THE IMPACT OF SENTENCING GUIDELINES ON JAIL INCARCERATION IN MINNESOTA*

Although available empirical evidence suggests that Minnesota's Determinate Sentencing Law has had little effect on prison incarceration, it is still uncertain whether the sentencing guidelines affected jail use. A few recent studies imply that the guidelines have had a positive effect on jail incarceration rates. Accounts have pointed to preexisting trends, more severe sanctioning of repeat property offenders, and judicial concern with prison overcrowding as possible underlying causes of this observed increase. Using longitudinal data and an ARIMA study design, we investigate the validity of these competing explanations. Our findings show that the onset of the sentencing guidelines increased judicial use of the jail sanction beyond the effect of preexisting trends. In addition, the effect of mitigated dispositional departures from the no prison/prison outcome on jail use is salient only when prison population levels are high. This latter finding supports the thesis that judicial concern with prison overcrowding motivated judges to circumvent the guidelines in order to shift the burden of incarcerating offenders from the state to the local level. The policy implications of these results for determinate sentencing reform are discussed.     

Labor markets and incarceration: The China shock to American punishment

Studies have failed to show a positive effect of unemployment on incarceration despite reasons to expect such a relationship. We note that prior estimates have been muddied by the absence of substate data, a focus on prisons rather than on jails, limited measures of unemployment, and the fact that the health of the labor market is endogenous to incarceration. We instrument for local exposure to the rise of Chinese exports (“the China Shock”) to estimate the effect of job loss on American incarceration. Marshaling a new data set of prisoners and jail inmates by race at the commuting zone level, we show that negative shocks to local labor markets led to significant increases in total incarceration rates for both Blacks and Whites. The effect seems to be driven by increased prison rather than jail populations. This estimate is invisible to ordinary least squares, which may help explain null results reported by past work. Counterfactual exercises suggest that the effect of job loss was punitively consequential. Had employment gains from the 1990s been preserved into the 2000s, the U.S. incarceration rate would have grown significantly less than it did.     

THE USE AND EFFECTS OF FINANCIAL PENALTIES IN MUNICIPAL COURTS

With prison, jail, and probation caseloads overloaded, financial penalties appeal as alternative sanctions. Using probation data for cases sentenced in municipal courts, this paper presents regression analyses suggesting that judges tended to employ rational discretion in imposing economic sanctions, for monetary assessments without jail were most likely to be given to low-risk offenders and assignment of probation alone and jail terms was most strongly influenced by offense. The amount of the financial sanction was also significantly related to the type of crime. Controlling for individual attributes and offense, the odds of subsequent arrest and incarceration were significantly less for those given a financial penalty than for those receiving a jail sentence.     

Exploring the consequences of prolonged pretrial incarceration: evidence from a local jurisdiction in the Philippines

Prolonged pretrial incarceration is a key issue facing the criminal justice systems of many developing countries. Detainees stay in jail for years while undergoing trial but are still unconvicted. However, little is known about the consequences of this troubling phenomenon. Informed by relevant prison and criminological theories, this paper analyses jail official data and qualitative interviews from detainees in a local jurisdiction in the Philippines to understand the magnitude and consequences of prolonged pretrial incarceration. Results suggest the emergence of a legally cynical view of the criminal justice system shared by the detainees. These sentiments likely serve as bases for popular opinions that justify use of violence and vigilante justice on offender populations. Implications on judicial and penal reforms in the Philippines are discussed.     

IMPRISONMENT LENGTH AND POST‐PRISON EMPLOYMENT PROSPECTS

This study considers the relationship between imprisonment length and employment outcomes. The data are a unique prospective, longitudinal study of Dutch pretrial detainees (N = 702). All subjects thus experience prison confinement of varying lengths, although the durations are relatively short (mean = 3.8 months; median = 3.1 months). This contrasts with prior research that was limited to the study of American prison sentences spanning an average of 2 years. These data thus fill a gap in the empirical base concerning short‐term confinement, which is the norm in the United States (e.g., jail incarceration) and other Western countries. Using a comprehensive array of pre‐prison covariates, a propensity score methodology is used to examine the dose–response relationship between imprisonment length and a variety of employment outcomes. The results indicate that, among prison lengths less than 6 months in duration, longer confinement is largely uncorrelated with employment. In contrast, among spells in excess of 6 months, longer imprisonment length seems to worsen employment prospects.     

