An Examination of Defendant Sex Disparity in Capital Sentencing: A Propensity Score Matching Approach

Although much prior work has examined the influence of extralegal factors on jury capital sentencing decision-making, the influence of defendant sex has been largely omitted from previous investigations. Using propensity score matching methods, the current study analyzes data from the North Carolina Capital Sentencing Project to examine whether “sex matters” in capital sentencing. Findings demonstrated that prior to matching there was a significant difference in the likelihood of receiving the death penalty for female and male defendant cases; however, after matching cases on an array of legal and extralegal case characteristics, these differences were no longer significant. Further results revealed that male defendants’ cases included different aggravating and mitigating factors than female defendants’ cases and that female defendants had limited “paths” to capital trials. Findings suggest that any apparent sex effects that are observed in capital sentencing stem from real differences in the case characteristics found in female and male defendants’ cases rather than any direct effects of defendant sex on jury decision-making. Study limitations and implications for death penalty research are also discussed.     

Race and Ethnicity Effects in Federal Sentencing: A Propensity Score Analysis

Research has examined the role of race and ethnicity in the punishment of offenders. Narrative and meta-analytic reviews have indicated that race/ethnicity influences key sentencing outcomes, at least under certain conditions. This research relies almost exclusively on regression-based analyses for determining race and ethnicity effects. While this technique is useful, recent statistical advances may provide more accurate race/ethnicity estimates. The current study employs propensity score analysis to compare punishment outcomes across White, Black, and Hispanic offenders sentenced in US federal courts during the years 2006 through 2008. Results suggest that (a) during the in/out decision the effect of minority status is frequently smaller than that estimated by regression modeling and (b) during the sentence length decision the effect of minority status is frequently larger than that estimated by regression modeling. Consequently, the modeling strategy may produce different conclusions regarding the presence of race- and ethnic-based disparity in sentencing outcomes.     

Using Propensity Score Matching to Understand the Relationship between Gang Membership and Violent Victimization: A Research Note

Due to methodological limitations, such as unmatched gang samples and a lack of longitudinal investigations, it remains unresolved whether joining a gang leads to future violent victimization or both share a set of common causes. Guided by selection, facilitation, and enhancement perspectives, the current study applied Propensity Score Matching on data from the Gang Resistance Education and Training longitudinal study to investigate the nature of the gang‐violent victimization relationship. Results indicated antecedent differences between those who did and did not join gangs, particularly violent victimization and delinquency. When gang and non‐gang members with similar propensities for joining were matched, the relationship between gang membership and violent victimization dissipated. Findings suggest policy attention to early delinquency and victimization risk factors generally.     

A Critical Examination of the “White Victim Effect” and Death Penalty Decision-Making from a Propensity Score Matching Approach: The North Carolina Experience

Purpose

Death penalty research has rather consistently demonstrated a statistically significant relationship between defendant race and victim race in general, and for the Black defendant/White victim race dyad specifically. The bulk of this evidence has been derived from correlational studies and from cases over relatively condensed time frames.

Methods

The current study uses data from North Carolina (n = 1,113) over several decades (1977–2009) to evaluate the link between defendant/victim racial dyad and jury death penalty decision-making.

Results

Results suggest that there is an apparent “White victim effect” that can be observed in death penalty decision-making in traditional logistic regression models. Yet, once cases are matched via propensity score matching on approximately 50 case characteristics/confounders including the type of aggravators and mitigators accepted by the jury in addition to the number of aggravators and mitigators accepted, the relationship is rendered insignificant. Furthermore, these results hold for a defendant of any race killing a White victim and for the “most disadvantaged” situation for Black defendants (e.g., cases with White victims).

Conclusions

The “White victim effect” on capital punishment decision-making is better considered as a “case effect” rather than a “race effect.”     

Revisiting the Use of Propensity Score Matching to Understand the Relationship between Gang Membership and Violent Victimization: A Cautionary Note

Previous research has consistently reported that gang members are more likely to experience violent victimization compared to non‐gang members. Recently, however, a study challenged this conventional wisdom using the Gang Resistance Education and Training (GREAT) data. Employing propensity score matching (PSM), this study reported no significant differences in violent victimization between gang and non‐gang members. Upon closer examination of the GREAT data and the PSM process used in this study, we note several theoretical, methodological, and statistical concerns. We reanalyze the GREAT data using both negative binomial regression and PSM. We find that self‐reported gang members were significantly more likely to report subsequent violent victimization compared to non‐gang members. Although contrary to this previous study, our findings are consistent with the bulk of previous empirical research and widely held beliefs about the relationship between gang membership and violent victimization.     

