Gender Differences in Felony Court Processing:

Interactive analyses examined three related hypotheses of disparity. The typicality hypothesis proposes that women are treated with chivalry in criminal processing, but only when their charges are consistent with stereotypes of female offenders. Selective chivalry predicts that decision makers extend chivalry disproportionately to white females. Differential discretion suggests that disparity is most likely in informal decisions such as charge reduction rather than in formal decisions at final sentencing. Data for the analysis derived from 9,966 felony theft cases and 18,176 felony assault cases disposed in California in 1988. Gender disparity was evident in findings that females with no prior record were more likely than similar males to receive charge reductions, and this enhanced females' chances for probation. The only indication of selective chivalry was a greater tendency to change charges of assault to nonassault among white female defendants than among minority females. Pivotal decisions concerning charge reduction provided partial support for the notion of differential discretion. The findings provided no clear support for the typicality thesis.     

Under the skin of probation: A statewide analysis

This analysis examines the inter- and intra-racial/ethnicity effects of skin tone variations in a sample of probationers across three dependent variables: probation length, successful completion, and revocation due to technical violations. Darker tones were linked to shorter probation terms with the exception of African Americans, among whom no effect was found. Darker tones were also associated with a decreased likelihood of successful probation completion. Conversely, probation success likelihood was higher among light skinned Hispanics. Finally, lighter tones were also associated with increased risks of probation revocation. Importantly, across the analysis any significant effects for Whites dissipated once Hispanics were removed from the analysis. Explanations of the contrary findings are offered drawing from scholarship on normal crimes and racial threat.     

法国重罪陪审制度的启示与借鉴

陪审制度具有重要的政治意蕴与司法功能。在法国,对于法定刑较重的重大案件,实行以随机方式抽选一般国民担任陪审员,由陪审员与职业法官组成合议庭,共同审理案件,一起决定定罪量刑的制度。法国重罪陪审制度对于完善我国人民陪审员制度,如构建重罪、复杂案件由陪审团审理的制度,取消对陪审员学历的要求、确立科学的陪审员遴选程序与陪审团评议表决程序方面具有重要的借鉴意义。     

The Disposition of Felony Arrests

While we know a great deal about the disposition of felony arrests that reach the trial stage, we know little about the details of the dispositions reached without trial. And yet, this latter category forms as a rule over 90 percent, in New York City 98 percent, of all dispositions. Basing his analysis on a study done in the early 1970s, the author describes and presents data on the various stages in the process from arrest to final disposition through plea bargaining, trial, or dismissal of the case. For the first time, this usually opaque disposition pattern prior to trial emerges in the clarity of 23 graphs that illustrate the analysis. Of particular interest are some new insights into the mechanism of the plea bargaining process.     

Volunteers in probation: A research note on evaluation

Despite the widespread adoption of volunteers in courts, probation, and parole, surprisingly little hard evidence exists demonstrating their effectivenes. Several studies are reviewed and one is reported on here. These studies suggest that volunteers are not effective. The reason for this may be that volunteers compete unsuccessfully with other aspects of clients' environment. Reasons for the adoption of volunteer programs may include selection biases that falsely tend to make volunteers seem effective. Recommendations for definitive study of volunteer programs are made.     

The commitment of delinquents to their misdeeds: A re-examination

Do delinquents and nondelinquents adhere to similar or contrasting value systems? The results of a study undertaken to resolve the conflicting conclusions of Sykes and Matzas' studies and those of Cohen, Cloward and Ohlin, and Hindelang are reported. Correlations of participation in delinquent activities and approval or disapproval of those activities indicate that delinquents generally hold “middle class” values, but violate them in a search for excitement.     

Cynicism among juvenile probation officers: A study of subverted ideals

Since Niederhoffer's pioneering work with police, much attention has been paid to cynicism in several criminal justice settings. This research has led to a concept of cynicism as multidimensional. Based on these research findings, this study investigated cynicism in a new setting—juvenile probation. The specific focus was cynicism toward the rehabilitative ideal in juvenile justice. The study found that professionalism and longevity had effects that were opposite to what has been found in other settings. Moreover, this study found that idealistic cynicism is independent of perceptions of procedural efficacy, delinquency etiology, and, importantly, JPO role performance. We take these results to be in keeping with a general conclusion that cynicism is a judgment that varies within and across settings, audiences, and philosophical ideals, which calls for continued research refined by greater appreciation of situational specificity.     

“重重”：世界范围内教育刑主义的反动

面对严重危及社会生存与发展、民众安宁与秩序的一些严重犯罪,"重重"是世界范围内的一种刑事政策选择现实与趋势."重重"绝非一种重刑主义政策,其核心含义与要求是严密法网并严格责任.其基本的理论假定是:既然刑罚的矫治罪犯、回归犯罪人并预防犯罪的目的对有些犯罪与犯罪人难以达到,那么起码有一点能够做到,那就是,让刑罚发挥其能够起到的惩罚犯罪的作用,从而更好地保护社会.     

A recidivism analysis of Maryland's community probation program

This study employed a type of quasi-experimental research design that compared a sample of offenders who underwent community supervision (HotSpot) with a matched sample of offenders who underwent “normal” probation supervision (presample) in Maryland. In addition to examining the recidivism pattern of both offender groups, specific attention was also devoted to the potential inhibiting effects of social bonds. Twelve months of recidivism information was collected to include both rearrest and technical violations. Results suggested that the survival distribution (for both rearrest and technical violation) of HotSpot probationers was not significantly different from the survival distribution for pre-HotSpot probationers. In addition, probationer's level of “stakes in conformity” served to inhibit both measures of recidivism, suggesting that offenders with more social bonds were less likely to incur a rearrest or citation for a technical violation. Theoretical and policy implications are highlighted, as are directions for future research.     

