THE SPECIALIZATION OF JUSTICE ORGANS AND PROFESSIONALIZATION OF JUSTICE PERSONNEL IN CHINESE JUVENILE CRIMINAL CASES

Juvenile criminal cases should be investigated, prosecuted and judged by specialized organs and full-time personnel China should follow international criminal judicial criteria and implement the relevant laws, such as the Chinese Criminal Procedure Law and the Law on Protection of Minors in China, to promote the specialization of justice organs and the professionalization of justice personnel involved in juvenile criminal cases.     

FORGIVENESS AND FUNDAMENTALISM: RECONSIDERING THE RELATIONSHIP BETWEEN CORRECTIONAL ATTITUDES AND RELIGION*

Although research typically has failed to establish a relationship between religious affiliation and correctional attitudes, recent assessments have revealed that fundamentalist Christians tend to be more punitive than are nonfundamentalists. These studies have advanced our understanding considerably, but their conceptualization of religion and correctional attitudes has been limited. Using a statewide survey, the present study demonstrates that compassionate as well as fundamentalist aspects of religious beliefs are related to public correctional preferences. Further, our results reveal that religion influences support for rehabilitation as well as punitiveness. These findings suggest the need for scholars to think more broadly about the role of religion in criminology.     

CONSERVATIVE PROTESTANTISM AND THE PERCEIVED WRONGFULNESS OF CRIMES: A RESEARCH NOTE*

This research addresses the relationship between conservative Protestantism and the perceived wrongfulness of crimes. In a recent study, Warr (1989) identified “nondiscriminators”—people who perceived a wide range of crimes to be equally morally wrong. Although lacking measures of religion, Warr hypothesized, based on their written comments, that the respondents used religious beliefs to assess wrongfulness. Since Protestant theology tends to view morality categorically, with no gradations between the extremes, those individuals who most strongly adhere to this doctrine may be the nondiscriminators. This study tests and finds strong support for this hypothesis, which has important implications for the recent shift toward increased punitiveness in sentencing, research concerning public perceptions of crime, and studies of religion.     

RELIGION,ATTRIBUTION STYLE,AND PUNITIVENESS TOWARD JUVENILE OFFENDERS*

A growing body of research shows that adherents to conservative Christian beliefs are more punitive than others in their response to crime. A frequently offered but still untested explanation is that such beliefs promote a dispositional attribution style—the idea that crime results from the offender's character, not from unfortunate or unjust environmental influences. With punitiveness toward juvenile offenders as the dependent variable, the present study directly tests the hypothesis that a tendency to attribute crime to dispositional factors is the intervening variable linking conservative religious beliefs to punitiveness. The analysis provides strong support for the hypothesis.     

A TEST OF THE BLACK SUBCULTURE OF VIOLENCE THESIS: A RESEARCH NOTE*

We use data from the General Social Survey (1983 to 1991) to test Wolfgang and Ferracuti's hypothesis that violent values are widespread among African-Americans. Contrary to the expectations of the black subculture of violence thesis, our analyses indicate that white males are significantly more likely than blacks to express violent tendencies in defensive situations and that there is no significant difference between white and black males in offensive situations, ceteris paribus. Thus, we have rejected, within the limitations of our data, the hypothesis that a unique subculture of violence exists among the general population of African-Americans in the United States.     

HOMICIDE AGAINST THE ELDERLY: A RESEARCH NOTE*

By virtue of the type of data generally used (victim surveys), previous research on the victimization of the elderly is limited in two respects. Not only is the crime of homicide outside the domain of victimization data, but sample surveys uncover too few incidents of victimization of the elderly to permit in-depth analyses. Using the supplementary homicide reports from 1976–1985, we compared patterns and rates of homicide among the elderly and younger populations. Our results suggest that the elderly are in fact the least at risk for homicide generally, as has been reported for other crimes. When examining specific subtypes of homicide, however, the elderly are actually at greater risk than their younger counterparts for homicide committed during a robbery.     

THE CONCEPTUALIZATION OF DISCRIMINATION IN THE JUVENILE JUSTICE PROCESS: THE IMPACT OF ADMINISTRATIVE FACTORS AND SCREENING DECISIONS ON JUVENILE COURT DISPOSITIONS

Research on race, sex, and social class discrimination in the juvenile justice process has yielded mixed results. These conflicting findings have been attributed to the use of diverse research strategies and various methodological shortcomings. There are, however, two potentially important issues that have not been previously addressed: the need to examine the juvenile justice system as a process, rather than as a series of separate and unrelated decision points, and the failure to control for the impact of administrative factors such as pretrial detention. The purpose of the research reported here is to examine the impact of race, sex, and social class on juvenile court dispositions while controlling for pretrial detention and appropriate legal factors. The analytical strategy employed permits an examination of the impact of these factors over three stages of the juvenile justice process: referral, adjudication, and disposition.
Findings indicate that while legal factors and pretrial detention decline in importance as predictors of disposition as one moves from an examination of all referred to adjudicated youth, race and social class become more important. These results are discussed in terms of their methodological significance and their implications for the conceptualization of discrimination in the juvenile justice process.     

