RESIDENTIAL CHANGE AS A TURNING POINT IN THE LIFE COURSE OF CRIME: DESISTANCE OR TEMPORARY CESSATION?*

Many former prisoners return home to the same residential environment, with the same criminal opportunities and criminal peers, where they resided before incarceration. If the path to desistance from crime largely requires knifing off from past situations and establishing a new set of routine activities, then returning to one's old environment and routines may drastically limit an ex‐prisoner's already dismal chances of desisting from crime. This study tests these ideas by examining how forced residential migration caused by Hurricane Katrina affected the likelihood of reincarceration among a sample of ex‐prisoners originally from New Orleans, LA. Property damage from the hurricane induced some ex‐prisoners who otherwise would have moved back to their former neighborhoods to move to new neighborhoods. Findings from an instrumental variables survival analysis reveal that those parolees who moved to a new parish following release were substantially less likely to be reincarcerated during the first 3 years after release than those ex‐offenders who moved back to the parish where they were originally convicted. Moreover, at no point in the 3‐year time period was the hazard of reincarceration greater for those parolees who moved than for those who returned to the same parish.     

Inhumane,cruel, and degrading treatment of criminal prisoners throughout the world

Recent international policy has focused on assuring the human rights of criminal prisoners. Because of the difficulty and cost of comparative research, little is known about the success of these efforts. In this study, by utilizing a secondary data source, we are able to examine various indicators of inhumane and cruel practices in 155 nations. Substandard conditions and violations of basic human rights are found in over one-half of the nations. The levels of economic development, religion, and political structure are found to be related to a nation's prison practices.     

“What He Did Was Lawful”: Divorce Litigation and Gender Inequality in China

Sociolegal research has shed considerable light on gender inequality in the civil justice system. Existing research, however, rarely looks beyond court proceedings to examine gender inequality stemming from the prior stages in civil litigation. This article fills the gap by addressing the question of whether and how the early moments in disputing produce inequality between women and men. Based on a mixed‐methods study of divorce litigation in China, I identify two critical moments in the early stages in disputing: the initiation stage and the suit‐filing stage. Findings from the two stages indicate that, early on in disputing, the legal profession routinely dismisses and violates women's rights in marriage and family. Moreover, due to the legal profession's failure to convert important rights on the books into formal claims, women's marital grievances and rights claims fall through cracks long before they can enter court proceedings. These findings suggest that gender inequality can result not only from judicial decision making, but also from dispute processing conducted prior to—and outside of—court proceedings.     

Criminological verstehen: Inside the immediacy of crime

Many past and present studies in criminology have developed out of engaged and often illegal field research—that is, field research in which the researcher of necessity crosses over into the world of criminality. Contemporary reevaluations of methodology, and specifically the role of the researcher in the research process, provide a framework for exploring anew the implications of such field research. In addition, a variety of contemporary criminological studies highlight the importance of the meanings and emotions that emerge inside criminal events, and thus confirm the need for methodologies that can situate researchers to some degree inside illegality. Drawing on Weber's notion of verstehen, this essay proposes one such situated methodology: criminological verstehen. It concludes by suggesting broader applications of this methodology in present and future criminal and criminal justice research situations.     

Bilateral Investment Treaties,Credible Commitment,and the Rule of (International) Law: Do BITs Promote Foreign Direct Investment?

A long line of research, beginning with Macaulay's (1963) well‐known study of “Non‐Contractual Relations in Business,” suggests that the formal trappings of domestic law often have effects on private behavior that are, at best, “indirect, subtle, and ambiguous” ( Macaulay 1984 :155). Law and society scholars have spent somewhat less time exploring whether international law's effects on behavior are similarly attenuated. In this article I examine whether foreign investors take the presence of strong formal international legal protections into account when deciding where to invest. I focus on whether the presence of bilateral investment treaties, or BITs, meaningfully influences investment decisions. I present results from a statistical analysis that examines whether the formally strongest BITs—those that guarantee investors access to international arbitration to enforce investors' international legal rights—are associated with greater investment flows. I find no clear link between treaty protections and investment, a finding consistent with past law and society research but in tension with claims common in the BIT literature that the treaties should have dramatic effects on investor behavior.     

