REDEMPTION IN THE PRESENCE OF WIDESPREAD CRIMINAL BACKGROUND CHECKS*

Criminal background checks have now become ubiquitous because of advances in information technology and growing concerns about employer liability. Also, a large number of individual criminal records have accumulated and have been computerized in state repositories and commercial databases. As a result, many ex‐offenders seeking employment could be haunted by a stale record. Recidivism probability declines with time “clean,” so some point in time is reached when a person with a criminal record, who remained free of further contact with the criminal justice system, is of no greater risk than a counterpart of the same age—an indication of redemption from the mark of crime. Very little information exists on this measure of time until redemption and on how its value varies with the crime type and the offender's age at the time of the earlier event. Using data from a state criminal‐history repository, we estimate the declining hazard of rearrest with time clean. We first estimate a point of redemption as the time when the hazard intersects the age–crime curve, which represents the arrest risk for the general population of the same age. We also estimate another similar redemption point when the declining hazard comes “sufficiently close” to the hazard of those who have never been arrested. We estimate both measures of redemption as a function of the age and the crime type of the earlier arrest. These findings aid in the development of guidelines for the users of background checking and in developing regulations to enhance employment opportunities for ex‐offenders.     

THE EFFECT OF CRIMINAL BACKGROUND CHECKS ON HIRING EX‐OFFENDERS*

Research Summary The rapid increase in the nation's incarceration rate over the past decade has raised questions about how to reintegrate a growing number of ex‐offenders successfully. Employment has been shown to be an important factor in reintegration, especially for men over the age of 27 years who characterize most individuals released from prison. This article explores this question using unique establishment‐level data collected in Los Angeles in 2001. On average, we replicate the now‐common finding that employer‐initiated criminal background checks are negatively related to the hiring of ex‐offenders. However, this negative effect is less than complete. The effect is strongly negative for those employers that are legally required to perform background checks, which is not surprising because these legal requirements to perform checks are paired with legal prohibitions against hiring ex‐offenders. However, some employers seem to perform checks to gain additional information about ex‐offenders (and thus hire more ex‐offenders than other employers), and checking seems to have no effect on hiring ex‐offenders for those employers not legally required to perform checks. Policy Implications One public policy initiative that has received considerable attention is to deny employers access to criminal history record information, which includes movements to “ban the box” that inquires about criminal history information on job applications. The assumption underlying this movement is that knowledge of ex‐offender status leads directly to a refusal to hire. The results of this analysis show that policy initiatives aimed at restricting background checks, particularly for those firms not legally required to perform checks, may not have the desired consequences of increasing ex‐offender employment. This result is consistent with an alternative view that some employers care about the characteristics of the criminal history record and use information about criminal history in a more nuanced, nondiscrete way.     

A NEW LOOK AT THE EMPLOYMENT AND RECIDIVISM RELATIONSHIP THROUGH THE LENS OF A CRIMINAL BACKGROUND CHECK*

Criminal background checks are increasingly being incorporated into hiring decisions by employers. Although originally uncompromising—almost anyone with a criminal record could be denied employment—court rulings and policy changes have forced criminal background checks to become more nuanced. One motivation for allowing more individuals with criminal records to work is to decrease recidivism and encourage desistance. In this article, we estimate the causal impact of receiving a clearance to work on subsequent arrests for individuals with criminal records who have been provisionally hired to work in certain nonlicensed health‐care jobs in New York State (N = 6,648). We employ an instrumental variable approach based on a substantive understanding of the state‐mandated criminal background check process. We examine age‐graded effects within this group of motivated individuals and differential effects by sex in the rapidly growing health‐care industry, which is typically dominated by women. Our estimated local average treatment effect indicates a 2.2‐percentage‐point decrease in the likelihood of a subsequent arrest in 1 year and a 4.2‐percentage‐point decrease over 3 years. We find meaningful variations by sex; men are 8.4 percentage points less likely to be arrested over the 3‐year period when cleared compared with a 2.4‐percentage‐point (and nonsignificant) effect for women. Older women in particular are driving the nonsignificant results for women.     

