POLICING RACE: THE RACIAL STRATIFICATION OF SEARCHES IN POLICE TRAFFIC STOPS*

Research on race effects in police traffic stops is theoretically underdeveloped. In this study, we derive propositions from Donald Black's theory of law to explain the interaction effects of officer and driver race on searches in traffic stops in St. Louis, Missouri. Our citywide results and those for stops in predominantly White communities are generally consistent with the theory: Searches are more likely in stops of Black drivers than in those of White drivers, especially by White officers, controlling for other characteristics of the officer, driver, and stop. In predominantly Black communities, however, stops of White drivers by White officers are most likely to result in a search. We interpret both sets of results as manifestations of racial profiling in segregated communities and suggest that Black's theory of law remains a promising theoretical framework for future research on the continuing significance of race‐based policing in the United States.     

POLICE DISRESPECT TOWARD THE PUBLIC: AN ENCOUNTER‐BASED ANALYSIS*

We use observations of police encounters with 3,130 suspects in Indianapolis and St. Petersburg to estimate three influences on police disrespect: how suspects behave, their personal characteristics, and the location of the encounter. Logistic regression models show that suspects' behaviors were the most powerful predictors, but the suspect's sex, age, income, and degree of neighborhood disadvantage were also significant. Minority suspects experienced disrespect less often than whites (statistically significant in the hierarchical analysis controlling for degree of neighborhood disadvantage). These effects are concentrated in St. Petersburg, where the chief had made the suppression of police abuses a visible priority. The findings offer partial confirmation of Donald Black's theory of law.     

MANAGING CITIZEN CALLS TO THE POLICE: THE IMPACT OF BALTIMORE'S 3‐1‐1 CALL SYSTEM*

Research Summary: Our paper explores the impact of implementing a nonemergency 3‐1‐1 call system in Baltimore, Maryland. We found a large (34.2%) reduction in 9‐1‐1 calls following the introduction of the 3‐1‐1 nonemergency call system. Many, but not all, of these calls simply migrated over to the 3‐1‐1 call system. Overall, we identified a 7.7% reduction in recorded citizen calls to the police post 3‐1‐1 intervention. This recorded reduction in citizen calls was confounded by an increase in high priority calls to the 9‐1‐1 system (27.5%), a large overall reduction in low priority calls (54.3%), and an estimated increase (perhaps 8%) in unrecorded calls to the police. We also note a small increase in response times to high priority 9‐1‐1 calls following the implementation of the 3‐1‐1 call system and virtually no change in the amount of officer time available for community policing or problem‐oriented policing activities. Policy Implications: Our findings suggest that nonemergency call systems, such as 3‐1‐1, can greatly facilitate police efforts to better handle citizen calls for police service. However, the intrinsic value of nonemergency call systems is tightly woven with a police department's willingness to change dispatch policies (especially for those calls received via the 3‐1‐1 system), reallocate patrol resources, and adopt organizational reforms to support alternative methods (apart from dispatch) for handling nonemergency calls for service.     

INTIMATE PARTNER VIOLENCE IN U.S. METROPOLITAN AREAS: THE CONTEXTUAL INFLUENCES OF POLICE AND SOCIAL SERVICES*

Although community responses to the problem of intimate partner violence typically focus on increasing and improving policing and social services, few studies have examined the relationship among police force size, social service providers, and women's safety at home. To address this issue, we use data from the National Crime Victimization Survey to examine patterns of intimate partner violence for 40 metropolitan statistical areas (MSAs) over a 16‐year period (1989–2004). We analyze the data using three‐level multilevel models, with individual respondents (N = 487,166) nested within years, nested within MSAs. Net of other important individual and contextual factors, the results show that women's likelihood of victimization is significantly lower in MSAs that employ more sworn officers per capita, whereas the states’ mandatory arrest laws are not found to have significant independent effects. Above and beyond the effects of police force size, we also find a significant negative relationship between the size of the social service workforce and intimate partner violence. Future research should develop collaborative data collection efforts to examine the specific activities of police and social service workers in dealing with intimate partner violence so that the mechanisms underlying these significant relationships can be understood more clearly.     

