HOW AND WHY DOES WORK MATTER? EMPLOYMENT CONDITIONS,ROUTINE ACTIVITIES,AND CRIME AMONG ADULT MALE OFFENDERS*

An inverse relationship between employment and crime is well established, although the mechanisms that account for the correlation remain poorly understood. In the current study, we investigate the role of work quality, measured objectively (hours, income) as well as subjectively (commitment). A routine activities perspective is proposed for the work–crime relationship, and it inspires hypotheses about the way that work reduces crime indirectly, in part, through unstructured leisure and substance‐using behaviors that tend to carry situational inducements to offend. The results derive from within‐person analyses of monthly data provided by adult male offenders recently admitted to state prison in the Second Nebraska Inmate Study (N = 717; NT = 21,965). The findings indicate that employment significantly reduces self‐report crime but only when employed men report strong commitment to their jobs, whereas other work characteristics are unrelated to crime. This indicates that, among serious criminally involved men, the subjective experience of work takes priority over its objective characteristics. The results also indicate that routine activities only partly mediate the relationship among work, job commitment, and crime, whereas the majority of the work–crime relationship remains unmediated.     

RESIDENTIAL CHANGE AS A TURNING POINT IN THE LIFE COURSE OF CRIME: DESISTANCE OR TEMPORARY CESSATION?*

Many former prisoners return home to the same residential environment, with the same criminal opportunities and criminal peers, where they resided before incarceration. If the path to desistance from crime largely requires knifing off from past situations and establishing a new set of routine activities, then returning to one's old environment and routines may drastically limit an ex‐prisoner's already dismal chances of desisting from crime. This study tests these ideas by examining how forced residential migration caused by Hurricane Katrina affected the likelihood of reincarceration among a sample of ex‐prisoners originally from New Orleans, LA. Property damage from the hurricane induced some ex‐prisoners who otherwise would have moved back to their former neighborhoods to move to new neighborhoods. Findings from an instrumental variables survival analysis reveal that those parolees who moved to a new parish following release were substantially less likely to be reincarcerated during the first 3 years after release than those ex‐offenders who moved back to the parish where they were originally convicted. Moreover, at no point in the 3‐year time period was the hazard of reincarceration greater for those parolees who moved than for those who returned to the same parish.     

DOES THE TIME CAUSE THE CRIME? AN EXAMINATION OF THE RELATIONSHIP BETWEEN TIME SERVED AND REOFFENDING IN THE NETHERLANDS*

This work uses a sample of Dutch offenders, serving an average of 6.7 months of confinement, to examine the relationship between time served in prison and future criminality. To overcome the selection issues inherent in this examination, this article introduces a new method to the criminological literature that relies on a generalization of the propensity score to control for observed differences in offenders sentenced to different periods of confinement. On the whole, very little evidence of a relationship between time served and future offending was found. In particular, 3‐year reconviction rate and the proportion of offenders reconvicted in the next 3 years do not seem to depend on incarceration length. Although a relationship between time served and future sentence length was found, the evidence is modest.     

GHETTOS,THRESHOLDS, AND CRIME: DOES CONCENTRATED POVERTY REALLY HAVE AN ACCELERATING INCREASING EFFECT ON CRIME?*

Theories make varying predictions regarding the functional form of the relationship between neighborhood poverty and crime rates, ranging from a diminishing positive effect, to a linear positive effect, to an exponentially increasing or even threshold effect. Nonetheless, surprisingly little empirical evidence exists testing this functional form. This study estimates the functional form of the relationship between poverty and various types of serious crime in a sample of census tracts for 25 cities, and it finds that a diminishing positive effect most appropriately characterizes this relationship whether estimating the models nonparametrically or parametrically. Only for the crime of murder does some evidence exist of an accelerating effect, although this occurs in the range of 20 to 40 percent in poverty, with a leveling effect on crime beyond this point of very high poverty. Thus, no evidence is found here in support of the postulate of scholars extending William Julius Wilson's (1987) insight that neighborhoods with very high levels of poverty will experience an exponentially higher rate of crime compared with other neighborhoods.     

