Juror decision making for juveniles tried as adults: the effects of defendant age,crime type,and crime outcome

This study examined the influences of the crime type (person or property) and the crime outcome (mild or severe) on mock jurors’ verdict and sentencing decisions for adult defendants and juvenile defendants tried as adults. Jurors read a trial summary depicting a defendant charged with aggravated robbery or second-degree burglary. The crimes had either mild or severe damage inflicted on the person or property, and the defendant's age was presented as 14 or 24. Neither the defendant age nor the crime outcome affected jurors’ verdicts; however, jurors were more likely to convict a defendant charged with a crime against a person. Jurors recommended longer sentences for an adult defendant, a defendant charged with a crime against a person, and a defendant charged with a crime with a severe outcome. The discussion explored these outcomes and the role of bias in jurors’ perceptions of defendants.     

Perception of Seriousness and Concern about White-Collar Crime: Some Results of an Opinion Survey Among Swiss Banks

Scientifically, little is known about white-collar crime in Switzerland or concern about white-collar crime and even less about how concerned bank employees are about this criminality. This article is based on a small opinion survey of Swiss bank employees and tries to explore perceptions of seriousness and concern about white-collar crime among people who, in their position, might have to face this issue regularly. Past assumptions on the public’s indifference towards white-collar crime seem not to be confirmed in this study as the results obtained demonstrate a greater sensitivity with respect to white-collar crime and especially towards crimes perpetrated by corporations. Even though Swiss bank employees do qualify white-collar offences as very serious acts, they are still more punitive with regard to ordinary crimes.     

The impact of racial slurs and racism on the perceptions and punishment of violent crime

When a crime is committed by an individual of one race against an individual of another race, there is the possibility that the crime is a hate crime. Legislation often mandates harsher penalties for perpetrators convicted of crimes determined to be hate crimes, yet this determination is difficult to make. This study used vignettes of violent crimes to examine how the races of the perpetrators and victims, the severity of the assault, and the use of racial slurs by the perpetrators would affect perceptions of the crimes as "hate crimes," victim blaming, and sentencing recommendations. Results showed that each of these factors affected participants' perceptions and punishments of violent crime. Participants' levels of racism were an additional factor. These results contribute to the understanding of how crimes in which the perpetrator's and victim's races differ are perceived.     

The role of neurological and psychological explanations in legal judgments of psychopathic wrongdoers

Although brain imaging has recently taken center stage in criminal legal proceedings, little is known about how neuroscience information differentially affects people’s judgments about criminal behavior. In two studies of community participants (N = 1161), we examined how mock jurors sentence a fictional psychopathic defendant when presented with neurological or psychological research of equal or ambiguous scientific validity. Across two studies, we (a) found that including images of the brain did not alter mock jurors’ sentencing judgments, (b) reported two striking non-replications of previous findings that mock jurors recommend less severe punishments to defendants when a neuroscientific explanations are proffered, and (c) found that participants rated a psychopathic individual as more likely to benefit from treatment and less dangerous when a neurological explanation for his deficits was provided. Overall, these results suggest that neuroscience information provided by psychiatrists in hypothetical criminal situations may not broadly transform mock jurors’ intuitions about a psychopathic defendant’s sentence, but they provide novel evidence that brain-based information may influence people’s judgments about treatability and dangerousness.     

Defendant and Victim Sex,Sexism, and Decision Making in an Ambiguous Assault Case

The aim of the present study was to better understand how the sex of a defendant and of a victim in an ambiguous assault case impact juror verdicts and perceptions of the defendant. Juror sexist attitudes and the impact of these beliefs on decision making were also investigated. Mock jurors completed a measure of sexist attitudes and read a brief summary of an assault case in which the sexes of the defendant and victim were manipulated. Participants then rendered a verdict and provided sentencing recommendations. Mock jurors recommended the harshest sentence for the male defendant who assaulted a female victim. However, the female defendant, regardless of victim sex, was perceived as more psychopathic. Results are discussed in terms of the selective chivalry theory of sexism.     

Direct and Indirect Effects of Case Complexity, Guilty Pleas, and Offender Characteristics on Sentencing for Offenders Convicted of a White-Collar Offense Prior to Sentencing Guidelines