Present but not prevalent: identifying the organizational correlates of researcher-practitioner partnerships in U.S. Law Enforcement

ABSTRACT

Federal funding streams, the International Association of Chiefs of Police, and policing executives and scholars alike have advocated for more researcher-practitioner partnerships in American law enforcement. While a few studies have explored the growth and prevalence of research partnerships in policing, less attention has been placed on the organizational correlates of such collaborative relationships. Using a nationally representative sample of US law enforcement agencies, the current study investigated participation in what we term ‘rigorous partnerships’ – more formal, long-term relationships between researchers and practitioners with increased opportunity for interactive knowledge exchange. Policy implications and directions for future research are discussed, with a specific focus on the barriers and impediments that both parties face for successful collaborative efforts and research translation.     

Post-release controls for sex offenders in the U.S. and UK

In recent years, both the United States and United Kingdom have developed numerous innovations in legal efforts to protect society from sex offenders. Each country has adopted special provisions for sex offenders. In particular, governments have focused on forms of social control after release from incarceration and probation. These policy innovations for this category of offenders have been more far reaching than those for any other offender population. The two jurisdictions have adopted policies with similar goals, but the selected strategies have important differences. Generally speaking, the U.S. has favored an ever-expanding set of policies that place sex offenders into broad categories, with few opportunities that distinguish the appropriate responses for individual offenders. The UK government observed the proliferation of Megan's Laws¹ in the U.S., and deliberately chose to establish carefully controlled releases of information, primarily relying on governmental agencies to work in multi-disciplinary groups and make case-specific decisions about individual offenders. Although the UK policy leaders expressed significant concern that the public's response to knowing about identified sex offenders living in the community would result in vigilantism, to date the results have not borne out this fear. Both governments have turned to other crime control measures such as polygraphy testing, electronic monitoring, and civil protection orders as a means to prevent further sexual violence.     

LOCATING THE VANGUARD IN RISING AND FALLING HOMICIDE RATES ACROSS U.S. CITIES*

This research examines trends in U.S. homicide rates at the city level during the so‐called homicide epidemic in the latter decades of the 20th century. Using spline regression techniques to locate structural breaks in city‐level time series, we model the true trends of homicide rates to identify those cities that exhibited a meaningful boom and bust cycle. We then use Tobit regressions for all cities at risk of experiencing a cycle to estimate unbiased effects of theoretically important predictors on the timing of the phase changes. Our findings reveal that larger cities were more likely to experience an epidemic‐like pattern, and that densely populated cities characterized by high levels of deprivation tended to exhibit the rise and fall in homicide rates earlier than other cities.     

MINORITY THREAT AND POLICE STRENGTH FROM 1980 TO 2000: A FIXED‐EFFECTS ANALYSIS OF NONLINEAR AND INTERACTIVE EFFECTS IN LARGE U.S. CITIES*

Many studies have assessed threat theory by investigating the relationships between the size of minority populations and police strength. Yet these investigations analyzed older data with cross‐sectional designs. This study uses a fixed‐effects panel design to detect nonlinear and interactive relationships between minority presence and the per capita number of police in large U.S. cities in the last three census years. The findings show that the relationship between racial threat and the population‐corrected number of police officers has recently become considerably stronger. In accord with theoretically based expectations, tests for interactions show that segregated cities with larger African American populations have smaller departments. The coefficients on another interaction effect suggest that racial segregation leads to reductions in police strength in the South perhaps because officers are less likely to intervene in residentially isolated black neighborhoods in this region.     

U.S. ATTORNEYS AND SUBSTANTIAL ASSISTANCE DEPARTURES: TESTING FOR INTERPROSECUTOR DISPARITY*

An important and highly discretionary component of the federal sentencing guidelines is the downward departure for providing substantial assistance. Critics charge that the substantial assistance departure, which requires a motion by the prosecutor, may produce the type of unwarranted sentencing disparity that the guidelines were intended to eliminate. Research reveals, for example, that jurisdictional variations are evident in the use of substance assistance departures (Johnson, Ulmer, and Kramer, 2008; Nagel and Schulhofer, 1992), and that the likelihood of receiving the departure is affected by legally irrelevant offender characteristics, which include race, ethnicity, and gender (Mustard, 2001). The purpose of this article is to extend this research by exploring the degree to which decisions regarding substantial assistance departures vary across prosecutors. Using data on offenders sentenced in three U.S. district courts and a multilevel modeling strategy, we investigate whether interprosecutor disparity exists in the likelihood of substantial assistance departures and in the criteria that prosecutors use in deciding whether to file a motion for a substantial assistance departure. Findings indicate that significant interprosecutor variation remains after taking into account offender characteristics, case characteristics, and the district in which the case is adjudicated.     