ASSOCIATIONS OF FATHERS' HISTORY OF INCARCERATION WITH SONS' DELINQUENCY AND ARREST AMONG BLACK,WHITE, AND HISPANIC MALES IN THE UNITED STATES*

Nearly 13 percent of young adult men report that their biological father has served time in jail or prison; yet surprisingly little research has examined how a father's incarceration is associated with delinquency and arrest in the contemporary United States. Using a national panel of Black, White, and Hispanic males, this study examines whether experiencing paternal incarceration is associated with increased delinquency in adolescence and young adulthood. We find a positive association with paternal incarceration that is robust to controls for several structural, familial, and adolescent characteristics. Relative to males not experiencing a father's incarceration, our results show that those experiencing a father's incarceration have an increased propensity for delinquency that persists into young adulthood. Using a national probability sample, we also find that a father's incarceration is highly and significantly associated with an increased risk of incurring an adult arrest before 25 years of age. These observed associations are similar across groups of Black, White, and Hispanic males. Taken as a whole, our findings suggest benefits from public policies that focus on male youth “at risk” as a result of having an incarcerated father.     

Impact of drug use on inmate misconduct: A multilevel analysis

Despite the importance of drug use problems among offenders, relatively little was known about whether drug use history affected inmate behavior in prison. Using data from the 1997 survey of inmates in state facilities in the U.S., this study examined the following relationships: the effect of drug use prior to incarceration on substance rule violations per month during incarceration and the effect of drug use prior to incarceration on non-substance rule violations per month in prison. This study revealed that the variable drug use history was a significant predictor of substance rule violations per month and of non-substance rule violations per month in prison. The implications of the findings are also discussed.     

Correctional destabilization and jail violence: The consequences of prison depopulation legislation

Purpose

This study explored the effects of prison depopulation on local jail violence through a general systems perspective – where an abrupt shift in the processing of offenders had the potential to create ripple effects through other organizations – of the criminal justice system.

Methods

In 2011, California passed the Criminal Justice Realignment legislation aimed to reduce prison population by making low-level felony offenders ineligible for state incarceration and diverting those already in state prison for the included offenses from state to county-level community supervision once paroled. This study incorporated bivariate and negative binomial regression analyses to model officially-recorded county jail panel data to estimate the effects of state prison depopulation on California county jails.

Results

Findings demonstrated support for the general systems framework as there was a significant decrease in jail utility in the bivariate analysis and a significant increase in jail violence in the multivariate analysis associated with passage of California’s prison depopulation legislation.

Conclusions

The results supported the notion of an interconnected criminal justice system. Policy implications include the consequences of increased violence on jail operations, the potential for a cadre of habitual offenders, and generalizing these findings to the community.     

Together despite the odds: Explaining racial and ethnic heterogeneity in union dissolution after incarceration

The U.S. incarceration rate rose dramatically over the past 45 years, increasing the number of marriages and cohabiting unions disrupted by a jail or prison stay. But as some have pointed out, not all unions dissolve as a result of incarceration, and there seems to be racial–ethnic variation in this tendency, with Blacks displaying higher rates of dissolution than Whites and Hispanics. Yet it is unclear what explains racial–ethnic differences in union dissolution among the incarcerated. Drawing on the National Longitudinal Survey of Youth 1997 (NLSY97), we examine why racial–ethnic differences in union dissolution exist among a sample of individuals who had a marital or a cohabiting union interrupted by an incarceration spell. In doing so, we draw on social exchange theory and structural and cultural theories to suggest that racial–ethnic disparities in union dissolution are explained by differential exposure to protective relationship characteristics. The results of Cox hazard models reveal that Blacks have significantly higher hazards of union dissolution than do Whites and Hispanics. These results also indicate that being married, having a child together, having full-time employment, a longer union duration, and a shorter incarceration spell may protect against dissolution and that these factors account, in part, for the greater risk of dissolution among Blacks relative to Whites and Hispanics.     

