THE IMPRISONMENT PENALTY PAID BY YOUNG, UNEMPLOYED BLACK AND HISPANIC MALE OFFENDERS

A recent study of sentencing decisions in Pennsylvania (Steffensmeier et al., 1998) identified significant interrelationships among race, gender, age, and sentence severity. The authors of this study found that each of the three offender characteristics had significant direct effects on sentence outcomes and that the characteristics interacted to produce substantially harsher sentences for one category of offenders—young black males. This study responds to Steffensmeier et al.'s (1998:789) call for "further research analyzing how race effects may be mediated by other factors." We replicate their research approach, examining the intersections of the effects of race, gender, and age on sentence outcomes. We extend their analysis in three ways: We examine sentence outcomes in three large urban jurisdictions; we include Hispanics as well as blacks and test for interactions between ethnicity, age, and gender; and we test for interactions between race/ethnicity, gender, and employment status. Our results are generally—although not entirely—consistent with the results of the Pennsylvania study. Although none of the offender characteristics affects the length of the prison sentence, each has a significant direct effect on the likelihood of incarceration in at least one of the jurisdictions. More importantly, the four offender characteristics interact to produce harsher sentences for certain types of offenders. Young black and Hispanic males face greater odds of incarceration than middle-aged white males, and unemployed black and Hispanic males are substantially more likely to be sentenced to prison than employed white males. Thus, our results suggest that offenders with constellations of characteristics other than "young black male" pay a punishment penalty.     

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.     

RACIAL ANIMOSITY AND INTERRACIAL CRIME*

The primary objective of this study is to determine the effect of a victim's race on the likelihood of him or her being seriously injured during the commission of an interracial crime. We also assess the probability of a homicide occurring during an interracial crime. A multilevel city analysis shows that black offenders are no more apt than white offenders to injure their victims seriously during an interracial robbery or rape. A black offender also does not have a greater proclivity to kill his or her victim during the commission of an interracial crime. Some evidence suggests that white victims are more likely than black victims to suffer serious physical harm during an aggravated assault. Results also reveal that contextual factors related to racial animosity, such as residential segregation, white‐to‐black economic inequality, and black‐to‐white unemployment, fail to have any moderating effect on either the severity of victim injury or the likelihood of a homicide occurring during an interracial crime. Overall, the results generated in this study tend to cast doubt on the validity of racial animosity theory. Our findings also lead us to question the veracity of the oftenmade claim that black‐on‐white crimes are punished more severely because these types of offenses are somehow more heinous in circumstance. At least in regard to serious victim injury and victim death, black‐on‐white crime is no more violent than white‐on‐black crime.     

DOWNWARD DEPARTURES FOR SERIOUS VIOLENT OFFENDERS: LOCAL COURT “CORRECTIONS” TO PENNSYLVANIA'S SENTENCING GUIDELINES*

We examine downward departures for serious violent offenders, using quantitative and qualitative data from Pennsylvania. We find that offense severity and prior record have negative direct effects on downward departures, but a positive interaction effect on them. Offenders convicted of aggravated assault, those who plead guilty, young black women, and offenders sentenced in large urban courts are more likely to receive downward departures, whereas those convicted by trial, young Hispanic males, and offenders sentenced in small rural courts are less likely to receive them. We argue that downward departures represent local “corrections” to guideline recommendations when there is a mismatch between guidelines and local court actors' definitions of key focal concerns of sentencing for serious violent offenders.     

REASSESSING RACE DISPARITIES IN MARYLAND CAPITAL CASES*

A generation of research studies that were conducted in multiple states and covered different time periods has found evidence that individuals who kill white victims encounter a greater risk of facing the death penalty than killers of black victims. More recently, research has also examined the likelihood of death penalty processing for black defendants who kill white victims in comparison with other defendant–victim race groups. In particular, a study in Maryland conducted by Paternoster et al. (2003) found evidence that offenders in black defendant–white victim cases were more likely to be death noticed by prosecutors and to receive a death sentence than other offenders. A recent analysis by Berk, Li, and Hickman (2005) raised questions about some of these findings. In this article, we conduct new analyses and conclude that black defendants who kill white victims face a greater risk of adverse treatment than other types of defendants.     