建立中国轻罪制度的理论选择——以劳动教养为范例的分析

一、问题及其意义 1987年,劳动教养立法就列入了我国的“七五”立法规划,1991年和1995年又分别被列入我国的“八五”立法规划和“九五”立法规划。司法部劳动教养管理局、原国务院法制局和全国人大为劳动教养法的出台,做了大量艰苦细致的工作。但劳教立法十多年的实践已经证明,劳动教养立法最为缺乏的是有力的理论支撑。虽然,从表面上看,劳动教养法典起草过程中,遇到的最主要和最棘手的问题是有关部门权力和利益的分配与协调。实质上,这些问题如果不首先从理论上即学理上给予说明,就会导致在立法上,不     

The effect of shock and regular probation upon recidivism: A comparative analysis

Previous studies of shock probation have reported mixed effects with regard to recidivism rates. This particular study compared the attributes of a sample of shock and regular probationers and discovered that type of probation was not significantly related to rearrest rates.     

Case Dismissed: Police Discretion and Racial Differences in Dismissals of Felony Charges

Prior research has produced conflicting evidence of racial profilingduring traffic stops. We instead analyze rates of case dismissalagainst felony arrestees by race. Superficial bias based on"unobservables" should be reduced because of the evidentiaryrequirements and nonnegligible costs of filing charges. Nonetheless,using data from over 58,000 US felony cases from 1990 to 1998,our probit analysis finds higher rates of dismissals for blacksfor the subset of crimes that rely on police to make snap judgments.This suggests there may be more aggressive policing of blacksin these situations. Case dismissal rates are also elevatedfor both whites and blacks when blacks are underrepresentedon local police forces.     

He Versus She: A Gender-Specific Analysis of Legal and Extralegal Effects on Pretrial Release for Felony Defendants

The current study sought to identify significant predictors of pretrial processing for both male and female defendants in an aggregate sample. The data used in this study were taken from the State Court Processing Statistics, 1990–2000: Felony Defendants in Large Urban Counties (Bureau of Justice Statistics, 2004 Bureau of Justice Statistics . ( 2004 ). State court processing statistics, 1990–2000: Felony defendants in large urban counties [ Computer file ]. Ann Arbor , MI : Inter-University Consortium for Political and Social Research . [Google Scholar]). The original sample included a total of 87,437 felony cases. The relationships between relevant independent variables and 5 separate dependent variables (denial of bail, non-financial release, amount of bail set, making bail, and pretrial incarceration) were analyzed using both multivariate regression and Z-score comparisons within gender-specific models. Findings suggest that the effects of certain independent variables on pretrial release decisions and outcomes are different between the gender-specific models.     

Mental disorder and probation policy and practice: A view from the UK

This article is concerned with the manner in which offenders with mental illnesses serving community sentences are identified and treated by the probation service in the UK. It presents the results of recent research examining the prevalence levels of current and lifetime mental illness, substance misuse, and dual diagnosis and suicide rates amongst those serving community sentences in the UK. These high levels of mental disorder are not being addressed by probation policy or practice in a manner that is effective or sensitive. The article concludes by considering the relevance of innovative approaches to the treatment of offenders with mental illnesses in the community currently being adopted in the US to the UK.     

Symbol and Substance: Effects of California's Three Strikes Law on Felony Sentencing

California's “three strikes and you're out” law is the most notorious example of the wave of mandatory sentencing policies that many states enacted beginning in the late 1970s. While advocates and critics predicted the law would have profound effects on aggregate punishment trends and individual case outcomes, Feeley and Kamin's analysis of previous sentencing reforms suggested the law's impact would be mainly symbolic because local officials would ignore, subvert, or nullify its major provisions. While aggregate analyses have tended to confirm this argument, so far there has been no systematic test of the law's effect on individual cases. This analysis uses multilevel models applied to case‐level data from 12 urban California counties to test hypotheses about shifts in average punitiveness, the relative influence of legal and extralegal factors on sentencing, and the uncertainty of sentencing outcomes. Results mostly support Feeley and Kamin's symbolic interpretation, but also reveal important substantive impacts: since Three Strikes, sentences have become harsher, particularly in politically conservative counties, and black felons receive longer prison sentences.     

重罪案件适用认罪认罚从宽制度研究

随着认罪认罚从宽制度的不断发展,该制度的整体适用率逐步提高.其中,认罪认罚从宽制度在重罪案件领域的适用问题备受关注,这与重罪案件办理的现实需求关系密切.从实践情况来看,在重罪案件办理过程中,认罪认罚从宽制度的适用存在诸多问题,包括地方适用情况差距较大、适用影响因素较复杂、部分重罪案件适用效果较有限等.实际上,在重罪案件适用认罪认罚从宽制度过程中,检察机关发挥重要的审前主导作用,体现在证据情况的把握、控辩协商的程序以及量刑建议的提出等方面.为了更好地促进认罪认罚从宽制度在重罪案件中的有效实施,未来还需要进一步明确具体的适用标准,完善控辩协商机制,发挥庭前会议功能,保障良好社会效果.