Race,the Economic Maturity Gap,and Criminal Offending in Young Adulthood

While research has documented that racial and ethnic groups are differentially involved in juvenile and adult crime, little research has examined whether economic and employment well‐being can explain Black and White adolescents' persistence in criminal activity into young adulthood. One potential explanation emerges from Moffitt, who posits an economic maturity gap to explain Blacks' greater persistence in offending in young adulthood. To evaluate this hypothesis, we draw on three waves of data available in the National Longitudinal Survey of Adolescent Health to examine whether economic and employment well‐being in young adulthood can account for the racial gap, and persistence in offending. Findings are consistent with Moffitt's hypothesis and indicate that economic and employment well‐being in young adulthood explain Blacks' greater involvement in criminal and violent offending in young adulthood. In addition, results indicate that the greater tendency of Blacks, compared to Whites, to persist in violent offending is also driven by the reduced economic and employment well‐being that Blacks face in young adulthood.     

The Effect of Racial Inequality on Black Male Recidivism

Macrostructural opportunity theorists posit that the unequal distribution of economic resources across racial groups promotes animosities among disadvantaged minorities, disrupts community integration, and fosters criminal activity. Guided by this framework, we hypothesize that Black ex‐prisoners who reenter communities with high levels of racial inequality are more likely to commit new crimes. Support for this argument is found for a large group of males (N = 34,868) released from state prisons to 62 counties in Florida over a 2‐year period. We also find evidence that racial inequality amplifies the adverse effects of person‐level risk factors on recidivism for Black ex‐inmates. In comparison, the effect of inequality on White male recidivism is far less meaningful. These findings underscore the need for researchers to consider social context when studying recidivism among Black males, and also support the efforts of correctional reformers who advocate for state resources to assist prisoner reentry.     

Blood and bone: body mass,gender and health inequality in nineteenth-century British families

In mid-nineteenth-century Britain, a new institution emerged: the modern prison. Some prisons invested in scales. Upon entry, prisoners were measured and personal details documented. These meticulously compiled records afford a new vantage point from which we can peer into the dynamics of the household. Body measurements – height, weight, and body mass (weight adjusted for height) – connect to both patterns of consumption and health risk. Prison data thus speak to both gender and health inequality in the past. The paper juxtaposes a service economy (Wandsworth near London) with a modern manufacturing sector (Paisley near Glasgow) in order to contrast how economic form and opportunities in the market sector shaped relations and outcomes in the household sector. We find that families bargained over the allocation of resources; that bargaining position was influenced by economic value, mediated by maternal sacrifice; that this was an earner bias rather than gender bias; and that new industrial work for women and children supported a more egalitarian distribution that improved everyone's health status via superior heights and heavier weights. We examine Irish immigrants to assess cultural differences in family behaviour. Finally, the paper offers, for the first time, a detailed interpolation of Waaler's health risk for women.     

Trust,Distrust and Reassurance: Diversion and Preventive Orders Through the Prism of Feindstrafrecht

This article considers Günther Jakobs' controversial theory of ‘the criminal law of the enemy’ (Feindstrafrecht). Taking an interpretive perspective that is anchored in social theory, rather than normative principles, the article traces the implications of Jakobs' central claims concerning trust relations in society as mediated by the criminal law and endeavours to articulate their relevance for English law, particularly as regards the growing role of diversion and preventive orders in criminal justice. It identifies the various ways in which these current alternatives to the criminal sanctioning process link with neo‐liberal technologies of government by connecting Jakobs' thoughts on trust with key themes in the Foucauldian governmentality literature and recent research on the ascent of auditing as a meta‐regulatory mechanism.     

Offenders as victims: post-traumatic stress disorder and substance use disorder among male prisoners

Background: Comorbid substance use disorder(s) and post-traumatic stress disorder (SUD-PTSD) is common among prisoners and linked to an increased risk of criminal recidivism; however, little is known about the characteristics of prisoners with this comorbidity. Aim: This study provides a preliminary examination of the clinical and criminal profile of male inmates with symptoms of SUD-PTSD, and examines whether this profile differs according to whether a person has experienced a trauma while in prison. Methods: Thirty male inmates from two correctional centres in Sydney, Australia, were recruited and assessed using a structured interview. Results: The sample reported extensive criminal, substance use and trauma histories. A history of substance dependence was almost universal (90%) and 56.7% met diagnostic criteria for PTSD with the remainder experiencing sub-threshold symptoms. Forty-three per cent reported a traumatic event while in prison. Those who had experienced trauma in prison, compared to those who had not, were more likely to nominate heroin as their main drug of concern and to be receiving drug treatment in prison. There was also a trend toward inmates who had experienced a trauma in prison being more likely than inmates who had no prison trauma to have experienced a physical assault. Conclusion: Male prisoners with SUD-PTSD are a high-needs group yet treatment responses are poor. Further research examining treatment options for this comorbidity may improve prisoner well-being and reduce recidivism.     