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.     

RACIAL AND ETHNIC DIFFERENCES IN PRETRIAL RELEASE DECISIONS AND OUTCOMES: A COMPARISON OF HISPANIC,BLACK, AND WHITE FELONY ARRESTEES*

The present study uses data on the processing of felony defendants in large urban courts to examine Hispanic, black, and white differences at the pretrial release stage. The major finding is that Hispanic defendants are more likely to be detained than white and black defendants. And, racial/ethnic differences are most pronounced in drug cases. In fact, Hispanic defendants suffer a triple burden at the pretrial release stage as they are the group most likely to be required to pay bail to gain release, the group that receives the highest bail amounts, and the group least able to pay bail. These findings are consistent with a focal concerns perspective of criminal case processing that suggests Hispanics as a newly immigrated group are especially prone to harsher treatment in the criminal case process.     

Disaggregating Mass Public Shootings: A Comparative Analysis of Disgruntled Employee,School, Ideologically motivated,and Rampage Shooters

This study compares the demographic, background, motivation, and pre‐event and event‐level behaviors across four types of mass public shooters: disgruntled employee, school, ideologically motivated, and rampage offenders. Using a database containing detailed information on 318 mass public shootings that occurred in the United States between 1966 and 2017, we find systematic differences in the characteristics, motivations, target selection, planning, and incident‐level behaviors among these offenders. The results show that ideologically motivated shooters to be the most patient, and methodical, and as a result the most lethal. Conversely, disgruntled employees, who are driven by revenge, tend to have little time to plan and consequently are the least lethal shooters. These, among other differences, underscore the need for prevention strategies and policies to be tailored to specific types of offenders. Furthermore, the results also highlight commonalities across offender type, suggesting that the social and psychological pathways to violence are universal across offenders.     

RACE,RACIAL THREAT,AND SENTENCING OF HABITUAL OFFENDERS*

As legislatures proliferate novel “enhancements” to criminal sentencing, such as “three-strikes” and related provisions, and as criminologists debate their effects, the role of existing enhancements, such as habitual offender statutes, has received little empirical attention. This article explores the effect of race in the decision to prosecute and sentence eligible defendants as “habitual” offenders. During FY 1992–93, 9,690 males admitted to prison in Florida were statutorily eligible (two prior felony convictions or one prior violent felony conviction) for sentencing as “habitual” offenders. Approximately 20% received that disposition. They will serve at least 75% of their enhanced sentence as compared with the state average of about 40%. Logistic regression, controlling for prior record, crime seriousness, and other relevant factors, shows a significant and substantial race effect. The disadvantage of black defendants is particularly strong for drug offenses and for property crimes that have relatively high victimization rates for whites (larceny, burglary). Race is less consequential for violent and weapons-related crimes. Race effects are more often significant in sentencing contexts that are low in terms of percent black, racial income inequality, drug arrest rates, and violent crime rates. The relevance of these findings for a “racial threat” interpretation of sentencing outcomes is discussed.     

Gender, Police Arrest Decisions, and Notions of Chivalry

The extent of preferential treatment toward female offenders during arrest has been a neglected topic in research on female criminality. This article uses data collected in 1977 during police-suspect encounters with 785 males and females to explore the existence of chivalrous treatment of female offenders in the initial stages of criminal processing. These data indicate that chivalry exists at the stage of arrest for those women who display appropriate gender behaviors and characteristics. In general, the findings suggest that female suspects who deviate from stereotypic gender expectations lose the advantage that may be extended to female offenders. Specifically, older, white, female suspects are less likely to be arrested than their younger, black or hostile sisters. In addition, in the initial stage of criminal processing, female property offenders receive no leniency, and some evidence suggests that offenses against property weigh we heavily in arrest decisions for females than for males. Differences in the factors influencing police arrest decisions for male and female suspects are also examined.     

