Crime clearance rates in Canadian municipalities: A test of Donald Black's theory of law

Donald Black's theory of law has been considered an important theory in the sociology of law. However, while the theory views law as a quantity variable, there has been limited empirical support from quantitative studies. This study offers a quantitative test of Black's theory using data from 579 Canadian municipalities. The results show that the quantity of law, in terms of crime clearance rates, varies positively with stratification, morphology, culture, and organization just as Black's theory has predicted. In addition, population size, population density, the property and violent crime rates, and policing resources also affect the clearance rates. These findings support the general notion that there is more law for certain groups and under certain social conditions. Also, most of the findings are consistent with Black's theory, thus supporting its viability as a sociological theory. In addition, two seemingly contradictory explanations, the resource explanation and the need/dependency explanation, are proposed to interpret the findings. These contradictory and yet complementary explanations perhaps reflect the reality of law in society.     

Mobilizing Law in Latin America: An Evaluation of Black's Theory in Brazil

This research addresses two separate but related questions. First, to what extent are sociological theories proposed to explain legal behavior in Western societies applicable to non‐Western contexts? And second, to what degree is Black's theory of law generalizable, as he contends, “across time and space?” Our research merges these questions by exploring the applicability of Black's theory in a Latin American context. Data collected from a nationally representative survey in Brazil suggest support for Black's propositions regarding the impact of vertical, horizontal, cultural, and normative status on the likelihood of mobilizing the law, as well as the feasibility of using his framework for understanding legal behavior in non‐Western settings. Our discussion considers implications and directions for future analyses in both the Brazilian and cross‐cultural contexts.     

VICARIOUS HOMICIDE VICTIMIZATION AND SUPPORT FOR CAPITAL PUNISHMENT: A TEST OF BLACK'S THEORY OF LAW*

This article examines the relationship between experiencing the homicide of a family member, friend, or acquaintance and the likelihood of support for capital punishment. Homicide victims'family and friends are often portrayed as strong advocates of the death penalty. Yet, the effect of vicarious homicide victimization on support for capital punishment has never been systematically examined, and in fact, Donald Black's theory of law suggests an inverse relationship between the two variables. Using data from the 1988 General Social Survey, this research tests hypotheses derived from Black's theory regarding the relationship among social intimacy, cultural status, and the use of law in response to conflict. Multivariate logistic regression models suggest that the experience of personally knowing a homicide victim significantly affects one's likelihood of support for the death penalty, but the effect of vicarious victimization varies for black and white respondents. The empirical patterns indicate that in addition to race, religious orientation and gender also play important roles in determining the relationship between vicarious homicide victimization and support for the death penalty.     

Status Disparities in the Capital of Capital Punishment

Numerous studies have examined the influence of victim race on capital punishment, with a smaller number focused on victim gender. But death penalty scholars have largely ignored victim social status. Drawing on Black's (1976) multidimensional theoretical concept, the current research examines the impact of victim social status on the district attorney's decision to seek the death penalty and the jury's decision to impose a death sentence. The data include the population of cases indicted for capital murder in Harris County (Houston), Texas, from 1992 to 1999 (n=504). The findings suggest that victim social status has a robust influence on the ultimate state sanction: Death was more likely to be sought and imposed on behalf of high‐status victims who were integrated, sophisticated, conventional, and respectable. The research also has implications beyond capital punishment. Because victim social status has rarely been investigated in the broader sentencing literature, Black's concept provides a theoretical tool that could be used to address such an important omission.     

POLICING RACE: THE RACIAL STRATIFICATION OF SEARCHES IN POLICE TRAFFIC STOPS*

Research on race effects in police traffic stops is theoretically underdeveloped. In this study, we derive propositions from Donald Black's theory of law to explain the interaction effects of officer and driver race on searches in traffic stops in St. Louis, Missouri. Our citywide results and those for stops in predominantly White communities are generally consistent with the theory: Searches are more likely in stops of Black drivers than in those of White drivers, especially by White officers, controlling for other characteristics of the officer, driver, and stop. In predominantly Black communities, however, stops of White drivers by White officers are most likely to result in a search. We interpret both sets of results as manifestations of racial profiling in segregated communities and suggest that Black's theory of law remains a promising theoretical framework for future research on the continuing significance of race‐based policing in the United States.     

