Criminal records and college admissions: A modified experimental audit

In this article, we consider the effect of criminal records on college admissions. Nearly 72 percent of colleges require criminal history information during their application processes, which indicates that an applicant's criminal history could be a significant impediment to achieving the benefits associated with higher education. We conducted a modified experimental audit to learn whether and to what extent criminal records affect admissions decisions. Matched same-race pairs of tester applications were sent to a national sample of nonelite 4-year colleges, with both testers applying as either Black or White. Within each pair, one application signaled a prior low-level felony conviction only when required by the application. Consistent with the findings of research on employment, we find the rejection rate for applicants with felony convictions was nearly 2.5 times the rate of our control testers. Relative to the large racial differences observed in previous studies of hiring decisions, we find smaller racial differences in admissions decisions. Nevertheless, Black applicants with criminal records were particularly penalized when disclosing a felony record at colleges with high campus crime rates. We address implications for reentry, racial progress, and the college “Ban the Box” movement. We suggest colleges consider narrowing the scope of such inquiries or removing the question altogether – particularly when it conflicts with the goals of these institutions, including reducing the underrepresentation of students of color.”     

Still Paying for the Past: Examining Gender Differences in Employment Among Individuals with a Criminal Record

Although many studies have examined employment outcomes of those with criminal convictions, no study to date has examined gender differences in employment outcomes of individuals with criminal convictions using a nationally representative sample of individuals from the United States. In this study, we use data from the 1997 National Longitudinal Survey of Youth to examine differences in employment after a criminal conviction for females and males. Results reveal that for women with a conviction, a drug offense and having dependent children limit the number of weeks of employment. For males, race, education, age at first conviction, and a subsequent conviction predict the number of weeks employed. Implications for policy and future research are discussed.     

The impact of timing and frequency of parental criminal behaviour and risk factors on offspring offending

This paper explores mechanisms of intergenerational transmission of criminal behaviour by investigating specifically the timing and frequency of the parents' criminal behaviour while including risk factors for criminal behaviour. The results demonstrate a dose–response relationship: parents' number of criminal convictions is positively related to offspring's conviction rate. Furthermore, children whose parents had only been convicted before the child's birth have more convictions than those whose parents had never been convicted. Children whose parents had been convicted after the child's birth have more convictions than those whose parents had only been convicted before the child's birth, but this difference can be explained partly by the observation that the latter group had fewer risk factors for crime. When parental convictions at different ages were examined, children whose parents had been convicted between their 7th and 13th birthdays exhibit more criminal behaviour than children whose parents were convicted in other periods, but none of the differences were significant. There does not appear to be a sensitive period for the impact of parental criminal behaviour. The results demonstrate support for static as well as dynamic explanations of intergenerational transmission such as the transmission of a criminogenic environment and/or mediation through risk factors.     

The adequacy of China's responses to wrongful convictions

This paper examines a series of reforms that followed the discovery of high-profile wrongful convictions in China since 2005. There have been two waves of criminal justice reforms to prevent future wrongful convictions and to improve China's criminal justice system more generally. But it will be suggested in this paper that China's responses are inadequate because they allow traditional police and judicial practices that will lead to future wrongful convictions to continue. Further reforms will be suggested. First, police interrogations should be fully recorded, and the entire recording should be played back at trial. Second, the role of the defense counsel should be expanded. The use of state secrets as evidence against the accused should be curtailed. The close cooperation between the police, procuratorates and judiciary in the criminal justice should be counteracted by the creation of an independent body to review all serious convictions. Finally, the Chinese criminal justice has proven itself not safe enough to allow the broad use of capital punishment as a punishment for non-violent offences and at the very least, the immediate execution of prisoners who lose their final appeal must be abolished.     

Attitudes toward hiring applicants with mental illness and criminal justice involvement: The impact of education and experience

Individuals with mental health diagnoses, as well as those involved in the criminal justice system, experience a number of barriers in the recovery and reintegration progress, including access to stable, prosocial employment opportunities. Employment for these populations is important for establishing financial security, reducing unstructured leisure time, increasing self-worth, and improving interpersonal skills. However, research has demonstrated that individuals with psychiatric and/or criminal backgrounds may experience stigmatizing attitudes from employers that impede their ability to find adequate work. This study aimed to evaluate stigmatizing beliefs toward hypothetical applicants who indicated a mental health history, a criminal history, or both, as well as the effectiveness of psychoeducation in reducing stigma. Participants consisted of 465 individuals recruited from a large university who completed a series of online questions about a given applicant. Results of this study varied somewhat across measures of employability, but were largely consistent with extant research suggesting that mental illness and criminal justice involvement serve as deterrents when making hiring decisions. Overall, psychoeducation appeared to reduce stigma for hiring decisions when the applicant presented with a criminal history. Unfortunately, similar findings were not revealed when applicants presented with a psychiatric or a psychiatric and criminal history. Implications and limitations of these findings are presented, along with suggestions for future research.     