HOW THE U.S. PRISON BOOM HAS CHANGED THE AGE DISTRIBUTION OF THE PRISON POPULATION

This article provides a demographic exposition of the changes in the U.S prison population during the period of mass incarceration that began in the late twentieth century. By drawing on data from the Survey of Inmates in State Correctional Facilities (1974–2004) for inmates 17–72 years of age (N = 336), we show that the age distribution shifted upward dramatically: Only 16 percent of the state prison population was 40 years old or older in 1974; by 2004, this percentage had doubled to 33 percent with the median age of prisoners rising from 27 to 34 years old. By using an estimable function approach, we find that the change in the age distribution of the prison population is primarily a cohort effect that is driven by the “enhanced” penal careers of the cohorts who hit young adulthood—the prime age of both crime and incarceration—when substance use was at its peak. Period‐specific factors (e.g., proclivity for punishment and incidence of offense) do matter, but they seem to play out more across the life cycles of persons most affected in young adulthood (cohort effects) than across all age groups at one point in time (period effects).     

Exploring turnover intent correlated to jail and prison officials: A Taiwanese perspective

Although a review of literature related to turnover intent in the correctional workplace has focused primarily on prison officers, jailers have frequently been overlooked. Specifically, a comparison between jail and prison officers’ perceptions in Taiwan is limited. In order to fill the gap, our study was based on three objectives: (1) surveying Taiwanese correctional officers who experienced the “get-tough-on-crime” policy during the early 2000s, (2) testing for differences in turnover intent between jail and prison officers, and (3) examining personal and workplace environmental factors in order to determine whether distinct turnover intent exists among prison and jail officers. A self-report survey administered to 799 Taiwanese correctional officers (with an adjusted response rate of 89%) demonstrated that jail and prison officers had moderately high levels of turnover intent with no significant difference. When turnover intent correlates were further examined, job dangerousness, organizational harmony, and commitment were significant predictors for both prison and jail officers, thus suggesting that environmental factors have the most robust impact. In terms of personal characteristics, tenure and position were significantly related to prison officers’ turnover intent. Conversely, age represented the significant factor among jail respondents.     

Institutionalizing inequality in the courts: Decomposing racial and ethnic disparities in detention,conviction, and sentencing*

A significant body of literature has examined racial and ethnic inequalities in sentencing, focusing on how individual court actors make decisions, but fewer scholars have examined whether disparities are institutionalized through legal case factors. After finding racial and ethnic inequalities in pretrial detention, conviction, and incarceration based on 4 years of felony court data (N = 83,924) from Miami-Dade County, we estimate nonlinear decomposition models to examine how much of the inequalities are explained by differences in criminal history, charging, and for conviction and incarceration, pretrial detention. Results suggest that inequality is greatest between White non-Latinos and Black Latinos, followed by White non-Latinos and Black non-Latinos, ranging from 4 to more than 8 percentage points difference in the probability of pretrial detention, 7–13 points difference in conviction, 5–6 points in prison, and 4–10 points difference in jail. We find few differences between White non-Latinos and White Latinos. Between half and three-quarters of the inequality in pretrial detention, conviction, and prison sentences between White non-Latino and Black people is explained through legal case factors. Our findings indicate that inequality is, in part, institutionalized through legal case factors, suggesting these factors are not “race neutral” but instead racialized and contribute to inequalities in court outcomes.     

Of Race,Prison, and Perception: Seeking to Account for Racially Divergent Views on the Relative Severity of Sanctions

Several studies have found that offenders do not always perceive prison to be a harsher sanction than community-based punishments. Moreover, the literature shows that white offenders tend to estimate prison to be relatively more severe than do black offenders. The present study develops and tests eight possible explanations for the observed racial gap in perceptions. Relying on survey data from inmates in a large urban jail to establish sentencing preferences for black and white inmates, multivariate analyses show that the racial gap was attenuated but not eliminated by the explanations. This persistent racial difference in opinions of sanction severity is consistent with differential perceptions of criminal justice system fairness and merits additional research. The race gap has implications for theories on the effects of incarceration as well as sentencing practice.     

Incarceration among male veterans: relative risk of imprisonment and differences between veteran and nonveteran inmates

Using data from national surveys of jail and prison inmates conducted in 2002 and 2004, the authors found that male veterans in the age group that entered military service in the early years of the All Volunteer Force (AVF) were at greater risk of incarceration than nonveterans of similar age and ethnicity, whereas veterans who enlisted in later years of the AVF had less risk of incarceration than nonveterans. Although White veterans tend to have greater risk of incarceration than nonveteran Whites, Black and Hispanic veterans were at less risk than their nonveteran peers, although they are at greater risk than White veterans. These patterns are best explained by changes over time and in differential effects across racial/ethnic groups of recruiting practices, accession standards, and in civilian employment opportunities rather than combat trauma or other adverse experiences in the military. For example, reductions in the relative risk for incarceration of veterans during the AVF appear to generally result from increases in recruit qualifications and socioeconomic status due to greater military pay, improved skill in recruiting, and higher accession standards.     