RETHINKING JUVENILE STATUS OFFENSE LAWS: CONSIDERATIONS FOR CONGRESSIONAL REVIEW OF THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION ACT

Families struggling with a breakdown in communication, trying to control the behavior of an unruly child, or experiencing a crisis often look for outside help. Many families, particularly those without resources to pay for private support, turn to their local status offense system. Status offenders are young people charged with behavior unique to their status as juveniles such as running away, truancy, or disobedience. In 2007, Congress will begin to consider reauthorization of the Juvenile Justice Delinquency Prevention Act (JJDPA), the federal act related to status‐offender policy. By providing an overview of recent state status‐offense legislation and case law, this article identifies issues to be addressed by Congress in reauthorizing the JJDPA.     

RELIGION AND CRIME REEXAMINED: THE IMPACT OF RELIGION,SECULAR CONTROLS,AND SOCIAL ECOLOGY ON ADULT CRIMINALITY*

Since Hirschi and Stark's (1969) surprising failure to find religious (“hellfire”) effects on delinquency, subsequent research has generally revealed an inverse relationship between religiosity and various forms of deviance, delinquency, and crime. The complexity of the relationship and conditions under which it holds, however, continue to be debated. Although a few researchers have found that religion's influence is noncontingent, most have found support—especially among youths—for effects that vary by denomination, type of offense, and social and/or religious context. More recently the relationship has been reported as spurious when relevant secular controls are included. Our research attempts to resolve these issues by testing the religion-crime relationship in models with a comprehensive crime measure and three separate dimensions of religiosity. We also control for secular constraints, religious networks, and social ecology. We found that, among our religiosity measures, participation in religious activities was a persistent and noncontingent inhibiter of adult crime.     

THE JUVENILE PENALTY: A COMPARISON OF JUVENILE AND YOUNG ADULT SENTENCING OUTCOMES IN CRIMINAL COURT*

This study uses criminal court data from the Pennsylvania Commission on Sentencing (PCS) to investigate the sentencing of juvenile offenders processed in adult criminal court by comparing their sentencing outcomes to those of young adult offenders in similar situations. Because the expanded juvenile exclusion and transfer policies of the 1990s have led to an increase in the number of juveniles convicted in adult courts, we argue that it is critical to better understand the judicial decision making processes involved. We introduce competitive hypotheses on the relative leniency or severity of sentencing outcomes for transferred juveniles and interpret our results with the focal concerns theoretical perspective on sentencing. Our findings indicate that juvenile offenders in adult court are sentenced more severely than their young adult counterparts. Moreover, findings suggest that juvenile status interacts with and conditions the effects of other important sentencing factors including offense type, offense severity and prior criminal record. We discuss these results as they relate to immediate outcomes for transferred juveniles, criminal court processes in general and the broader social implications for juvenile justice policy concerning the transfer of juveniles to criminal court.     

PUBLIC OPINION AND THE FOUNDATION OF THE JUVENILE COURT*

Over 100 years ago, juvenile courts emerged out of the belief that juveniles are different from adults—less culpable and more rehabilitatable—and can be "saved" from a life of crime and disadvantage. Today, the juvenile justice system is under attack through increasing calls to eliminate it and enactment of statutes designed to place younger offenders in the adult justice system. However, little evidence exists that policy makers have taken the full range of public views into account. At the same time, scholarly accounts of calls to eliminate the juvenile justice system have neglected the role of public opinion. The current study addresses this situation by examining public views about 1) abolishing juvenile justice and 2) the proper upper age of original juvenile court jurisdiction. Particular attention is given to the notion that child‐saving and "get tough" orientations influence public views about juvenile justice. The analyses suggest support for the lingering appeal of juvenile justice among the public and the idea that youth can be “saved,” as well as arguments about the politicization and criminalization of juvenile justice. They also highlight that the public, like states, holds variable views about the appropriate age of juvenile court jurisdiction. We discuss the implications of the study and avenues for future research. Why is it not just and proper to treat these juvenile offenders, as we deal with the neglected children, as a wise and merciful father handles his own child whose errors are not discovered by the authorities? Why is it not the duty of the state, instead of asking merely whether a boy or a girl has committed a specific offense, to find out what he is, physically, mentally, morally, and then if it learns that he is treading the path that leads to criminality, to take him in charge, not so much to punish as to reform, not to degrade but to uplift, not to crush but to develop, to make him not a criminal but a worthy citizen.     