CAN RATIONAL CHOICE BE CONSIDERED A GENERAL THEORY OF CRIME? EVIDENCE FROM INDIVIDUAL‐LEVEL PANEL DATA

In the last few decades, rational choice theory has emerged as a bedrock theory in the fields of economics, sociology, psychology, and political science. Although rational choice theory has been available to criminologists for many years now, the field has not embraced it as other disciplines have. Moreover, rational choice scholars have fueled this skepticism of the theory's generality by modeling offender decision making that is one‐sided—large on the costs of crime (sanction threats), short on the benefits of crime. In this article, we directly assess the generality of rational choice theory by examining a fully specified model in a population that is often presumed to be less rational—adolescents from lower socioeconomic families who commit both instrumental (property) and expressive crimes (violence/drugs). By using a panel of N = 1,354 individuals, we find that offending behavior is consistent with rational responses to changes in the perceived costs and benefits of crime even after eliminating fixed unobserved heterogeneity and other time‐varying confounders, and these results are robust across different subgroups. The findings support our argument that rational choice theory is a general theory of crime.     

DOES ECONOMIC ADVERSITY BREED CRIMINAL COOPERATION? CONSIDERING THE MOTIVATION BEHIND GROUP CRIME

The fact that most offenders have accomplices at some point in their criminal career is curious, given the risks associated with criminal cooperation. McCarthy, Hagan, and Cohen ( 1998 ) offered the first formal theory of the decision to co‐offend, which addressed explicitly the uncertainties attached to the decision to engage in group crime. They posited that when offenders experience adversity, they become more risk seeking and oriented toward the chance for potential gain, which essentially outweighs the uncertainties attached to criminal cooperation. McCarthy, Hagan, and Cohen's analysis of street youth offered some empirical support for their premise but left open many important questions. The current study uses data from two different samples of incarcerated felons in Nebraska (N = 321 offenders) and Colorado (N = approximately 1,120 observations nested within approximately 640 offenders) that provide information on different forms of economic adversity. Logistic regression models provide some evidence for the association between adversity and co‐offending, but they are inconsistent. In contrast, a preference for excitement is a consistent and powerful predictor of offending.     

AGE AND ITS RELATION TO CRIME IN TAIWAN AND THE UNITED STATES: INVARIANT,OR DOES CULTURAL CONTEXT MATTER?*

Current empirical and theoretical understanding of the relation between age and crime is based almost entirely on data from the United States and a few prototypical Western societies for which age‐specific crime information across offense types is available. By using Western databases, Hirschi and Gottfredson (1983) projected that the age distribution of crime is always and everywhere robustly right‐skewed (i.e., sharp adolescent peak)—a thesis that is both contested and widely accepted in criminology and social science writings. In the study described here, we tested this age–crime invariance thesis by comparing age–crime patterns in Taiwan (a non‐Western Chinese society) with those in the United States. In light of Taiwan's collectivist culture versus the U.S. individualist gestalt, we anticipated more divergence than homogeneity in their age–crime schedules. Our findings show robust divergence in Taiwan's age–crime patterns compared with U.S. patterns and the reverted J‐shaped norm projected by Hirschi and Gottfredson. Implications for research and theory on the age–crime relation and for studying human development or life‐course topics more broadly are discussed.     

RETHINKING CHINESE EVIDENCE THEORIES AND RECONSTRUCTING SYSTEM OF EVIDENCE: “A THREAD FOR THE PEARLS OF CHINESE EVIDENCE”

This article analyses Chinese traditional evidence theories that have evolved over a long period of time, to explore which theory, between objectivity and relevancy, best represents the basic attribute and logical thread of evidence. These theories are considered in the context of issues arising in evidential adjudication, including: the “Mirror of Evidence,” truth, the probability of proof standard, the choice between a notion of pursuing 100-percent certainty in adjudication and that wrongful acquittals are better than wrongful convictions, and the statutory proof doctrine comparedwith the system of free proof. Finally, the article presents the framework of and methods for drafting provisions of procedural evidence of the People’s Court.     

DOES WHAT POLICE DO AT HOT SPOTS MATTER? THE PHILADELPHIA POLICING TACTICS EXPERIMENT*

Policing tactics that are proactive, focused on small places or groups of people in small places, and tailor specific solutions to problems using careful analysis of local conditions seem to be effective at reducing violent crime. But which tactics are most effective when applied at hot spots remains unknown. This article documents the design and implementation of a randomized controlled field experiment to test three policing tactics applied to small, high‐crime places: 1) foot patrol, 2) problem‐oriented policing, and 3) offender‐focused policing. A total of 81 experimental places were identified from the highest violent crime areas in Philadelphia (27 areas were judged amenable to each policing tactic). Within each group of 27 areas, 20 places were randomly assigned to receive treatment and 7 places acted as controls. Offender‐focused sites experienced a 42 percent reduction in all violent crime and a 50 percent reduction in violent felonies compared with their control places. Problem‐oriented policing and foot patrol did not significantly reduce violent crime or violent felonies. Potential explanations of these findings are discussed in the contexts of dosage, implementation, and hot spot stability over time.     