Previous research on the punishment of offenders convicted of a white-collar offense estimated models that specify only direct effects of defendant characteristics, offense-related variables, and guilty pleas on sentence severity. Drawing from conflict or labeling theories, much of this research focused on the effects of offender's socioeconomic status on sentence outcomes. Findings from this research are inconsistent about the relationship between defendant characteristics and sentence severity. These studies overlook how differences in case complexity of white-collar offense and guilty pleas may intervene in the relationship between offender characteristics and sentence outcomes. This study seeks to contribute to an understanding of federal sentencing prior to the federal sentencing guidelines by testing a legal-bureaucratic theory of sentencing that hypothesizes an interplay between case complexity, guilty pleas and length of imprisonment. This interplay reflects the interface between the legal ramifications of pleading guilty, prosecutorial interests in efficiency and finality of case disposition in complex white-collar cases, and sentence severity. Using structural equation modeling, a four-equation model of sentencing that specifies case complexity and guilty pleas as intervening variables in the relationship between offender characteristics and length of imprisonment is estimated. Several findings are noteworthy. First, the hypothesized interplay between case complexity, guilty pleas, and sentence severity is supported. Second, the effect of offender's educational attainment on sentence severity is indirect via case complexity and guilty pleas. Third, offender's race and gender effect length of imprisonment both directly and indirectly through the intervening effect of case complexity and guilty pleas. These findings indicate the need to specify sentencing models that consider the direct and indirect effects of offender characteristics, offense characteristics, and guilty pleas on judicial discretion at sentencing.     

A mock juror investigation of blame attribution in the punishment of hate crime perpetrators

We examined blame attribution as a moderator of perceptions of hate crimes against gay, African American, and transgender victims. Participants were 510 Texas jury panel members. Results of vignette-based crime scenarios showed that victim blame displayed significant negative, and perpetrator blame significant positive, effects on sentencing recommendations. Also as hypothesized, victim and perpetrator blame moderated the effect of support for hate crime legislation. Interaction patterns suggested that both types of blame attribution influence sentencing recommendations, but only for participants disagreeing with hate crime legislation. Three-way interactions with victim type also emerged, indicating that the effects of both types of blame attribution show particular influences when the victim is gay, as opposed to transgender or African American. Implications for attribution theory, hate crime policy, and jury selection are discussed.     

Disappearing act: The representation of corporate crime research in criminological literature

Following the labeling, conflict, and radical movements of the 1960s and 1970s and the attention these perspectives directed toward crimes committed by the powerful, it became commonplace for most criminologists to assume that corporate and white-collar crime received adequate attention in criminological and criminal justice literature. At the same time, corporate and white-collar crime researchers continued to assert that the behaviors they studied remain underrepresented in criminological literature, especially relative to the level of harm these behaviors cause. This article examines these two competing assumptions concerning the prevalence of corporate and white-collar crime literature during the later 1990s by: (1) analyzing the contents of several major criminological and criminal justice journals over a five-year time period; and (2) analyzing the coverage, placement, and integration of white-collar and corporate crime discussions in criminology and criminal justice textbooks. In addition, twenty-one Ph.D. granting criminology departments were polled to determine whether they offered regular and required courses on corporate and white-collar crime. Representativeness was determined through comparisons of the number of journal articles and the number of textbook pages published on white-collar and corporate crime indicators relative to the number of articles and pages published on several other criminological issues. Indicators of and the determination of representativeness are related to indicators of the seriousness (financial costs and level of violence) and impact of corporate and white-collar crime on society compared to the seriousness and impact of street crimes.     

Sentencing data-driven cybercrime. How data crime with cascading effects is tackled by UK courts

This paper contributes to research seeking to understand if and how legislation can effectively counter cybercrimes that compromise personal data. These ‘data crimes’, which are the ‘dark side’ of big data and the data economy enabled by cloud computing, display cascading effects, in that they empower disparate criminals to commit further crimes and victimise a broad range of individuals or data subjects. The paper addresses the under-researched area of sentencing, which, as the last step of the judicial process, plays a crucial role in how the law is interpreted and implemented.This paper investigates courts’ approach to the evolving technological environment of cybercrime captured by data crime and the cascade effect and whether the cascade effect can assist courts in dealing with data-driven cybercrime. The paper examines original data collected from UK courts, namely 17 sentencing remarks relating to cybercrime court cases decided in England & Wales between 2012 and 2019. The analysis shows that courts appreciate the impact of data crime and their cascading effects, but that the complexity of the offences is lost at sentencing, arguably due to the negative impact of systemic factors, such as technology neutral law and the lack of legal authorities.After examining such systemic factors, the paper suggests how the cascade effect could aid sentencing by adding specificity and context to data crime. The paper ends with avenues for further research relating to debates on fair cybercrime sentencing and open justice.     

