Racial prejudice, perceived injustice, and the Black-White gap in punitive attitudes

Conflict theory and previous research suggest that the Black-White difference in support for harsh criminal punishments may be linked to anti-Black prejudice among Whites and perceived injustice among Blacks. Using survey data from the 2001 Race, Crime and Public Opinion Study, this article examines the sources of the racial gap in levels of punitiveness. Two main explanations are tested: perceived racial bias in the criminal justice system and racial prejudice. The results indicate that, together, racial prejudice and perceived racial bias explain the Black-White gap in punitive attitudes.     

RACIAL TYPIFICATION OF CRIME AND SUPPORT FOR PUNITIVE MEASURES

This paper assesses whether support for harsh punitive policies toward crime is related to the racial typification of crime for a national random sample of households (N=885), surveyed in 2002. Results from OLS regression show that the racial typification of crime is a significant predictor of punitiveness, independent of the influence of racial prejudice, conservatism, crime salience, southern residence and other factors. This relationship is shown to be concentrated among whites who are either less prejudiced, not southern, conservative and for whom crime salience is low. The results broaden our understanding of the links between racial threat and social control, beyond those typically associated with racial composition of place. They also resonate important themes in what some have termed modern racism and what others have described as the politics of exclusion.     

The Impact of Unpunished Hate Crimes: When Derogating the Victim Extends into Derogating the Group

Just world research has shown that observers derogate victims more for their misfortunes if the perpetrator is not harshly punished (Lerner in J Personal Soc Psychol 1(4):355–360, 1980). However, few studies have investigated minority group derogation as a just world preservation strategy after instances of intergroup harm-doing. This study is among the first to demonstrate the derogation of both individual victims and of the victim’s minority group experimentally, using the context of a racist hate crime in Australia. In the present experiment, participants (N = 110) read a news article describing a hate crime against an Aboriginal Australian teenager and were informed that the perpetrator was harshly or leniently punished (secure vs. justice threat condition). Our results show that in the justice threat condition, participants not only derogated the individual Aboriginal Australian victim more after his death, they also expressed greater racism toward the victim’s group. An indirect effect of the justice threat condition on modern racism via individual victim derogation was observed, along with moderating effects of individual differences in belief in a just world. These findings provide support for the alarming hypothesis that racist hate crimes are not only the manifestation of a racist society, but may also bolster racial prejudices if leniently treated. The results highlight the important role of political and judicial authorities, whose response or non-response to a hate crime can exacerbate or ameliorate existing prejudices.     

Twenty-First Century Punitiveness: Social Sources of Punitive American Views Reconsidered

Objectives

This study considers the social determinants of twenty-first century punitive American views.

Methods

Using General Social Survey data for 2000 and 2014, this research seeks to replicate Unnever and Cullen’s analysis of the determinants of punitive American views in 2000, extend their analysis to consider animus toward the poor as a predictor of punitive views, and consider the social foundations of punitiveness in 2014.

Results

Our analysis replicates Unnever and Cullen’s (Criminology 48: 99–129, 2010) findings for 2000 and identifies previously obscured indirect effects of anti-Black racial stereotypes on punitiveness. In our extension analyses, animus toward the poor was a significant predictor of punitiveness in 2000. For 2014, we find that anti-Black racial resentment, animus toward the poor, and social anxiety significantly predicted both support for the death penalty and the belief that courts are not harsh enough.

Conclusions

The social sources of American punitive views have not shifted fundamentally in the last 15 years. Both racial resentment and animus toward the poor have been and remain powerful predictors of punitive American views in the twenty-first century, controlling for other factors.

     

Experience Versus Expectation: Economic Insecurity,the Great Recession,and Support for the Death Penalty

Scholars have theorized that people who report past economic hardship and those who forecast future economic instability will be more likely to support punitive criminal justice policies than those who do not. Only recently have researchers begun to empirically examine this association, and the findings from this small literature have been highly inconsistent. The current study contributes to this line of inquiry by investigating a uniquely rich set of economic insecurity measures included in a very large national survey (N = 9,060) fielded during a time period of special theoretical salience: the Great Recession of 2007–2009. Specifically, using survey data from the Cooperative Campaign Analysis Project, we explore the effects of experienced and expected personal, vicarious, and societal economic insecurity on support for the death penalty. Contrary to the hypotheses, expectations of future economic insecurity are negatively associated with death penalty support, but this relationship is conditional on respondents’ demographics.     