PRISON GUARDS' ATTITUDES TOWARD COMPONENTS OF THE CRIMINAL JUSTICE SYSTEM

Only recently has there been very much interest in prison guards, their behavior, or their attitudes. Although prisons and their prisoners have been the subject of many investigations, the keepers have been overlooked. This article reports guards’attitudes toward the criminal justice system and suggests what these attitudes may mean.     

ADVERSARIAL AND NONADVERSARIAL JUSTICE: A COMPARISON OF GUILTY PLEAS AND TRIALS*

Despite the frequency of guilty pleas, researchers disagree about the ability of plea bargaining to provide justice. Critics argue that plea bargaining deprives defendants of due process rights and procedural safeguards Proponents argue that guilty pleas save resources for cases that require trial and allow officials flexibility to tailor justice to individual defendants. This article explores these issues by examining the effect of defendant and case characteristics on sentence severity for 3,269 male robbery and burglary defendants who either pled guilty or were tried in six U.S. jurisdictions, three of which had recently attempted to eliminate or greatly reduce plea bargaining and three with few restrictions on plea bargaining. The results confirm some criticisms of plea bargaining, but refute others. More criminally experienced defendants and defendants who pled guilty at the earliest opportunity did not receive sentencing leniency. Moreover, to a large extent, the same variables predict sentence severity for guilty pleas and trials. In contrast, the results show that defendants convicted at trial received more severe sanctions than defendants who pled guilty, controlling for case severity, evidence, and offender characteristics The results also suggest that the jurisdictions which attempted to control plea bargaining through more centralized control of assistance succeeded in tightening the fit between case characteristics and sentences for both cases adjudicated by guilty plea and trial.     

EXAMINING THE RELATIONSHIP BETWEEN MILITARY SERVICE AND CRIMINAL BEHAVIOR DURING THE VIETNAM ERA: A RESEARCH NOTE*

Throughout U.S. history, the military has played a role in the lives of a large proportion of the U.S. population. However, little research has focused on this topic, particularly in criminology. This study seeks to determine whether military service changes an individual's criminal behavior and/or whether the military provides another setting for the continuation of prior behavior. To address these questions, this study uses Wolfgang's 1945 Philadelphia birth cohort and Shannon's 1949 Racine, Wisconsin birth cohort data sets. Statistical methods were used to account for potential differences in selection and the presence of unobserved heterogeneity. Results suggest that military service reduces later offending in general. However, there is no significant effect of service on later violent behavior.     

CONTROLLING OTHER PEOPLE'S CHILDREN: RACIALIZED VIEWS OF DELINQUENCY AND WHITES’ PUNITIVE ATTITUDES TOWARD JUVENILE OFFENDERS*

The juvenile justice system was founded on, and until recently developed around, the idea that society should afford delinquents more leniency and rehabilitative care than adult criminals because of their lower levels of physical and cognitive development and, thus, diminished culpability for law violations and higher amenability to treatment. The past four decades, however, have witnessed a sustained movement to recriminalize delinquency through the enactment of policies that treat juvenile offenders more like their adult counterparts. Feld (1999a) and others have argued that this punitive turn in juvenile justice is in part a result of the racialization of delinquency and violent victimization in the post–Civil Rights era. This study provides the first test of the key assumption underlying this thesis, namely, that Whites’ support for getting tough with juvenile offenders is in part tied to racialized views of youth crime. Drawing on data from a recent national survey, we examine the extent to which relative racial typifications about delinquency and victimization, as well as racial resentment, are associated with general punitiveness toward juvenile offenders as well as support for lower minimum ages of criminal justice jurisdiction. Regression results show that Whites who hold such typifications and those who are more racially resentful are both more likely to embrace punitive youth justice policies and favor transfers for younger offenders. The implications of the findings are discussed.     

THE VIOLENT WEST REEXAMINED: A RESEARCH NOTE ON REGIONAL HOMICIDE RATES*

Studies by O'Carroll and Mercy and by Kowalski and Petee challenge the long-held view that the South leads the nation in homicide rates. Specifically, O'Carroll and Mercy find that when killings by state are disaggregated by race, the West has the highest levels of homicide for whites, blacks, and other races. Kowalski and Petee conclude that homicide rates in the South and the West have converged. We extend their research by examining the effect, on levels of killing, of metropolitan concentration of black and white populations within states and of the percentage of the white population of Hispanic origin within SMSAs. Results of these analyses show that the homicide rate for non-Hispanic whites remains highest in the South; no clear regional pattern exists for blacks.