Deterrence and Individual Differences Among Convicted Offenders

Conflicting evidence exists on how criminal propensity moderates deterrent effects, and there is little empirical evidence on this issue from relatively experienced offenders. This study tested how variation in criminal propensity (operationalized as “low self-control”) moderates deterrent effects in a sample of convicted offenders in New Jersey’s Intensive Supervision Program in 1989 and 1990. Offenders’ perceptions of the risks and consequences from violating ISP were associated with whether they successfully completed ISP. Moreover, lower self-control did not diminish, and if anything, enhanced these deterrent effects.

Criminal victimization in contemporary China: a review of the evidence and challenges for future research

The rapid economic growth in China over recent decades has been accompanied by higher levels of crime, but there have been few studies of the Chinese experience of criminal victimization. A recent victimization survey of a representative sample of households in Tianjin represents a major effort to fill this gap in the literature. The present paper reviews the research based on the Tianjin survey along with other studies of crime and criminal victimization in China that have been published since 1990. We summarize the major findings, discuss the theoretical perspectives and methodological strategies that have been applied, identify the limitations of the research to date, and offer suggestions for future research.

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The prosecution of Chinese organized crime groups: the Sister Ping case and its lessons

This article analyzes the investigation and prosecution of contemporary Chinese criminal organizations through the study of one major human smuggling case: the trial of “Sister Ping.” Data were obtained from media reports, court documents, and from interviews with parties familiar with the case. It is argued that modern human smuggling groups such as the one run by Sister Ping are informal and decentralized organizations against which the RICO statute may be of little use.

Restoration and Retribution: How Including Retributive Components Affects the Acceptability of Restorative Justice Procedures

Two studies investigated people’s perceptions of the acceptability of restorative justice procedures for handling crimes that differ in severity. Results from Study 1 supported our hypothesis that as crimes increase in seriousness, people require a restorative justice procedure that also has a possible retributive component (i.e. a prison sentence). Study 1 also demonstrated that individuals assigned lower prison sentences for offenders who successfully completed a restorative procedure as compared to a traditional court procedure. The results from Study 2 replicated those from Study 1, as well as demonstrating that offenders who failed to successfully complete the restorative procedure received no reduction in prison sentence. These findings suggest that in order for citizens to view a restorative justice procedure as an acceptable alternative to the traditional court system for serious crimes, the procedure must allow for the option of some retributive measures.

The ‘Butner Study’ Redux: A Report of the Incidence of Hands-on Child Victimization by Child Pornography Offenders

This study compared two groups of child pornography offenders participating in a voluntary treatment program: men whose known sexual offense history at the time of judicial sentencing involved the possession, receipt, or distribution of child abuse images, but did not include any “hands-on” sexual abuse; and men convicted of similar offenses who had documented histories of hands-on sexual offending against at least one child victim. The goal was to determine whether the former group of offenders were “merely” collectors of child pornography at little risk for engaging in hands-on sexual offenses, or if they were contact sex offenders whose criminal sexual behavior involving children, with the exception of Internet crimes, went undetected. Our findings show that the Internet offenders in our sample were significantly more likely than not to have sexually abused a child via a hands-on act. They also indicate that the offenders who abused children were likely to have offended against multiple victims, and that the incidence of “crossover” by gender and age is high.

Sentencing Using Statistical Treatment Rules: What We Don’t Know Can Hurt Us

The existing literature seriously misinterprets the available evidence on the predictability of high rate criminal offending and thus the potential value of statistical treatment rules that impose stiffer punishments on offenders with higher predicted risk of recidivism. The misinterpretation results from the failure to take account of the fact that the data used in existing risk assessment exercises come from environments characterized by informal (and sometimes formal) attempts by judges and other actors to base penal treatments on expected recidivism. Findings of little or no predictive power for baseline covariates may simply indicate the efficient use of the available information. We lay out the problem in detail, provide examples from several literatures and then consider general solutions to the problem.

Singing the same tune? International continuities and discontinuities in how police talk about using force

This article focuses on a research project conducted in six jurisdictions: England, The Netherlands, Germany, Australia, Venezuela, and Brazil. These societies are very different ethnically, socially, politically, economically, historically and have wildly different levels of crime. Their policing arrangements also differ significantly: how they are organised; how their officers are equipped and trained; what routine operating procedures they employ; whether they are armed; and much else besides. Most relevant for this research, they represent policing systems with wildly different levels of police shootings, Police in the two Latin American countries represented here have a justified reputation for the frequency with which they shoot people, whereas at the other extreme the police in England do not routinely carry firearms and rarely shoot anyone. To probe whether these differences are reflected in the way that officers talk about the use of force, police officers in these different jurisdictions were invited to discuss in focus groups a scenario in which police are thwarted in their attempt to arrest two youths (one of whom is a known local criminal) by the youths driving off with the police in pursuit, and concludes with the youths crashing their car and escaping in apparent possession of a gun, It might be expected that focus groups would prove starkly different, and indeed they were, but not in the way that might be expected. There was little difference in affirmation of normative and legal standards regarding the use of force. It was in how officers in different jurisdictions envisaged the circumstances in which the scenario took place that led Latin American officers to anticipate that they would shoot the suspects, whereas officers in the other jurisdictions had little expectation that they would open fire in the conditions as they imagined them to be.