J.M.还是J.D.?——中、日、美复合型法律人才培养制度比较

传统上,中、日两国法学教育属于综合法律素质养成型教育类型,并不与法律职业直接相联系。但自上个世纪九十年代以来,两国出现了借鉴美国法学院制度,探索建立法律实务教育模式的新动向。论文对法律硕士专业学位(J.M.)教育、日本的法科大学院(J.D.)、以及美国的法学院制度(J.D.)进行了比较观察。对中日两国新型法学教育制度形成与效果的关系作了分析,对法学院制度形成的路径、方式和评价机制问题作了探讨。作者认为,制度形成的关键不在于形而上的可行性讨论,根本性问题是对制度要素的观察、分析以及摄入,构成要素的摄取决定了制度的效果和命运。     

THE IMPACT OF RACIALLY INCLUSIVE SCHOOLING ON ADULT INCARCERATION RATES AMONG U.S. COHORTS OF AFRICAN AMERICANS AND WHITES SINCE 1930*

Despite the substantial body of research on the psychological and social effects of racial segregation in schools on African Americans, few studies have considered the possibility that more racially inclusive schools might reduce the risk of extremely negative adult life experiences such as incarceration. Yet such a connection is made plausible by research linking black racial isolation in schools to variables that are often associated with incarceration rates, including concentrated poverty, and low educational and occupational aspirations and attainment. In this paper, we apply methods first developed by labor economists to assess the impact of racial inclusiveness in schools on individual incarceration rates for 5‐year cohorts of African Americans and whites born since 1930. We find strong support for the conclusion that blacks educated in states where a higher proportion of their classmates were white experienced significantly lower incarceration rates as adults. Moreover, our analysis suggests that the effects of racial inclusiveness on black incarceration rates have grown stronger over time. These longitudinal effects are consistent with the argument that the educational climate of predominantly black schools has deteriorated in more recent decades.     

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.     

GROWTH AND QUALITY OF U.S. PRIVATE PRISONS: EVIDENCE FROM A NATIONAL SURVEY*

Research Summary: Private prisons incarcerate 5.3% of the sentenced, adult population in the United States. The present study presents selected results from a 1999 survey of administrators who monitored private prisons in the United States (or U.S. territories). Among the findings of interest, the private sector experienced significant problems with staff turnover, escapes, and drug use. Where possible, private prison operations were compared with those of the Federal Bureau of Prisons. Policy Implications: Given the issues raised here with public safety, public sector agencies contracting for private prisons need to develop incentives or other means to ensure that private sector operators retain experienced custody staff.     

The Evidentiary Introduction of Psychopathy Checklist-Revised Assessed Psychopathy in U.S. Courts: Extent and Appropriateness*

We examine the application of Psychopathy Checklist Revised (PCL-R) assessed psychopathy in U.S. courts from the time of the introduction of the PCL-R in 1991, through the end of 2004, and consider the PCL-R in light of relevant evidentiary standards and the empirical support for the construct of psychopathy. Our review of the Westlaw legal database indicates that the evidentiary introduction of PCL-R assessed psychopathy extends across state and federal jurisdictions, and has increased considerably in recent years. We identify nine contexts in which PCL-R evidence has been introduced and examine the appropriateness of such introduction. In most contexts the PCL-R was considered with regard to the prediction of violence in the community, and in such context the introduction of PCL-R scores appears appropriate, at least with regard to European American male offenders. However, PCL-R assessments may not meet relevant evidentiary standards with regard to the prediction of institutional violence and violence among females, adolescents and ethnic minorities.     