MENTORS AND CRIMINAL ACHIEVEMENT*

Much of the research focusing on conventional occupations concludes that mentored individuals are more successful in their careers than those who are not mentored. Early research in criminology made a similar claim. Yet contemporary criminology has all but ignored mentors. We investigate this oversight, drawing on Sutherland's insights on tutelage and criminal maturation and incorporating ideas on human and social capital. We argue that mentors play a key role in their protégés' criminal achievements and examine this hypothesis with data from a recent survey of incarcerated adult male offenders in the Canadian province of Quebec. In this sample, a substantial proportion of respondents reported the presence of an influential individual in their lives who introduced them to a criminal milieu and whom they explicitly regarded as a mentor. After studying the attributes of offenders and their mentors, we develop a causal framework that positions criminal mentor presence within a pathway that leads to greater benefits and lower costs from crime.     

SPECIALIZATION AND THE CRIMINAL CAREER*

Hirschi recently (1985) attempted to show the compatibility of social control with rational choice theory. This effort by Hirschi is noteworthy because, if successful, he could provide a connection between positive and classical sentiments which have traditionally appeared in contention. Hirschi fails, however, to achieve his objective and is hindered by what he views as the incompatible objectives of the two theories. Hirschi uses the recently accepted findings which indicate lack of specialization among persons involved in illegal behavior to illustrate the difference he sees between criminality and crime and, thus, the divergence between social control and rational choice. This paper attempts to remove the barrier found by Hirschi by providing improved measurement of specialization, such as has been proposed by Farrington (1986) and Klein (1984), and by placing the results in a more realistic criminal careers perspective than has been done in previous studies. This study utilizes data from the 1958 Philadelphia Birth Cohort. With information to age 26 for 27,160 persons, these data are perhaps better suited to investigate this topic than any available.     

INDEFINITE PUNISHMENT AND THE CRIMINAL RECORD: STIGMA REPORTS AMONG EXPUNGEMENT‐SEEKERS IN ILLINOIS*

Although criminal records in the United States are more publicly accessible than ever before, we lack knowledge about how record‐bearers seek to overcome the negative consequences associated with a visible criminal record as they apply for jobs, housing, and financial aid. Furthermore, although criminal histories record all arrests—and not just those that result in conviction—researchers have yet to compare how those with more extensive versus minor criminal records cope with criminal record stigma. We present interview data from a comparative study of expungement‐seekers (N = 53) who have petitioned the courts to remove their criminal records from public view. One group had extensive criminal records (46 percent); the other group had more minor criminal records (54 percent). Several key findings emerged. First, both groups of participants tried, but failed, to persuade potential employers and landlords to overlook the criminal record. They also faced restricted educational opportunity. Second, participants in both groups expressed distress that criminal justice contact could follow them throughout their lives, subjecting them to ongoing stigma. However, those with extensive versus minor criminal records offered different rationales explaining why the visible criminal record history unfairly burdened them. Implications for reintegration theory and policy are discussed.     

RACE-SPECIFIC EMPLOYMENT CONTEXTS AND RECIDIVISM*

Although much literature has examined macrolevel employment contexts and crime rates and, at the individual level, employment and offending, few studies have examined systematically whether macrolevel employment contexts influence individual-level offending. At the same time, emerging literature on prisoner reentry increasingly underscores the potential importance of the social environment for impeding or facilitating successful transitions back into society. All three avenues of inquiry have emphasized the salience of race-specific and offense-specific effects. This study extends prior work on ecology and offending, employment and crime, and prisoner reentry by examining the race-specific effects of unemployment rates and manufacturing employment rates on violent, property, and drug recidivism. By analyzing data on male ex-prisoners released to 67 counties in Florida, we found, as hypothesized, that Black ex-prisoners released to areas with higher Black male unemployment rates have a greater likelihood of violent recidivism. No comparable effect was identified for White exprisoners. However, we found that White ex-prisoners, especially those without prior violent convictions, have a lower likelihood of violent recidivism when released to areas with higher White male manufacturing employment rates. We discuss the findings and their implications for theory, research, and policy.     

GENDER,STREETLIFE AND CRIMINAL RETALIATION*

Recent work in criminology has highlighted the central role of retaliation in shaping criminal violence in America's inner cities. Most of this work, however, has been based on male offenders. It has also failed to consider whether and how gender structures payback in real‐life settings and circumstances. In this paper, we analyze in‐depth, semi‐structured interviews with forty men and twelve women who recently engaged in one or more episodes of retaliatory violence to examine the ways in which gender shapes vengeance. We hope to provide an insider's view of how gender frames the context and dynamics of retaliatory events for both men and women.     

