ISSUES AND MISCONCEPTIONS IN PRISONER LITIGATION: A CRITICAL VIEW*

In the past quarter-century, the number of suits filed by prisoners in federal courts has substantially increased. Critics have borrowed metaphors from ballistics or pathologv to describe this increase as an “epidemic” of “legal pollution” or an “explosion.” The causes of this “hyperlexis,” or excessive litigation, are often attributed to prisoners' attempts to retry their cases once they have lost, or to some psychological attribute of plaintiffs who view litigation as a means of striking back at their keepers. This paper examines several common conceptions of prisoner litigation. National ling data from federal district courts are used to assess the merits of each. The data provide little support for many of the conceptions of and explanations for prisoner suits. It is suggested that prisoners' use of courts may be a form of social resistance to conditions for which there is no other legitimate avenue for relief:     

FACTORS INFLUENCING THE DECISION TO PROSECUTE ECONOMIC CRIME*

Increasing attention to the area of economic crime has raised questions about the abilities of social control agencies to handle this phenomenon effectively. While some research has focused on federal and state enforcement procedures, little is known about how local agencies attempt to deal with this form of crime. This study of a local county economic crime unit utilizes a logit analysis procedure to identify those factors which appear related to the decision to prosecute a case of economic crime. The analysis suggests that cases in which the defendant is an individual, the victim is an organization, and there is more than one victim more frequently result in prosecution. A theoretical framework emphasizing the demand for performance statistics in the face of limited resources is used as a means of explaining the observed pattern in the data.     

CIVIL LITIGATION IN ILLINOIS TRIAL COURTS

This article analyzes civil litigation in Illinois trial courts for the years 1965, 1970, and 1975 using county-level data. Of particular interest is the relationship between civil litigation on one hand and socioeconomic and political culture indicators on the other. Borrowing from the idea of a social development perspective, the analysis emphasizes rural-urban differences. It shows that higher rates of litigation tend to be characteristic of more urbanized, somewhat more culturally modern, and slightly more industrialized counties; and that lower rules tend to be characteristic of more rural, agricultural, and somewhat more traditional counties. Although the data are limited, the analysis also finds some broad rural-urban differences in trial court business. Overall, socioeconomic indicators appear to be more important, with political culture playing only a secondary or tertiary role.     

PROBATION AND PAROLE: PUBLIC RISK AND THE FUTURE OF INCARCERATION ALTERNATIVES*

Jail and prison populations in the United States have continued to grow unabated during the past two decades but crime rates have not declined. Partly in response to the pressures caused by burgeoning correctional populations, the use of alternatives to incarceration has expanded. An ongoing debate centers on the effectiveness of these alternatives. Many criminal justice professionals and some researchers question whether such alternatives seriously restrict the criminal justice system 's ability to incapacitate the active offender. This study deals specifically with two alternatives to incarceration: probation and parole. We examine offender recidivism for a sample of probationers and parolees active in New Orleans, Louisiana, and offer a new approach to addressing the effectiveness issue. Past research has evaluated the effectiveness of alternatives by examining failure rates of diverted offenders. High failure rates, we argue, do not necessarily imply a significant loss of the incapacitative effects of imprisonment. We suggest that a more appropriate measure of the loss of incapacitative effect is the proportion of all offenses committed by persons on probation or parole. Our results suggest that such losses are surprisingly low. The policy implications of our findings are discussed.     

JUDGES' UNEQUAL CONTRIBUTIONS TO EXTRALEGAL DISPARITIES IN IMPRISONMENT*

How do judges in the same court system contribute differentially to extralegal disparities in sentencing? Analyses of felony sentencing in an urban Ohio trial court uncovered two distinct but equal-sized groups of judges that differed in the magnitude of extralegal correlates to imprisonment. Within the group of judges reflecting substantive extralegal correlates to prison sentences, demographic correlates (based on defendants' race, sex, age, and the interaction between them) were more pervasive across judges relative to social demographic correlates (based on education, residence length, and means of financial support). The directions of significant relationships involving a defendant's race, age, and means of support also were inconsistent across judges. These interjudge differences suggest that analyses of cases pooled across judges at either the jurisdiction or the state level might over- or understate the relevance of particular attribution theories of sentencing disparities.     