DO PARENT EDUCATION PROGRAMS PROMOTE HEALTHY POSTDIVORCE PARENTING? CRITICAL DISTINCTIONS AND A REVIEW OF THE EVIDENCE

Most parent education programs are designed to improve child well-being following divorce by changing some aspect of parenting. However, there has been relatively little discussion of what aspects of parenting are most critical and the effectiveness of programs to change different aspects of parenting. This paper addresses these issues by: 1. Distinguishing three aspects of post-divorce parenting that have been targeted in parent education programs; 2. Reviewing evidence of the relations between each aspect of parenting and the well-being of children and; 3. Critically reviewing evidence that parent education programs have been successful in changing each aspect of post-divorce parenting.     

DOES INCREASING WOMEN'S EDUCATION REDUCE THEIR RISK OF INTIMATE PARTNER VIOLENCE? EVIDENCE FROM AN EDUCATION POLICY REFORM

Although scholars have employed rigorous causal methods to examine the relationship between education and crime, few of them have taken a causal approach to the study of education and intimate partner violence (IPV) specifically. From a social causation perspective, improving women's education should protect them from violence, yet from a social selection perspective, education could proxy for unobserved factors that explain negative associations between education and IPV. In this study, I adjudicate between the two possibilities using an exogenous source of variation in education—a 1990s compulsory schooling reform in Peru. Specifically, I conduct an instrumented regression discontinuity that implicitly controls for women's unobserved endowments by comparing women who were aged slightly younger (N = 8,195) and slightly older (N = 6,645) than the school‐age cutoff at the time of the reform. Consistent with the social causation perspective, increasing women's schooling reduced both their recent and longer term probabilities of psychological, physical, and sexual IPV, as well as their recent and longer term probabilities of experiencing any IPV and polyvictimization. The results of supplemental mediation analyses provide support for three interrelated causal pathways—improvements in women's personal resources, delayed family formation, and changes in partner selection. These findings confirm the protective effects of women's education and further illuminate the mechanistic processes by which this occurs.     

QUESTIONING SEQUENCES IN CANADIAN POLICE INTERVIEWS: CONSTRUCTING AND CONFIRMING THE COURSE OF EVENTS?

A content analysis of 19 Canadian police interviews with adult witnesses revealed that several of the interviewing strategies used by officers ran counter to the recommendations in the literature. Specifically, interviewers interrupted the witness more than was necessary, rarely employed any cognitive techniques to enhance memory recall and asked far more closed than open-ended questions. Further, in terms of the sequencing of questions, a pattern emerged across interviews that suggested that officers first “help” the witness construct the event and then, through a rapid sequence of “yes/no” questions, seek to confirm the account. We argue that this pattern of questioning may suggest that officers are pursuing an assumed version of events and that exploring interviews from a sequencing perspective may prove beneficial in identifying possible biased versions of events.     

DO CELLMATES MATTER? A CAUSAL TEST OF THE SCHOOLS OF CRIME HYPOTHESIS WITH IMPLICATIONS FOR DIFFERENTIAL ASSOCIATION AND DETERRENCE THEORIES

In the schools of crime hypothesis, social interactions between inmates are assumed to produce criminogenic rather than deterrent prison peer effects, thus implicating them in the persistence of high recidivism rates and null or criminogenic prison effects. We assess the validity of the schools of crime hypothesis by estimating prison peer effects that result from differential cellmate associations in a male, first‐time release cohort from the Pennsylvania Department of Corrections. To isolate causal prison peer effects in the presence of essential heterogeneity, we use a semiparametric local instrumental variables estimation strategy. Our results do not support the school of crime hypothesis. In our sample, prison peer effects produced in interaction with more criminally experienced cellmates are always null or deterrent rather than criminogenic. Although we do not explicitly test for the operant conditioning mechanisms theorized to underlie social influence in the context of differential association, we argue that, under the assumption that the differential association context relates positively to the direction of peer influence, our universally noncriminogenic estimates exclude direct reinforcement, vicarious reinforcement, and direct punishment as potential drivers of prison peer effects produced in interaction with more criminally experienced cellmates. Our results support the assertion that operant conditioning mechanisms connect differential association and deterrence theories.     