Predictors of Support of Legislation Banning Juvenile Executions in Oklahoma: An Examination by Race and Sex

The Supreme Court has recently decided to re‐examine the constitutionality of executing individuals under the age of 18 at the time of the offense. The Supreme Court’s reliance on public opinion as evidenced through opinion polls and changing laws in the 2002 Atkins decision has suggested that public opinion may play a role in the Court’s decision regarding juvenile executions. There is considerable evidence that the majority of Americans favor a ban on juvenile executions. In the current study, we use Oklahoma data collected in 2003 by the Oklahoma University Public Opinion Learning Laboratory to examine more closely the factors that predict a support of a ban on juvenile executions. Interestingly, only one fourth of Oklahomans oppose such a ban. Earlier research suggested that religious fundamentalism is linked to support of juvenile executions, but we did not find this, suggesting that public opinion may be shifting. We then analyzed the data separately by race and then by sex. Our findings suggest that there may be differences between groups in the predictors of support for a ban on juvenile executions, at least in Oklahoma, indicating the need for further research.     

Toward a Demographic Understanding of Incarceration Disparities: Race,Ethnicity, and Age Structure

Objectives

Non-Hispanic blacks and Hispanics in the United States are more likely to be incarcerated than non-Hispanic whites. The risk of incarceration also varies with age, and there are striking differences in age distributions across racial/ethnic groups. Guided by these trends, the present study examines the extent to which differences in age structure account for incarceration disparities across racial and ethnic groups.

Methods

We apply two techniques commonly employed in the field of demography, age-standardization and decomposition, to data provided by the Bureau of Justice Statistics and the 2010 decennial census to assess the contribution of age structure to racial and ethnic disparities in incarceration.

Findings

The non-Hispanic black and Hispanic incarceration rates in 2010 would have been 13–20 % lower if these groups had age structures identical to that of the non-Hispanic white population. Moreover, age structure accounts for 20 % of the Hispanic/white disparity and 8 % of the black/white disparity.

Conclusion

The comparison of crude incarceration rates across racial/ethnic groups may not be ideal because these groups boast strikingly different age structures. Since the risk of imprisonment is tied to age, criminologists should consider adjusting for age structure when comparing rates of incarceration across groups.

     

Trauma‐Informed Approaches to Juvenile Justice: A Critical Race Perspective

Youth of color experience disproportionate juvenile justice contact and recidivism. Trauma‐informed approaches may provide important support to these youth and improve their future outcomes. This paper describes dynamics of the various levels of the juvenile justice system (i.e., police contact, courts, correctional placement, aftercare) that perpetuate psychological trauma among adjudicated youth of color. This paper explores trauma‐informed approaches from a critical race theory perspective to address issues of systemic racial injustice in the juvenile justice system. Current and emerging models for trauma‐informed juvenile justice and implications for practice, policy, and research are discussed.     

Race and Gang Affiliation: An Examination of Multiple Marginality

Criminological research has historically drawn a connection between race/ethnicity and gang membership. The focus on specific racial/ethnic groups and particular gangs in distinct geographical locations within ethnographic research, along with the lack of a comprehensive explanation, however, has limited this research. Thus, the true nature of the relationship between race/ethnicity and gang membership remains unclear. This research expands the contemporary literature regarding race/ethnicity and gang membership by utilizing multisite survey data to examine Vigil’s (1988 Vigil, J. D. 1988. Barrio gangs: Street life and identity in southern California, Austin, TX: University of Texas Press.  [Google Scholar], 2002 Vigil, J. D. 2002. A rainbow of gangs: Street cultures in the mega‐city, Austin, TX: University of Texas Press.  [Google Scholar]) multiple marginality framework of gang involvement for Whites, African Americans, and Hispanics. Results suggest that multiple marginality is a viable explanation for current gang membership. When examining the applicability of this theory for members of various racial/ethnic groups, important differences appear when examining current versus ever gang membership. For current gang membership, significant differences between racial/ethnic groups exist, with ecological/economic stress variables being significant for Whites and social control/street socialization elements representing the important predictors for African Americans and Hispanics. This pattern changes when examining those reporting ever being in a gang. For “ever” gang membership, social control/street socialization elements predict membership for all groups. Policy implications of these results are discussed.     

Juvenile Sexual Murderers: Examination and Classification of the Crime-Commission Process

This study aims to empirically explore the crime-commission process of juvenile sexual homicide offenders (SHOs). First, a comparison between the crime-commission process of juvenile and adult SHOs is undertaken, while as a second step, this study also provides an empirical classification specific to juvenile SHOs. The sample used in this study consists of 55 juvenile SHOs and 281 adult SHOs. A sequential binomial regression was used to compare at the multivariate level the two groups of offenders, while a latent class analysis was used to examine the relationships between each step of the crime-commission process of juvenile SHOs. Our findings suggest that the crime-commission process of juvenile SHOs present differences when compared with adult SHOs. Moreover, we identified four different patterns in juvenile sexual homicide: explosive opportunistic, sadistic, overcontrolled anger, and predator. Theoretical and practical implications in terms of criminal investigations as well as offenders’ management and treatment are discussed.     

