Race and Juvenile Incarceration: A Propensity Score Matching Examination

Disproportionate minority contact is an important issue in contemporary juvenile justice. Few studies have directly examined the link between race and judicial decision to incarceration. Using official data from Pennsylvania (n?=?41,561), this study added to this literature in two ways. This study used propensity score matching to obtain a purer estimate of the influence race has on the decision to petition a case to juvenile court. The results indicated that prosecutors use perceptual shorthand in making this decision that hinges on race. Specifically, blacks were more 1.28 times more likely than whites to have their case petitioned to juvenile court.     

A Critical Examination of the “White Victim Effect” and Death Penalty Decision-Making from a Propensity Score Matching Approach: The North Carolina Experience

Purpose

Death penalty research has rather consistently demonstrated a statistically significant relationship between defendant race and victim race in general, and for the Black defendant/White victim race dyad specifically. The bulk of this evidence has been derived from correlational studies and from cases over relatively condensed time frames.

Methods

The current study uses data from North Carolina (n = 1,113) over several decades (1977–2009) to evaluate the link between defendant/victim racial dyad and jury death penalty decision-making.

Results

Results suggest that there is an apparent “White victim effect” that can be observed in death penalty decision-making in traditional logistic regression models. Yet, once cases are matched via propensity score matching on approximately 50 case characteristics/confounders including the type of aggravators and mitigators accepted by the jury in addition to the number of aggravators and mitigators accepted, the relationship is rendered insignificant. Furthermore, these results hold for a defendant of any race killing a White victim and for the “most disadvantaged” situation for Black defendants (e.g., cases with White victims).

Conclusions

The “White victim effect” on capital punishment decision-making is better considered as a “case effect” rather than a “race effect.”     

Sentencing Disparity and Sentencing Guidelines: the Case of China

Asian Journal of Criminology - This study investigates sentencing disparity under the sentencing guidelines in China. Drawing upon the firsthand data of 509 criminal cases from a county-level court...     

From Disparity in Sentencing Towards Sentencing Equality: The German Experience

This article addresses movements in Germany towards greater uniformity in sentencing since the entry into force of the first federal criminal code in 1871, with a particular focus on developments since the second half of the twentieth century. The author reviews the empirical evidence for sentence disparity; addresses the limitations of the constitutional principle of equality as a means for overcoming sentencing disparity; identifies the causes of sentence disparity and tracks practical efforts made to overcome that disparity, specifically through the introduction of prosecutorial guidelines and judicial manuals for certain frequent types of offending. He also explains and critiques different theoretical models for increasing sentencing equality, and reviews the advantages and potential uses of sentencing information systems such as a judgment database created in Japan. The author then turns to the contribution made by the appellate courts to greater uniformity in sentencing and expresses the hope that recent trends towards intensified guidance for trial courts in appeals concerning tax offences will be extended to other types of offences as well.     

Using Propensity Score Matching to Understand the Relationship between Gang Membership and Violent Victimization: A Research Note

Due to methodological limitations, such as unmatched gang samples and a lack of longitudinal investigations, it remains unresolved whether joining a gang leads to future violent victimization or both share a set of common causes. Guided by selection, facilitation, and enhancement perspectives, the current study applied Propensity Score Matching on data from the Gang Resistance Education and Training longitudinal study to investigate the nature of the gang‐violent victimization relationship. Results indicated antecedent differences between those who did and did not join gangs, particularly violent victimization and delinquency. When gang and non‐gang members with similar propensities for joining were matched, the relationship between gang membership and violent victimization dissipated. Findings suggest policy attention to early delinquency and victimization risk factors generally.     

Revisiting the Use of Propensity Score Matching to Understand the Relationship between Gang Membership and Violent Victimization: A Cautionary Note

Previous research has consistently reported that gang members are more likely to experience violent victimization compared to non‐gang members. Recently, however, a study challenged this conventional wisdom using the Gang Resistance Education and Training (GREAT) data. Employing propensity score matching (PSM), this study reported no significant differences in violent victimization between gang and non‐gang members. Upon closer examination of the GREAT data and the PSM process used in this study, we note several theoretical, methodological, and statistical concerns. We reanalyze the GREAT data using both negative binomial regression and PSM. We find that self‐reported gang members were significantly more likely to report subsequent violent victimization compared to non‐gang members. Although contrary to this previous study, our findings are consistent with the bulk of previous empirical research and widely held beliefs about the relationship between gang membership and violent victimization.     

Sentencing Recommendations by Probation Officers and Judges: An Examination of Adult Offenders Across Gender

Connecting the courtroom workgroup model with attributions and stereotyping based on the focal concerns perspective and gender sentencing literature, the present study investigates the extent to which probation officer recommendations influence judicial sentencing, and whether the gender of the offender further conditions this relationship. Results from logistic and ordinary least squares regression indicate that there is concordance between probation officer recommendations and sentencing by judges. Offender gender has both direct and indirect effects on judicial sentencing through its relationship with probation officer recommendations, and Black males tend to receive lengthier sentences than other race/gender counterparts. These findings provide evidence that probation officer recommendations are an important part of the sentencing process and offer additional insight on how extralegal factors such as gender and race impact criminal justice decision making.     

