Studying the reach of deterrence: Can deterrence theory help explain police misconduct?

This article reports the first perceptual deterrence study of a sample of police officers. The study investigated the influence of traditional deterrence considerations, extralegal sanctions, and impulsivity on the intention to commit several hypothesized acts of police misconduct. The results were largely consistent with perceptual deterrence findings from samples of college students, experienced offenders, and corporate managers. In particular, this study found that both legal and extralegal sanction threats potentially deter police misconduct. Further, it found that impulsivity diminished the deterrent influence of both sanction forms. The study also found that some of the effects of the explanatory variables depended on whether officers had prior punishment experience. The article discusses the implications of its findings for combating police misconduct and for deterrence research generally.     

INTEGRATING CELERITY,IMPULSIVITY, AND EXTRALEGAL SANCTION THREATS INTO A MODEL OF GENERAL DETERRENCE: THEORY AND EVIDENCE*

We propose a model that integrates the extralegal consequences from conviction and impulsivity into the traditional deterrence framework. The model was tested with 252 college students, who completed a survey concerning drinking and driving. Key findings include the following: (1) Although variation in sanction certainty and severity predicted offending, variation in celerity did not; (2) the extralegal consequences from conviction appear to be at least as great a deterrent as the legal consequences; (3) the influence of sanction severity diminished with an individual's “present‐orientation”; and (4) the certainty of punishment was far more robust a deterrent to offending than was the severity of punishment.     

Is the Offense Serious Axis Free of Extralegal Influence?: Assessing the Predictors of a ‘Legally Relevant’ Guideline Criterion

Grid based sentencing guidelines, composed of offense seriousness and offender criminal history axis, have become a staple of US sentencing in recent decades. As such, extensive research explores whether they reduce extralegal sentence disparity. However, to date, no study has examined whether extralegal disparity is present in how either axis of guideline sentencing are constructed. Using federal sentencing commission data along with both single and multi-level analyses, this research explores the legal and extralegal factors that predict one of these key grid axes: the offense seriousness score. The results call into question not only some assumptions underlying guideline sentencing but also recent analytical strategies for assessing sentencing outcomes in guideline systems.     

Driving across campus: Assessing the impact of drivers' race and gender on police traffic enforcement actions

This study examined the effect of drivers' race and gender on officers' decision to search a driver/vehicle and invoke a legal sanction, controlling for legal and extralegal factors. Logistic regression analyses of 10,210 traffic stops on a university campus indicated that drivers' race and gender had a significant effect on officers' decision to search a driver/vehicle and invoke a legal sanction. Black male drivers were more likely than White drivers to be searched, but were less likely to receive a legal sanction. Unexpectedly, the results showed that Asian drivers were less likely to be searched, but more likely to receive legal sanctions than White drivers. Findings, however, indicated that legal and extralegal factors (i.e., types of traffic violation, time, officer type) were found to have significant effects on officers' decisions during traffic stops.     

A sociolegal analysis of Canadian youth justice: The impact of offender's race on judicial decisions

There is evidence to suggest that even within ostensibly egalitarian systems of justice young offenders are, at least in part, socially selected. Police, court workers, lawyers, and judges make prejudgments of young offenders on the basis of extralegal as well as legal factors. This study examined the influence of extralegal variables, especially offender's race, on judicial outcomes including detention on arrest, plea, adjudication, and sentencing. While the principal focus was the effect of offender's race, the effects of other attributes including sex, age, family support, and counsel status were incorporated into the analysis to present a comprehensive explanatory model of justice.Loglinear/logit modelling techniques were employed to assess the simultaneous effects of social and legal variables. In summary, the data consistently supported the claim that at all levels of the justice process extralegal variables, most noticeably race, had a substantial systematic influence on judicial decisions, especially when seriousness of offense and criminal record were controlled. Most importantly, the study showed that the effects of race occured primarily in interaction with both legal and extralegal factors.     

Extralegal factors and the sentencing of organizational defendants: An examination of the Federal Sentencing Guidelines

The Federal Sentencing Guidelines were developed to provide uniform and standardized punishments for eliminating sentence disparities based on legally irrelevant factors. While research at the individual level showed that extralegal factors continued to affect sentence outcomes, no such research determined if these factors influenced sentencing of organizational offenders. This article extends the unit of analysis beyond the individual and toward organizational offenders to determine if total fine amounts are affected by extralegal organizational characteristics. Relying on post-1991 organizational defendant's data, the findings indicated both legal and extralegal factors significantly affected fine outcomes for organizational offenders. As expected, several legal factors significantly affected fine outcomes. At least two extralegal variables, economically solvent and closely held organizations, however, exerted significant effects in predicting the total fine amount imposed. Similar to research at the individual level, this study indicated that extralegal or legally irrelevant factors had some level of impact upon sentencing under the guidelines.     