Driving While Black

Abstract

The phenomenon of “driving while black” has ignited a heated debate: Do the police use race to target drivers? Most research on the topic compares the number of police stops and searches for a racial group to that group's distribution in the population. This approach ignores sociological theories of law, the driver's social status, the combined influence of race and sex, and whether the driver carries drugs in the car. In addition, the police are aware of being observed. To address these limitations, we surveyed undergraduates (N = 1,192) at one of the most diverse universities in the nation about their experiences with the police and their personal criminal behavior. Drawing on Black's (1976) theory of law, we examine whether a driver's race, sex, and social status influence police behavior (stop, exit, frisk, search, ticket/arrest). We also examine which drivers are most likely to have drugs in the car. The results suggest that a driver's race, sex, and social status all shape police behavior: African American men and Hispanic men experience more social control than white men; all men experience more social control than women; and low status drivers experience more social control than high status drivers. But despite the police focus on minority males, white males were the most likely to report carrying drugs in the car.     

Is It the What or the How? The Roles of High‐Policing Tactics and Procedural Justice in Predicting Perceptions of Hostile Treatment: The Case of Security Checks at Ben‐Gurion Airport,Israel

What affects perceptions of hostile treatment by police, characterized by feelings such as humiliation and intimidation? Is it what the police do to the citizen, or is it about how they do it? The important effects of procedural justice are well documented in the policing literature. Yet, it is not clear how high‐policing tactics, coupled with procedural justice, affect one's sense of hostile treatment: is it the case that what the police do does not matter as long as they follow the principles of procedural justice, or do some invasive or unpleasant tactics produce negative emotions regardless of the amount of procedural justice displayed by the officer? In the present study we examine this question in the context of security checks at Ben‐Gurion Airport, Israel. Using a survey of 1,970 passengers, we find that the behavioral elements of procedural justice are an important antidote, mitigating the negative effects of four “extra” screening measures on the perceived hostility of the checks. At the same time, two security measures retain an independent and significant effect. We discuss the implications of our findings and hypothesize about the characteristics of policing practices that are less sensitive to procedural justice.     

THE PRIVATIZATION OF VIOLENCE*

Norbert Elias's (1939) work on “the civilizing process” highlighted the long‐term decline in violence within Western societies. A substantial amount of more recent anthropological and historical evidence suggests that violence has evolved not just quantitatively but qualitatively as well. In particular, the social characteristics of the parties to violence have changed over time. Drawing on Donald Black's (1976, 1993a) theoretical ideas on conflict management, the present paper proposes that as intimate social ties weakened and the state strengthened, collective and nonintimate forms of (nonpolitical) violence declined significantly. Consequently, violence increasingly became less public, more private. Pockets of residual public violence can, however, still be found within modern state societies. Privatization varies, then, across time and social space.     

When the "Public Interest" is Not What Interests the Public

In response to the Federal Communications Commission's proposed changes to its electronic media ownership rules, thousands of concerned citizens filed e-mail comments to express their opinions. The chairman of the FCC at that time, Michael Powell, opined that such comments were too general to be seriously considered by the agency in making its decisions. Several indicia of effective participation in such proceedings have been established in the literature, including whether the comments provide specific information relevant to the issues being considered. This article analyses the e-mail comments filed in the FCC's ownership proceedings to determine whether they contain the kind of information that is considered necessary for meaningful public participation. While the comments generally addressed relevant topics in sometimes sophisticated ways, they did not present the kinds of specific information that the Commission uses to justify its expert opinions.     

Unfounding Sexual Assault: Examining the Decision to Unfound and Identifying False Reports

One of the most controversial—and least understood—issues in the area of sexual violence is the prevalence of false reports of rape. Estimates of the rate of false reports vary widely, which reflects differences in way false reports are defined and in the methods that researchers use to identify them. We address this issue using a mixed methods approach that incorporates quantitative and qualitative data on sexual assault cases that were reported to the Los Angeles Police Department (LAPD) in 2008 and qualitative data from interviews with LAPD detectives assigned to investigate reports of sexual assault. We found that the LAPD was clearing cases as unfounded appropriately most, but not all, of the time and we estimated that the rate of false reports among cases reported to the LAPD was 4.5 percent. We also found that although complainant recantation was the strongest predictor of the unfounding decision, other factors indicative of the seriousness of the incident and the credibility of the victim also played a role. We interpret these findings using an integrated theoretical perspective that incorporates both Black's sociological theory of law and Steffensmeier, Ulmer, and Kramer's focal concerns perspective.     