When does the Apple Fall from the Tree? Static Versus Dynamic Theories Predicting Intergenerational Transmission of Convictions

Criminal behavior of parents substantially affects the criminal behavior of children. Little is known, however, about how crime is transmitted from one generation to the next. In order to test two possible explanations against each other, we pose the question whether the timing of the criminal acts of fathers is important for children’s chances of committing crime. Static theories predict that it is the number of delinquent acts performed by fathers that is important, and that the particular timing does not affect the child’s chance of committing crime. Dynamic theories state that the timing is important, and children have a greater chance of committing crime in the period after fathers have committed delinquent acts. Results show that the total number of convictions of a father is indeed very important, but also the exact timing is key to understanding intergenerational transmission of crime. In the year a father is convicted the chance his child is also convicted increases substantially and it decays in subsequent years. This decay takes longer the more crimes father has committed. Our results show that some of the assumptions of the static theories at least need to be adjusted.     

A PROSPECTIVE TEST OF A CRIMINAL CAREER MODEL*

In an earlier article in this journal, Barnett, Blumstein, and Farrington (1987) formulated a model that described the criminal careers of the multiple offenders in a cohort of London males that had been studied from their 10th to 25th birthdays. That model involved two subpopulations of offenders (denoted as “frequents” and “occasionals”), each characterized by a constant annual conviction rate (μ) and a constant probability (p) of terminating the career following a conviction. This article describes the results of a prospective and predictive test of the model using new data collected on the same offenders from their 25th to 30th birthdays. The original model accurately predicted the number of recidivists, the degree of recidivism risk, the total number of recidivist convictions, and the time intervals between recidivist convictions. However, the predictions for the frequents suffered some distortions introduced by a few “intermittent” offenders who seemed to have terminated their careers, but who re-initiated offending during the test period after a long gap.     

Lifetime conviction risk—a synthetic cohort approach

How common are convictions? The stigma of a criminal record can have serious social and financial consequences for the individual. It is a fundamental question in relation to any policy how many people will be affected by it. For example, if it is desirable to make sentencing generally stricter, or restrict ex-offenders' employment opportunities, how many people will that apply to? Little is known about how many people acquire a criminal record over their life-course. In this paper, I apply life-table methods to a synthetic cohort to calculate the lifetime conviction risk. The findings show that a substantial proportion of the population will be convicted of a crime at some point. Not surprisingly, the figures for men are substantially higher than for women.     

Teenage childbirth and young adult criminal convictions: A quasi-experimental study of criminal outcomes for teenage mothers

Purpose

Teenage childbirth is associated with poor psychosocial outcomes for teen mothers. One example is that teen mothers have higher rates of antisocial behavior. The extant research has not been able to determine if teenage motherhood is independently associated with criminal behavior, or if the association is due to selection factors associated with both teenage childbirth and criminal behavior.

Methods

We used longitudinal data from Swedish national registers and sibling-comparisons (both full- and half-siblings) to identify the extent to which there is an independent association between teenage childbirth and mothers’ likelihood of criminal conviction between ages 20-30, or if the association is confounded by familial (including genetic or environmental) factors that make sisters similar.

Results

Women who began childbearing as teenagers were more likely to be convicted of a crime in young adulthood compared to women who delayed childbearing. When sisters were compared, the association between teenage childbirth and criminal convictions disappeared. Multivariate behavior genetic analyses suggest genetic and shared environmental account for the association.

Conclusions

The statistical association between teenage childbirth and early adulthood criminal convictions is confounded by genetic and shared environmental factors that influence both the likelihood of teenage childbirth and risk of early adulthood criminal conviction.     

Specialized Versus Versatile Intergenerational Transmission of Violence: A New Approach to Studying Intergenerational Transmission from Violent Versus Non-Violent Fathers: Latent Class Analysis

This paper investigates whether fathers who have been convicted of a violent offense transmit criminal and violent behavior more strongly than fathers who were convicted, but never for violence. First, a more traditional approach was taken where offending fathers were divided into two groups based on whether they had a violence conviction. Secondly, Latent Class Analysis (LCA) was performed to identify two classes of fathers, one of which was characterized as violent. Sons of fathers in this class had a higher risk of violent convictions compared with sons whose fathers were in the other class.     