Predicting Pre-Adjudicatory Detention Decisions

Abstract

Findings from studies examining the impact of legal and extralegal characteristics in determining pre-adjudicatory detention within the juvenile justice system have been inconsistent. Logistic regression was used to examine the independent, and interaction, effects of certain legal and extralegal factors in the decision to detain juveniles in counties in two Northeastern states. The results suggest race continues to exert a significant effect on detention decisions when controlling for various legal and extralegal/nonlegal factors.     

LAW ENFORCEMENT IN A TIME OF COMMUNITY POLICING*

Community policing creates the expectation that oficers will become more selective in making arrests and that those decisions will be influenced more by extralegal considerations and less by legal ones. Data on 451 nontraffic police-suspect encounters were drawn from ridealong observations in Richmond, Virginia, where the police department was implementing community policing. The arrest/no arrest decision is regressed on variables representing legal and extralegal characteristics of the situation. Legal variables show much stronger effects than extralegal ones, but that depends upon the officer's attitude toward community policing. Supporters of community policing are, as predicted, more selective in making arrests and much less influenced by legal variables than are officers with negative views. However, pro-community-policing officers are like negative officers in the extent of influence exerted by extralegal factors. There are some differences between the two groups of officers on the strength and direction of effects of predictor variables taken individually, but only 1 of 17 is significant. Thus, in a time of community policing, officers who support it do manifest some arrest decision patterns distinguishable from those of colleagues who adhere to a more traditional view of law enforcement.     

Prosecutorial discretion for domestic violence cases: an examination of the effects of offender race,ethnicity, gender,and age

Much of the existing literature on courts and sentencing has focused on judicial decision-making. Prior research on prosecutorial decision-making is more limited, with even less attention paid to the prosecution of domestic violence cases. The research that has been conducted has produced inconsistent results regarding the effects of legal and extralegal variables. The current study focuses on the effects of extralegal suspect characteristics on the decision to dismiss domestic violence cases in a large Midwestern county from June 2009 to December 2009. The findings demonstrate that gender and race have a strong influence on prosecutors’ decisions to dismiss charges in domestic violence cases. Contrary to the focal concerns perspective, however, the results indicate that males and Black and Hispanic offenders are more likely to have their cases dismissed. Implications for future research are discussed.     

Sentencing policy and disparity: Guidelines and the influence of legal and democratic subcultures

This study analyzed the effects of sentencing policy on sentencing outcomes and the determinants of sentencing decisions. The authors used hierarchical modeling to examine the impact of sentencing reform on legal and individual- and county-level extralegal factors in addition to the sentencing outcomes themselves. The research was framed within the legal and democratic subculture perspective developed by Richardson and Vines (1970) for understanding lower court decision making. The results indicated that sentencing policy acts as a filter, through which cues from each subculture are synthesized, and helps to shape the effects of both legal and extralegal variables on sentencing outcomes.     

MODELING THE EFFECTS OF LEGALLY RELEVANT AND EXTRALEGAL FACTORS UNDER SENTENCING GUIDELINES: THE RULES HAVE CHANGED*

Studies of sentencing in jurisdictions with sentencing guidelines have generally failed to specify adequately the effects of offense seriousness and criminal history—the principal factors that, by law, should determine sentencing decisions. As a result, the explanatory power of those models is seriously limited, and regression coefficients representing both legal and extralegal factors may be biased. We present an alternative approach to specify more precisely the effects of legally relevant factors on sentencing outcomes and test the approach using felony sentencing data from Washington State. We find that controlling for the presumptive sentence substantially improves the fit and explanatory power of models predicting sentencing decisions, and that the estimated effects of extralegal factors, specifically sex and race, reduce considerably. The findings have both substantive and methodological implications.     

SOME MISLEADING CONCEPTIONS IN SENTENCING RESEARCH

Most studies of sentencing practices in both adult and juvenile courts have compared the relative power to predict dispositions of “legal” variables, such as the seriousness of offense and previous arrest record, and “extralegal” variables, such as race and social class. It is suggested that this is a misleading model for research on the decision-making process in juvenile courts. Instead, results presented here indicate that the juvenile court uses a model of substantive decision-making oriented toward the character and social environment of offenders. Social background variables are found to be more important determinants of disposition than either “legal” or “extralegal” variables.     

City police and drunk driving: Baseline data

Public attitudes, social movement organizations, and criminal justice laws regarding drunk driving have undergone significant changes in recent years. These changes raise important questions about police, who act as gatekeepers for the rest of the criminal justice system. Very little, however, is known about what police did in the years when drunk driving was viewed as a less serious social problem or about what police do now. I attempt to answer the first of these questions using data collected in the early 1970s, an important, largely unexamined period in the history of city police and drunk driving. The data provide a baseline for contemporary research. City police did not give contacts with drunk drivers a high priority, preferred to avoid these encounters, and made arrests on the basis of both legal and extralegal factors; extralegal factors were more important than legal factors. I examine the implications of the baseline data for contemporary policing.     