A HEAVY THUMB ON THE SCALE: THE EFFECT OF VICTIM IMPACT EVIDENCE ON CAPITAL DECISION MAKING*

The past several decades have seen the emergence of a movement in the criminal justice system that has called for a greater consideration for the rights of victims. One manifestation of this movement has been the “right” of victims or victims' families to speak to the sentencing body through what are called victim impact statements about the value of the victim and the full harm that the offender has created. Although victim impact statements have been a relatively noncontroversial part of regular criminal trials, their presence in capital cases has had a more contentious history. The U.S. Supreme Court overturned previous decisions and explicitly permitted victim impact testimony in capital cases in Payne v. Tennessee (1991) . The dissenters in that case argued that such evidence only would arouse the emotions of jurors and bias them in favor of imposing death. A body of research in behavioral economics on the “identifiable victim effect” and the “identifiable wrongdoer effect” would have supported such a view. Using a randomized controlled experiment with a death‐eligible sample of potential jurors and the videotape of an actual penalty trial in which victim impact evidence (VIE) was used, we found that these concerns about VIE are perhaps well placed. Subjects who viewed VIE testimony in the penalty phase were more likely to feel negative emotions like anger, hostility, and vengeance; were more likely to feel sympathy and empathy toward the victim; and were more likely to have favorable perceptions of the victim and victim's family as well as unfavorable perceptions of the offender. We found that these positive feelings toward the victim and family were in turn related to a heightened risk of them imposing the death penalty. We found evidence that part of the effect of VIE on the decision to impose death was mediated by emotions of sympathy and empathy. We think our findings open the door for future work to put together better the causal story that links VIE to an increased inclination to impose death as well as explore possible remedies.     

Long-Term Strategies in Japanese Environmental Litigation

Japan's reputation for unusually strong emphasis on the avoidance of public conflict and therefore for deemphasis of legal institutions suggests an arid, hostile environment for litigators, especially those who lack substantial resources. In a study of a quasi-class action lawsuit by Japanese air pollution victims, we find that litigation can be developed as a tool in the pursuit of a social movement's wider objectives despite the paucity of resources within the Japanese legal system. Our research documents the many ways in which the delays, obstacles, and costs that characterize the litigation environment in Japan have been either neutralized or turned to the advantage of a social movement because of its commitment to longer-term political objectives rather than short-term victories. The special role of professions in general, and the legal profession in particular, in such litigation combines with class-oriented social movements to produce a political/legal pattern that is neither traditionally harmonious nor a conflict "difficult to contain."     

POLICE DISRESPECT TOWARD THE PUBLIC: AN ENCOUNTER‐BASED ANALYSIS*

We use observations of police encounters with 3,130 suspects in Indianapolis and St. Petersburg to estimate three influences on police disrespect: how suspects behave, their personal characteristics, and the location of the encounter. Logistic regression models show that suspects' behaviors were the most powerful predictors, but the suspect's sex, age, income, and degree of neighborhood disadvantage were also significant. Minority suspects experienced disrespect less often than whites (statistically significant in the hierarchical analysis controlling for degree of neighborhood disadvantage). These effects are concentrated in St. Petersburg, where the chief had made the suppression of police abuses a visible priority. The findings offer partial confirmation of Donald Black's theory of law.     