VIOLENCE AGAINST WOMEN IN U.S. METROPOLITAN AREAS: CHANGES IN WOMEN'S STATUS AND RISK, 1980–2004*

This article examines the impact of women's status on rates of violence against women using longitudinal data from the National Crime Survey and National Crime Victimization Survey for 40 U.S. metropolitan areas for the period 1980 to 2004. Drawing on feminist and routine activities perspectives, we specify hypotheses about the association between women's status and violent victimization, some of which predict different effects depending on whether the offender is a stranger, intimate, or known (nonintimate) other. Consistent with feminist and other perspectives, we find that absolute increases in women's labor force participation, income, and education are associated with decreases in intimate partner violence. Our findings also provide limited support for the backlash hypothesis by showing that increases in female labor participation relative to men are associated with increases in intimate partner violence but not with increases in violence by others. Consistent with routine activities theory, the data also indicate that absolute increases in female labor force participation are associated with increases in victimization by strangers and by known others. Furthermore, we find that absolute increases in female voter participation are associated with decreases in violence for all victim–offender relationship categories. The findings thus show that changes in the status of women have both positive and negative associations with violence victimization, and that comparative analyses of different types of violence are necessary for clarifying the sources of violence against women.     

Cross-national comparison of homicide: Age/sex-adjusted rates using the 1980 U.S. homicide experience as a standard

Cross-sectional studies of crime have typically relied on crude crime rates when making comparisons between countries. Crude rates control for population size but implicitly assume that all members of the population are equally at risk. Empirical studies have shown that, cross-nationally, risk varies by age and sex. Standardization of crime rates removes the confounding effects of variable age and sex population distributions. Since age/sex-specific crime rates are generally unavailable for many countries, the method of indirect standardization is the most desirable technique. Age/sex-adjusted homicide rates for 76 countries are presented, and two comparative measures are suggested. It is shown that while the United States has a higher homicide rate than all but 15 countries; in most cases, the magnitude of the difference, not controlling for age/sex differences, is overestimated. Crude rates underestimate differences between the United States and countries with higher rates of homicide.     

美国外资并购国家安全审查制度探析——兼论中国外资并购国家安全审查制度的构建

美国国会2007年通过的美国外国投资与国家安全法扩大了外国投资属于国家安全审查的范围,进一步改进了外国投资领域的国家安全审查制度。在外资并购领域加强国家安全审查制度是美国维护其国家利益的重要措施。为有效维护本国利益,我国也应建立外资并购领域国家安全审查制度。本文在分析美国外资并购领域国家安全审查制度的基础上,提出我国建立国家安全审查制度立法的建议。     

REASSESSING TRENDS IN BLACK VIOLENT CRIME, 1980–2008: SORTING OUT THE “HISPANIC EFFECT” IN UNIFORM CRIME REPORTS ARRESTS,NATIONAL CRIME VICTIMIZATION SURVEY OFFENDER ESTIMATES,AND U.S. PRISONER COUNTS*

Recent studies suggest a decline in the relative Black effect on violent crime in recent decades and interpret this decline as resulting from greater upward mobility among African Americans during the past several decades. However, other assessments of racial stratification in American society suggest at least as much durability as change in Black social mobility since the 1980s. Our goal is to assess how patterns of racial disparity in violent crime and incarceration have changed from 1980 to 2008. We argue that prior studies showing a shrinking Black share of violent crime might be in error because of reliance on White and Black national crime statistics that are confounded with Hispanic offenders, whose numbers have been increasing rapidly and whose violence rates are higher than that of Whites but lower than that of Blacks. Using 1980–2008 California and New York arrest data to adjust for this “Hispanic effect” in national Uniform Crime Reports (UCR) and National Crime Victimization Survey (NCVS) data, we assess whether the observed national decline in racial disparities in violent crime is an artifact of the growth in Hispanic populations and offenders. Results suggest that little overall change has occurred in the Black share of violent offending in both UCR and NCVS estimates during the last 30 years. In addition, racial imbalances in arrest versus incarceration levels across the index violent crimes are both small and comparably sized across the study period. We conclude by discussing the consistency of these findings with trends in economic and social integration of Blacks in American society during the past 50 years.     

UNINTENDED CONSEQUENCES OF POLITICALLY POPULAR SENTENCING POLICY: THE HOMICIDE PROMOTING EFFECTS OF “THREE STRIKES” IN U.S. CITIES (1980–1999)*

Research Summary: Using panel data from 188 large cities during 1980–1999, we examined the possible homicide promoting effects of “three‐strikes” laws. Results indicated that cities in states with three‐strikes laws experienced short‐term increases in homicide rates of 13% to 14% and long‐term increases of 16% to 24% compared with cities in states without the laws. Policy Implications: Our results emphasize the fact that rarely are the possible unintended negative consequences of policy directives considered and point to the need for policy makers to consider both intended and unintended consequences of policy directives before the directives are codified.