THE SOCIAL CONTEXT OF GUIDELINES CIRCUMVENTION: THE CASE OF FEDERAL DISTRICT COURTS*

Recent scholarship on criminal punishments increasingly highlights the importance of courtroom social contexts. Combining recent data from the U.S. Sentencing Commission (FY1997–2000) with aggregate data on federal districts, the current study examines interdistrict variations in the application of downward departures from the federal sentencing guidelines. Findings indicate that substantial variation exists in the probability of both prosecutor‐initiated substantial assistance departures and judge‐initiated downward departures. This variation is accounted for, in part, by organizational court contexts, such as caseload pressures, and by environmental considerations, such as the racial composition of the district. Additional evidence suggests that individual trial penalties and race disparities are conditioned by aggregate court contexts. Drawing on interviews with federal justice personnel, this article concludes with a discussion of future directions for research on federal guidelines departures. Part of the glory of the federal system…is that you've got this one big organization, but it can be molded to different needs…
‐ An assistant U.S. attorney ‐     

THE MULTILEVEL CONTEXT OF CRIMINAL SENTENCING: INTEGRATING JUDGE‐ AND COUNTY‐LEVEL INFLUENCES*

This study extends recent inquiries of contextual effects in sentencing by jointly examining the influence of judge and courtroom social contexts. It combines two recent years of individual sentencing data from the Pennsylvania Commission on Sentencing (PCS) with data on judicial background characteristics and county court social contexts. Three‐level hierarchical models are estimated to investigate the influence of judge and county contexts on individual variations in sentencing. Results indicate that nontrivial sentencing variations are associated with both individual judge characteristics and county court contexts. Judicial background factors also condition the influence of individual offender characteristics in important ways. These and other findings are discussed in relation to contemporary theoretical perspectives on courtroom decision making that highlight the importance of both judge and court contexts in sentencing. The study concludes with suggestions for future research on contextual disparities in criminal sentencing.     

SIZE OF HOUSEHOLD FIREARM COLLECTIONS: IMPLICATIONS FOR SUBCULTURES AND GENDER*

Recent work (Cook and Ludwig, 2003) has linked local firearm density to increased burglary victimization risk. The current work investigates within‐household gun density or household firearm collection size. Previous work has suggested two subcultures of gun owners: protection‐minded and sport‐ or hunting‐minded. It also has identified gender gaps in reporting any household guns and in the number reported. None of the earlier work, however, has controlled for selection into gun‐owning household status. This limitation raises potential questions about earlier findings. The current research controls for selection. If the two subcultures thesis is correct, protection‐minded owners should report smaller household firearm collections. The expected impact is observed in one national survey and is partially replicated in a second. Gender gaps seemed more independent than previously suggested. This study is the first to provide evidence of two partially overlapping subcultures of gun owners even after controlling for selection into gun‐owning household status. Practical implications for burglary risk may exist.