A Qualitative Examination of the Self-Medicating Hypothesis Among Female Juvenile Offenders

Substance misuse among criminally delinquent youth has typically been described as a concurrent part of their participation in risky and delinquent behavior. Using Khantzian’s self-medication hypothesis, this article presents an alternative view by presenting qualitative data which suggests that substance misuse for female juvenile offenders may serve as self-medication for mental health problems stemming from early trauma, often at the hands of their families. Based on the narratives of 30 female juvenile offenders, this article examines the lived experiences of girls with childhood trauma and substance misuse, followed by arrest and incarceration. The paper concludes with recommendations for juvenile justice and child welfare practitioners.     

Race and Gender Recidivism Differences Among Juvenile Mental Health Court Graduates

Grounded in the theory of therapeutic jurisprudence, this research explores whether recidivism differs by race, ethnicity, or gender among juvenile mental health court graduates (N = 63). Mean number of pre‐program offenses were compared to the mean number of offenses committed by program completion. Results showed statistically significant reductions in recidivism by both males (p < .001) and females (p < .003). Racial and ethnic minorities demonstrated larger reductions when compared to Whites (p < .001 for Hispanics and p < .01 for combined ethnicities). These results contribute to the literature on effective intervention models for diverse juvenile offender populations.     

Juvenile Court Context and Detention Decisions: Reconsidering the Role of Race,Ethnicity, and Community Characteristics in Juvenile Court Processes

The relationship between race/ethnicity, community dynamics, and juvenile court processes has long been established. Prior research has relied on city‐ or county‐level measures of community characteristics (e.g., racial composition, poverty) to examine how racial groups are processed within juvenile courts. To date, no study has utilized finer scale measures of geographic areas to examine how characteristics of juveniles’ communities impact court decisions. By utilizing official juvenile court data from a city in the southwest, this study draws upon attribution theory to examine how economic and crime community‐level measures directly and indirectly influence detention outcomes. Findings reveal that the effect of race and ethnicity in detention outcomes varies across communities, and the effect of ethnicity in detention decisions is mediated by economic community‐level measures. The theoretical and policy implications of the study findings are discussed.     

Stigma, Secrecy and Race: An Empirical Examination of Black and White Incarcerated Men

In modified labeling theory (MLT) persons with disreputable labels anticipate stigmatization and adopt coping strategies, among them being secretive. We examine endorsement of secrecy among black and white incarcerated men, focusing on race differences. We find whites are significantly more secretive than blacks about ex-convict status. Race effects are net of other predictors, including devaluation/discrimination beliefs, ex-convict friends, religious affiliation and perceived difficulty finding a job. Split sample analyses show only devaluation/discrimination beliefs predict secrecy among blacks. Thus, white privilege may play a role in stigma management. Since ex-convict status suspends white privilege, secrecy may help white ex-convicts maintain their advantage, especially in the job market. Secrecy is also more successfully enacted among whites, who are not usually assumed to have a criminal record. While black convicts expect their label to prompt rejection, for them racial stigma may supersede ex-convict stigma, making management of the latter status less compelling.     

Controlling School Crime: An Examination of Interorganizational Relations of School and Juvenile Justice Professionals

Abstract Crime in and around schools creates a climate of fear among students and teachers, and disrupts the learning environment. Effective control of school crime demands the cooperative efforts of school and juvenile justice officials. This paper examines the interorganizational relations between school principals, teachers, and juvenile probation officers by comparing survey results from three cities. Findings reveal significant differences onmethods for controlling school crime; and on due process and sharing of school and court records. School and court officials do cooperate in working with students who are under probation supervision; but the extent of their interaction is characterized by a low level of interorganizational relations.     

Sentencing Female Misdemeanants: An Examination of the Direct and Indirect Effects of Race/Ethnicity

Little is known about the predictors of sentencing for the typical female offender—one who commits a misdemeanor or lesser offense. Moreover, although ample discussions of racial/ethnic disparity in sentencing may be found in the extant literature, most researchers have focused on what happens to males who commit felonies. Thus, to help fill a void I examine the likelihood of receiving a jail sentence among a sample of cases for female misdemeanants. All were convicted in New York City's Criminal Court. I account for direct and indirect effects by estimating a causal model that predicts the sentencing outcome. Race/ethnicity did not directly affect sentencing. Indirect effects, however, were found. Black and Hispanic females were more likely to receive jail sentences than their White counterparts due to differences in socio‐economic status, community ties, prior record, earlier case processing, and charge severity.     

Guidelines for Collecting and Recording the Race and Ethnicity of Juveniles in Conjunction with Juvenile Delinquency Disposition Reporting to the Juvenile Court Judges' Commission

One of the most compelling reasons for accurate racial coding of juveniles involved in the juvenile justice system is to ensure that all youth are treated fairly, regardless of race or ethnicity. Pennsylvania juvenile courts and probation departments now have instructions and guidelines for collecting and recording race and ethnicity in compliance with Federal standards. These guidelines can be easily adopted by other states and jurisdictions.