“BACK-END SENTENCING” AND REIMPRISONMENT: INDIVIDUAL,ORGANIZATIONAL, AND COMMUNITY PREDICTORS OF PAROLE SANCTIONING DECISIONS*

An understudied contributor to the massive growth of American incarceration is an increase in the practice of reimprisoning parolees through parole board revocations—now referred to as “back-end sentencing.” To conduct the analyses outlined in this article, we use data from the California Parole Study to analyze the effects of three clusters of factors (parolees' characteristics, organizational pressures, and community conditions) on these sentences. Our analyses are informed by theories that have been used to explain “front-end” (court) sentences, which center on the focal concerns of social-control agents, labeling, and racial threat. Our results indicate that status characteristics—race/ethnicity and gender—affect the likelihood that criminal parole violators are reimprisoned. Moreover, certain “pivotal categories” of parolees—registered sex offenders and those who have committed “serious” or “violent” offenses—are much more likely to be returned to prison than others. Organizational pressure (prison crowding) also affects the likelihood of reimprisonment. Communities' political punitiveness affects the likelihood that technical violators are reimprisoned and that serious or violent offenders are reimprisoned for criminal violations. In this article, we use these findings to consider ways that mass incarceration is driven by both top-down policies as well as bottom-up organizational and community forces.     

Impact of the Young Offenders Act on Dispositions in the Juvenile Justice System of Canada

Following implementation of the Young Offenders Act (YOA) in April 1984, it was believed that a shift had occurred from an emphasis on rehabilitation and indeterminate sentences under the Juvenile Delinquents Act (JDA) to an emphasis on punishment and determinate sentences under the new legislation, and a subsequent increase in frequency and length of custodial dispositions. Research studies suggest that, while the number of youths charged and the number sentenced to probation has remained the same, committals to custody and average length of detention have increased. Furthermore, victim reconciliation and community service orders are being used more often as dispositions under the YOA, consistent with the principle of accountability of young offenders.

The present study attempts to determine the impact of the YOA on judicial dispositions for 13 to 15 year old young offenders at the Provincial Court (Family Division), Frontenac County, by attempting to control for the nature of the cases and the type of individual brought before the courts. The hypothesis examined is that the YOA has not caused a change in youth court dispositions.

Differences were, in fact, found between dispositions used and it was shown by matching youths under each Act on age, sex, offence, and previous history, that similar youths do not necessarily receive the same dispositions; the probability of receiving a more severe form of disposition is greater for youths under the YOA than for youths with similar background characteristics and current offence under the JDA. Individuals who are given a particular disposition under the JDA and the YOA were also found to differ in terms of background characteristics. A number of reasons for the discovery of a change in dispositions are discussed.     

Cherry‐picking participation: Explaining the fate of proposals from participatory processes

What happens to the proposals generated by participatory processes? One of the key aspects of participatory processes that has been the subject of rare systematic analysis and comparison is the fate of their outputs: their policy proposals. Which specific factors explain whether these proposals are accepted, rejected or transformed by public authorities? In this article contextual and proposal‐related factors are identified that are likely to affect the prospect of proposals being implemented. The explanatory power of these factors are tested through multilevel analysis on a diverse set of 571 policy proposals. The findings offer evidence that both contextual and proposal‐related variables are important. The design of participatory processes affects the degree of implementation, with participatory budgeting and higher quality processes being particularly effective. Most significant for explaining outcomes are proposal‐level, economic and political factors: a proposal's cost, the extent to which it challenges existing policy and the degree of support it has within the municipality all strongly affect the chance of implementation.