Lawyers and Embedded Legal Activity in the Southern Civil Rights Movement

We introduce the concept of embedded legal activity to capture the ways in which lawyers and legal organizations can become intertwined in the ongoing activities of social movements. Embedded legal activity is characterized by diverse issues and venues and comprises legal activities that help support movement infrastructure, close coordination between movement lawyers and other activists, and responsiveness to constituent needs. Investigating a comprehensive data set on legal activity during the southern civil rights movement, we identify forms of legal activity beyond the typical focus of legal mobilization, including defense for movement participants charged with misdemeanors and other crimes, movement assistance on organization‐level legal matters, and general legal aid to movement constituents. These were by far the more common types of legal activity and emerged from the embeddedness of lawyers in a mass movement. We argue that embedded legal activity is likely where movements prioritize grassroots leadership and community organizing and face significant countermobilization, hostile legal and political opportunity structures, and substantial social and economic inequality.     

Attitudes toward hate crime laws

The research reported here was a survey study exploring attitudes toward hate crime laws and possible causes of such attitudes. In a path model, which was supported by the data, it was found that the major factor determining acceptance or rejection of a hate crime law was whether or not homosexuals would be included as a protected group: those wanting inclusion supporting such a law, and those not wanting inclusion opposing such a law. Consistent with identity politics theory, the data-supported model further found that both social and economic liberals, and people who thought hate crimes created fear in other members of the victim's group, wanted homosexuals included in hate crime laws. Other findings, however, were inconsistent with the identity politics theory position that this movement was a united front. Other results from the data-supported model are also discussed and explanations are provided.     

Medical and Familial Claims to Long‐Term Care: Institutional Gaps and Shifting Jurisdictions

In light of the contemporary long‐term care crisis, Sandra Levitsky's book Caring for Our Own examines why there has been no movement to secure state support for caregivers. Speaking to sociolegal and social movement audiences, Levitsky reveals how lack of collective identity, the power of family‐based ideologies, and the separation of support organizations from political ones help to repress mobilization. In this essay I refract Levitsky's findings through the lens of organizational theory and medical sociology. I argue that the social problem of long‐term care is caught in an institutional gap since it does not readily fall under the purview of either medicine or family. I also discuss the implications of lay caregivers' provision of sophisticated medical care for theories of professional jurisdictions and gatekeeping.     

How social movement organizations explicitly and implicitly promote deviant behavior: The case of the militia movement

The literature on social movements and deviance has failed to recognize that social movement organizations also promote deviance in society. This oversight stems from a tendency in the dominant paradigm of social movement theory to normalize the activities of these movements by equating their activities with political behavior. Focusing on the modern militia movement, we discuss the explicit and implicit paths through which movements promote deviance and/or criminal behavior. Noting that the movement has both a “defensive” and an “offensive” wing, we find that they promote deviance both through their ideology, which legitimizes deviance, and through their organizational structures, which are unable to control either the actions of those who are part of the movement or the flow of movement-generated information.     

The Reconstitution of Law in Local Settings: Agency Discretion, Ambiguity, and a Surplus of Law in the Policing of Hate Crime

An important yet poorly understood function of law enforcement organizations is the role they play in distilling and transmitting the meaning of legal rules to frontline law enforcement officers and their local communities. In this study, we examine how police and sheriff's agencies in California collectively make sense of state hate crime laws. To do so, we gathered formal policy documents called “hate crime general orders” from all 397 police and sheriff's departments in the state and conducted interviews with law enforcement officials to determine the aggregate patterns of local agencies' responses to higher law. We also construct a “genealogy of law” to locate the sources of the definitions of hate crime used in agency policies. Despite a common set of state criminal laws, we find significant variation in how hate crime is defined in these documents, which we attribute to the discretion local law enforcement agencies possess, the ambiguity of law, and the surplus of legal definitions of hate crime available in the larger environment to which law enforcement must respond. Some law enforcement agencies take their cue from other agencies, some follow statewide guidelines, and others are oriented toward gaining legitimacy from national professional bodies or groups within their own community. The social mechanisms that produce the observed clustering patterns in terms of approach to hate crime law are mimetic (copying another department), normative (driven by professional standards about training and community social movement pressure), and actuarial (affected by the demands of the crime data collection system). Together these findings paint a picture of policing organizations as mediators between law‐on‐the‐books and law‐in‐action that are embedded in interorganizational networks with other departments, state and federal agencies, professional bodies, national social movement organizations, and local community groups. The implications of an interorganizational field perspective on law enforcement and implementation are discussed in relation to existing sociolegal research on policing, regulation, and recent neo‐institutional scholarship on law.