SELF-ESTEEM AND DEVIANCE: THE EFFECTS OF RACE AND GENDER*

Provision of occupational and educational opportunities has been the accepted means of reintegrating offenders into society because, with assumption of conventional roles, they are believed to experience improved economic conditions and renewed feelings of respectability. However, given the limited legal options available to them, offender self-esteem may continue to depend on immersion in deviant subcultures. To examine the effects of subcultural and conventional life-styles on offender self-esteem, a sample of 372 heroin addicts in treatment was surveyed. Employment had a positive effect on the self-esteem of white male addicts only; the self-evaluations of black male, black female, and white female addicts were unaffected by employment because these users were subjected to less stable working conditions. Subcultural integration had no impact or negative impact on the self-esteem of black male, black female, and white female addicts while subcultural involvement was associated with higher self-esteem in white males. The fact that white male addicts experienced favorable self-evaluations with involvement in both conventional and deviant life-styles is inconsistent with research which suggests an antagonism between crime and work: rather, these data seem to indicate that the join pursuit of legal and illegal professions may be more common.     

PUNITIVE DAMAGES,CHINESE TORT LAW,AND THE AMERICAN EXPERIENCE

In a country such as China, with abundant consumer products and the inevitability of product defects, claims for punitive damages are sure to arise under Article 47 of the new Chinese Tort Law. Article 47 provides that “(w)hereany producer or seller knowingly produces or sells defective products, causing death or serious damage to the health of others, the injured party may request appropriate punitive damages.” As Chinese jurists and scholars interpret Article 47, they may wish to consider whether lessons can be drawn from the American experience. During the past two decades, few areas of American law have changed more radically than the law on punitive damages. While there were once few restraints on the ability of a judge or jury to impose punitive damages in a case involving egregious conduct, today there are a host of limitations embodied in American state and federal law. In many American states, statutes or judicial decisions restrict the ability of a court to award punitive damages by narrowly defining the types of conduct that will justify a punitive award, raising the standard of proof, capping the amount of punitive damages, requiring a portion of a punitive award to be forfeited to the state, or limiting vicarious liability for punitive damages. In addition, under federal constitutional law, the principle of due process limits the imposition of punitive damages by scrutinizing the ratio between compensatory and punitive damages and prohibiting an award to be based on harm to persons other than the plaintiff. An examination of these developments from a comparative law perspective may prove useful to the implementation of Article 47.     

THE INTERACTION OF RACE, GENDER, AND AGE IN CRIMINAL SENTENCING: THE PUNISHMENT COST OF BEING YOUNG, BLACK, AND MALE

Prior theory and research on sentencing oversimplify the role of race, gender and age in judicial decision making. In this article we present a "focal concerns" theory of judicial decision making to frame hypotheses regarding the effects on sentencing of these social statuses, both singly and in combination. Analyzing statewide sentencing outcomes in Pennsylvania for 1989–1992, we find that, net of controls: (1) young black males are sentenced more harshly than any other group, (2) race is most influential in the sentencing of younger rather than older males, (3) the influence of offender's age on sentencing is greater among males than females, and (4) the main effects of race, gender, and age are more modest compared to the very large differences in sentencing outcomes across certain age-race-gender combinations. These findings demonstrate the importance of considering the joint effects of race, gender, and age on sentencing, and of using interactive rather than additive models.     

PUTTING VIOLENCE IN ITS PLACE: THE INFLUENCE OF RACE,ETHNICITY, GENDER,AND PLACE ON THE RISK FOR VIOLENCE*

Research Summary: This research shows that non-Latino black, non-Latino white, and Latino males and females in the U.S. experience significantly different levels of stranger and non-stranger violence, and that these forms of non-lethal violence are especially pronounced in areas with high levels of socioeconomic disadvantage. Many of the differences between these groups are eliminated once community and other individual characteristics are taken into account. Policy Implications: The results suggest that victimization resources should be geographically targeted at places with high levels of poverty and single-parent families, and that the most stable institutions within these communities be drawn upon to deliver information about victimization prevention and services.     