Assisting the Factually Innocent: The Contradictions and Compatibility of Innocence Projects and the Criminal Cases Review Commission

The Criminal Cases Review Commission (CCRC) was the first publiclyfunded body created to investigate claims of wrongful conviction,with the power to refer cases to the Court of Appeal. In othercountries, such as Australia, Canada and the United States,many regard the CCRC as the optimal solution to wrongful convictionand, for years, Innocence Projects in these countries have calledfor the establishment of a CCRC-style body in their own jurisdictions.However, it is now Innocence Projects which are being introducedin England and Wales to try to assist applicants who are innocentbut convicted. This article reviews why the CCRC was created,discusses the role of factual innocence within this body andwithin the criminal justice system generally and explores whyInnocence Projects are being created in England and Wales, despitethe presence of the CCRC. It explains how these different organizationsmay work together to assist factually innocent people who havebeen wrongly convicted, and the role Innocence Projects mayplay generally in criminal justice reform and legal education.     

Rights Restoration and the Entanglement of US Criminal and Civil Law: A Study of New York's “Certificates of Relief”

Despite burgeoning interest in prisoner re‐entry and the “collateral consequences” of criminal convictions, we know little about the practical operation of policies governing the rights and privileges of people with criminal convictions. This study examines New York's Certificates of Relief from Civil Disabilities to explore the workings of the US carceral state at the intersection of criminal and civil law. These certificates remove some legal restrictions accompanying convictions, particularly licensure barriers, and are easier to achieve than pardons; other states have used New York's policy as a model. Interviews with judges and probation officers reveal deep variations in how they understand and award certificates. In some cases, differences stem from informal local agreements, particularly concerning firearms in rural communities; in others, from discretionary judgments in a context of legal ambiguity. These practices demonstrate how specific legal, organizational, and cultural factors contribute to complexity and variation in the US carceral state.     

Can Making It Harder to Convict Criminals Ever Reduce Crime?

This paper attempts to find the optimal level of the burden of proof needed in criminal cases in order to minimize crime. It also aims to provide an explanation for the higher burden of proof required in criminal cases than civil cases. It assumes that police officers receive incentive payments for convictions in cases they investigate. Although the direct effect of a higher burden of proof requirement is to reduce the probability of conviction, the indirect effect is to force police officers to build stronger cases and put more effort into finding suspects who are more likely to be guilty. Moreover, the increase in the marginal probability of conviction potential criminals face when they actually commit a crime increases. These factors imply that a reduction in the burden of proof will not necessarily reduce crime.     

The Criminal Justice System Creates Incentives for False Convictions

Abstract

The American criminal justice system creates incentives for false conviction. For example, many public crime labs are funded in part per conviction. We show that the number of false convictions per year in the American criminal justice system should be considered “high.” We examine the incentives of police, forensic scientists, prosecutors, and public defenders in the U.S. Police, prosecutors, and forensic scientists often have an incentive to garner convictions with little incentive to convict the right person. These incentives create what economists call a “multitask problem” that seems to be resulting in a needlessly high rate of false convictions. Public defenders lack the resources and incentives needed to provide a vigorous defense for their clients. Corrective measures are discussed, along with a call for more research.     

Nature versus Nurture: A Comparison of Russian Law Graduates Destined for State Service and for Private Practice

This article explores the mind‐set of Russian law students on the cusp of graduation. Drawing on a 2016 survey, the analysis finds that, despite having taken different paths to their degrees, the respondents share a confidence in the Russian courts that distinguishes them from Russians without legal education. Within the sample, a natural division is evident between those who plan to go into state service and those who plan to go into private practice. Aspiring state lawyers are more likely to support the policies of the Putin regime, even when they preference politics over the letter of the law. This strongly suggests that the tendency of judges and state lawyers within the criminal justice system to work as a team to ensure convictions is not solely the result of workplace incentives, as had previously been assumed, but is an element of a worldview that these lawyers share that predates their legal education. Aspiring private lawyers, by contrast, are consistently more skeptical of the state. To the extent that they are later coopted by the state, as studies of criminal defense lawyers suggest, such behavior would likely be the result of a desire to endear themselves to investigators and prosecutors in order to ensure further appointments to represent indigent clients.     