主犯若干问题的探讨

主犯是共同犯罪中人身危险性最大的共同犯罪人 ,历来是我国刑法打击的重点。我国目前并没有专门针对刑法总则共同犯罪条文在适用上予以解释的法律文件 ,但是 ,尚有针对刑法分则具体犯罪关于共同犯罪的相关解释中涉及主犯认定的内容 ,但这是否能够视为直接针对共同犯罪具体条文适用的一般性规定 ,还有疑问。本文就主犯的若干问题进行了探讨 ,以期对主犯的认识能够进一步深入。     

The attribution of blame and type of crime committed: transcultural validation.

This study examines the relationship between type of offence and the attributions offenders make about their criminal act. The subjects were 98 Icelandic criminals who had completed the Gudjónsson Blame Attribution Inventory. Significant differences in attribution were found between offender groups. Sex offenders and those who had committed acts of interpersonal violence reported most guilt about their offence and they attributed cause for their offence more to mental factors (eg, loss of self-control) than other types of offender. Violent offenders had the highest external attribution and sex offenders the lowest. The findings with regard to the three attributions are remarkably similar to those found previously for British offenders.     

Assessing reconviction,reoffending and recidivism in a sample of UK sexual offenders

Purpose. The rate of sexual reconviction for sexual offenders is known to be low. Sexual reconviction, however, is currently the most commonly used outcome measure in sex offender treatment evaluation studies. It is expected that sex offender treatment programmes will reduce the likelihood of reconviction amongst participants. A low base rate of sexual reconviction means that any reduction in reconviction (which could be attributed to treatment) will be small and unlikely to be statistically significant. This study aimed to assess other offence‐related outcomes for sexual offenders, in addition to reconviction. Methods. The sample comprised 173 sexual offenders who had completed a community sex offender treatment programme. Follow‐up information was collected forthe sample from programme files containing multi‐agency information. Official reconviction rates were also calculated using both Home Office and police data. Results. Collecting evidence of any offence‐related sexual behaviour during this study multiplied the sample's sexual reconviction rate by a factor of 5.3. Conclusions. The results show that broadening the outcome measure under observation indicates a higher level of offence‐related sexual behaviour displayed by sexual offenders than reflected by reconviction data. These results have implications for the outcomes measured in treatment evaluation research for sexual offenders.     

STRUCTURAL CONDITIONS AND RACIAL HOMICIDE PATTERNS: A LOOK AT THE MULTIPLE DISADVANTAGES IN URBAN AREAS*

This research examines the differential effects of structural conditions on race-specific victim and offender homicide rates in large U.S. cities in 1990. While structural theories of race relations and criminological explanations are reviewed, particular attention is given to those structural theories that highlight racial competition, economic and labor market opportunity, and racial segregation as essential for an examination of racially disaggregated homicide offending. The effects of these and other structural conditions are estimated for four racially distinct homicide offending models—black intraracial, white intraracial, black interracial, and white interracial homicides. The results suggest that the structural conditions that lead to race-specific victim and offender homicide rates differ significantly among the four models. Economic deprivation and local opportunity structures are found to influence significantly the rates of intraracial homicide offending, while racial inequality contributes solely to black interracial homicide rates. In addition, our findings indicate that blacks and whites face different economic and social realities related to economic deprivation and social isolation. The differential impact of these structural conditions and other labor market factors are discussed.     

Differences in the Validity of Self-Reported Drug Use Across Five Factors: Gender,Race, Age,Type of Drug,and Offense Seriousness

This study expands our knowledge about the validity of self-reported drug use by examining how gender, race, age, type of drug, and offense seriousness interact to affect the validity of self-reported drug use. This study also provides a conceptual framework that can be used to examine the validity of self-reported drug use. Differences in the validity of self-reported drug use are explained by examining differences in underreporting and overreporting. Differences in underreporting and overreporting are then further examined while controlling for differences in base rates of drug use. As shown, whether one controls for base rates of use may drastically affect estimates of underreporting and overreporting. By using hierarchical loglinear, logit, and logistic regression models with the Drug Use Forecasting data, we show that Black offenders provide less accurate self-reports than White offenders. Black offenders do so because they are more likely to underreport crack/cocaine use than White offenders. This difference, however, disappears once differences in base rates are controlled. A Black offender who tests positive is not more likely to underreport crack/cocaine use than a White offender who tests positive. Black offenders are also more likely to overreport both marijuana and crack/cocaine use relative to White offenders. Contrary to the first, this difference is not attributable to a difference in base rates. Methodological and substantive implications of this distinction are discussed. No differences across gender, age, or offense seriousness were found.