PARTNER ABUSE AND GENERAL CRIME: HOW ARE THEY THE SAME? HOW ARE THEY DIFFERENT?*

Both partner abuse and general crime violate the rights and safety of victims. But are these phenomena the same or are they distinct, demanding their own research and intervention specialties? Are per‐ sons who abuse their partners the same people who commit other criminal behavior? Do partner abuse and general crime share the same correlates? We investigated these questions in a birth cohort of over 800 young adults, by testing whether a personality model known to predict general crime would also predict partner abuse. Personality data were gathered at age 18, and self‐reported partner abuse and general criminal offending were measured at age 21. Results from modeling latent constructs showed that partner abuse and general crime represent different constructs that are moderately related; they are not merely two expressions of the same underlying antisocial propensity. Group comparisons showed many, but not all, partner abusers also engaged in violence against nonintimates. Personality analyses showed that partner abuse and general crime shared a strong propensity from a trait called Negative Emotionality. However, crime was related to weak Constraint (low self‐control), but partner abuse was not. All findings applied to women as well as to men, suggesting that women's partner abuse may be motivated by the same intra‐personal features that motivate men's abuse. The results are consistent with theoretical and applied arguments about the “uniqueness” of partner violence relative to other crime and violence.     

TOWARDS THE RULE OF LAW OR THE RULE OF THE BOOTS？ A LIBERAL PERSPECTIVE ON DEMOCRACY AND HUMAN RIGHTS

Since the beginning of the ＂war＂ on terror, governments have implemented counter-terrorism laws and policies, in breach of their obligations under international human rights law, on account of the necessity to protect democracy against its enemies. Reliance on the human rights discourse in order to justify the violations committed renders it difficult to criticise these drawbacks without rethinking the concepts of rights and democracy and reformulating them. The present article attempts to answer this challenge along the lines of the reconstruction of the notions of liberal democracy as the rule of law and liberty, and human rights as spheres of individual sovereignty.     

WHAT DOES ACCESS TO JUSTICE REQUIRE? — OVERCOMING BARRIERS TO INVOKE THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES

Persons with disabilities have a right to effective access to justice under the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD). This article provides insights on the parameters of that right, including a close examination of the history and text of Article 13, which directly addresses access to justice and other relevant UNCRPD provisions. In addition to the UNCRPD, this article discusses implementation guidance from the Committee on the Rights of Persons with Disabilities, including its guidelines for State Party reports and jurisprudence. The initial reports by eleven States Parties — Argentina, Azerbaijan, China, Costa Rica, Croatia, Dominican Republic, Ecuador, Hungary, Mexico, Peru and Turkmenistan — are also considered. The Committee’s feedback regarding implementation of Article 13 by these eleven States parties is critiqued for being limited and inconsistent. This article then attempts to clarify what effective access to justice actually requires. It does so by focusing on the insights that can be drawn from implementation of Article 13 since the UNCRPD was adopted as well as implementation guidance from the Conference of States Parties, the International Disability Alliance, the World Network of Users and Survivors of Psychiatry and the National Center for Access to Justice. This article concludes with recommendations on how the Committee can improve its guidance on access to justice to help ensure that equal rights will not be illusory for persons with disabilities.     

GLOBALIZATION OF LAW： A CHINESE PERSPECTIVE ENCOUNTER： HOW DUNCAN KENNEDYAND CHINESE LEGAL SCHOLARS VIEW LEGAL TRANSPLANTS AND THE RULE OF LAW -- A COMMENTARY ON THE HARVARD-RENMIN VIRTUAL WORKSHOP ON DUNCAN KENNEDY＇S THREE GLOBALIZATIONS OF LAW AND LEGAL THOUGHT

Concerned about China＇s future, a panel of Chinese legal scholars invited Professor Duncan Kennedy to discuss legal transplants and the rule of law. This commentary contextualizes their ideas and concerns and aims to clarify some concepts and arguments that underlay their discussion. At times though using the same words the participants were talking about different things. By legal transplants, the Chinese scholars were initially speaking of specle laws, while Duncan Kennedy was referring to legal thought. By law being political, Duncan Kennedy largely meant the distributive and discretionary nature of adjudication, while the Chinese participants were criticizing the interference by the Party and the government with judicial practice. Yet through this encounter, much was exchanged and debated. Regarding the triggers of legal transplants, the Chinese participants emphasized the law＇s quality and the donor＇s power, while Duncan Kennedy was more interested in chance and the recipient＇s strategy. Among the multiple ways of defining the rule of law, both sides agreed that it should be an institutional framework within which an independent judiciary checks the executive power. Nonetheless, each side had their own hopes and reservations on how this institutional framework can enable judges to faithfully apply the law.