MOTHERHOOD AND CRIMINAL DESISTANCE IN DISADVANTAGED NEIGHBORHOODS*

Evidence from several qualitative studies has suggested that the transition to motherhood has strong inhibitory effects on the delinquency and drug use trajectories of poor women. Quantitative studies, however, typically have failed to find significant parenthood or motherhood effects. We argue that the latter research typically has not examined motherhood in disadvantaged settings or applied the appropriate statistical method. Focusing on within-individual change, we test the motherhood hypothesis using data from a 10-year longitudinal study of more than 500 women living in disadvantaged Denver communities. We find that the transition to motherhood is associated significantly with reductions in delinquency, marijuana, and alcohol behaviors. Moreover, we find that the effect of motherhood is larger than that of marriage for all outcomes. These results support the qualitative findings and suggest that the transition to motherhood—and not marriage—is the primary turning point for disadvantaged women to exit delinquent and drug-using trajectories.     

THE EDGE OF STIGMA: AN EXPERIMENTAL AUDIT OF THE EFFECTS OF LOW‐LEVEL CRIMINAL RECORDS ON EMPLOYMENT

Ample experimental evidence shows that the stigma of a prison record reduces employment opportunities (Pager, 2007). Yet background checks today uncover a much broader range of impropriety, including arrests for minor crimes never resulting in formal charges. This article probes the lesser boundaries of stigma, asking whether and how employers consider low‐level arrests in hiring decisions. Matched pairs of young African American and White men were sent to apply for 300 entry‐level jobs, with one member of each pair reporting a disorderly conduct arrest that did not lead to conviction. We find a modest but nontrivial effect, with employer callback rates about 4 percentage points lower for the experimental group than for the matched control group. Interviews with the audited employers suggest three mechanisms to account for the lesser stigma of misdemeanor arrests relative to felony convictions: 1) greater employer discretion and authority in the former case; 2) calibration of the severity, nature, and timing of the offense; and 3) a deeply held presumption of innocence, which contrasts the uncertainty of arrest with the greater certainty represented by convictions. In addition, personal contact and workplace diversity play important roles in the hiring process.     

CHILD ABUSE,NEGLECT, AND VIOLENT CRIMINAL BEHAVIOR*

Using a prospective cohorts design, official criminal histories for a large sample of substantiated and validated cases of physical and sexual abuse and neglect from the years 1967 through 1971 (n = 908) were compared with those of a matched control group (n = 667) of individuals with no official record of abuse or neglect. Abused and neglected subjects had higher rates of having an adult criminal record than controls and a larger number of arrests as an adult. Based on a logit analysis, a model using four explanatory variables (age, sex, race, and abuse/neglect status) provided a good fit. In comparison with controls, abused and neglected subjects also had a higher frequency of arrests for violent offenses as adults; however, this was due primarily to significantly more adult violent offenses by abused males. Support for the cycle of violence is discussed as well as sex differences in the results, limitations of the findings, and implications for further research.     

GENDER AND CRIMINAL COURT OUTCOMES: AN HISTORICAL ANALYSIS*

Research on gender differences in criminal sanctions generally finds a pattern of more lenient outcomes for female offenders, while noting that the effect of gender varies in relation to a number of contextual influences. As yet, however, little attention has been paid to how the relationship of gender to court outcomes varies across different historical periods. This paper examines this issue, using data on male and female offenders committed to Middlesex County Jail, Ontario, during the Urban Reform Era (1871–1920). The findings reveal an overall pattern of more severe dispositions for female offenders in the past. At the same time, there is considerable variability in the impact of gender across different measures of sanction severity, various offender and offense attributes, and from the late nineteenth to the early twentieth century. The study highlights the need for research in this area to be sensitive to the historically specific nature of the relations among gender roles, formal and informal control mechanisms, and criminal sanctions.     

EXPLAINING THE RELATIONSHIP BETWEEN EMPLOYMENT AND JUVENILE DELINQUENCY*

Most criminological theories predict an inverse relationship between employment and crime, but teenagers' involvement in paid work during the school year is correlated positively with delinquency and substance use. Whether the work–delinquency association is causal or spurious has been debated for a long time. This study estimates the effect of paid work on juvenile delinquency using longitudinal data from the national Monitoring the Future project. We address issues of spuriousness by using a two-level hierarchical model to estimate the relationships of within-individual changes in juvenile delinquency and substance use to those in paid work and other explanatory variables. We also disentangle the effects of actual employment from the preferences for employment to provide insight about the likely role of time-varying selection factors tied to employment, delinquency, school engagement, and leisure activities. Whereas causal effects of employment would produce differences based on whether and how many hours respondents worked, we found significantly higher rates of crime and substance use among nonemployed youth who preferred intensive versus moderate work. Our findings suggest the relationship between high-intensity work and delinquency results from preexisting factors that lead youth to desire varying levels of employment.     