Symbolic Racism and Whites’ Attitudes Towards Punitive and Preventive Crime Policies

This study analyzes the determinants of Whites' support for punitive and preventive crime policies. It focuses on the predictive power of beliefs about race as described by symbolic racism theory. A dataset with 849 White respondents from three waves of the Los Angeles County Social Survey was used. In order to assess the weight of racial factors in crime policy attitudes, the effects of a range of race-neutral attitude determinants were controlled for, namely individual and structural crime attributions, perceived seriousness of crime, crime victimization, conservatism and news exposure. Results show a strong effect of symbolic racism on both types of crime policies, and in particular on punitive policies. High levels of symbolic racism are associated with support for tough, punitive crime policies and with opposition to preventive policies. Sub-dimensions of symbolic racism qualified these relationships, by showing that internal symbolic racism (assessing perceived individual deficiencies of Blacks) was most strongly predictive of punitiveness, whereas external symbolic racism (denial of institutional discrimination) predicted opposition to structural remedies. On the whole, despite the effects of race-neutral factors, the impact of symbolic racism on policy attitudes was substantial. Thus, White public opinion on both punitive and preventive crime policies is at least partially driven by racial prejudice.     

Racial Differences in Public Support for the Death Penalty: Can Racist sentiment and Core Values Explain the Racial Divide?

Prior research has established a strong and enduring “racial divide” in support for capital punishment, but little research has explored the processes that explain the racial divide. Following the lead of Unnever and Cullen (Social Forces 85:1281–1301, 2007a), this research explores whether racist sentiment and core values (individualism, egalitarianism, symbolic patriotism, and authoritarianism) can partially explain the racial divide in public support for capital punishment. The findings suggest that racist sentiment by Whites and belief in core values by Whites partially explains the racial divide in support for capital punishment.     

THE SOCIAL SOURCES OF AMERICANS' PUNITIVENESS: A TEST OF THREE COMPETING MODELS*

The sustained movement to “get tough” on crime, especially through mass imprisonment, has prompted several prominent efforts to explain the public's harshness toward crime. From the extant literature, we demarcate the following three competing theories of public punitiveness: the escalating crime-distrust model, the moral decline model, and the racial animus model. Controlling for other known predictors of crime-related opinions, we test the explanatory power of these perspectives to account for support for the death penalty and for a punitive crime-control approach. Our analysis of a national sample of respondents surveyed in the 2000 National Election Study reveals partial support for each model. Racial animus, however, seems to exert the most consistent effect on public sentiments. This finding suggests that racial resentments are inextricably entwined in public punitiveness and thus should be incorporated into any complete theory of this phenomenon.     

The Impact of the Rape/Sexual Assault Statutory Aggravating Factor on Death Sentencing Decision Making in Capital Murder Trials in North Carolina (1977–2009): A Propensity Score Matching Approach

It was not too many decades ago that rape was a crime for which the death penalty was a permissible punishment in the United States, particularly in death penalty states in the South. Relatedly, historical and contemporary death penalty research almost always focuses on the role of the race of the defendant and, more recently, the race of the victim and defendant–victim racial dyads as being relevant factors in death penalty decision making. As such, the current study employs data from official court records for the population of capital trials (n = 954) in the state of North Carolina (1977–2009) to evaluate the effect of the rape/sexual assault statutory aggravating factor on jurors’ decision to recommend the death penalty. Results suggest that cases in which rape is an aggravating factor had a significantly greater odds of receiving a death penalty recommendation, and these results are robust after also considering the independent effects of defendant–victim racial dyads, even following the application of propensity score matching to equate cases on a host of defendant and victim characteristics, legal and extralegal confounders, and case characteristics. Study limitations and implications are discussed.     

Preference for the Diversity Policy Label Versus the Affirmative Action Policy Label

Study 1 assessed associations with the labels “diversity policy” (DP) and “affirmative action policy” (AAP) and perceptions of potential policy components. Student and community participants (N = 143) completed a survey assessing associations with one of the policy labels. Both policies evoked similar associations such as “race/minorities” and “equality/equal opportunity,” but the AAP was more often associated with “bias/inequality/discrimination,” “unfairness,” and “racism/prejudice.” When rating potential policy components, reverse discrimination was considered more likely under the AAP. In Study 2 we explored the evaluation of equivalent policy components associated with different policy labels. Student participants (N = 126) rated the policy labeled as the DP more favorably than the AAP. Both studies suggest more favorable attitudes toward the DP label.     