TO KILL OR NOT TO KILL? LETHAL OUTCOMES IN INJURIOUS ATTACKS*

This research explores the utility of the notion of lethal intent for understanding the outcomes of injurious attacks. We suggest that assailants sometimes kill rather than merely injure victims to avoid either retaliation or criminal prosecution. We hypothesize that, for these tactical reasons, offenders will be more likely to kill when they have no accomplices, when their victims are male or black, and when the victim can identify them. These hypotheses are tested with a merged data set containing information on homicides and nonlethal victimizations involving robbery, rape, and pure assault. The results of multiple logistic regression analyses are largely consistent with theoretical expectations.     

RACIAL DIFFERENCES IN EXPOSURE TO CRIME: THE CITY AND SUBURBS OF CLEVELAND IN 1990*

Do minorities live in higher crime neighborhoods because they lack the class resources to live in better areas, or do racial differences in exposure to crime persist even for blacks and whites of comparable backgrounds? Does living in the suburbs reduce exposure to crime equally for whites and blacks? This study analyzes the determinants of living in local areas with higher or lower crime rates in the Cleveland metropolitan region in 1990. Multivariate models are estimated for whites and blacks, with separate models for city and suburban residents and for violent crime and property crime. Within the city, exposure to both types of crime is strongly related to socioeconomic status for both races, but there are also strong independent effects of race on exposure to violent crime. In the suburbs, whites are concentrated in communities with low crime rates regardless of their social class. There are substantial class differences among suburban nonwhites, but even afluent blacks live in places with a higher violent crime rate than do poor whites.     

DISCRETION AND DISPARITY UNDER SENTENCING GUIDELINES: THE ROLE OF DEPARTURES AND STRUCTURED SENTENCING ALTERNATIVES*

This article examines the use of alternative sentencing provisions as mechanisms for departing from sentencing guidelines in Washington State and as structural sources of unwarranted sentencing disparity. The authors argue that these structural features of guidelines not only serve as “windows of discretion” through which disparities arise, but they also may encourage disparities by requiring consideration of substantive criteria that disadvantage certain offender groups. The analyses find that males and minority offenders are less likely to receive alternative sentences below the standard range, but that race‐ethnicity and gender have inconsistent effects on departures above the standard range. Theoretical implications of the study are discussed.     

WHERE OFFENDERS CHOOSE TO ATTACK: A DISCRETE CHOICE MODEL OF ROBBERIES IN CHICAGO*

Why do robbers choose a particular area to commit an offense? Do they rob close to home? Do they search for areas with suitable and attractive targets? What keeps them away from certain areas? To answer these questions, a model is developed of how robbers choose target areas. The model draws on various theoretical and empirical traditions, which include environmental criminology, journey to crime research, gang research, and social disorganization theory. Testing the model on cleared robbery cases in Chicago in the years 1996–1998, we demonstrate that robbery location choice is related to characteristics of target areas, to areas where offenders live, to joint characteristics of the resident and target areas, and to characteristics of the offenders themselves. The presence of illegal markets and other crime generators and crime attractors make areas attractive for robbers, whereas collective efficacy seems to keep them out. Distance as well as racial and ethnic segregation restrict the mobility of offenders.     

STABILITY AND CHANGE IN ANTISOCIAL BEHAVIOR: THE TRANSITION FROM ADOLESCENCE TO EARLY ADULTHOOD*

This longitudinal research, based on two samples of respondents who were differentially involved in delinquency as teenagers, identifies latent trait and life‐course correlates of the persistence of antisocial behavior into young adulthood. The data show that prior delinquency is a stable predictor among respondents in both our household and institutional samples. However, although social bonding has a substantial impact on continued criminality among the household respondents, its influence is minimal among those who were previously institutionalized. The data suggest that the bonding levels and antisocial behavior of serious offenders are more resistant to change than are those of more typical and less serious offenders.     

NEGOTIATING ORDER IN PATROL WORK: AN ECOLOGICAL THEORY OF POLICE RESPONSE TO DEVIANCE*

The recent renaissance of ecological research in criminology has brought with it a renewed interest in the relationship between crime and social control in local communities. While several researchers have noted that the police are a critical part of the community crime-control puzzle, there is very little research and no theory that addresses variation in police behavior across physical space. In an attempt to further understand police operations in local communities, this article offers a theory that explains how levels of crime and other forms of social deviance in communities affect police action. The article concludes with a discussion of the implications of the theory for understanding how police behavior varies across physical space and how crime patterns develop and are sustained in local communities.