CRIMINAL CHARGE OR PROBATION VIOLATION? PROSECUTORIAL DISCRETION AND IMPLICATIONS FOR RESEARCH IN CRIMINAL COURT PROCESSING*

Feeney et al. (1983) observe that arrests not resulting in convictions may nonetheless receive substantial punishment through reliance on alternative, less formal, means of imposing sanctions. Utilizing a sample of 1427 domestic violence cases supplemented by interviews with prosecutors, we analyze this phenomenon. We conclude that the majority of cases disposed by such means originate as new criminal charges, which are then rejected or dismissed in favor of resolution through use of the prosecutor's power to initiate probation violation hearings. In almost all instances, these cases result in a jail or prison sentence, underlining that outcomes such as “rejection” and “dismissal” are not synonymous with case termination. Failure to appreciate this distinction can lead to serious measurement error.     

JUVENILITY AND PUNISHMENT: SENTENCING JUVENILES IN ADULT CRIMINAL COURT*

The study outlined in this article addressed a key limitation of prior research on the punishment of juveniles transferred to adult court by employing propensity score matching techniques to create more comparable samples of juvenile and young adult offenders. Using recent data from the Maryland State Commission on Criminal Sentencing Policy, it tested competing theoretical propositions about the salience of juvenile status in adult court. Findings indicate that even after rigorous statistical matching procedures, juvenile offenders are punished more severely than their young adult counterparts. We found no evidence that this “juvenile penalty” is exacerbated by an offender's race or gender, but it does vary starkly across offense type and mode of transfer, being driven primarily by drug crimes and discretionary waivers. The import of these findings is discussed as they relate to the future of juvenile justice policy regarding the continued use of juvenile transfer to adult court.     

THE STRUCTURAL SIMILARITY OF PROCESSES GENERATING CRIMINAL AND ANALOGOUS BEHAVIORS*

It is possible to distinguish between broad-domain theories that offer an explanation for all phenomena of interest to a discipline and narrow-domain theories that attempt to explain a subset of those phenomena. In criminology, this distinction has prompted theorists and researchers to confront the question of whether the same etiological process can explain variation in all types of criminal offending behavior or whether it will be necessary to adopt different theories to explain variation in different kinds of criminal behavior. One broad-domain theory, advanced by Gottfredson and Hirschi (1990), contends that a variable called “self-control” can account for variation in all kinds of criminal conduct as well as variation in many acts that are “analogous” to crime in some ways but are not actually criminal. Analogous behaviors include, among other things, smoking, drinking, involvement in accidents, gambling, and loitering. Using data from the Cambridge Study in Delinquent Development (N = 369 males), we attempt to define operationally the concept of self-control with a set of variables measured at ages 8–9. We then examine the empirical association between this self-control measure and self-reported involvement in a variety of criminal and analogous acts during adolescence. In support of Gottfredson and Hirschi's position, our results indicate that self-control is associated with both outcomes and that the strength of the association is approximately equal. Contrary to the expectations of their theory, however, was our finding that the covariance between criminal and analogous behaviors could not be explained entirely by variations in self-control. This finding suggests that factors other than time-stable differences in criminal propensity do matter for criminal and legal, but, risky behaviors.     

SOCIAL BACKGROUND AND THE SENTENCING BEHAVIOR OF JUDGES*

This paper explores the extent to which the social background of judges affects their sentencing behavior. An analysis of data on felons convicted in Georgia suggests that background has little direct bearing on sentencing outcomes. Instead, it conditions the weight judges attach to legally relevant and social background factors. Expectations about the role of the judge's age, religion, prior prosecutorial experience, and local background received mixed support. Older judges were selectively more punitive than their younger colleagues, but they did not direct this punitiveness toward disadvantaged offenders. Nor was there evidence that male judges were paternalistic toward female offenders. Baptist and Fundamentalist judges also sentenced more punitively, but they were not more likely than other judges to discriminate against black or disadvantaged offenders. Rather, they appeared to hold white and older offenders to a higher standard of behavior. Former prosecutors were selectively punitive and applied the law more uniformly than nonprosecutors. Local judges appeared to be more responsive to public demands for incarceration and sentenced more particularistically. These results illustrate the importance of considering judicial background in conjunction with case attributes, and they underscore the need for research that increases our understanding of judicial background as a conditioner of differential treatment during sentencing.