Examining the Impact of Ecological Contexts on Gender Disparity in Federal Sentencing

Gender disparity in sentencing outcomes has been well established in literature. Recent research has increasingly paid attention to social contexts within which judicial decision-making occurs. This study combines these two lines of research by dissecting the nature of gender disparity through ecological lenses. Using 2008–2010 federal sentencing data, we examine the roles of religious and political conservatism in affecting gender-based sentencing disparity. We find that religious and political conservatism reduces gender disparity, with the female discount dissipating in court communities with higher levels of religious and political conservatism. We also find that the conditioning effects of both religious conservatism and political conservatism on gender disparity further interact with race, with black female defendants more likely to be influenced by religious and political conservatism than their white counterparts. Overall, this study contributes to sentencing literature by demonstrating that gender disparity is deeply entrenched in the ecological contexts of court communities.     

Sentencing Female Misdemeanants: An Examination of the Direct and Indirect Effects of Race/Ethnicity

Little is known about the predictors of sentencing for the typical female offender—one who commits a misdemeanor or lesser offense. Moreover, although ample discussions of racial/ethnic disparity in sentencing may be found in the extant literature, most researchers have focused on what happens to males who commit felonies. Thus, to help fill a void I examine the likelihood of receiving a jail sentence among a sample of cases for female misdemeanants. All were convicted in New York City's Criminal Court. I account for direct and indirect effects by estimating a causal model that predicts the sentencing outcome. Race/ethnicity did not directly affect sentencing. Indirect effects, however, were found. Black and Hispanic females were more likely to receive jail sentences than their White counterparts due to differences in socio‐economic status, community ties, prior record, earlier case processing, and charge severity.     

A Proposed Determinate Sentencing Model In Virginia: An Empirical Evaluation

After a brief presentation of issues that preceded the current disillusionment with the indeterminate sentencing practices in juvenile justice, the authors describe a determinate sentencing model being proposed in Virginia. Then, data are discussed comparing length of sentence under the proposed model to incarceration periods under the present indeterminate structure according to offense history, age, gender, and race. Finally, some immediate implications of the proposed model of sentencing are discussed.     

Sentencing Contempt of Court in International Criminal Justice: An Unforeseen Problem Concerning Sentencing and Penalties

International criminal tribunals, like any criminal court, havebeen faced with offences against the administration of justice,such as contempt of court. The power of the UN ad hoc Tribunalsto punish these offences has raised problematic issues mainlyconcerning respect for the principle of legality (includingfrequent amendments to contempt-provisions, and the substantialincrease of the sentencing frame for contempt within only afew years). This article seeks to clarify some aspects concerningapplicable penalties and sentencing for contempt of court throughthe examination of the case law of the ad hoc Tribunals andthe Special Court for Sierra Leone, discussing its implicationsfor the principle of legality. It is argued that the processfollowed in sentencing contempt is in many aspects not dissimilarto the traditional judicial practice of the Tribunals concerningpurposes of punishment, aggravating and mitigating circumstancesand guilty pleas.     

Sentencing disparity: An analysis of judicial consistency

This paper reports the results of an analysis of judicial disparity in the sentencing of persons represented by legal-aid lawyers. Because the socioeconomic characteristics of legal-aid clients are fairly uniform, the analysis of such cases made it possible to explore the influence of case facts, system factors, and the judicial disparity of the sentences given in relatively similar situations. The analysis finds that case facts and offender characteristics, particularly prior record, are good predictors of sentence type and excellent predictors of sentence length. While there was some indication of judicial inconsistency in sentence-type decisions, that is, unexplained variation from case to case, there was little indication of strong individual judicial bias across the cases used in the analysis.     

Alcohol and Drug Mitigation in Capital Murder Trials: Implications for Sentencing Decisions

Analyses of the impact on sentencing when alcohol and drug‐related mitigation is used in the sentencing phases of capital murder trials is virtually absent from the existing literature. The present study addresses this by exploring the effect of having mitigation with alcohol and drug themes accepted in a large sample (n = 804) of capital murder trials in North Carolina. Logistic regression analyses that include a number of relevant control variables reveal no substantive impacts of having alcohol mitigation accepted by capital murder juries, but drug mitigators that were either accepted or rejected by juries were associated with an increased risk of receiving a death sentence. Possible reasons for the results and their implications are discussed and suggestions are made for further study of the effects of alcohol/drug mitigation in capital trials.     