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Excessive Uniformity in Federal Drug Sentencing

The ideal of fair and proportionate punishment was a major impetus for federal sentencing reform. Observers of the current federal drug sentencing regime contend that the sentencing guidelines and mandatory minimums lead to the problem of “excessive uniformity” in which offenders of widely differing culpability receive similar sentences due to the dominance of drug quantity as a sentencing factor. This study investigates this phenomenon using the 1997 Survey of Inmates in Federal Correctional Facilities. Controlling for relevant offense, offender, and case processing variables, the analysis finds that the quantity-driven sentencing fails to account for important differences in offender culpability—resulting in excessively uniform sentences for offenders with highly dissimilar roles in the offense. The main policy implication of this research is that the central, organizing role of drug quantity in federal drug sentencing needs to be rethought. Indeed, effectively dealing with the problem of excessive uniformity will likely require the wholesale restructuring of how federal sentences for drug offenders are determined.

The Costs to Criminal Theory of Supposing that Intentions are Irrelevant to Permissibility

I attempt to describe the several costs that criminal theory would be forced to pay by adopting the view (currently fashionable among moral philosophers) that the intentions of the agent are irrelevant to determinations of whether his actions are permissible (or criminal).

Researching the use of force: the background to the international project

This article provides the background to an international project on use of force by the police that was carried out in seven countries. Force is often considered to be the defining characteristic of policing and much research has been conducted on the determinants, prevalence and control of the use of force, particularly in the United States. However, little work has looked at police officers’ own views on the use of force, in particular the way in which they justify it. Using a hypothetical encounter developed for this project, researchers in each country conducted focus groups with police officers in which they were encouraged to talk about the use of force. The results show interesting similarities and differences across countries and demonstrate the value of using this kind of research focus and methodology.

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Thinking Critically About Rural Gender Relations: Toward a Rural Masculinity Crisis/Male Peer Support Model of Separation/Divorce Sexual Assault

After decades of neglect, a growing number of scholars have turned their attention to issues of crime and criminal justice in the rural context. Despite this improvement, rural crime research is underdeveloped theoretically, and is little informed by critical criminological perspectives. In this article, we introduce the broad tenets of a multi-level theory that links social and economic change to the reinforcement of rural patriarchy and male peer support, and in turn, how they are linked to separation/divorce sexual assault. We begin by addressing a series of misconceptions about what is rural, rural homogeneity and commonly held presumptions about the relationship of rurality, collective efficacy (and related concepts) and crime. We conclude by recommending more focused research, both qualitative and quantitative, to uncover specific link between the rural transformation and violence against women. This paper was presented at the 2006 annual meeting of the American Society of Criminology, Los Angeles, California. Some of the research reported here was supported by National Institute of Justice Grant 2002-WG-BX-0004 and financial assistance provided by the College of Arts and Sciences and the Office of the Vice President for Research at Ohio University. Arguments and findings included in this article are those of the authors and do not represent the official position of the US Department of Justice or Ohio University. Please send all correspondence to Walter S. DeKeseredy, e-mail: walter.dekeseredy@uoit.ca. All of the names of the women who participated in DeKeseredy and colleagues’ rural Ohio study and who are quoted have been changed to maintain confidentiality.

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A Developmental Approach for Measuring the Severity of Crimes

There is widespread agreement in criminology that some crimes are more severe than others, but precise definitions of crime severity and straightforward methods for measuring it have been elusive. Public perceptions of crime severity and economic estimates of crime costs to society or willingness to pay offer a variety of metrics for the public’s perceptions of severity, but they may not accurately describe severity as reflected in offender preferences. The behavior of offenders is critical for understanding developmental progressions in criminal careers, as one may assume that typically more severe offenses are not undertaken until less severe crimes have been committed. In the present paper we propose an alternative metric of crime severity, drawing on findings from developmental criminology that indicate that more severe crimes occur after less severe crimes in the criminal life course, and a method for estimating crime severity that uses the generalized Bradley–Terry model of multiple paired comparisons. We demonstrate this approach on two samples of youthful offenders: the National Youth Survey and the RAND Adolescent Outcomes Project. The results suggest that sample-specific estimates of crime severity can be derived, that these estimates provide insight into the developmental progression of crime, and that they correspond well to crime severity rankings produced by the public.

The Conjunctive Analysis of Case Configurations: An Exploratory Method for Discrete Multivariate Analyses of Crime Data

Derived from comparative approaches in both qualitative and quantitative research, the current study describes a simple exploratory technique for the multivariate analysis of categorical data. This technique is referred to as the conjunctive analysis of case configurations. After describing the logic and underlying assumptions of this conjunctive method, it is applied and illustrated in the study of the federal sentencing of drug offenders. The relative value of this conjunctive approach for purposes of exploratory data analysis and its overall utility as a method for confirmatory research are also discussed.