故意伤害案件中赔偿影响量刑的机制

赔偿作为一种酌定情节,对量刑有重要影响。通过对近3000份故意伤害案件刑事裁判文书的实证研究发现:赔偿对主刑量刑结果和缓刑适用均有重要影响;随着案件严重程度的增加,赔偿对量刑的影响相对下降,谅解对量刑的影响相对上升;赔偿时间对主刑量刑结果的影响不显著,但可显著提高非羁押性强制措施和缓刑的适用率;谅解时赔偿数额的确定机制兼具理性与非理性的双重因素。受法院功利主义量刑思维的影响,故意伤害案件中赔偿影响量刑机制的运行存在失范风险,如赔偿谅解后“量刑剪刀差”的出现、赔偿谅解中的“贫富差距”问题、谅解时赔偿数额的确定中非理性因素的放大等。为防范上述风险,可从实体法和程序法两个层面,完善故意伤害案件中赔偿影响量刑的机制。     

Trial by media?: Media reliance,knowledge of crime and perception of criminal defendants

Previous research has linked extensive news media coverage of crimes and the criminal process to pretrial jury bias against defendants. Most research, however, has tested the effects of reading fabricated crime stories on mock jury decisions or general perceptions of crime. Using telephone interviews, this study examines whether perceptions of the defendant in an actual double homicide were related to reliance on local news media for news and information. The results provide clear evidence that potential jurors who are exposed to media coverage of crimes form biases against criminal defendants. Newspaper and television reliance were found to be positively related to perceptions of guilt. The results also show that newspaper reliant individuals knew significantly more facts about the case. Television reliant individuals judged the defendant's character as significantly more negative.     

上下游犯罪“量刑倒挂”困境与“法益恢复”方案——从认罪认罚从宽制度的视角展开

无论是从法哲学视域的公正视角还是司法实践的立场,基于同一笔犯罪事实的前提,“下游犯罪量刑不高于上游犯罪”原则已被普遍承认。然而,由于上游犯罪来源的多样性与下游犯罪的相对单一性特点,司法裁判中上下游犯罪“量刑倒挂”现象时有发生。为了应对这一不合理现象,近年来司法机关在认罪认罚从宽制度的“背书”下,着力探索了一系列方法,主要包括:将自首、坦白情节“可以减轻处罚”的实质条件模糊化并人为主导“减轻处罚”结果,技术化地创设“下游犯罪量刑轻于上游犯罪的主犯但重于从犯”规则,对下游犯罪大量适用非监禁刑。然而,上述方案与认罪认罚从宽制度并无实质关联。事实上,在认罪认罚从宽制度背景下,下游犯罪行为人退赃退赔的“赎罪”抑或“法益恢复”行为可以作为量刑实质从宽的理论根据。具体而言,下游犯罪行为人在上游犯罪案发前的“法益恢复”情形,可以考虑对其“相对不起诉”,在上游犯罪案发后的“法益恢复”情形,可以考虑对其“定罪免刑”。     

A Review of Sex Disparities in the “Key Players” of the Capital Punishment Process: From Defendants to Jurors

Extralegal disparities between defendants sentenced to the death penalty and those who receive life without parole disturb even the most resolute advocates of capital punishment. Extensive bodies of research document extralegal factors influencing death penalty outcomes. Although studies largely focus on race and ethnicity, a growing body of research considers the impact of sex on the capital sentencing process. This paper reviews the extant research on the impact of the sex of the victim, defendant, attorney, juror, and judge on capital case outcomes. Women’s scarcity on death row and a previously documented “female victim effect” condemning male defendants who kill female victims, particularly for those committing crimes of sexual degradation, suggests that death row policies and their implementation chivalrously protect female defendants and victims. Conversely, a limited amount of research documents a “domestic discount,” or greater leniency for death-eligible crimes commonly victimizing women than for those victimizing acquaintances or strangers. Although opinion polls document greater support for the death penalty among men than women, juror sex inconsistently predicts sentencing outcomes in the literature. Minimal research on judge and attorney sex finds female judges more liberal in death penalty sentencing than male judges and inconclusive relationships between attorney sex and adjudication. Findings in the research on sex and death penalty outcomes support the existence of a “sex effect” and inform recommendations for future research to expand the body of literature.     

Effects of psychopathy and violence risk testimony on mock juror perceptions of dangerousness in a capital murder trial

The recent introduction of the Psychopathy Checklist-Revised (PCL-R) into the sentencing phase of capital murder trials has heightened concerns about the potentially prejudicial impact of such information on jurors, who might give disproportionate weight to this diagnosis when determining whether a defendant is a “continuing threat to society”. To investigate this issue, 238 undergraduates read a case summary based on US v. Barnette ( ), in which prosecution testimony was presented regarding the presence of a mental disorder (psychopathy, psychosis, or no disorder). Compared to the “no disorder” condition, participants rated psychopathic defendants as more likely to be violent in the future, even though testimony related to level of risk (high or low) was held constant. The difference in perceived dangerousness across the psychopathy and no disorder groups was particularly pronounced when the experts described the defendant as being at low risk. A similar pattern of effects was noted for the psychosis condition, suggesting that the impact of mental disorder testimony on perceptions of dangerousness may not necessarily be specific to the PCL-R.     