GENDER,RACE, AND HABITUAL OFFENDER SENTENCING IN FLORIDA*

This study explores the effects of race and gender on habitual offender sentencing in Florida. The sample consists of 1,103 female offenders admitted to the Florida Department of Corrections in fiscal year 1992–1993 who were eligible for sentencing under the habitual offender statute. Controlling for prior record, crime seriousness, crime type, and sentencing county contextual variables through logistic regression analysis, defendant race was found to be a relevant and statistically significant factor in the enhanced sentencing of female offenders. This factor was most noticeable with black female drug offenders and under structural contexts that were “high,” i.e., the percent of the population black, drug arrest rates, and violent crime rates. The race effects found with this sample of female offenders were often stronger than those in the Crawford et al. 1998 study of 9,960 eligible male offenders in Florida. The relevance of these findings is discussed.     

RACE AND GENDER EFFECTS ON FEAR OF CRIME: AN INTERACTIVE MODEL WITH AGE*

While the literature on fear of crime is not wholly consistent, results generally indicate that blacks, women, and the elderly are the groups most fearful. In those instances where race, gender, and age have been simultaneously taken into account, studies have generally assumed that the relationships are additive. However, the gerontological literature suggests that age ofen interacts with other status characteristics in producing quality of life differences. Multiple regression techniques are used on survey data from eight Chicago neighborhoods to assess whether or not the effects of age, race, and gender on fear of crime are interactive. Findings indicate that significant interactions are present, and the relevance of these findings are discussed in terms of actual and perceived risks of victimization and of subcultural interpretations of crime and fear of crime.     

UNDERSTANDING THE INFLUENCE OF VICTIM GENDER IN DEATH PENALTY CASES: THE IMPORTANCE OF VICTIM RACE,SEX‐RELATED VICTIMIZATION,AND JURY DECISION MAKING*

Using data from the Baldus, Woodworth, and Pulaski (1990) study of Georgia's death penalty system, we examine the influence of victim gender in death penalty cases. Furthermore, to improve our understanding of the meaning of victim gender, we consider 1) the joint effects of victim gender and victim race, 2) victimization characteristics that might explain victim gender effects, and 3) the impact of victim gender at different decision‐making stages in the death penalty case process. We find that both victim gender and race are associated with death sentencing outcomes and that an examination of the joint effects of victim gender and race reveals considerable differences in the likelihood of receiving a death sentence between the most disparate victim race–gender groups. In particular, it seems that black male victim cases are set apart from all others in terms of leniency afforded to defendants. We also show that the effect of victim gender is explained largely by gender differences in the sexual nature of some homicides. An examination of prosecutorial and jury decision making reveals that although victim gender has little impact on prosecutorial decisions, it has a meaningful impact on jury decisions.     

INCOME INEQUALITY,RACE, AND PLACE: DOES THE DISTRIBUTION OF RACE AND CLASS WITHIN NEIGHBORHOODS AFFECT CRIME RATES?*

This study tests the effects of neighborhood inequality and heterogeneity on crime rates. The results of this study, which were obtained by using a large sample of census tracts in 19 cities in 2000, provide strong evidence of the importance of racial/ethnic heterogeneity for the amount of all types of crime generally committed by strangers, even controlling for the effects of income inequality. Consistent with predictions of several theories, greater overall inequality in the tract was associated with higher crime rates, particularly for violent types of crime. Strong evidence revealed that within racial/ethnic group inequality increases crime rates: Only the relative deprivation model predicted this association. An illuminating finding is that the effect of tract poverty on robbery and murder becomes nonsignificant when the level of income inequality is taken into account; this finding suggests that past studies that failed to take income inequality into account may have inappropriately attributed causal importance to poverty. This large sample also provides evidence that it is the presence of homeowners, rather than residential stability (as measured by the average length of residence), that significantly reduces the level of crime in neighborhoods.