RACIAL THREAT,PARTISAN POLITICS,AND RACIAL DISPARITIES IN PRISON ADMISSIONS: A PANEL ANALYSIS*

Why are racial disparities in imprisonment so pronounced? Studies of alternative outcomes in the criminal justice system find positive relationships between minority presence and punitive outcomes. Therefore, it is puzzling that the studies of racial incarceration ratios find negative relationships between this presence and such discrepancies. We use a pooled time‐series design to resolve this dilemma. Successful Republican attempts to link crime with public concerns about a dangerous racial underclass also suggest that where these racial appeals are successful, African Americans should face higher incarceration rates than whites. In contrast to prior research, our results are consistent with findings about other criminal justice outcomes. They show that an inverted, U‐shaped, nonlinear relationship is present between African‐American presence and racial disparities in imprisonments. Additional results indicate that the presence of African Americans in deep southern states and greater support for Republican presidential candidates together with increases in the most menacing crime (which often is blamed on African Americans) also help to explain these discrepant racial prison admission rates.     

Goal Conflict in Juror Assessments of Compensatory and Punitive Damages

Recent tort reform debates have been hindered by a lack of knowledge of how jurors assess damages. Two studies investigated whether jurors are able to appropriately compartmentalize compensatory and punitive damages. In Study 1, mock jurors read a trial summary and were asked to assess compensatory and punitive damages in one of three conditions: (a) compensatory damages only, (b) punitive damages for the plaintiff, or (c) punitive damages for the state treasury. Results suggest that jurors who did not have the option to award punitive damages inflated compensatory damages via pain and suffering awards. Jurors were marginally more likely to award punitive damages when the plaintiff was the recipient. Mock jurors in Study 2 read a similar case summary and were asked to assess compensatory and punitive damages. Two factors were varied in Study 2: (a) egregiousness of the defendant's conduct, and (b) the recipient of any punitive damages (the plaintiff vs. a consortium of state funds). Jurors were more likely to award punitive damages when the defendant's conduct was more egregious and when the plaintiff was the recipient. The results suggest leakage between compensatory and punitive damage judgments, contrary to the law's mandate.     

Distrust of Government, the Vigilante Tradition, and Support for Capital Punishment

This study probes the interconnections among distrust of government, the historical context, and public support for the death penalty in the United States with survey data for area-identified samples of white and black respondents. Multilevel statistical analyses indicate contrary effects of government distrust on support for the death penalty for blacks and whites, fostering death penalty support among whites and diminishing it among blacks. In addition, we find that the presence of a "vigilante tradition," as indicated by a history of lynching, promotes death penalty support among whites but not blacks. Finally, contrary to Zimring's argument in The Contradictions of Capital Punishment , we find no evidence that vigilantism moderates the influence of government distrust on support for the death penalty, for either whites or blacks. Our analyses highlight the continuing influence of historical context as well as contemporary conditions in the formation of public attitudes toward criminal punishment, and they underscore the importance of attending to racial differences in the analysis of punitive attitudes.     

PUNITIVE SENTIMENT

Scholarship has long noted the importance of understanding the changes that occur over time in aggregate public support for punitive criminal justice policies. Yet, the lack of a reliable and valid measure of this concept limits our understanding of this aspect of the criminal justice system. This research develops a measure of public support for punitive policies from 1951 to 2006 using 242 administrations of 24 unique survey indicators. It argues that punitive sentiment is politically constructed via frames focusing on the permissiveness of the criminal justice system. Punitive sentiment is estimated with an error‐correction model showing both the short‐ and long‐term relationships between punitive sentiment and presidential framing of crime, public dissatisfaction with social welfare policies, and perceptions of racial integration. The results highlight the complex dynamics responsible for the change over time in punitive sentiment as well as the possibilities of obtaining public support for alternative solutions to crime.     

RELIGION,DISCRIMINATORY ATTITUDES AND THE ORIENTATIONS OF JUVENILE JUSTICE PERSONNEL: A RESEARCH NOTE*

Advancements in the understanding of racial and gender disparity in case outcomes are evident in the theoretical and empirical refinements that emphasize the contingencies of decision making. In this article, we argue that a conservative world view reflects a patterning of attitudes that includes interrelationships among beliefs in a literal interpretation of the Bible and racial and gender stereotyping. Our hypothesis is that this conservative resonance will predict more punitive correctional orientations among a sample of juvenile justice personnel. The findings provide support for the existence of a conservative patterning of attitudes that predict punitive orientations. The resonance is less effective in explaining rehabilitative philosophies. The results have implications for assessing the issue of racial and gender bias in the juvenile justice system.     