POLITICAL CRIME, POLITICAL JUST1CE, AND POLITICAL PRISONERS

Few attempts have previously been made systematically to define or interrelate the concepts of political crime, political criminal, political justice, and political prisoner. To establish a more adequate conceptual base for research, political crime and political criminals are herein defined in terms of motiwtions underlying criminal acts, regardless of the nature of the acts themselves; political justice is defined in terms of the state's reaction to perceived threat; and political prisoners are defined as those incarcerated because of either political crime (politico1 criminals) or political justice (victims of repression). Dimensions for a taxonomy of political crime are suggested.     

Facing Your Criminal Record: Expungement and the Collateral Problem of Wrongfully Represented Self

While substantial sociolegal research has analyzed the deleterious effects of criminal records on life outcomes, little has examined the records themselves, or their relationship to the people they represent. In this article I take a novel tact, treating criminal records as the material, textual documentations of an individual's past. I then observe expungement seekers—people who encounter their own records—to understand their reactions. From this data, I use inductive theories of symbolic interactionism to theorize another collateral effect of the criminal record: it represents people in ways that depersonalize their social identities, and prevents them from communicating corrective self‐understandings to the governing bodies that author the records. I conclude with my main theoretical contribution: “having a criminal record,” literally, means having a textual proxy that the state has authored on its own terms, without input from the people whom it permanently represents, and while concealing from those people the apparatus behind authorship. As a consequence, the criminal records system serves as a barrier to reciprocal communication between ex‐arrestees and a legal system that represents them in ways that they may want to contest. This “wrongful representation” is a collateral effect of having a criminal record that impedes the ability of ex‐arrestees to manage or repair their relationship with the state that has punished them.     

A cross-sectional study on expression of anger and factors associated with criminal recidivism in prisoners with prior offences

Objective: The purpose of this study is to determine demographical characteristics leading to crime recidivism and define anger levels and anger expression manners for those who re-commit crime.Method: All the literate inmates in zmit Closed Penitentiary were included in this cross-sectional study. The prisoners were asked to respond to State-Trait Anger Expression Inventory. Their socio-demographic data were collected and a questionnaire was given to them to determine their state of imprisonment, sentence, nature of the crime in which they were involved, their criminal history, their relationship with inmates and prison staff and substance and alcohol use.Results: Of the 438 prisoners, 302 (68.9%) responded to the questionnaires. Crime recidivism among the study cohort was observed to be 37.4%.Mean trait anger, anger out and anger in scores were significantly higher in prisoners with criminal recidivism in comparison with those who did not have prior criminal records. However, mean anger control scores for prisoners with or without criminal recidivism were similar. Unemployment, education level completed at secondary school or below, having committed a crime under the influence of alcohol or narcotics, having been involved in prison fights, having resisted police officers, caused damage in their vicinity when angry and violent crimes were all found to be possible causes of criminal recidivism. Educational level completed at secondary school or below, getting into fights with other prisoners, unemployment and resisting police officers were determined to be the strongest indicators to predict criminal recidivism when all variables were considered according to a logistic regression model.Conclusion: It can be proposed that those who have problems with officials or hostile towards others constitute a risk group for criminal recidivism. If prisoners with criminal recidivism can be helped to identify and control their anger, their risk of committing a new crime can be minimised.     

