Public Opinion of Teen,Classroom, and Formal Court Styles

The present research examined the views of a community sample regarding teen court, classroom court, and formal/traditional court. Participants read vignettes of teen offenders who had committed crimes of high or low severity and were given relatively severe or mild sentences through one of the three courts. Results revealed stronger support for teen court than the other courts, a general preference for harsh sentences, and a preference for match between crime and punishment. The results of this study indicate that teen courts are seen as providing an appropriate means to sentence juvenile offenders and are likely to receive public support for their continued operation.     

AGE,PEERS, AND DELINQUENCY*

Hirschi and Gottfredson (1983; Gottfredson and Hirschi, 1990) have argued that the age distribution of crime cannot be explained by any known variables. and they point specifically to the failure of sociological theories to explain this phenomenon. This paper examines a quintessentially sociological theory of crime—differential association—and evaluates its ability to explain the age distribution of crime. Analysis of data from the National Youth Survey on persons aged 11–21 reveals that peer relations (exposure to delinquent peers, time spent with peers, loyalty to peers) change dramatically over this age span, following much the same pattern as crime itself When measures of peer influence are controlled, the effects of age on self-reported delinquency are largely rendered insignificant. Additional analyses show that delinquent friends tend to be “sticky” friends (once acquired, they are not quickly lost) and that Sutherland's arguments concerning the duration and priority of delinquent associations are only partially correct.     

The Use of Unwritten Legal Principles by Courts*

Abstract. I argue that one can distinguish two types of unwritten legal principles as applied by courts (in Europe). On the one hand, what are called “structural principles,” which are induced, or at least pretended to be induced, from the written law. On the other hand, what are called “ideological principles,” which are not induced from the actual legal system, but refer to current dominant beliefs in society as to morals, politics or other non legal ideologies. It is argued that the distinction between structural legal principles and ideological legal principles could be an important element for the elaboration of a legal principle theory, as both these types of principles meet a different need and play a different role in legal practice. Structural legal principles primarily meet the need for a new ius commune, in order to achieve the coherence and the completeness of the legal system, whereas ideological legal principles, just like the human rights, meet a revived demand for an ethical framework for the law.     

Explaining the Decline of Macro-corporatist Political Bargaining Structures in Advanced Capitalist Societies

A growing consensus among many observers of Western European politics has developed in recent years that, in certain countries, national level, consensus-based political bargaining arrangements involving representatives of organized capital, trade unions, and the state are giving way to more sectorally-based, conflictual forms of relations. These developments suggest an overall decline in the efficacy of national-level corporatist institutional structures in the liberal democracies of Western Europe. This article contends that neither of the two general theoretical approaches to the study of corporatism - the liberal model of the "neocorporatist state" (which fails to acknowledge the potential for serious system-threatening instability within corporatism) nor the Marxist model of corporatist "political structures" (which incorrectly predicts labor-generated corporatist instability due to inevitable rank-and-file discontent with the policy outputs of corporatist forms) - can account for this current wave of macro-corporatist instability and decline. In response to this theoretical impasse, this article develops a capitalist-centered explanation for the declining significance of corporatist forms. Business interests, it is maintained, may no longer be viewing corporatist arrangements as beneficial due to certain domestic structural economic changes and to transformations in the global capitalist system.     

CYNICAL STREETS: NEIGHBORHOOD SOCIAL PROCESSES AND PERCEPTIONS OF CRIMINAL INJUSTICE*

Studies have found that African Americans are more likely to perceive racial biases in the criminal justice system than are those from other racial groups. There is a limited understanding of how neighborhood social processes affect variation in these perceptions. This study formulates a series of hypotheses focused on whether perceived racial biases in the criminal justice system or perceptions of injustice vary as a function of levels of moral and legal cynicism as well as of adverse police–citizen encounters. These hypotheses are tested with multilevel regression models applied to data from a sample of 689 African Americans located in 39 neighborhoods. Findings from the regression models indicate that the positive association between structural disadvantage and perceptions of injustice is accounted for by moral and legal cynicism. Furthermore, adverse police encounters significantly increase perceptions of injustice; controlling for these encounters reduces the strength of the association between cynicism and injustice perceptions. Finally, the findings reveal that cynicism intensifies the association between adverse police encounters and perceptions of criminal injustice. The results are discussed in terms of their implications for research regarding perceived biases in the criminal justice system and neighborhood social processes.