White-collar and organized crimes: Questions of seriousness and policy

The line between organized crime and white-collar crime is often vague, compounding the separate social problems represented by these two types of criminality. This blurring is complicated further by the general assumption that organized criminals pose a more serious threat, thus requiring a stronger sanction than white-collar criminals. The controversy surrounding certain recent crime-control statutes centers around different assessments of the seriousness of both types of criminality. Prior studies of crime seriousness have focused primarily on crimes in general, with some attention to white-collar crime in contrast to ordinary crime. To date, however, no one has examined the differences in perceptions of seriousness between white-collar and organized crime. This paper investigates how occupation and attitudes toward the seriousness of white-collar and organized crime influence attitudes toward policy distinctions between the two, as well as toward the usefulness of various definitions of organized crime.     

(Dis)order in the Court: Examining Neighborhood Disorder Prosecutions in Miami-Dade County

Abstract

This study examines race, space, perceptions of disorder, and nuisance crime prosecution in Miami-Dade County, Florida. Research has examined nuisance policing, yet little attention has been devoted to nuisance crime prosecutions, especially at the neighborhood level. Aggregating data on defendants arrested for nuisance offenses from 2012 to 2015 up to the neighborhood level, we estimate count models for pretrial detention, case acceptance, conviction, and sentencing outcomes in neighborhoods. We find two patterns of nuisance crime prosecution. Drug disorder prosecutions are concentrated in economically disadvantaged neighborhoods with large Black defendant populations, suggesting a more suppressive treatment of these “marginalized” spaces. In contrast, greater enforcement of homelessness and alcohol nuisance crimes in White non-Hispanic neighborhoods suggests disorder prosecutions are also used to impose order and containment in more economically “prime” spaces. These countervailing patterns highlight the spatial contingency of nuisance enforcement, whereby prosecutors differentially enforce nuisance crimes in prime and marginalized spaces.     

Gender and “Other People's Money”: An Analysis of White-Collar Offender Sentencing

Although the female share of white-collar crime arrests (e.g., fraud, forgery, and embezzlement) continues to increase, little is known about the nature of women's involvement in these offenses, or the extent to which the legal treatment of white-collar offenders differs by gender. Using national survey data on employee crime, the present research addresses these voids in the literature. Consistent with prior research, women's roles in fraud offending are restricted by their positions in the organizational hierarchy. In support of the focal concerns perspective, results show that the decision to incarcerate and length of sentence are primarily shaped by indicators of offender blameworthiness. Findings reported here contribute to the literature on gender and white-collar crime, and also extend the growing body of focal concerns research to a previously unexplored sentencing context.     

ON THE CAUSES OF "WHITE-COLLAR" CRIME: AN ASSESSMENT OF HIRSCHI AND GOTTFREDSON'S CLAIMS

This article assesses Hirschi and Gottfredson claims about patterns and explanations of White-collar crime. It points out several flaws in their analysis and shows (1) that the UCR offense categories of fraud and forgery are not appropriate indicators of white-collar or occupational crime because the typical arrestee in these categories committed a nonoccupational crime; (2) that the demographic distribution (age, sex, race) of these "white-collar" crimes is not the same as it is for most ordinary crimes; and (3) that the occurrence of these "white-collar" crimes is not relatively rare. The implications of the findings for research and theory on crime are also discussed.     

Public perceptions of white-collar crime and punishment

Although financial losses from white-collar crime continue to exceed those of street crime, the criminal justice system has traditionally focused on the latter. Past research suggested that citizens are more likely to support punitive sanctions for street offenders than white-collar offenders. Recent corporate scandals have increased public awareness of white-collar crime, but whether public attitudes have been altered remains to be determined. Using a 2005 national sample of 402 telephone survey participants, the current study examined citizen perceptions of white-collar and street crime, as well as attitudes regarding apprehension and punishment. This research extended prior studies by also considering the influence of sociodemographic characteristics as well as perceptions of white-collar crime and punishment on the public's support for increasing resource allocation. Implications for future research and development of more effective white-collar crime control policy are discussed.     

Crime,public opinion and trial courts: An analysis of sentencing policy

Much recent research on public opinion and trial courts demonstrates a link between local attitudes and sentencing in highly visible criminal cases. However, such crimes are not typical of most trial court work. Our research examines relationships between public opinion, crime rates, and sentencing in routine cases, including armed and unarmed robbery, burglary, larceny, and possession of narcotics. The research includes over 6000 cases and measures public opinion in all twenty of Florida's trial court circuits. Except for possession of narcotics, no significant correlations were discovered between public opinion and sentencing, but high crime rates generally produced lenient sentences. The research questions the impact of public opinion on most litigation and suggests that judicial elites usually act without concern for local public opinion.