Professionalizing Prison: Primitive Professionalization and the Administrative Defense of Eastern State Penitentiary, 1829–1879

This article describes the process of “primitive professionalization”—the efforts of a small set of actors to claim professional status before their field has professionalized. Using a case study of Eastern State Penitentiary (1829–1879), I examine the strategies by which one prison's administrators claimed status as professionals—those whose command of a specialized knowledge grants authority within their domain. Eastern's administrators deployed a series of evolving discursive strategies aimed at establishing themselves as professionals long before more formal, field‐wide efforts to professionalize criminal justice. These strategies allowed Eastern's administrators to establish their professional status without traditional status markers of national networks, college degrees, or special training, which emerged later. Beyond illustrating a new pathway to professionalization, examining criminal justice professionalization at this early stage illuminates the early prison's precarious position and the internecine warfare among actors competing to control its meaning.     

Slave Women,Resistance and Criminality:

The system of slavery, a reflection of a patriarchal and racist social order, legitimatized and facilitated not only the economic and racist oppression but the sexual exploitation of black slave women. An extensive review of the literature on slavery was used to address how slave women accommodated and resisted these multiple forms of oppression. The findings presented here indicate that as blacks, both sexes experienced the harsh and inhumane consequences of racism and economic exploitation. In response to their exploitation, there was a significant convergence in male and female involvement in such forms of "criminal" resistance, such as murder, assault, theft and arson. These actions were employed to improve the slaves' lot in life and to express opposition to the slave system. "Criminal" resistance therefore set the stage for black women's participation in the criminal activities characteristic of today. Findings also suggest that in response to sexual exploitation, gender specific forms of accommodation-eg., acting as breeders and sex workers-were utilized in order to make slave women's lives bearable. The article concludes that the various forms of accommodation served as a preface to black women's vulnerability to sex-oriented crimes within the context of the twentieth century American society.     

Hukou Status and Sentencing in the Wake of Internal Migration: The Penalty Effect of Being Rural‐to‐Urban Migrants in China

While the disparate legal treatment of immigrants in Western jurisdictions has been well documented in sociolegal scholarship, the potential legal inequality experienced by rural‐to‐urban migrants in China, who have become China's largest disadvantaged social group, has not garnered much attention. To fill the gap, this article empirically examines sentencing disparities related to the Hukou status of criminal offenders by employing quantitative data on criminal case processing in China. The results of our analysis reveal that rural‐to‐urban migrant defendants are more likely to be sentenced to prison than their urban counterparts. In addition, the penalty effect of being a rural‐to‐urban migrant is further magnified in jurisdictions with a larger concentration of migrants. Our findings suggest that discrimination against rural‐to‐urban migrants has become an emerging, significant form of legal inequality in China's criminal justice system, refracting and reinforcing the deep‐seated structural inequality associated with Hukou status in China. The research and policy implications of these findings are discussed.     

MDS use with crime scene data replicates poorly: response to Goodwill,Alison, and Humann (this issue) and Davis (this issue)

Abstract

Examinations of treatment attrition form an important – although sometimes neglected – component of evaluating a correctional programme's effectiveness in reducing recidivism. Previous research has identified offender characteristics that predict non-completion. This study investigated non-completion in 138 high-risk, violent male prisoners attending an intensive cognitive–behavioural programme. Almost one-third of men who commenced it did not complete the 7-month programme. Most asked to leave of their own accord, or were removed for ongoing offending. In contrast to previous research, no support was found for the hypothesis that those who terminated treatment prematurely were more in need of intervention than those who completed the programme; non-completers did not differ from completers on static estimates of criminal risk, PCL-R scores, demographic variables or self-report scales measuring dynamic risk factors. It was concluded that successful prediction using variables related to criminal risk and criminogenic need depends both on the characteristics of programme participants, and on contextual factors such as programme policies: when high-risk high needs offenders are a programme's target clientele, variables related to risk and need will have limited predictive utility. From a practice perspective, the programme was successful in retaining through to completion a relatively untreatable group: high-risk offenders with moderate to high PCL-R scores.     

Claiming Citizenship: The Political Dimension of Welfare Fraud

This article exposes the political dimension of welfare fraud by investigating—in the context of the Israeli welfare reform of 2003—how forty‐nine Israeli women who live on welfare justify welfare fraud. I find that women's justifications cannot be fully explained by traditional noncompliance theories that view welfare fraud as an individual, private, criminal activity that solely reflects on the fraudster's moral character or desperate need. Instead, women's justifications for welfare fraud are better understood as a sociopolitical struggle for inclusion and deservedness—as a political act that reflects an alternative concept of citizenship with respect to women's unpaid care work.