Estimating wrongful convictions

Although numerous cases of wrongful convictions have been documented in the literature and in the media, criminologists have yet to devise a methodology for estimating the extent of such errors in the criminal justice system. I explore several methodologies with this purpose in mind, including the use of official data, inmates' self-reports, and case study approaches. Specifically, I use court-ordered discharges from imprisonment as a basis for measuring official error. In addition, I employ data from the RAND inmate surveys to estimate the extent of convicted offenders who deny their commitment offenses. Studies that attempt to catalogue individual wrongful convictions also serve as a basis for estimating false positive errors. Each methodology has its own limitations, but by employing multiple measures and approaches, I make possible an estimate of the “dark figure” of wrongful convictions.     

Forensic DNA evidence and the death penalty in the Philippines

The death penalty remains a contentious issue even though it has been abolished in countries such as Australia, New Zealand, Canada, European Union member nations and some Asian countries such as Cambodia, East Timor and Nepal. Many argue that the irrevocability of the death penalty, in the face of potential erroneous convictions, can never justify its imposition. The Philippines, the first Asian country that abolished the death penalty in 1987, held the record for the most number of mandatory death offenses (30 offenses) and death eligible offenses (22 offenses) after it was re-imposed in 1994. Majority of death penalty convictions were decided based on testimonial evidence. While such cases undergo automatic review by the Supreme Court, the appellate process in the Philippines is not structured to accept post-conviction evidence, including DNA evidence.Because of the compelling nature of post-conviction DNA evidence in overturning death penalty convictions in the United States, different groups advocated its use in the Philippines. In one such case, People v Reynaldo de Villa, the defendant was charged with raping his 13-year-old niece that supposedly led to birth of a female child, a situation commonly known as ‘criminal paternity’. This paper reports the results of the first post-conviction DNA test using 16 Short Tandem Repeat (STR) DNA markers in a criminal paternity case (People v Reynaldo de Villa) and discusses the implications of these results in the Philippine criminal justice system.     

Self-Reported and Official Offending from Age 10 to Age 56

In the Cambridge Study in Delinquent Development, over 400 London males have been followed up from age 8 to age 48 in face-to-face interviews and up to age 56 in criminal records. About 42 % of the males were convicted up to age 56. During five age ranges up to age 47, 94 % of the males admitted at least one of eight offenses, in comparison with 31 % who were convicted for at least one of these offenses in these age ranges. The prevalence of offending, and the number of offenses committed, decreased steadily after age 18 according to both convictions and self-reports. On average, there were 38 self-reported offenses per conviction, and this ratio also decreased with age. Convicted males self-reported 25 offenses per conviction on average. It is concluded that the “scaling-up factor” from convictions to self-reported offenses is very important, especially in evaluating the effectiveness of intervention programs.     

The color of confinement: examining youth exoneration decisions and the critical race theory

Abstract

The critical race theory has been predictive of how minority youth are treated in the juvenile and criminal justice systems in the United States. However, the theory has not been applied in explaining the existence of wrongful convictions among juveniles. Using secondary data derived from the National Exoneration Registry, the purpose of this study is to identify specific factors (e.g., DNA evidence, etc.) related to the wrongful convictions of Black youth who have been exonerated. Compared to other racial categories, the results reveal that Black youth are more likely to experience wrongful convictions as a result of false confessions, faulty eyewitness identification, perjury, and official misconduct. Limitations, policy implications, and areas of further investigation are offered.     

Officials' Estimates of the Incidence of “Actual Innocence” Convictions

Evidence indicates that the conviction and imprisonment of factually innocent persons occur with some regularity. Most research focuses on causes, but the incidence of wrongful convictions is an important scientific and policy issue, especially as no official body gathers data on miscarriages of justice. Two methods are available for discovering the incidence of wrongful conviction: (1) enumerating specific cases and (2) having criminal justice experts estimate its incidence. Counts or catalogues of wrongful conviction necessarily undercount its incidence and are subject to accuracy challenges. We surveyed Michigan criminal justice officials, replicating a recent Ohio survey, to obtain an expert estimate of the incidence of wrongful conviction. All groups combined estimated that wrongful convictions occurred at a rate of less than ½ percent in their own jurisdiction and at a rate of 1–3 percent in the United States. Defense lawyers estimate higher rates of wrongful conviction than judges, who estimate higher rates than police officials and prosecutors. These differences may be explained by professional socialization. An overall wrongful conviction estimate of ½ percent extrapolates to about 5,000 wrongful felony convictions and the imprisonment of more than 2,000 innocent persons in the United States every year.