effects were consistent across racial and ethnic groups. Ultimately, this study explores the dynamic interpersonal mechanisms associated with labeling theory and offers additional insight into the negative effects of formal processing.     

Regulating Legal Misconduct in the Commonwealth of Virginia

Abstract

This research reviews malfeasance committed by legal actors in Virginia over a four-year time period, and examines the corresponding sanctions imposed on them. The inquiry entails the review of disciplinary cases reviewed by the Virginia State Bar. These cases cover a vast spectrum of misconduct ranging from those seemingly venial to those that are flagrantly criminal. The sanctions imposed are examined as well as the reasons for the sanctions. Further, the study examines if rates of misconduct and severity of sanctions vary by gender. Implications that arise from the study are also discussed.     

NEIGHBORHOOD SOCIAL CONTROL AND PERCEPTIONS OF CRIME AND DISORDER IN CONTEMPORARY URBAN CHINA*

By drawing on the two streams of Western literature on “neighborhood effects” and perceptions of neighborhood disorder adapted to the distinctive organizational infrastructure of neighborhoods in contemporary urban China, we examine the contextual effects of different forms of neighborhood social control (i.e., collective efficacy, semipublic control, public control, and market‐based control) on different types of perceived disorder (i.e., criminal activity, social disorder, physical disorder, and total disorder) across neighborhoods. The analyses are based on data collected in the year 2013 from a survey of approximately 2,500 households in 50 neighborhoods across the city of Tianjin. Collective efficacy as a form of informal control has a significant effect only for perceived social disorder. Public control as measured by the activities of neighborhood police stations has a significant contextual effect on all forms of perceived disorder, whereas the role of market‐based control as represented by contracted community services is limited to perceived physical disorder. Finally, semipublic control as measured by the activities of neighborhood committees significantly affects all forms of perceived disorder, but the direction of the effect is positive. We interpret this positive effect with reference to the complex processes surrounding the “translation” of neighborhood disorderly conditions into perceptions of disorder.