Predictors of Support of Legislation Banning Juvenile Executions in Oklahoma: An Examination by Race and Sex

The Supreme Court has recently decided to re‐examine the constitutionality of executing individuals under the age of 18 at the time of the offense. The Supreme Court’s reliance on public opinion as evidenced through opinion polls and changing laws in the 2002 Atkins decision has suggested that public opinion may play a role in the Court’s decision regarding juvenile executions. There is considerable evidence that the majority of Americans favor a ban on juvenile executions. In the current study, we use Oklahoma data collected in 2003 by the Oklahoma University Public Opinion Learning Laboratory to examine more closely the factors that predict a support of a ban on juvenile executions. Interestingly, only one fourth of Oklahomans oppose such a ban. Earlier research suggested that religious fundamentalism is linked to support of juvenile executions, but we did not find this, suggesting that public opinion may be shifting. We then analyzed the data separately by race and then by sex. Our findings suggest that there may be differences between groups in the predictors of support for a ban on juvenile executions, at least in Oklahoma, indicating the need for further research.     

Defendant and juror race in a necessity case: An ultimate attribution error

This study investigated whether Black and White mock jurors would commit the ultimate attribution error (i.e., over-rely on dispositional explanations to understand the negative actions of out-group members) in a necessity defense case. Participants (N = 97) read a fictional looting case, in which the race of the defendant varied. Mock jurors were expected to show out-group severity through more guilty verdicts and blame attributions. Mock juror and defendant race were not significantly related to verdicts, but for the Black defendant, White mock jurors attributed more control to him, and believed he was likely to reoffend more so than did Black mock jurors. This study adds to the literature on the mechanism by which racial bias interferes with juror decisions.     

Evaluating the Role of Race in Sentencing: An Entropy Weighting Analysis

The current study builds on prior research examining racial disparities in sentencing. Entropy weighting is introduced as a new method for estimating racial disparities that has several advantages over traditionally used methods. Entropy weighting is compared to regression and propensity score methods in estimating Black-White disparities in incarceration sentences. Although all methods find non-significant racial disparities in incarceration sentences, regression and propensity score methods underestimate disparities in incarceration sentence lengths. Entropy weighting provides comparable estimates to propensity score methods, but assures that the samples are identical on all covariates aside from race. The method offers researchers a useful and flexible approach for estimating racial disparities in criminal justice, and its use may lead to alternative conclusions about the size and presence of racial disparities in sentencing.     

立宪主义声音的一种侧听——对民主主义的历史省思

民主主义的演变史夹杂着立宪主义的批评声,批评的焦点指向民主主义的极端化倾向———将人民主权绝对化和神圣化的观念。民主主义两个流脉中贯穿着与立宪主义的对立和妥协,其根源在于洛克和卢梭两个思想原点蕴含着不同的价值选择;立宪主义力图克服民主主义的内在缺陷,对其进行价值补正和观念破解。历史给我们的警示和启示是民主主义必须融合立宪主义价值;民主主义的人权和自由之理想唯在立宪主义的牵制和平衡下方能实现。     

The Impact of Imprisonment on Marriage and Divorce: A Risk Set Matching Approach

Marriage has a prominent place in criminological theory and research as one institution that has the potential to genuinely foster desistance from a criminal career. Mass imprisonment policies in the United States and elsewhere, therefore, pose a potential threat of increased crime if they impede the ability of ex-prisoners to reintegrate into society by stigmatizing them and limiting their chances in the marriage market. We use a long-term study of a conviction cohort in The Netherlands to ascertain the effect that first-time imprisonment has on the likelihood of marriage and divorce. The results suggest that the effect of imprisonment on the likelihood of marriage (among unmarried offenders) is largely a selection artifact, although there is very weak evidence for a short-lived impact that does not persist past the first year post-release. This is interpreted as a residual incapacitation effect. On the other hand, the results strongly suggest that the experience of incarceration leads to a substantially higher divorce risk among offenders who are married when they enter prison.     

Developing Sentencing Guidelines in Massachusetts: A Work in Progress

Sentencing guidelines legislation is currently under consideration by the Massachusetts legislature. This paper discusses the process used by the Massachusetts Sentencing Commission in formulating the sentencing guidelines legislation. The conceptual model and key substantive considerations associated with the sentencing guidelines are summarized, with special attention to two salient issues – intermediate sanctions and mandatory sentencing and their relationship to the sentencing guidelines. The paper concludes with a discussion of the reactions to the guidelines legislation and the prospects for passage.     

A Pimp's Game: A Rational Choice Approach to Understanding the Decisions of Sex Traffickers

We employ a rational choice framework to understand the conditions under which sex traffickers allow their victims access to telecommunications devices while under their control. We posit that sex traffickers are rational actors who make calculated decisions regarding whether to allow their victims access to the Internet and cell phones. We hypothesize that sex traffickers allow younger victims and those they did not defraud in the recruitment process greater access to telecommunications devices because these decisions maximize their payoffs with minimal risk. However, we hypothesize that younger victims’ access to telecommunications devices is conditional on whether they have been defrauded in recruitment. In order to test these hypotheses, we deployed a survey to 115 victims of sex trafficking in the United States to learn about how they were recruited by their sex trafficker and the level of access they had to technology while under their sex trafficker's control. We find support for all of our hypotheses. The results have serious implications for criminal justice policy and practice.