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.     

Transience and the disposition of theft cases in China

This research examines the relationship between transience and the disposition of criminal cases in an inquisitorial system. We describe the distinctive features of socialist legal theories, the justice process, and recent structural changes in China. The results of multivariate tobit analyses for a sample of court cases involving theft in China reveal that defendants' residency status has significant effects on pretrial detention, but not on sentencing outcomes. Further analyses of the possible conditional effect of offenders' residency status on case processing reveal that extralegal factors are weighed more heavily in detention decisions for transients, while legal factors are considered more strongly for residents. Pretrial detention influences sentencing outcomes, but only for transients. Policy implications and recommendations are discussed.     

The value of life in death: Multiple regression and event history analyses of homicide clearance in Los Angeles County

While clearance rates of homicides have declined over the last three decades, there still remains limited research on the topic. In recent studies, scholars had argued that legal factors best explained homicide clearance. They stated that extralegal variables that had proven to be important and significant for explaining other processes in the criminal justice system were not as helpful in explaining homicide clearance. This article challenges those findings. Utilizing multiple regression and event history analysis techniques, this article shows that extralegal variables such as the gender and race or ethnicity of the victim affect the likelihood of clearance and time needed for solving the murder. The research examined all homicides committed in Los Angeles County from 1990 through 1994. Findings demonstrated that some victims “received more law,” as Donald Black argued, and that not all victims' lives were equally valued.     

Sentencer and offender factors as sources of discrimination in magistrates' penalties for drinking drivers

This study examined the contributions of sentencer and case (legal and extralegal) factors to magistrates' sentences for 678 drink-drivers at 2 courts. Qualitative codings of magistrates' sentencing orientations were incorporated with case factors in a multivariate statistical model of differences in fines and disqualifications. Discriminations in penalties were related to offenders' legally relevant prior offenses and blood alcohol concentrations, and extralegal variables of offender age, gender and employment status. Men were treated more harshly than women, and young offenders more harshly than all other offenders except those over 56 years. Unemployed offenders were fined less, but disqualified for longer than offenders in the workforce. Magistrates' orientations and court interacted with offense categories to produce further differences related to blood alcohol concentration and recidivism. Sentencers responded to offender characteristics but also relied on their own mental images of stereotypic drink-drivers and their individualized sentencing orientations to exercise their discretionary powers. Results are discussed in relation to issues of warranted or justifiable discriminations and the just distribution of penalties.     

Legal mobilization in schools: the paradox of rights and race among youth

In this article, we analyze ethnoracial patterns in youth perceptions and responses to rights violations and advance a new model of legal mobilization that includes formal, quasi-, and extralegal action. Slightly more than half of the 5,461 students in our sample reported past rights violations involving discrimination, harassment, freedom of expression/assembly, and due process violations in disciplinary procedures. Students, regardless of race, are more likely to take extralegal than formal legal actions in response to perceived rights violations. Self-identified African American and Latino/a students are significantly more likely than white and Asian American students to perceive rights violations and are more likely to claim they would take formal legal action in response to hypothetical rights violations. However, when they perceive rights violations, African American and Asian American students are no more likely than whites to take formal legal action and Latino/a students are less likely than whites to take formal legal action. We draw on in-depth interviews with youth and adults—which we interlace with our quantitative findings—to explore the interpretive dynamics underlying these survey findings, and we offer several theoretical and methodological implications of our work.     

The intersection of defendants' race, gender, and age in prosecutorial decision making

A growing body of research examined the ways in which various legal and extralegal factors influence prosecutors' charging decisions. Though the results of these studies were mixed, some researchers reported that extralegal factors had little or no effect on important decisions such as case rejection and dismissal. The majority of this research, however, suffered from a considerable shortcoming—that is, most studies considered the direct effects of measures such as age, race, and gender, but failed to consider the potential interactions that might occur between these factors. Consequently, the present research employed a nationally representative sample of felony drug defendants to address this issue by examining whether or not age and gender condition the effect of race on prosecutors' decisions to dismiss criminal charges. Implications of the findings are discussed in the context of theory, research, and policy.     

Gender Disparities in Sentencing Departures: An Examination of U.S. Federal Courts

Using data from the United States Sentencing Commission, the present study examines the role of guideline departures in the sentencing of male and female defendants in federal courts. Findings indicate that female defendants continue to have lower odds of incarceration and to receive shorter sentence length terms, even after legal, extralegal, and contextual factors are controlled. The largest gender difference in the odds of incarceration was found for defendants who received substantial assistance departures, while male and female defendants in this same category were given the most similar sentence lengths. When departure status was examined as a dependent variable, it was found that female defendants were more likely to receive a sentencing departure. Finally, for both males and female defendants sentenced on multiple counts, those who went to trial and had prior criminal histories were less likely to receive sentencing departures. But defendants with higher guidelines sentences, those who had committed drug offenses, and those with more education were more likely to receive a sentencing departure.