Police interviews with suspected child sex offenders: does use of empathy and question type influence the amount of investigation relevant information obtained?

The use of the criminal justice system to force offenders to receive psychological treatment is one of the most controversial aspects of service provision for offenders. Coerced treatment needs to be distinguished from pressured treatment, both having objective and subjective dimensions. In this paper some arguments for and against coerced offender rehabilitation are discussed. We suggest that coercing offenders into attending rehabilitation programmes (or placing legal pressure on them to attend) is unlikely by itself to lead to poorer outcomes. Rather, the individual's perception of coercion will be more influential in determining how an offender approaches treatment. Even when offenders perceive they are being coerced, it is likely that pre-treatment anti-therapeutic attitudes can change over the course of a programme, such that therapeutic gains (risk reduction) can occur. Coercion and its effects on treatment engagement and rehabilitation outcomes require further empirical research and conceptual analysis.     

Serious Youth Gun Offenders and the Epidemic of Youth Violence in Boston

Boston, like many other major cities, experienced a sudden increase in youth homicides during the late 1980s and early 1990s. Research evidence suggests that the recent epidemic of urban youth violence was intensely concentrated among criminally active young black males residing in disadvantaged urban neighborhoods rather than all young black males residing in disadvantaged black neighborhoods. Other researchers, however, suggest that there was a diffusion of guns and gun violence from youth involved in street crack markets to youth outside the drug trade who armed themselves primarily for self-protection against the armed criminally active youth. In this paper, criminal history data are analyzed to determine whether the criminal profile of Boston arrested youth gun offenders changed over time and micro-level data on youth gun assault incidents in Boston are examined to unravel whether there were noteworthy changes in the nature of these violent events over time. The results of these analyses suggest that the youth violence epidemic in Boston was highly concentrated among serious youth gun offenders rather than a diffusion of guns away from the street drug trade, gangs, and criminally active youth.     

The influence of implicit theories and offender characteristics on judgements of sexual offenders: a moderated mediation analysis

The psychological factors underpinning responses to sexual offenders are beginning to receive increased empirical scrutiny. One such factor is offender representativeness, which refers to the extent to which a given offender example matches a stereotype of those who are typically labelled as “sexual offenders”. Using a sample of 252 community members, we examined the role of implicit theories about sexual offenders (ie whether sexual offending is seen as fixed or malleable) in mediating the relationship between affective responses to sexual offenders and policy outcome judgements. We found support for this mediating effect, although this was eliminated when participants were presented with a “non-representative” offender vignette. We argue that the relationship between affective responses and policy judgements is contingent on the activation of a sexual offender stereotype, and that this link can be disrupted via the increased presentation of non-stereotypical case examples. Implications for public debate and professional practice are discussed.     

Mandating treatment for drug possessors: The impact of Senate Bill 123 on the criminal justice system in Kansas

Kansas' Senate Bill 123 (SB 123) created mandatory community-based drug treatment for individuals convicted of first- or second-offense drug possession. This study examined the impact of SB 123 on sentencing practices, supervision, and treatment services across Kansas. The study indicated that SB 123 diverted drug possessors not from prison, as intended, but from one form of community supervision to another, subjecting more offenders to greater surveillance and longer sentences. Such “front-end” net-widening was due to the structure of the law itself and a lack of understanding of pre-implementation sentencing practices. In some counties, judges engaged in some circumvention of the law, suggesting possible local-level differences in buy-in among courtroom actors; such circumvention was also focused on offenders with more serious criminal histories, indicating judicial-level evaluations of offender amenability to treatment. While SB 123 offenders received the treatment they were assessed to need, the provision of treatment remained heavily concentrated in a few providers, increasing disparities in access to treatment and making the success of the program highly dependant on a small number of institutional actors.