Arson and the Special Part

This commentary on Michael Cahill’s Grading Arson argues that Cahill’s analysis inevitably leads to three possible conclusions. First, arson does not belong in criminal codes. Second, crimes of manner do not belong in criminal codes. And, third, the special part needs serious reconsideration. Although Cahill is reticent to draw any of these conclusions, this commentary urges Cahill to embrace all three.

<Emphasis Type="Italic">Dura lex,sed lex</Emphasis>? Insights from the subjective theory of opportunity cost

Seeking a grounding in Buchanan (Cost and choice: an inquiry in economic theory, 1969) subjective theory of opportunity cost, this paper sets out to fix a notional locus of the law in order to determine the cost of law enforcement. The paper also explores the impact of unlawful activities on the economy and analyses the evolution of individual criminal activities in collective criminal organizations such as the mafia.

New Evidence on the Monetary Value of Saving a High Risk Youth

There is growing interest in crime prevention through early youth interventions; yet, the standard United States response to the crime problem, particularly among juveniles, has been to increase the use and resource allocation allotted toward punishment and incapacitation and away from prevention and treatment. At the same time, longitudinal studies of delinquency and crime have repeatedly documented a strong link between past and future behavior and have identified a small subset of offenders who commit a large share of criminal offenses. These findings suggest that if these offenders can be identified early and correctly and provided with prevention and treatment resources early in the life course, their criminal activity may be curtailed. While researchers have studied these offenders in great detail, little attention has been paid to the costs they exert on society. This paper provides estimates of the cost of crime imposed on society by high risk youth. Our approach follows and builds upon the early framework and basic methodology developed by Cohen (J Quant Criminol 14: 5–33, 1998), by using new estimates of the costs of individual crimes, ones that are more comprehensive and that significantly increased the monetary cost per crime. We also use new estimates on the underlying offending rate for high risk juvenile offenders. We estimate the present value of saving a 14-year-old high risk juvenile from a life of crime to range from $2.6 to $5.3 million. Similarly, saving a high risk youth at birth would save society between $2.6 and $4.4 million.

Does illegality breed violence? Drug trafficking and state-sponsored protection rackets

Illegality does not necessarily breed violence. The relationship between illicit markets and violence depends on institutions of protection. When state-sponsored protection rackets form, illicit markets can be peaceful. Conversely, the breakdown of state-sponsored protection rackets, which may result from well-meaning policy reforms intended to improve law enforcement, can lead to violence. The cases of drug trafficking in contemporary Mexico and Burma show how a focus on the emergence and breakdown of state-sponsored protection rackets helps explain variation in levels of violence both within and across illicit markets.

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All in Favour? Attitudes of Stakeholders and Drug Users Towards Judicial Alternatives

Different judicial alternative sanctions and measures exist on the three levels of the criminal justice system. These alternative sanctions and measures can be applied to a specific target group, namely drug users. The current study is a qualitative assessment of the application and execution of alternative measures and sanctions for drug users, based on semi-structured face-to-face interviews in which stakeholders (magistrates, judicial assistants and social workers) and drug users were asked for their attitudes towards these sanctions and the factors that influence them in their convictions and beliefs. In conclusion we can state that the interviews have increased the insight in the attitudes of decision makers, social assistants, judicial assistants and drug users towards alternative sanctioning. From the interviews we learn that there are strong similarities between the three profiles, which provide for a strong basis for the continued functioning of alternative sanctioning.

Selectively Incapacitating Frequent Offenders: Costs and Benefits of Various Penal Scenarios

A small number of offenders are responsible for a disproportionate share of total crime. Policy makers have been seeking to reduce crime more efficiently by targeting corrections at these frequent offenders. Thus far, both macro- and micro-level research have yielded mixed results regarding the effects of these kinds of selective policies. The current study uses data from the Netherlands Criminal Career and Life-course Study to estimate the incapacitative effects of alternative selective prison policies. Using the rolling cohorts method, implementations of various penal scenarios differing in selection rate, sentence disparity and selective accuracy are simulated. Results show that it is hard for selective policies to yield a positive societal result: costs of imprisonment typically exceed benefits gained from crimes prevented.

Does Incapacitation Reduce Crime?

Questions and answers about incapacitation abound in all discussions about criminal justice policy. They are among the most pressing of all research issues, yet estimates about the incapacitation effect on crime vary considerably, and most are based on very old and incomplete estimates of the longitudinal pattern of criminal careers. This paper provides an overview of the incapacitation issue, highlights information on recent estimates of criminal careers that are useful to the incapacitation model, and outlines an ambitious research agenda for continued and expanded work on incapacitation and crime that centers on developing better estimates of the characteristics of criminal careers and their relevance to policy choices.