How fear of crime affects punitive attitudes

This article investigates different types of fear of crime as predictors for punitive attitudes. Using data from a Germany-wide representative survey (n = 1272) it examines the reliability and validity of survey instruments through confirmatory factor analysis (CFA) and uses structural equation modeling (SEM) to explain variations in the level of respondents’ punitive attitudes. The results show that different emotional and cognitive responses to crime have a distinctive effect on the formation of punitive attitudes. These effects vary significantly depending on socio-demographic factors and assumed purposes of punishment. A crucial observation of the study is that men’s fear of crime works in a different way in the formation of punitive attitudes than women’s fear of crime. The perceived locus of control for the crime threat is a possible explanation for this difference.     

‘Inappropriate but not crime’? Policing racial hatred in Sweden

ABSTRACT

Racial bias afflicts police practices across the globe. Police discrimination against and mistreatment of racial and ethnic minorities is indeed difficult to underestimate. While much attention has been thus paid to racially biased policing, fewer studies examine the question from the reverse angle, namely how the police themselves combat racist offences. This article offers empirical insights into the policing of racial hatred in Sweden, a relevant yet relatively understudied case. Drawing on interviews with police officers and crime investigators, I discuss law enforcement perspectives, e.g. perceptions and reasoning in relation to the investigation of racist offences. Findings evince a rather narrow approach as regards the constructions of racist motive that involves a relatively restricted use of bias labelling in identifying hate incidents, especially when the boundaries of racial hostility are perceived as blurred. I argue that while such an approach may reflect a legitimate effort to demonstrate the existence of a motive behind an offence, it may also lead to an underestimation of more mundane forms of racism and their harms inflicted upon racialized individuals and communities. The results have implications for ‘recognition’ and ‘belonging’ as benchmarks of democratic policing, and ‘the promise of inclusion’ associated with combatting hate crimes.     

Justice Concerns Can Feed Nationalistic Concerns and Impede Solidarity in the Euro Crisis: How Victim Sensitivity Translates into Political Attitudes

We investigated how victim sensitivity and news media exposure conjointly contribute to the formation of political attitudes in the context of the euro crisis. Study 1 (N = 208) showed that observer-sensitive individuals were more likely and victim-sensitive individuals were less likely to support solidarity with countries in need of financial support. These correlations were mediated by affective components of political attitudes, namely nationalistic concerns, resentment about and empathic concerns with debtor countries. In Study 2 (N = 51), using a pre–post within-subjects design, we showed that framing the euro crisis in an ‘exploitation frame” (compared to a ‘solidarity frame’) in news media reports was more likely to trigger nationalistic concerns and, consequently, decrease support of solidarity in victim-sensitive individuals compared to their less victim-sensitive counterparts. These results are in line with the SeMI model and previous findings that victim sensitivity is linked to fear of being exploited in intergroup relations.     

Law enforcement response to mental health crises: citizen risk factors and preferences for social policy*

Despite having the potential to affect cooperation and support for law enforcement, community preferences for police training are generally unstudied. This paper seeks to understand (1) general community preferences for police training for responding to mental health crises, (2) where the public prioritizes this mental health crisis training relative to racial bias training, and (3) whether these preferences vary depending on respondent demographics and risk factors for police contact. Survey data from a general sample of Portland, Oregon residents (N = 259) shows public support for police training on responding to mental health crises, but the public as a whole is split over whether mental health, or racial bias training, should be prioritized as the best use of police training time. Logistic regression analyses demonstrate three main findings regarding the impact of respondent characteristics on preferences for police training: (1) black respondents appear concerned that, by drawing attention to mental health crises, police will be more limited in their responses to racial bias; (2) respondents facing the greatest, and those with the least, amount of risk in police/citizen encounters are most supportive of mental health crisis training; and (3) mental illness itself does not appear to affect support for police mental health crisis training. These differences in support for training need to be understood before law enforcement can cultivate community support for police officers and their training practices.     

Punitive attitudes and causal attribution of crime among Israeli police officers: is there a gender gap?

Policy-makers and researchers have long been interested in the punitive attitudes and causal attribution of crime of police officers. Understanding the punitive attitudes and causal attribution of crime of those who enforce the law is necessary for both theoretical and practical reasons. The current study examines gender differences in punitive attitudes and causal attribution of crime among police officers at the beginning and at the end of their academic studies. One hundred and one police officers (47 policewomen and 54 policemen) participated in this study. The main results indicate that (a) policemen held more punitive attitudes than policewomen, (b) there were significant gender differences in the first year of academic study, with stronger support of classical theories (more punitive) among policemen compared with policewomen, but no gender differences were found in the last year, (c) police officers tended to attribute classical theories (more punitive) to the causes of crime regardless of gender and year of study, and (d) belief in individual positivism (less punitive) was greater among policemen than policewomen, and among the men, it was greater in the last year of studies than in the first year. The implications of these findings are discussed.