Do drug courts reduce the use of incarceration?: A meta-analysis

Purpose

The objective of this research was to synthesize the empirical evidence on the effectiveness of adult drug courts to serve as an alternative to incarceration, and to investigate which features of drug courts predict successful diversion.

Methods

We performed a series of meta-analyses of different incarceration outcomes, and performed meta-regression analyses investigating which features of drug courts predict successful diversion.

Results

Drug courts significantly reduced the incidence of incarceration on the precipitating offense, corresponding to a reduction in confinement from 50% to 42% for jail and 38% for prison incarceration. However, drug courts did not significantly reduce the average amount of time offenders spent behind bars, suggesting that any benefits realized from a lower incarceration rate are offset by the long sentences imposed on participants when they fail the program. Meta-regression results indicated that certain drug courts features (i.e., program intensity, in-program sanctions, risk profile of participants) are related to incarceration outcomes.

Conclusions

The evidence concerning drug courts impact on incarceration is mixed. Drug courts eliminate the experience of incarceration for many drug-involved offenders, but they also do not appear to reduce the aggregate, near-term burden placed upon correctional resources. More research is required to confirm these findings.     

Crime Reduction and the Length of Prison Sentences

The issue discussed is whether policies of imposing increasingly lengthy prison sentences on serious criminal offenders reduce crime. The empirical evidence for the deterrence and incapacitation effects of incarceration is first examined and found to be of limited help in answering the question whether lengthy prison sentences reduce crime. Conceptual and normative analysis of deterrence and incapacitation suggest that we have little reason to believe that the general use of lengthy prison terms produces more good than harm for society, especially if the burdens of and alternatives to such prison terms are taken into account.     

The imprisoned nonviolent drug offender: Specialized martyr or versatile career criminal?

Some observers oppose imprisoning nonviolent drug offenders because they view incarceration as costly and such persons as generally benign. The careercriminal literature has established that perpetrators, including drug violators, commit an array of offenses. The current study merges these debates using a sample of 500 arrested adults selected from an urban jail in the western United States. Drug offenders amassed a much more extensive arrest history than other suspects net the effects of age, race, sex, prison history, and arrest onset. Drug offenders are quite versatile and do not conform to the image of specialized violators who are nominally criminal.     

If You Build It,They Will Fill It: The Consequences of Prison Overcrowding Litigation

This article examines the consequences of prison overcrowding litigation for U.S. prisons. We use insights derived from the endogeneity of law perspective to develop expectations about the likely impact of overcrowding litigation on five outcomes: prison admissions, prison releases, spending on prison capacity, prison crowding, and incarceration rates. Using newly available data on prison overcrowding litigation cases joined with panel data on U.S. states from 1971 to 1996, we offer a novel and comprehensive analysis of the impact that overcrowding litigation has had on U.S. prisons. We find that it had no impact on admissions or release rates and did not lead to any reduction in prison crowding. Litigation did, however, lead to an increase in spending on prison capacity and incarceration rates. We discuss the implications of these results for endogeneity of law theory, attempts to achieve reform through litigation, and the politics of prison construction.     

Structured Assessment of Correctional Adaptation (SACA): a measure of the impact of incarceration on the mentally ill in a therapeutic setting

Clinicians have observed that psychiatric patients with correctional histories evidence attitudes and behaviors that seem adaptive in penal environments but are maladaptive in mental health settings. This study sought to assess the reliability and concurrent validity of a rating scale designed to measure correctional adaptation using a sample of 64 patients from a state psychiatric hospital. Scale ratings were obtained through structured interviews, whereas predictor variables were gleaned from chart review and self-report. The scale demonstrated good interrater reliability (ICC = .83) and acceptable internal consistency (alpha= .67). Of the variables evaluated, two were significantly correlated with Structured Assessment of Correctional Adaptation (SACA) total scores, total months sentenced to prison or jail (r = .26), and frequency of disciplinary tickets while in prison or jail (r = .31). Stepwise regression analyses revealed only the latter variable significantly predicted SACA score (R = .31), F(1, 58) = 6.27, p < .05. Clinical implications of these findings, the scale, and the construct of correctional adaptation are discussed.