Criminal Records and Employment: A Survey of Experiences and Attitudes in the United States

Ban-the-Box (BTB) legislation, which bans employers from asking about criminal history records on the initial job application, is arguably the most prominent policy arising from the prisoner reentry movement. BTB policies assume: 1) most employers ask about criminal records, and 2) inquiries occur at the application stage. However, we lack reliable information about the validity of these assumptions or about public attitudes towards criminal background checks, which limits our understanding of the potential scope of this innovative policy. Using survey data from a national probability sample, we estimate that in the past year, over 31 million U.S. adults were asked about a criminal record on a job application. According to our survey, virtually all of the criminal record inquiries occurred at the application stage, highlighting the potential of BTB. However, we also found that the public is sharply divided on whether to prevent employers from asking on applications, as per BTB.     

Measuring Long Term Individual Trajectories of Offending Using Multiple Methods

Criminal career researchers and developmental criminologists have identified describing individual trajectories of offending over time as a key research question. In response, recently various statistical methods have been developed and used to describe individual offending patterns over the life-course. Two approaches that are prominent in the current literature are standard growth curve modeling (GCM) and group-based trajectory models (GTM). The goal of this paper is to explore ways in which these different models with different sets of assumptions, do in fact lead to different outcomes on individual trajectories. Using a particularly rich dataset, the criminal career and life-course study, we estimate a unique trajectory for each individual in the sample using the GCM and GTM. We also estimate separate trajectories for each individual directly using the long time series. We then compare these three separate trajectories for each individual. We find that the average trajectories obtained from the different approaches match each other. However, for any given individual, these approaches tell very different stories. For example, each method identifies a rather different set of individuals as desistors. This comparison highlights the strengths and weaknesses of each approach, and more broadly, it reveals the uncertainty involved with measuring long term patterns of change in latent propensity to commit crimes.

Gambling for Resurrection Versus Bleeding the Army: Explaining Risky Behavior in Failing Wars

This article examines the behaviors of political leaders who implement costly and risky measures during wars in which victory has become highly unlikely. It advances two related claims. First, counter to the prevailing logic, leaders with little to no culpability for starting a war remain susceptible to blame and domestic repercussions for how a war ends. Second, with these new leaders, the impetus to avoid blame can prompt risky behaviors that look like gambling for resurrection; but the underlying objectives differ. Through similar behaviors, new leaders do not necessarily hope to salvage victory but instead seek to simultaneously exhibit resolve and demonstrate the futility of further fighting, thus securing support for a less-than-favorable settlement while hedging against domestic punishment. To assess this “bleeding the army” logic as distinct from gambling for resurrection, the article looks at the case of the French Government of National Defense during the Franco-Prussian War.     

Patterns of violent specialization: Predictors of recidivism for a cohort of parolees

Historically, there has been interest in the unfolding of criminal careers, especially in the persistence, specialization, and prediction of violent recidivism. Specialization in violent crime is particularly important as both the public and politicians have called for longer sentences, incapacitation, and prison expansion for violent offenders. However, research on the specialization of violent crime has been largely overlooked in spite of its importance to criminal justice practitioners and public interest. To examine the specialization in crime, this research uses data collected in Ohio in 1989 on a cohort of 3,353 parolees released from prison. Specialization is defined as the exclusive admission to prison for a violent crime with a subsequent violent recidivism offense. Logistic regression is used to delineate predictors of violent specialization. Race, county of commitment, age at release, time served, number of prior felony convictions, and number of prior parole revocations are found to be related to violent specialization.     

A Need for Training: Preparing Juvenile and Family Court Judges on Military‐Related Issues

This brief report presents a study undertaken to better understand the training needs of judicial officers related to military issues. A snowball sample of judicial officers and court‐affiliated stakeholders were asked to identify the most critical training topics regarding military issues in juvenile and family court, as well as rate the importance of 13 potential training topics. The highest rated training topics for judicial officers (N = 129) were the (1) Welfare of spouses and children, (2) Protocols to consider when selecting kinship care for children of deployed parents, (3) Mental and physical health consequences of military service and deployment, (4) Reporting standards regarding Intimate Partner Violence or Family Violence, as well as implications for civil case investigation, and (5) Education support for children of deployed parents. Findings suggest a desire in the field for specific training on a multitude of issues related to serving/veteran men and women, spouses, and dependents. Recommendations for such trainings are discussed.     

Measuring and Explaining Charge Bargaining

Charge bargaining is a potentially important form of discretion in criminal sentencing that is obscured in many studies of sentencing outcomes. Our procedure to measure the difference in sentencing outcomes caused by plea bargain emphasizes the amount, in months, that the sentence length is reduced. Using this measure, we compare prosecutorial discretion across counties in two different states. We conclude that charge bargaining plays an empirically important role in determining sentencing outcomes. Furthermore, we find that measuring the distance (in months of prison time) moved during a charge bargain may provide a very different estimate of the discretion than is given by the rate of bargaining, which is the usual measure used. Although the rate of charge bargaining was higher in the voluntary guidelines state, its impact on sentences was greater in the presumptive guidelines jurisdiction, as predicted by Reitz (1998). We further observe a dramatic difference in predictions from shifting the case characteristics underlying the summary measure. This result reveals that distributional differences (either due to the underlying criminal activity or due to the overall level of severity of punishment) can easily obscure the inferences necessary for understanding the operation of the systems. Our finding of differential charge bargaining in these two jurisdictions should provide a caution when comparing the results of studies of disparity in sentencing across jurisdiction types.

Parental Differential Treatment of Siblings and Adolescents’ Health-Related Behaviors: The Moderating Role of Personality

Youth who receive comparatively poorer parental treatment than a sibling are at risk for maladaptive behaviors in a variety of domains, but research has yet to examine links with adolescents’ health-related behaviors nor consider how those links may vary based on adolescents’ personality traits, namely conscientiousness and agreeableness. Two siblings (n?=?590 adolescents; 53% female; M_age?=?15.86, SD?=?1.73) from 295 families reported on their differential conflict and closeness with their fathers and mothers as well as on their personality, sleep habits, exercise habits, and general health habits. Multilevel modeling revealed that, generally, the less conscientious adolescents had better health habits when they had comparatively warmer relationships with their mothers. Less conscientiousness adolescents may be less distressed by inequality in the family, and thus may experience positive effects of relatively better treatment.

     

Judicial Educators’ Perspectives on Trauma Education for the Judiciary

Trauma and its impact on human development and functioning in the context of legal systems has been an important topic in judicial education for well over a decade. This brief report reviews key components of this work since approximately 2005, and presents the results of a 2018 ‐ 2019 survey with 250 judicial educators on the topics of trauma education for the judiciary and preferred teaching models. Results suggest that trauma is and will likely remain an important topic in judicial education for the foreseeable future. Further, results indicate that there are some common criticisms about current trauma education that should be considered in curriculum design and delivery, and that there is a general preference for team teaching approaches that include a strong peer‐to‐peer discussion component. Recommendations and considerations for judicial educators on the topic of trauma are also presented.